Agenda of Council - 7 October 2020

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

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

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

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

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

· Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

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

Agency advice

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

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

Disclosure of pecuniary interests / non-pecuniary interests

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

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

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

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

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

Council 7 October 2020

Item 8.1

8.1. Endorsement of Commercial Land Use Planning Proposal

A planning proposal to amend the Bega Valley Local Environmental Plan 2013 to implement the Bega Valley Shire Commercial Land Strategy and provide additional opportunities for economic development and employment opportunities, outside of town centres, has been prepared. This report seeks Council’s resolution to support the planning proposal and to forward it to the Minister for Planning for a 'Gateway Determination'.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Resolve to support the Commercial Land Use Planning Proposal (Attachment 1).

2. Authorise Council officers to submit the planning proposal 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. Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process.

Executive Summary

Council officers have prepared a planning proposal which aims to amend the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to encourage more vibrant town centres, reduce land use conflict in village zones and support economic development and employment opportunities throughout Bega Valley Shire.

The provisions within the planning proposal implement the recommendations of the recently adopted Commercial Land Strategy 2040 for town centres. In addition, the planning proposal includes some additional uses to provide further opportunities for economic development and employment opportunities outside of town centres. The proposed additional uses that have not already been considered by Council as part of the Commercial Land Strategy 2040 are discussed in more detail below.

Background

Commercial Land Strategy 2040

In August 2019 Council initiated a review of its commercial areas to address the future need for commercial land in Bega Valley Shire and provide a vision and framework for the development of the Shire’s commercial centres over the next 20 years. The Commercial Land Strategy 2040 was prepared on behalf of Council, with input from commercial land and business owners as well as community members and was adopted in April 2020.

The Commercial Land Strategy 2040 sets the direction for future development within commercial centres based on their existing natural advantages and includes recommendations for changes to land use zones, building heights, land use tables and other planning controls to help revitalise commercial space and promote economic growth opportunities.

The planning proposal implements the recommendations of the Commercial Land Strategy 2040 to amend land use tables, height of buildings map and land zoning map.

The planning proposal also seeks to include some additional uses into the land use tables as ‘permitted with consent’ in certain non-urban zones throughout Bega Valley Shire. These areas were outside the scope of the Commercial Land Strategy 2040 and the proposed uses in these zones have not previously been considered by Council.

Review of non-urban land use tables

Council officers have conducted a review of the non-urban land use tables and identified four land uses that are not currently permitted under BVLEP 2013, but which are compatible with the objectives of the identified zones and the objectives of the Commercial Land Strategy 2040. As a result of this review, it is recommended that the following land uses are also included in the planning proposal as permitted with consent within the identified zones because they may provide an avenue for suitable development that could provide economic and employment opportunities in those areas:

1) Include information and education facility as permitted with consent in the E4 Environmental Living and R5 Large Lot Residential zones to allow for uses such as open gardens and other small-scale tourism points of interest.

2) Include artisan food and drink industry in the RU4 Primary Production Small Lots and SP3 Tourist zones to allow for boutique food and drink premises to support tourism and local food production in rural areas.

3) Include medical centre in the RU5 Village zone to meet the needs of communities within rural villages.

4) Include rural supplies in the RU1 Primary Production and RU2 Rural Landscape zones to permit the retail sale of goods and materials used in farming and primary industry production in rural zones.

Options

The planning proposal contains the adopted recommendations from the Commercial Land Strategy 2040 which was adopted following community consultation. The additional land uses outlined in this Council report have not yet been exhibited publicly. Council could choose to engage with the community regarding these additional uses prior to lodging the planning proposal; however, due to the minor nature of the amendments to the land use tables and their potential to enable commercial opportunity on land this is not recommended in this instance.

Community Engagement

Consultation undertaken

The Commercial Land Strategy 2040 was adopted by Council following significant stakeholder and community engagement. No community consultation has yet been undertaken for this planning proposal.

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 follow any community and agency consultation requirements as per the Gateway Determination and Bega Valley Shire Council Community Engagement Strategy. It is planned to notify the planning proposal on Council’s website, in local newspapers and in writing to affected and adjoining landowners.

Council consideration of input

Following public and agency consultation, a report will be prepared for Council outlining feedback on the planning proposal and any recommended changes in response to submissions prior to resolving whether to proceed with amending BVLEP 2013.

Financial and resource considerations

The processing of the planning proposal and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2020-21 budget.

Funding source		Amount
General Fund	$	500.00

Legal /Policy

This planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning, Industry and Environment’s A Guide to Preparing Planning Proposals (December 2018).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The planning proposal aims to achieve the following goals and directions of the NSW Department of Planning, Industry and Environment’s South East and Tablelands Regional Plan:

Goal 1: A connected and prosperous economy

· Direction 2: Enhance tourism and export opportunities through the Port of Eden

· Direction 5: Promote agricultural innovation, sustainability and value-add opportunities

· Direction 8: Protect important agricultural land

· Direction 9: Grow tourism in the region

· Direction 12: Promote business activities in urban centres

Goal 4: Environmentally sustainable housing choices

· Direction 24: Deliver greater housing supply and choice

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

· Direction 27: Deliver more opportunities for affordable housing

The planning proposal is consistent with the following goals of the Bega Valley Shire Community Strategic Plan 2040:

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

· Goal 4: We have meaningful employment and learning opportunities for people in all stages in life

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

The planning proposal is consistent with achieving the planning priorities of the Bega Valley Shire Local Strategic Planning Statement 2040 relating to:

· Agriculture

· Tourism

· Character

· Housing

· Town Centres

Environmental / Sustainability

The planning proposal will address the resilience outcomes of a more diverse and thriving economy including economic sustainability, sustainable development and sustainable employment opportunities.

Economic

The planning proposal implements the necessary changes to land use zones, building heights, and land use tables to implement the direction for future development within commercial centres in accordance with the Commercial Land Strategy 2040. The outcomes of the planning proposal will be revitalised commercial spaces, improved economic growth opportunities and a more robust, resilient economy through greater diversity and employment generating opportunities.

Risk

The planning proposal will help address risk to our existing economic and employment base, which is dependent on a small number of industry sectors, by providing increased opportunity for diversification of commercial activity.

Social / Cultural

The planning proposal will help our community become more resilient by encouraging employment generating opportunities and helping create more vibrant and activated commercial centres that facilitate community connections, recreation and cultural activities.

Attachments

1 ⇩. Commercial Land Use Planning Proposal

Council 7 October 2020

Item 8.2

8.2. Endorsement of Secondary Dwellings and Dual Occupancies in Rural Zones Planning Proposal

A planning proposal to amend the Bega Valley Local Environmental Plan 2013 has been prepared to implement the Bega Valley Shire Local Strategic Planning Statement 2040 and Rural Residential Strategy. This report seeks Council’s resolution to support the planning proposal and provide it to the Minister for Planning for a Gateway Determination.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Resolve to support the Secondary Dwellings and Dual Occupancies in Rural Zones Planning Proposal (Attachment 1).

3. Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process.

Executive Summary

Council officers have prepared a planning proposal, which aims to amend the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to:

1. Increase the provision of affordable housing options for farmers and other landowners in the rural zones, without permitting further subdivision of land, by including secondary dwellings as a land use that is permitted with consent, and

2. Continue to limit the impact of additional dwellings in the rural zones on agricultural resources, farming operations, landscape amenity and Council roads, but introduce greater flexibility to permit optimal siting of dwellings by increasing the distance that two dwellings in a rural zone may be situated from each other from 100m to 250m to better respond to the topographical and other constraints of rural land in the Bega Valley Shire.

The provisions within the Planning Proposal implement the recommendations of the recently adopted Bega Valley Shire Local Strategic Planning Statement 2040 and Rural Residential Strategy.

Background

In February 2020 Council adopted the Rural Residential Strategy, which outlines Council’s strategic directions for rural living opportunities and guides future rural residential development. The Rural Residential Strategy includes a general recommendation to review the land use tables for rural and rural residential zones in BVLEP 2013 to increase provision of affordable housing options, without permitting further subdivision of land.

In June 2020 Council adopted the Bega Valley Shire Local Strategic Planning Statement 2040 (LSPS) to provide direction for land use in the Bega Valley Shire through to 2040. The LSPS identifies the need for greater housing diversity in Bega Valley Shire, particularly smaller dwellings, to contribute to improved housing affordability.

Under Clause 2.8 of the Bega Valley Development Contributions Plan 2014 contributions do not apply to secondary dwellings; however, this dwelling type is currently not permitted in the RU1 Primary Production, RU2 Rural Landscape or RU4 Primary Production Small Lots zones. Permitting this type of residential development in rural zones will provide greater housing diversity for farmers wishing to age in place and to provide a more affordable accommodation option to support succession planning.

Since gazettal of Bega Valley Local Environmental Plan 2013 (Amendment No. 6) on 6 February 2015, a total of 27 detached dual occupancies have been approved in RU1 Primary Production, RU2 Rural Landscape zones, with six (22%) of these varying the 100m separation distance restriction detailed in Clause 4.2D(2)(c) by way of a Clause 4.6 variation.

The assessment reports for each development application detail reasons for varying the clause, including to minimise environmental impacts (vegetation clearing, cut and fill, proximity to riparian zones), minimise hazards, minimise land use conflict with agricultural operations, and improve aspect and solar access.

Increasing the distance that two dwellings, in a rural zone, either detached dual occupancies or secondary dwellings may be situated from each other from 100m to 250m will provide more flexibility in the siting of detached dual occupancies in rural zones to better reflect the topographical and other constraints of the land, and to allow optimal dwelling siting based on merit.

It is proposed to permit secondary dwellings in the RU1 Primary Production, RU2 Rural Landscape or RU4 Primary Production Small Lots zones and also apply the 250m separation standard to siting those dwellings. This aims to ensure that additional dwellings have a limited impact on agricultural resources, farming operations, landscape amenity and Council roads.

The planning proposal will amend BVLEP 2013 in the following way:

· Include secondary dwellings as a use that is permitted with consent in zones RU1 Primary Production, RU2 Rural Landscape and RU4 Primary Production Small Lots.

· Amend Clause 4.2D to include secondary dwellings, in addition to detached dual occupancies, as a land use that must consider the controls to limit the impact of additional dwellings in the rural zones.

· Amend Clause 4.2D to include RU4 Primary Production Small Lots as a zone where the clause applies.

· Increase the distance that two dwellings in a rural zone to 250m may be situated from each other to better respond to the topographical and other constraints of rural land in the Bega Valley Shire.

Clause 4.6 variations to this standard may still be sought by applicants following this amendment, where they propose separation in excess of 250m.

Community Engagement

Consultation undertaken

The Rural Residential Strategy and LSPS were adopted by Council following significant stakeholder and community engagement. No community consultation has yet been undertaken for this planning proposal.

Consultation planned

The Gateway Determination will confirm community consultation requirements. It is likely that the 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 follow any community and agency consultation requirements as per the Gateway Determination and the Bega Valley Shire Council Community Engagement Strategy. It is planned to notify the planning proposal on Council’s website, in local newspapers and in writing to affected and adjoining landowners.

Council consideration of input

Financial and resource considerations

The processing of the planning proposal and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2020-21 budget.

Funding source		Amount
General Fund	$	500.00

Legal /Policy

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The planning proposal aims to achieve the following goals, directions and actions of the NSW Department of Planning, Industry and Environment’s South East and Tablelands Regional Plan 2036:

Goal 4: Environmentally sustainable housing choices

Direction 24: Deliver greater housing supply and choice

· Action 24.3 Promote increased housing choice, including townhouses, villas and apartments in strategic centres and locations close to existing services and jobs.

Direction 28: Manage rural lifestyles

· Action 28.1 Enable new rural residential development only where it has been identified in a local housing strategy prepared by council and approved by the Department of Planning and Environment.

· Action 28.3 Manage land use conflict that can result from cumulative impacts of successive development decisions.

The planning proposal gives effect to the following strategic directions and actions of Planning Priority 11: Housing of the LSPS:

· Future Direction: Allow for growth and encourage housing diversity and affordability while enhancing the distinct local character of each place.

· Action 11.5 Review the planning controls in rural zones to increase the provision of affordable housing options without permitting further subdivision of land.

The planning proposal is consistent with the following goals and strategies of the Bega Valley Shire Community Strategic Plan 2040:

· Goal 5: Our air and water is pristine and our natural environment and rural landscapes are protected.

o Strategy 11: Ensure land use planning and resource use protects the quality of the natural environment, the existing character of rural landscapes and the high value agricultural land.

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

o Strategy 16: Collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population.

Environmental / Sustainability

The intent of this planning proposal is to increase housing diversity and affordability in rural zones without resulting in adverse environmental outcomes, including protecting Aboriginal cultural heritage, biodiversity values and water resources, by permitting better dwelling siting with consideration of the unique constraints of the land.

Economic

The planning proposal will support opportunities to establish more affordable dwellings that are appropriately sited so as not to have any detrimental impact on adjacent economic land uses.

Risk

The planning proposal will support opportunities for better dwelling siting to minimise risk of hazards and impacts upon the land. The planning proposal will not materially increase dwelling density on rural land as detached dual occupancies are already permitted in RU1 and RU2 rural zones. Attached dual occupancies are permitted in all three rural zones (RU1, RU2 and RU4).

Social / Cultural

The planning proposal is anticipated to have positive social and cultural impacts, by supporting the provision of affordable housing options for farmers and other landowners on rural land throughout the Bega Valley Shire, allowing for more opportunities for landowners to age-in-place and to allow for succession planning for farming families.

Attachments

1 ⇩. Secondary Dwellings and Dual Occupancies in Rural Zones Planning Proposal

Council 7 October 2020

Item 8.3

8.3. Draft Wonboyn Entrance Management Policy

This report seeks Council’s endorsement to place the draft Wonboyn Entrance Management Policy on public exhibition.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council publicly exhibit the draft Wonboyn Entrance Management Policy (Attachment 1) for a period of not less than 42 days.

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

Executive Summary

Bega Valley Shire Council has entrance management policies for six estuaries (Wallaga Lake, Cuttagee Lake, Bega River, Wallagoot Lake, Back Lake and Lake Curalo), which were adopted by Council in 2016. A draft policy was developed for Wonboyn Lake around this time; however, it was not adopted along with the other entrance policies due to difficulty in developing opening triggers that were acceptable to all stakeholders.

The revised draft Policy (Attachment 1) was developed after extensive consultation with the Wonboyn oyster farmers and key NSW Government agencies. The Draft Policy presents a pathway forward that balances the ecological health of the estuary, functional requirements of the oyster industry, access for recreational users of the lake, and interests of foreshore landowners. The Draft Policy contains interim and long-term entrance opening triggers that will allow the oyster industry and private landholders time to raise infrastructure to withstand higher water levels associated with extended periods of entrance closure.

Background

Following the closure of the Wonboyn Lake entrance in late 2019, and negotiations around appropriate entrance opening triggers, the Wonboyn oyster industry, Council and NSW Fisheries identified that finalisation of a sustainable entrance management policy was required to support commercial, recreational and ecological activity in and around Wonboyn Lake. The entrance to Wonboyn Lake has historically been open for the majority of the time, and much of the foreshore and in-lake infrastructure is designed for relatively low water levels. This regime has supported a commercially viable oyster industry. Over the last 10 years or so, an increasing trend of heavy entrance shoaling and closure events have occurred. These intermittently closing and opening conditions typically do not support commercial oyster production.

In NSW, coastal management legislation supports minimal interference with intermittently closing and opening lakes and lagoons (ICOLLs), preferring that natural processes be allowed to operate to the greatest extent possible. The mechanical opening of lake and river entrances typically takes place to reduce the impacts of flooding on public and private infrastructure with opening trigger heights for each estuary determined by heights of key local infrastructure. The effectiveness of entrance opening is greater at higher water levels, as there is increased likelihood of a more prolonged opening and scouring of the entrance area sand shoals, resulting in enhanced tidal exchange and an increased change that the entrance will remain open for an extended period.

Historically, Wonboyn Lake entrance has been open, with the only known closures occurring in 2004, 2009 and 2019. Extended periods of closure are problematic for the oyster industry due to impacts on temperature and salinity within the lake and inundation of foreshore infrastructure including jetties and leases.

Due the historically open state of the Wonboyn entrance, foreshore recreational and commercial infrastructure has been built at relatively low elevation in order to be functional in a tidal environment. Generally, the when the lake is open water levels fluctuate between 0.1‑0.4 metres above the Australian height datum (m AHD).

Elevated water levels for extended periods of time, such as occurred in late 2019 / early 2020, pose a risk to health of oyster stock, affect oysters farming operations, create on-water navigational hazards and cause damage to oyster lease infrastructure. There is also a range of private infrastructure around the edge of the lake, including boat sheds and jetties which sit as low as 0.34m AHD, with a majority below 1m AHD.

Currently, with no policy in place, there is a great deal of uncertainty for stakeholders and the broader community regarding the conditions under which Wonboyn will be mechanically opened. The series of approvals and permits required from NSW Government agencies to undertake entrance works can further delay openings. This policy will provide the oyster farmers and Wonboyn community with certainty around opening procedures and a benchmark for a future trigger height to plan for. It will also increase Council’s responsiveness, improve consistency with management of other ICOLLs in Bega Valley Shire and affords Council certainty regarding entrance management options.

Proposed Draft Wonboyn Lake Entrance Management Policy Opening Triggers

Due to the low-lying infrastructure situated around Wonboyn Lake, an interim set of triggers is proposed for a period of five years to allow for the oyster industry and private land holders to adjust infrastructure. This is required so that water levels can be allowed to rise sufficiently to increase the chance of natural opening and increase the effectiveness of mechanical opening. After this five-year period, the trigger levels will be raised to be consistent with the approach applied more generally across the Shire and wider NSW.

Interim Trigger (five years from adoption of the Policy)

· Water level at or above 1m AHD; or

· Water level between 0.75m – 1m AHD either for a period of at least two months, or significant rainfall is predicted in the catchment (100mm+)

· Other exceptional circumstances including water quality (water temperature over 31⁰C and/or salinity <24ppt persisting over a period of two weeks). For exceptional circumstance openings or openings below 1m AHD, Council will consider an opening in consultation with the Wonboyn oyster industry, DPIE Fisheries, DPIE Biodiversity and Conservation Division, DPI Food Authority and DPI Aquaculture.)

No more than two lower level openings (0.75m-1m AHD) are to be undertaken within a 12-month period.

Due to the importance of a sustained opening in this estuary, all efforts will be made to open the lake at the highest possible levels and under the most suitable conditions to achieve sufficient scour with consideration given to; forecast rain events, tides, swell conditions and mean sea level.

Long Term Trigger (Five to ten years after adoption of the Policy)

· Water level at or above 1.4m AHD; or

· Water level at or above 1m AHD and significant rainfall is predicted in the catchment (100mm+), or

· Water level is between 1m AHD and 1.4 m AHD for at least two months, or

· Other exceptional circumstances including water quality (water temperature over 310C and/or salinity <24ppt persisting over a period of two weeks). Exceptional circumstance openings will be considered in consultation with the Wonboyn oyster industry, DPIE Fisheries, DPIE Biodiversity and Conservation Division, DPI Food Authority and DPI Aquaculture).

Options

Numerous options have been considered in developing the proposed Interim and ‘Long Term Triggers. All options considered were based on some level of Council intervention in managing the entrance and supporting the sustainability of the Wonboyn oyster industry.

The no intervention option is not favoured as it would significantly affect the viability of the Wonboyn oyster industry and lead to periodic inundation of foreshore infrastructure.

Community Engagement

Consultation undertaken

Council officers have been meeting with oyster industry and NSW Government agency representatives regularly on this matter since December 2019, with increased engagement in response to the Border Fire, which substantially affected the Wonboyn catchment and threatened the health of the estuary.

These meetings initially focused on developing short term strategies to deal with the immediate environmental risks and undertake detailed scientific monitoring of the estuary to inform proposed entrance management strategies. Council mechanically opened the entrance in February and May 2020 to address bushfire impacts. The lack of an adopted policy was a barrier to responding, and reinvigorated interest in finalising a policy for Wonboyn Lake.

Council officers have undertaken lengthy consultation with NSW Government agencies and the local oyster industry to ensure that the proposed triggers are likely to be accepted and are in accordance with relevant legislation.

Consultation planned

It is proposed to place the draft Policy on public exhibition for a period of no less than 42 days through October and November. During this time Council will hold a community information session in Wonboyn and offer to meet key industry and community groups.

Due to the relatively high percentage of absentee owners and small number of residents in Wonboyn, it is proposed to write to all landowners in Wonboyn village and North Wonboyn advising them of the public exhibition process.

Details of the exhibition will be placed on Council’s Have Your Say website, with exhibition material displayed at the Wonboyn Fire Shed and Eden Library.

Council consideration of input

The draft Policy and suggested entrance management triggers were presented to Council at a workshop session on 23 September 2020. Further consideration will take place following public exhibition.

Financial and resource considerations

This draft Policy has been prepared utilising staff resources and the exhibition will involve some minor expenditure in the development of educational resources.

Should the policy be approved, the entrance openings will be conducted within the existing Shire wide entrance management operational budget allocation.

Funding source		Amount
General Fund (public exhibition)	$	500
General Fund (annual entrance opening budget)	$	15,000

Legal /Policy

To date, Council’s entrance openings at Wonboyn have been ad hoc without a formalised policy in place. Recent entrance openings have required case-by-case assessment and approvals by relevant NSW Government agencies.

The proposed policy provides the legal framework for Council to undertake required physical works and is supported by a comprehensive Review of Environmental Factors (REF). The REF considers a broad range of potential impacts on the lake’s ecology following an opening, and the environmental and cultural heritage impacts of site access and excavation of the entrance.

Council has already obtained necessary approvals to allow machinery to traverse areas of potential cultural heritage significance. Additional licences will be required from DPIE Fisheries and Crown Lands. Copies of these licences will be appended to the final REF, once received.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft Policy supports Goal 5 of Council’s Community Strategic Plan: Our air and water is pristine and our natural environment and rural landscapes are protected.

It also aligns with the Council’s Climate Resilience ‘Natural Systems – Coast and Marine’ key response area.

Environmental / Sustainability

This draft Policy aims to achieve a reasonable balance between minimising flooding of low lying assets and allowing water levels to mimic natural patterns of inundation. The Draft Policy provides for a long term opening trigger that supports minimal artificial intervention in the natural cycle of opening and closure of the entrance.

The draft Policy supports the sustainability of the oyster industry and allows for a practical and timely transition and adaption of infrastructure to higher water level events within the lake. The Draft Policy also suggests the progressive raising or relocation of low lying private foreshore assets over the medium term to reduce any immediate cost burden to foreshore property owners.

Economic

The management of lake and river openings across the Shire is a key function that relates to public safety and the protection of public and private assets including dwellings, roads and water and sewer infrastructure. The disruption to critical services such as water, sewer and transport has adverse impacts on the local economy.

The draft Policy directly affects the economics of the Wonboyn oyster industry and the Wonboyn tourism sector. The economic impacts of the Draft Policy have been central to discussions with industry and agency representatives.

Risk

Having an adopted policy in place will allow Council to better manage environmental, cultural heritage, legal, safety and financial risks associated with entrance openings through provision of defined procedures regarding access and works. Pre-approval obtained from relevant agencies will also allow more flexibility in the timing of openings to align with more favourable opening conditions (tides, swell, weather etc).

The opening of entrances is a regular activity of Council and this Draft Policy does not increase Council’s risk profile.

Social / Cultural

There are known cultural heritage sites in the vicinity of the Wonboyn foreshore. To address the potential impacts on these sites, an archaeological assessment was conducted as part of the REF. That assessment identified a cluster of objects identified to be of moderate local significance. Subsequently, an Aboriginal Heritage Impact Permit (AHIP) has been obtained to guide entrance opening activity. Council is supported by staff from the Eden Local Aboriginal Land Council during site works.

Attachments

1 ⇩. Draft Wonboyn Entrance Management Policy

Council 7 October 2020

Item 8.4

8.4. Applications for Increasing Resilience to Climate Change Grant Program

This report provides advice of planned applications for the NSW Government’s Increasing Resilience to Climate Change grant program.

Director Community Environment and Planning

Officer’s Recommendation

That Council note that two applications for the NSW Government’s Increasing Resilience to Climate Change grant program are planned for submission by 15 October 2020.

Executive Summary

Council officers have been working to support two projects:

· An energy security project with the community of Cobargo, which seeks to improve the capacity of the local electricity system to withstand natural disasters

· An insurance affordability project with the Insurance Council of Australia and the Canberra Region Joint Organisation, which seeks to develop tools to support private landowners to understand the measures they can take to improve the insurability of their dwellings.

The Increasing Resilience to Climate Change grant program provides an opportunity to support development of these projects that does not require any matching funds from Council.

Background

The Increasing Resilience to Climate Change grant program supports projects that help communities to take action, foster partnerships and manage climate change impacts by being able to better plan, prepare for, and respond to heatwaves, storms, floods, drought and bushfires. The program is managed by the NSW Office of Local Government and provides funding of $30,000-$120,000, with no requirement for matching funds. Round 3 of the grant program recently opened, and closes on 15 October 2020. Applications must be submitted by a council or a joint organisation of councils.

The Cobargo energy resilience project seeks to support bushfire-affected landholders in the local community achieve greater energy resilience, high levels of energy efficiency and clean energy deployment at an affordable cost. It is being managed by the Cobargo and Region Energy Transition Group (CaRET), which is made up of members of the local community. The grant application seeks support to develop a scoping study for the project, to support a future application to the Australian Renewable Energy Agency for the infrastructure component of the project.

The insurance affordability project, led by the Canberra Region Joint Organisation and the Insurance Council of Australia, seeks to understand the specific measures that insurers are looking for in relation to disaster preparedness that have a direct bearing on insurance premiums and develop tools that both support householders to take up those measures and insurers to recognise them when setting insurance premiums.

Options

Options available to Council are to:

1. Note that these two applications are planned to be submitted by 15 October 2020. This is the recommended option.

2. Advise staff that it does not support participation in one or both projects.

Community Engagement

Consultation undertaken

Council officers have been engaging on both proposed grant applications. In relation to the Cobargo energy security project, Council officers have been liaising with members of the Cobargo community involved in the project as well as the NSW Government’s Climate Change and Sustainability Division of the NSW Department of Planning, Industry and Environment and Resilience NSW. The Cobargo community group has been engaging widely on the project, including representations to the National Bushfire Recovery Agency, the Member for Bega and the Member for Eden-Monaro.

In relation to the improving affordability of insurance on natural disaster-prone land, Council officers have been working with the Insurance Council of Australia and representative insurance providers, Climate Change and Sustainability Division and Resilience NSW.

Consultation planned

Both projects involve extensive community engagement, should they be supported. Detailed community engagement plans will be prepared as part of the projects. The Cobargo energy resilience project grant application seeks funding for a scoping study, which has a technical focus with limited engagement at that stage. The insurance affordability grant application seeks funding to engage with local and NSW planning authorities in the Canberra region, as well as insurance providers and homeowners to understand barriers and opportunities to increase insurance affordability.

Council consideration of input

The Cobargo community group is scheduled to present to Council on its energy security project on 21 October 2020. A briefing will also be scheduled for the insurance affordability project, should the grant application be successful.

Financial and resource considerations

There are no direct financial implications associated with the proposed applications. Staff time to support the local community to increase resilience to natural disasters is assigned within the adopted Operational Plan.

The Cobargo energy resilience project is supported, through Council, by the NSW Government’s Sustainable Councils and Communities program. This program provides technical support to the project, valued at $20,000, to assist in the development of the grant application and scoping study. The IRCC grant request is expected to be around $60,000. The cash contribution from Council is zero.

The Insurance Council of Australia has allocated $50,000 to the insurance affordability project. Resilience NSW, through the Recovery Officer assigned to the Canberra Region Joint Organisation, is seeking to contribute $20,000 [TBC]. The IRCC grant request is expected to be around $70,000 There are no funds required from Council.

Funding source		Amount
Insurance Affordability Project
Insurance Council of Australia contribution	$	50,000
Resilience NSW contribution [TBC]	$	20,000
IRCC Grant Contribution [TBC]	$	70,000
Council contribution	$	0
Cobargo Energy Resilience Project
Sustainable Councils and Communities program contribution	$	20,000
IRCC Grant Contribution [TBC]	$	60,000
Council contribution	$	0

Legal /Policy

There are no direct legal implications associated with the proposal, and both projects are aligned with Council’s adopted policy position to increase resilience to natural disasters and climate change.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposals are consistent with Council’s Community Strategic Plan:

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

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 within our Shire that meet local needs.

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

and responsive Council

and aligned with the following actions in Council’s adopted Operational Plan:

1.1.2.1 Promote partnerships and collaborations which increase community wellbeing

3.5.1.2 Implement key actions from Climate Resilience Strategy and BVSC Clean Energy Plan

4.7.7.4 Build community resilience for future disasters

Environmental / Sustainability

There are no direct environmental sustainability implications of submitting the proposed grant applications.

Both projects seek to improve sustainability across the Bega Valley: the insurance project aims to reduce risk to householders by helping them to increase the resilience of their housing stock; the Cobargo energy resilience project seeks to both increase resilience to natural disasters and reduce greenhouse gas emissions.

Economic

There are not direct economic impacts of submitting these grant applications.

Should the projects proceed, they will both contribute positively to the local economy, both in the short term through minor increase in economic activity funded by the grant, and in the longer term by improving the affordability of insurance and reducing the cost of electricity.

Risk

Submitting grant applications is a regular activity of Council and does not introduce new risks. Should the applications be approved, there are risks around the delivery of the projects, as neither is directly controlled by Council. These risks will be managed through the governance frameworks for each project and clear agreements between project partners.

Social / Cultural

Both of these projects seek to support local communities to recover from the recent bushfires and respond to identified issues in the community arising from those events. The projects also seek to build positive relationships between Council and key stakeholders in the community, industry and government, by working together to deliver improved resilience outcomes for the Bega Valley and wider Canberra Region.

Attachments

Nil

Council 7 October 2020

Item 9.1

9.1. Bemboka Public Sculpture Installation

This report recommends a location for installation of the ‘Landed’ sculpture in the township of Bemboka.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Resolve to install the ‘Landed’ sculpture in Memorial Park, Bemboka (Site 2) given the results of a multi-criteria assessment and community support for this location.

2. Recognise and thank individuals and businesses who donated to the sculpture at a launch event.

3. Inform the Bemboka community of Council’s decision.

Executive Summary

Bega Valley Shire Council (BVSC) sought feedback from the Bemboka community to help decide on the preferred placement of the ‘Landed’ sculpture. The sculpture was the winner of the Sculpture Bermagui Acquisitive prize and was identified by the Public Art Advisory Panel as being suitable for the township of Bemboka.

Possible sites for the ‘Landed’ sculpture were considered following feedback from the Bemboka community and an assessment of site suitability by the Public Art Advisory Panel. Criteria assessed included adequate site area, whether the land was Council owned or managed, likely installation costs, and synergies with the immediate locality. Two suitable sites were identified; Site 1 at Bicentennial Park, on the corner of Snowy Mountains Highway and Hoskins Street, and Site 2 in Memorial Park, near the corner of Snowy Mountains Highway and Broad Street.

These two options were put to the community via a poll. A high level of community interest was achieved, with a total of 141 responses. Both sites have been found to be publicly supported. Site 2 in Memorial Park received 73 votes and Bicentennial Park received 68 votes. As the site with the highest total number of votes is Site 2, it is recommended as the preferred location.

Generous public donations were received to contribute to cost of the sculpture. It is recommended that these be recognised at a launch of the sculpture.

Background

Public art can be a means of celebrating the identity and history of the community, enhancing the environment and contributing to a sense of place. Bega Valley has number of public artworks including sculptures installed at various key locations throughout its towns and villages. In the last 6 years, Council has awarded five acquisitive prizes, and installed these in Merimbula Airport, Bermagui, Eden and Short Point, Merimbula.

Council resolved on 10 April 2019 to allocate $10,000 from the 2019 Southern Phone dividend for an Acquisitive Sculpture Prize. The sculpture ’Landed’, by Thomas Westra, was the winner of the Sculpture Bermagui Acquisitive prize and was identified by the Public Art Advisory Panel as being suitable for the township of Bemboka. The work is a large eagle, constructed from forged and welded steel, measuring 325 x 165 x 90cm. The artist statement reads that the sculpture ‘represents the journey of searching, finding and holding onto the passion for life’.

At the Ordinary Meeting on 8 April 2020 Council further resolved that:

1. Council endorse acquisition of ‘Landed’ by Thomas Westra for the 2020 Acquisitive Sculpture Prize.

2. The 2020 Acquisitive Prize be increased, by $8,000 to $18,000, with funds allocated from the Southern Phone dividend.

3. Any funds raised in donations towards the 2020 Sculpture Award be used to reimburse the Southern Phone dividend reserve.

4. ‘Landed’ be installed at a suitable site in Bemboka, subject to consultation with the Bemboka community.

5. Bemboka resident, Mr John Cullen, be appointed to the advisory panel to assist in engaging with the local community and determining a suitable location for the sculpture.

6. A further report be brought back to Council once a location has been selected.

This report responds to that resolution.

Options

The possible sites were narrowed down to two options. A comparison of the two options are detailed below.

Site 1 Bicentennial Park corner of Snowy Mountains Highway and Hoskins Street

CRITERIA	COMMENTS
Adequate site area	Yes – located within Bicentennial Park on the corner of Snowy Mountains Highway and Hoskins Street. Away from existing structures, not impeding car sightlines. A small garden to be planted with possible low fencing to deter unwanted activity.
Council owned or managed land	Yes.
Likely construction costs (including site excavation/preparation costs)	Concrete slab pour and installation fees. Transport from Bermagui depot to site. Landscaping/planting to be provided by Bemboka Community garden society.
Synergies with immediate locality (eg compatibility with adjoining land uses, minimal potential for land use conflict, ability to stimulate activity)	Provide an entry feature to the new children’s playground and heritage walk recently completed by BVSC. Adds to ambience of park and elevates park facility and entices travellers to stop and enjoy the town.

Site 2 Entry – Memorial Park corner of corner of Snowy Mountains Highway and Broad Street

CRITERIA	COMMENTS
Adequate Site Area	Yes. To be located away from the War Memorial on the opposite side of the public toilets.
Council owned or managed land (tenure)	Yes.
Likely construction costs (including site excavation/preparation costs)	Concrete slab pour and installation fees. Transport from Bermagui depot to site. Removal of one tree currently behind mural.
Synergies with immediate locality (eg compatibility with adjoining land uses, minimal potential for land use conflict, ability to stimulate activity within the Bega town centre)	Creates an atmospheric and unique statement in a highly visible location. Will be attractive to residents and visitors outside of the shire stopping to use the public toilets. Locating the sculpture behind an existing mural could add protection and deter unwanted activity.

Community Engagement

Consultation undertaken

The Have Your Say consultation commenced on 28 August and concluded on 14 September 2020. A comprehensive communication and engagement plan to consult with the community included the use of the following tools:

· Media Release picked up by About Regional 4/09/20 and Bega District News 28/08/20

· Council News 1,092 subscribers, top link clicked was Have Your Say Bemboka

· Bushfire recovery newsletter 1,205 subscribers 4/09/20

· Have Your Say Posters (15 posters placed at various locations including public toilets, pie shop, post office, bank and memorial hall)

· Community information available at July, August and September Cuppa and a Chat in Have Your Say manual voting box located at Bemboka Public School and Cuppa and Chat on 13 September Memorial Hall.

· BVSC Facebook post(s) see stats below.

Date	Post	Reach	Engagement	Shares	Post clicks
29/8	Bemboka community to choose site of award-winning sculpture	6791	463	2	413
10/9	Three more days to choose Bemboka sculpture site	3192	106	2	86

The township of Bemboka has approximately 577 residents (2016 Census), of whom 89 voted using the online poll. Forty-nine people preferred Site 2 in Memorial Park and 40 people preferred Site 1 at Bicentennial Park.

11 Comments were submitted to the Have Your Say page.

· 3 suggested outside Memorial Hall as a possible site

· 2 suggested Colombo Park

· 1 suggested Bemboka River Reserve

· 1 suggested corner of Broad and Lotus Street Bemboka

· 1 suggested selling the sculpture and donating the proceeds to bushfire recovery in Bemboka

· 1 was an BVSC response for clarification around publishing comments

· 2 comments mentioned the sculpture being a relevant tribute to late Ray Alcock resident of Bemboka, wildlife protector and bird enthusiast.

The Bemboka Public School students also participated in manual voting opportunity using a polling box. The school students showed a preference for Site 1 Bicentennial Park with 27 votes and Site 2 in Memorial Park received 15 votes. The manual voting system was also taken to the Memorial Hall on 13 September for a final opportunity for residents to vote using this paper-based system. This yielded a further nine votes for Site 2 and one additional vote for Site 1 in Bicentennial Park.

Initial Site Selection

BVSC sought feedback from the Bemboka community to help decide on the preferred placement of the ‘Landed’ sculpture. The possible sites for the ‘Landed’ sculpture were narrowed down to two options following discussions with the Bemboka Community via the online Bemboka Community Noticeboard and two Cuppa and Chat face to face sessions held at Memorial Hall in July and August. Input was also received from Bemboka RFS Chief, John Cullen, and Bega Valley Shire Council’s Art Gallery Director, Iain Dawson.

Both of the short-listed sites were publicly supported. The location receiving the highest total number of votes was Site 2 in Memorial Park (73 votes) with Bicentennial Park receiving 68 votes. Further criteria used to assess site suitability included adequate site area, Council owned or managed land, likely installation costs, and synergies with the immediate locality.

Donations

Following the Council resolution of 8 April 2020, generous donations totalling $8,000 were received from Stephen Pope of Pope Logging, Eden, Raymond and Nicole Innes of Cyneve Contracting, Stephen Cocks of Cocks Logging, Mal Higgins of Sapphire Coast Tree Services, Peter Mann of Kothes, and Rob and Robyn Bain. In accordance with the Council resolution, these funds reimbursed the Southern Phone Dividend and enabled the sculpture to be purchased at Council’s budgeted amount of $10,000.

Consultation planned

It is recommended Council’s decision be communicated to the Bemboka community though a BVSC media release, social media post and by direct communication with key Bemboka community stakeholders. An informal COVID safe launch is proposed once the sculpture installation is completed.

Financial and resource considerations

The installation of the sculpture, which included the cost of transportation, has been estimated at $1500 and a launch at $300. These funds are available in the adopted 2020-21 budget in the Community Engagement program area. Annual servicing of the sculpture is recommended by using a lanolin spray, which can be undertaken by town team.

Funding source		Amount
2019 Southern Phone dividend for an Acquisitive Sculpture Prize in the 2019/20 Budget.	$	18,000
Donations received	$	(8,000)
Installation and launch	$	1,700

Legal /Policy

This report is informed by the adopted Bega Valley Arts and Culture Policy, Public Art Procedure 2018, and the Bega Valley Community Engagement Strategy 2019.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Public art is identified in:

· Goal 1 of the Bega Valley Shire Community Strategic Plan 2040: we are a cooperative, caring and enjoy a culturally rich community life,

· Delivery Program 2017 – 2021 Action: stimulate and enhance Australia’s visual culture and deliver on the outcomes of the Regional Gallery Strategic Plan, and

· Operational Plan 2019-2020 activity: deliver public art programs.

The process of engaging community is supported by the Delivery Program 2017-2021 Action: Design and implement processes to support Council’s community consultation and engagement.

Economic

The ‘Landed’ sculpture may entice visitors to stop in the township of Bemboka to take and share photographs of the sculpture with others.

Risk

The careful identification and community consultation on suitable sites will help to minimise risks associated with public safety and any potential negative impacts on visual amenity.

The rigorous application of procedures for the selection of artwork ensure the acquired works represent good value for money and reduce ongoing maintenance costs.

Social / Cultural

Art in public spaces creates a point of difference, enhances ambience and attractiveness, encourages use and vitality, and contributes to a sense of pride and wellbeing in the community. Council’s public art programs aim to respond to the cultural needs of the community and to support arts and culture in the Bega Valley Shire.

Attachments

Nil

Council 7 October 2020

Item 11.2

11.2. Status Update Merimbula Ford Park Courts Project

This report provides an update on the status of the Merimbula Ford Park Courts Project.

Director Assets and Operations

Officer’s Recommendation

1. That the information in the report be received and noted.

2. That Council write to the local member, The Honourable Andrew Constance thanking him for his assistance in sourcing the shortfall amount for the project.

Executive Summary

Council has recently considered two reports relating to the Merimbula Ford Park Courts project. Detailed project background and information is included in those reports. This report provides an update to Councillors on progress of the implementation of the previous Council resolutions and the project status.

Background

On 24 June 2020 Council considered the report 11.2 RFT 23/20 Merimbula Basketball Courts Upgrade - New Roof & Courts Upgrade and resolved:

1. That Council decline to accept the submitted tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the appropriate tenderers to provide the best value for money with a view to entering into contract(s) for the new roof, concrete slab and sports lighting for the Merimbula Basketball and Netball Courts Upgrade.

2. That should the negotiations not result in a sufficiently reduced cost to meet the allocated budget a further review of the project scope, in conjunction with the Project Control Group, to find savings see the project within budget while delivering core project objectives and elements be undertaken.

3. That authority is delegated to the General Manager to execute all necessary documentation in relation to RFT 23/20.

4. That the tenderers be advised of Council’s decision

On 5 August 2020 Council considered the report 11.5 Merimbula Ford Park Courts - Tender Negotiations Outcome and resolved:

1. That the information in the report be received and noted

2. That Council write to the local member, The Honourable Andrew Constance to request his assistance in sourcing the shortfall amount for the project.

3. That if no response has been received in 30 days, that Council staff prepare a report to Council to determine funding options.

Council staff have acted on the of 5 August 2020 resolution item 2. That Council write to the local member, The Honourable Andrew Constance to request his assistance in sourcing the shortfall amount for the project. Positive response has been received.

Following verbal confirmation of the additional funding, written confirmation has been provided by NSW Office of Sport that financial support of up to $200,000 will be made available for the project.

As a result of the previous negotiations with appropriate tenderers and with the additional funding available to deliver the project, it is now feasible that the project can be delivered within budget while delivering core project objectives. This action has met the requirements of the 5 August 2020 Council resolution. There were still some desirable components that were unfunded which the community group who have advocated for the project have continued to raise funds towards. It is now understood they have secured additional funding through the Bendigo Community Bank.

On receipt of written confirmation of the additional funding and to keep the project moving forward staff have proceeded in line with item 3 of the 24 June 2020 Council resolution 3. That authority is delegated to the General Manager to execute all necessary documentation in relation to RFT 23/20.

Community Engagement

Consultation undertaken

There has been project stakeholder consultation held throughout the development of the project. There is a Project Control Group for the project.

Financial and resource considerations

Available Construction Funding

Funding source		Amount
NSW office of Sport	$	1,000,000
BVSC construction contribution	$	93,000
NSW Government additional project funding	$	200,000
Total	$	1,293,000

Itemised Construction Costs

Project Item	$ Excl GST
Cost Post RFT Negotiations
Roof works	$749,680
Concrete works	$327,077
Sports lighting (2 Courts)	$58,581
Total RFT Works	$1,135,338

Summary Other Project Construction Cost Items
Early electrical works	$22,995
Tree removal	$600
Geotech Report	$4,490
Engineering slab design	$2,400
Court surfacing	$78,321
New fence/gates	$15,609
Project Management Costs	$33,220
Remove existing tile playing surface for re-use	In Kind
Total Other Project Items	$157,635

Total Project Construction Cost	$1,292,973
Total Available Construction funding	$1,293,000

Risk

The project has been scoped and pricing is confirmed tendered and quoted pricing. It is noted that there is not a construction contingency for the project. If additional works are identified and are necessary for the project to be completed funds will need to be reallocated from future planned recreation projects. If this is required, it will be reported to Council in a 2020/21 Financial Year quarterly budget review.

Attachments

Nil

Council 7 October 2020

Item 11.3

11.3. Community Hall Maintenance Funding 2020/21 and Community Hall Committee Nominations

This report presents the recommendations from the Section 355 General Community Halls Committee for the allocation of the hall’s maintenance budget in 2020/21 and nomination of one volunteer to formally join a Community Hall Committee.

Director Assets and Operations

Officers Recommendation

1. That Council receive and note the report.

2. That Council endorse expenditure from the 2020/21 halls maintenance budget as outlined in this report with the allocation to be funded from the Public Domain and Buildings Special Variation.

3. That Council endorse the projects proposed to be carried forward from prior years as outlined in this report with the funds to be allocated from the Public Domain and Buildings Special Variation.

4. That Council appoint Elaine Dawn Williams to the Cobargo School of Arts Community Hall Committee.

Executive Summary

There are 19 community halls across the Shire, 16 of which are managed by community committees and volunteers with the assistance of Council officers. Council provides an annual budget allocation for maintenance projects at these halls. These funds supplement the ongoing operations and regular maintenance that is funded through fees and charges.

In 2020/21 the adopted budget for the maintenance/renewal of community halls is $71,820. Potential maintenance projects have been proposed by individual hall committees after consultation with Council officers and agreed by resolution at the S355 General Community Hall Committee meeting held 1 September 2020.

The participation of volunteers in the care and management of Council’s community halls is an important way in which these facilities are activated, maintained and remain responsive to local needs and aspirations.

One new volunteer nomination for a position on the Cobargo School of Arts Community Hall Committees has been received for the consideration of Councillors.

Background

In 2019/20 ten (10) priority projects were identified for funding as follows:

· Kitchen improvement to servery bench at Bemboka Hall;

· Rebuild two external stairs and landings at Brogo Hall;

· Floor sanding and sealing at Eden Log Cabin;

· External painting and repairs at Murrah Hall;

· Window replacement and relocation of gas heater at Nethercote Hall;

· Repairs to gutters and downpipes and external footpaths at Quaama Hall;

· Replace floorboards at Towamba Hall;

· External painting of hall and facilities at Wandella Hall;

· Replace rear exit door and window at Wolumla Hall; and

· Repairs to roof sheets and water tank stand at Wyndham Hall.

Due to bushfires, COVID-19 which has seen the halls closed for periods of time and other priority projects underway at some of the halls not all 2019/20 projects funded have been delivered to date and those have carried over into this financial year for delivery. Likewise there is a project that had been planned in the 18/19 financial year that was not completed.

The recommendations of the General Community Halls Committee (GCHC), for the allocation of the maintenance funding in 2020/21 are as follows:

Hall	Project	Amount
Bemboka	Removal of external fibre cement cladding. Strip back, repair and repaint timber pole.	$2,000
Candelo	Reimburse Development Application, structural design, fire safety compliance and plumbing fees for new kitchen.	$5,400
Eden Log Cabin	Arborist removal and pruning of trees and external timber window casement repairs.	$7,100
Pambula	Electrical re-wiring of cabling to the lights.	$5,000
Quaama	Timber floor sanding of stage and door repairs. Electrical lighting and power points repairs. Contribution to septic system upgrade.	$8,840
Rocky Hall	Replace internal storeroom door and frame.	$2,400
Tanja	Replace 50L electric water heater in kitchen.	$1,500
Tarraganda	Replacement of brick piers.	$5,500
Towamba	Concrete slab and cage for new generator and external door repairs.	$8,500
Wolumla	Fire Safety compliance - exit emergency lighting	$4,268
Wyndham	Re-seal timber floors in main hall and supper room. Purchase of security system.	$6,600
	Contingency and responsive maintenance	$14,712
	TOTAL	$71,820.00
Hall Maintenance Projects Carried Over from previous years
Hall	Project	Amount
Candelo	Drainage issues carried over from 2017/18	$10,000
Murrah	External painting and repair carried over from 2019/20	$9,955
Nethercote	New window installation/heater relocation carried over from 2019/20	$3,000
Quaama	Gutters/downpipes/footpaths project carried over from 2019/20	$3,075
Towamba	Replace floorboards carried over from 2019/20	$1,000
Wandella	Purchase of plastic chairs carried over from 2019/20	$779
Wolumla	Replace rear exit door and window carried over from 2019/20	$5,500
	TOTAL	$33,309.00

In preparing these project proposals Council officers met with each community hall committee to review and consider the building condition assessment report, Facility Management Plan (FMP), and to discuss the committee’s observations. Potential projects were identified through this process and quotes on works from accredited contractors were sought.

Further project proposals have been received. These will be considered towards the end of the financial year to ensure that all nominated projects have been completed on budget, and that no major unforeseen projects arise.

Committee Nomination

Community hall committees and volunteers play a central role in the sustainability of community halls across the Shire. Council welcomes the participation of the community in the care, maintenance and management of community halls as members of hall committees and/or by active involvement as volunteers. The willingness of local people to donate their time and energy is a determining factor in Council’s capacity to deliver a range and quality of facilities that are enjoyed by the broader community. The engagement of local people in community halls also enable Council to better understand and respond to local needs and aspirations.

Council has received a volunteer and committee application from Elaine Dawn Williams to join the Cobargo School of Arts volunteer community hall committee which has been endorsed by the community hall committee. As such a Resolution is being sought to formally endorse and appoint Elaine Dawn Williams to Council’s volunteer community hall committee.

Financial and resource considerations

Funding source		Amount
Halls Maintenance & Renewals	$	71,820.00

Council currently has a general allocation towards halls and cemeteries as outlined above in the current adopted budget which was originally to be funded from general revenue. It is recommended that this allocation now be funded through the existing Buildings and Public Domain Special Variation (SV). The Halls are part of the building asset management plan covered by the SV and therefore should be funded through this general fund SV source. It is also recommended that the projects proposed to be carried over into the current year as outlined in this report be funded by the Public Domain and Buildings SV. Staff are currently reviewing projects allocated in the current financial year against the Public Domain and Buildings SV with a view to reduce capital expenditure as aprt of the current review of expenditures to be presented to Council as part of the September Quarterly Budget Review.

Legal /Policy

The GCHC is appointed under section 355 of the Local Government Act 1993 (NSW) (LG Act). Section 355(b) and Section 377(1) of the LG Act enables Council to exercise its functions by a committee of Council and to do so conditionally.

The delegated functions of the hall committees are set out in the Community Hall Committee Guidelines. These prescribe the manner the committees must operate within.

Impacts on Strategic/Operational/Asset Management Plan/Risk

The management of Council facilities via committees address the following outcomes in the Bega Valley Community Strategic Plan 2040:

Active and Healthy Communities

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

Strategy 1 - Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events, and care and services for disadvantaged people.

Council’s adopted Building Asset Management Plan provides the framework for the maintenance and renewal of the facilities. Individual FMP are in place for all community halls.

Risk

The recommended maintenance projects have been assessed in terms of priority, affordability and achievability, and whether works would avoid ongoing asset deterioration or mitigate Workplace Health and Safety risks.

Social / Cultural

Community halls play an important role as central points for social and cultural activities in towns and villages across the Shire. Partnerships developed with community members to manage and care for these assets, have multiple benefits and support community wellbeing.

Attachments

Nil

Council 7 October 2020

Item 11.4

11.4. Costs and process to develop options for traffic calming in Merimbula

This report responds to a Notice of Motion that staff investigate the costs and process of engaging a consultant to provide options to calm traffic and increase pedestrian circulation in Merimbula’s central business district.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Note the process of implementing a traffic calming plan and the cost estimates and process to engage a suitable consultant to prepare a Traffic Calming Plan for Merimbula central business district.

2. Note that the there are two current projects to be undertaken for Merimbula central business district, subject to funding:

a) Transport Study to inform a Place-based Area Plan (2020-21)

b) Place-based Area Plan describing traffic management, land use controls, visual amenity etc, and involving extensive community engagement (2021-22)

3. Note that preparation of a traffic calming plan for Merimbula is currently not warranted.

Executive Summary

Council officers have reviewed the need for the preparation of a traffic calming plan and do not believe that the cost, time and resources required are warranted at this time.

There is not an established pattern of traffic and driver behaviour within the Merimbula central business district (CBD), in terms of traffic speeds, accidents or volume that would require a traffic calming plan.

The two current projects to be undertaken for Merimbula CBD (Transport Study and Place-based Area Plan) are likely to better address the intent of the Notice of Motion to increase pedestrian circulation in Merimbula’s CBD.

Background

A Notice of Motion was resolved at the Council Meeting of 28 August 2019, as follows:

1. That staff prepare a report outlining the cost estimates and process to engage an urban planner to provide options to calm traffic and increase pedestrian circulation in Merimbula’s Central Business District (CBD).

2. That the focus of the report be:

· the impact of any proposed changes to the traffic in the town;

· presentation of a detailed design process for the overall CBD Masterplan, including options for the next stages through to implementation; and

· the estimated costs and financing options for the project.

3. That a community meeting be held, involving Merimbula landlords, business owners, Chamber of Commerce, Merimbula Tourism and interested members of the public to listen to their views on traffic management, pedestrian movements and landscaping in the Merimbula CBD.

Traffic Calming

Traffic calming slows traffic in residential areas by building road humps or other obstructions. It is one aspect of Council’s overall approach to reducing the effect of traffic on local streets.

Generally speaking, the goal of traffic calming is to:

· lower traffic speeds

· reduce accidents

· lower the volume of traffic.

The success of traffic calming hangs on design and community acceptance. Making a new calming plan involves the following steps.

· Establishing the need

· Survey and data collection

· Study of the survey and data information

· Selection of the right traffic calming devices

· Consultation with the community

· Detailed design of the accepted plan

· Funding

· Construction phase

· Post construction checking.

There are several traffic calming structures that can become part of a plan. These include:

Entry statement: A main road intersecting with a minor road, there is paving at the entry to the minor road with a road divider and traffic void area. There is roadside tree planting on the side of the road.

Driveway link: The creation of a serpentine travel path (paved) at an intersection or mid street and is accompanied by landscaped verges.

Road hump: A bump that rises above the surface of the roadway and spans its width. It is marked to indicate it is a different level to the road surface.

Slow point: A slow point is made to reduce vehicle speeds by the making a short narrow section of roadway that must be driven through at low speed and may have plants on the side of the short narrow section of roadway.

Modified T-intersection: Intersections that have a constructed kerbed blister on the kerb at the head of a T-intersection and where possible central curved medians to affect a change in a vehicle's travel path. There is planting on the blister.

Roundabout: A well designed roundabout is a safe and effective form of intersection control that can be installed on both four legged and three legged intersections. It has a central island and tree planting in the middle with a void area on each leg of the island leading up to the central roundabout.

Limitations and Potential Adverse Impacts of Traffic Calming

While traffic calming has its benefits, it is not the answer to all local traffic problems. Traffic calming cannot:

· remove all through traffic

· eliminate anti-social driving behaviour

· prevent traffic accidents

· prevent drivers from speeding

· solve parking problems.

It is recommended that installation of one-off traffic calming structures does not occur. Each structure has specific functions as part of any plan. Traffic calming structures cannot be installed on steep or unsealed roads, or on roads carrying high volumes of traffic.

Many common local traffic problems should be referred to the Police, (for example, hooning or speeding) or to Council’s Rangers (e.g. illegal parking) for enforcement of the relevant laws.

The potential adverse impacts that can occur in areas where traffic calming has been put in place include:

· loss of street parking

· increase in noise and fumes next to the traffic calming structures due to slowing down and then gathering speed

· increased glare at night from car lights and additional street lighting

· increased maintenance costs to Council

· increased traffic volume in neighbouring streets

· slower access for emergency vehicles.

Establishing the Need for Traffic Calming in Merimbula CBD

Council officers have reviewed the need for a traffic calming plan and do not believe that the cost, time and resources required to prepare a traffic calming plan is warranted at this time.

When looking at Merimbula CBD, there is not an established pattern of traffic and driver behaviour needed to lower traffic speeds, reduce accidents or lower the volume of traffic to indicate traffic calming is required.

Cost Estimates

The following cost estimates to engage an urban planner to provide options to calm would be entirely dependent upon the area of study and scope could range anywhere from $50,000 to $150,000.

Consultant Engagement Process

Should funding for the project be allocated, procurement of the services of a contractor to deliver the project will be in accordance with Council’s Policy 6.08 Procurement of Assets and Services to ensure the process is conducted transparently, efficiently and effectively.

The request for quotation process to engage a consultant to deliver the project would include the following steps:

· Develop a project plan including specific deliverables

· Collate applicable supporting documents

· Develop a quotation evaluation plan

· Conduct request for quotation process in accordance with Council policy and procedure

· Panel evaluation of suppliers

· Selection and contract finalisation process.

Other Related Projects

Council has committed to two other projects that may have some overlap with a traffic calming plan:

· Conduct a Merimbula Transport Study to inform Place-based Area Plan (2020-21)

· Complete a Place placed Area Plan for Merimbula, describing traffic management, land use controls, visual amenity etc, and involving extensive community engagement (2021-22).

These two projects would address the intent of the Notice of Motion to increase pedestrian circulation in Merimbula’s CBD.

Community Engagement

Consultation undertaken

To date no community consultation had occurred in relation to the specific project identified in the Notice of Motion that is the subject of this report.

Consultation planned

Community engagement in accordance with the Bega Valley Shire Council Community Engagement Strategy will be carried out when projects related to traffic in Merimbula are developed.

Council consideration of input

Council will consider feedback from technical studies and community engagement for any future projects relating to traffic in Merimbula in accordance with standard procedures.

Financial and resource considerations

There are currently no funds identified or budgeted for traffic calming studies or works. Funds are currently identified in the adopted 2020-21 Operational Plan and Budget for a Merimbula Transport Study.

Legal /Policy

There are no direct legal or policy implications associated with recommending that Council not proceed with a traffic calming study at this time.

Any legal or policy implications of future projects relating to traffic in Merimbula will be presented to Council as part of consideration of project findings and recommendations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

There are no direct impacts associated with recommending that Council not proceed with a traffic calming study at this time.

Any strategic alignment, environmental, economic or risk implications of future projects relating to traffic in Merimbula will be presented to Council for consideration.

Attachments

Nil

Council 7 October 2020

Item 11.6

11.6. Proposed boundary adjustment: The Crest, Mirador

A formal request has been received from the owners of Lot 514 DP 1071464 for Council’s consideration to the transfer of ownership of a small section of Council owned, operational land adjoining their land parcel.

General Manager

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council approve the proposed boundary adjustment and divestment of a 73m² section of Lot 83 DP 739561 at Mirador as shown on the attached plan for the value of $3,062 (plus GST).

3. That all costs associated with this matter, including all legal costs, survey work, plan preparation, subdivision application and registration fees be borne by the applicant.

4. That the General Manager and Mayor be authorised to execute the necessary documentation to affect the above course of action.

Executive Summary

A formal proposal for a boundary adjustment and divestment of a 73m2 section of Lot 83 DP 739561 at Mirador has been received and a Council resolution is being sought to progress the matter.

Section 377(1)(h) of the Local Government Act 1993 (NSW) (LG Act) states that the sale or surrender of any land or other property is a non-delegable function meaning a Resolution of Council is required for such purposes.

Background

Council officers have received a formal proposal from the owners of Lot 514 DP 1071464, at 49 The Crest, Mirador seeking Council’s consideration to the proposed boundary adjustment and divestment of a section of Council owned operational land being Lot 83 DP 739561 at the rear of their property.

A diagram of Lot 83 DP 739561 is shown below for the information of Councillors. As shown, there is a water reservoir located on the site and Council officers have considered the proposal with this use in mind. The minor 73m² section proposed for boundary adjustment and transfer is at the top of a batter for the reservoir, so this section is considered unusable to Council and the proposed divestment will reduce our maintenance requirements for the site.

The applicant has provided Council with the attached formal plan from Caddey Searl and Jarman detailing the section of Lot 83 DP 739561 required for the boundary adjustment.

Lot 83 DP 739561 is zoned RE1 Public Recreation and Council’s planning team have confirmed they have no objection to the concept of the boundary adjustment. However, it is noted that should the applicant require the land to be rezoned in the future, it would be at their own expense. In addition, Council’s Natural Assets Officer – Bush Fire Mitigation has confirmed the proposal presents no issue in relation to planning for Bushfire Protection in terms of defendable space that is available around the asset for an Asset Protection Zone.

Options

The options available to Council are:

1. Divest of the 73m² section of Council owned operational land being Lot 83 DP 739561 for the value of $3,062 (plus GST) as determined by the Valuer General in July 2019, with the proceeds from the sale to be reinvested into other water and sewer projects identified by Council;

2. Divest of the 73m² section of Council owned operational land being Lot 83 DP 739561 for current market value as determined by an independent valuer, with the proceeds from the sale to be reinvested into other water and sewer projects identified by Council; or

3. Advise the landowners that Council does not agree to progress the boundary adjustment and divestment and retain ownership of the entire parcel of land; or

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

Community Engagement

Consultation undertaken

Council officers have held informal pre-sale discussions/negotiations with the applicant subject to a resolution of Council regarding the proposed boundary adjustment and divestment.

Consultation Planned

Council officers will continue to consult with the applicant and legal representatives to action the resolution of Council.

Financial and resource considerations

As the section of land to be purchased from Council is only 73m² in total and the likely value minimal, it was suggested by Council officers that rather than obtaining a full market valuation by an external consultant at a cost of between $2,500 - $4,000, the compensation amount payable could be determined by using the latest Valuer General’s figures released in July 2019. The valuation figures for Lot 83 DP 739561 provided a rate per square metre of $41.94. Therefore, the compensation payable for the 73m² is $3,062 (plus GST).

The applicant will also be required to pay for all costs associated with this matter, including all legal costs, survey work, plan preparation, subdivision application and registration fees to formalise the matter.

The proposed boundary adjustment and divestment of the 73m² section of Lot 83 DP 739561 would require officer’s time and resources as well as the engagement of third parties and legal representatives.

Legal /Policy

Under the LG Act, there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land. In accordance with section 377(1)(h) of the LG Act, any decision to dispose of land must be made by resolution of Council as the power to sell, exchange or surrender land cannot be delegated.

No formal actions may be commenced in the disposal of land until a report has been considered by Council and an appropriate resolution adopted. Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a particular matter, by resolution of the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Economic

In accordance with Council’s adopted Financial Strategy, Council will be required to use the proceeds from the sale of ‘operational’ land to leverage investment or strategic outcomes. Council may also use funds generated from land disposal to leverage acquisition of other land critical to the orderly development of important urban or environmental areas, and to supplement its revenue sources and minimise the demand for increasing rates above rate-pegging, or a reduction in services.

Risk

In accordance with Council’s Acquisition and Disposal of Land Procedure 2.02.4, disposal of land by Council requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Attachments

1 ⇩. Caddey Searl and Jarman Plan showing area of lot 83 DP 739561 to be acquired by lot 514 DP 1071464

Council 7 October 2020

Item 11.7

11.7. Merimbula Airport - Regular Passenger Transport Proposal

This report tables an unsolicited proposal from the company to commence Regular Passenger Transport (RPT) services to Merimbula Airport for Council’s consideration.

General Manager

Officer’s Recommendation

1. That Council receive and note this report and Confidential Proposal as attached.

2. That Council consider the Council officers’ recommendation as detailed in the attached Confidential Report.

3. That Council authorise the General Manager and Mayor to enter into negotiations with the company to enter into a commercial agreement for the company to commence Regular Passenger Transport (RPT) services from Merimbula Airport.

4. Upon conclusion of the negotiations and entering into an agreement with the company a report is brought back to Council detailing the agreement specifics.

Executive Summary

An unsolicited proposal to commence Regular Passenger Transport (RPT) services from Merimbula Airport has been received from the company to commence services from the 18^th December 2020 with four (4) flights per week service to Sydney Airport utilising the Q300 aircraft for an initial 14-week schedule to determine route viability.

This report details the options available to Council and recommends that Council authorise the General Manager and Mayor to enter into negotiations with the company with the view of entering into a commercial agreement for the company to commence RPT services from Merimbula Airport.

Background

Council currently owns and operates Merimbula Airport; the airport has undergone fluctuating periods of growth and decline of passenger numbers closely linked to global and national economic events such as the 2007 Global Financial Crisis.

Over the past decade, passenger numbers to Merimbula Airport have been relativity stable at between 50,000 to 60,000 passenger per annum with Rex Airlines providing the majority of RPT services with current flights to Melbourne and Sydney via (Cooma and Moruya) utilising the Saab 340 aircraft.

The COVID-19 pandemic has had wide reaching impacts across the country and has impacted upon the Airline Industry and air travel in general with Merimbula Airport seeing a reduction of passenger numbers by around 95% relative to previous year’s RPT numbers.

With international air services not expected to resume until July 2021 at the earliest, has been actively seeking to stimulate domestic demand in air travel where border restrictions allow and looking at new routes and markets domestically.

As such, the company have made an unsolicited approach to Council to commence RPT services to Merimbula Airport from the 18^th December 2020 with four (4) flights per week service to Sydney Airport utilising a Q300 aircraft for an initial 14-week schedule to determine route viability.

In order to make the necessary arrangements to have the service up and running by the 18^th December 2020, timely Council decisions will need to be made and an agreement reached with the company.

The information provided by The company within their proposal is considered ‘commercial in confidence’, therefore it is attached as Confidential Attachments for the information of Councillors.

Options

Options available to Council are to:

1. Accept the commercial terms as set out in the attached commercial offering by The company to commence RPT services to Merimbula Airport.

2. Reject the proposal from The company.

3. That Council authorise the General Manager and Mayor to enter into negotiations with The company to enter into an agreement for The company to commence RPT services from Merimbula Airport.

4. That Council authorise the General Manager and Mayor to enter into negotiations with The company and to bring back a further report prior to entering into an agreement for The company to commence RPT services from Merimbula Airport.

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

Community Engagement

Consultation undertaken

No public consultation has occurred regarding the proposal from The company to commence RPT services at Merimbula Airport.

However, this proposal is consistent with the adopted Merimbula Airport Master Plan 2033 to increase growth of air services for the shire and encourage transport related industry on airport lands.

Consultation Planned

Prior to any RPT services commencing there would be extensive communications with regard to the new route by The company in order to promote the route and ticket sales.

Council consideration of input

The proposal as outlined by The company is consistent with the Merimbula Airport Masterplan and both the Community Strategic Plan and Council’s adopted Delivery Program 2017-201.

Financial and resource considerations

Income received from RPT services is directly proportional to passenger numbers at Merimbula Airport, Council currently receives ‘passenger head tax’ from all passengers landing at Merimbula Airport as listed in our Fees and Changes.

Currently, passenger numbers are down by about 95% due to the impact of COVID-19 on passenger travel and consequently income of the past nine months has been almost negligible.

Council has several fixed costs associated with running the airport to adhere to Aviation Legislation including the Operation and Management Contract for the Airport, these costs are attempted to be offset by the landing fee income from fees and charges.

Legal /Policy

Under the Local Government Act 1993 the Council determines fees and charges for a range of services including Airport fees and Charges levied for the airport use.

Any movement from the currently published fees and charges would need to be resolved by Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Airport is a critical element of Council’s transport strategic direction and its management and the provision of RPT services into the future will be critical to ensure the best outcomes for the community.

Increasing RPT services at Merimbula Airport is consistent with several key strategic directions set by Council as part of the Community Strategic Plan:

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

Goal 9: We have opportunities to work, learn and socialise through the provision of affordable public transport and telecommunications services.

Goal 10: We have a good network of good quality roads footpaths and cycleways connecting communities throughout the Shire and beyond

The proposal also aligns with actions identified in Council’s adopted Delivery Program 2017- 2021:

Outcome 2: Employment & Learning Opportunities

2.3.2: Support projects and opportunities that stimulate sustainable economic growth and align with the Economic Development Strategy

2.3.3.: Advocate, support and deliver sustainable tourism and visitor experiences to maximise the benefit to the community

Outcome 5: Connected Communities

5.9.1: Investigate future demand for Merimbula Airport

5.9.1.1: To continue to monitor and track airport usage and investigate opportunities to increase regular passenger travel

5.10.1: Manage, construct and maintain Merimbula Airport

5.10.1.1: Provide an airport with regular passenger services to nearby capital cities and general aviation facilities and services

Environmental / Sustainability

There are no additional Environmental/Sustainability risks associated to this proposal by The company to introduce an additional RPT service to Merimbula Airport.

Economic

The introduction of the company and the potential benefit of network connection of a national carrier has the potential to open-up Bega Valley Shire to new domestic tourism markets.

Having two RPT providers in the region provides options for air travel for both residents and visitors and could help stimulate competition on the route.

The economy of the Bega Valley has been traditionally dominated by primary industry including agriculture, forestry and fishing. While these industries are still significant, several other key sectors have developed including manufacturing, tourism and remote area employment.

There is growing momentum for projects linking air freight from the area. The Airport, as part of the regional/national transport network, provides access to business markets and thereby significant support to the local economy and at the same time airport operations generate a direct economic benefit.

Risk

Due to the remote location of the Bega Valley Shire, Merimbula Airport provides key links to both Melbourne and Sydney and it is important to ensure regular and reliable RPT services are maintained.

Council need to ensure that all current and future RPT providers are provided with the same opportunities and support when using Merimbula Airport.

Social / Cultural

Community benefit is arguably the main reason why Council owns and operates an airport. Airport operations are a vital component of an overall integrated transport network, which links the Bega Valley with capital cities.

The Airport provides essential links for professional, legal, specialist and medical services as well as passengers for tourism, employment and business.

Attachments

1 . 2020.10.07 Commercial Proposal MIM - 29.09.2020 (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 provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individual tenderers.

2 . 2020.10.07 Confidential Council Memo - RPT Proposal - 30.09.2020 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 7 October 2020

Item 12.1

12.1. Gift Register - September 2019 to August 2020

Council is required to report on Council’s Gift Register under Council’s Code of Conduct.

General Manager

Officers Recommendation

That Council note the Gift Register activities between 1 September 2019 and 31 August 2020.

Executive Summary

Council’s Code of Conduct requires Councillors and Council officers to declare, on Council’s Gift Register, any token gifts or benefits received during the course of their work/activities for Council.

The Register was maintained by Council’s Executive Officers and a copy of Declarations made over the period 1 September 2019 to 31 August 2020, is attached.

Background

It is a requirement of the Office of Local Government, for all Councils to have a Gift Register and for this Register to be available for inspection.

Legal/Policy

Council’s Code of Conduct states:

Part 6 Personal Benefit

6.1 For the purposes of this Part, a gift or a benefit is something offered to or received by a council official or someone personally associated with them for their personal use and enjoyment.

6.2 A reference to a gift or benefit in this Part does not include:

a) a political donation for the purposes of the Electoral Funding Act 2018

b) a gift provided to the council as part of a cultural exchange or sister-city relationship that is not converted for the personal use or enjoyment of any individual council official or someone personally associated with them.

c) attendance by a council official at a work-related event or function for the purposes of performing their official duties, or

d) free or subsidised meals, beverages or refreshments of token value provided to council officials in conjunction with the performance of their official duties such as, but not limited to:

i) the discussion of official business

ii) work-related events such as council-sponsored or community events, training, education sessions or workshops

iii) conferences

iv) council functions or events

v) social functions organised by groups, such as council committees and community organisations.

Gifts and benefits

6.3 You must avoid situations that would give rise to the appearance that a person or body is attempting to secure favourable treatment from you or from the council, through the provision of gifts, benefits or hospitality of any kind to you or someone personally associated with you.

6.4 A gift or benefit is deemed to have been accepted by you for the purposes of this Part, where it is received by you or someone personally associated with you.

How are offers of gifts and benefits to be dealt with?

6.5 You must not:

a) seek or accept a bribe or other improper inducement

b) seek gifts or benefits of any kind

c) accept any gift or benefit that may create a sense of obligation on your part, or may be perceived to be intended or likely to influence you in carrying out your public duty

d) subject to clause 6.7, accept any gift or benefit of more than token value as defined by clause 6.9

e) accept an offer of cash or a cash- like gift as defined by clause 6.13, regardless of the amount

f) participate in competitions for prizes where eligibility is based on the council being in or entering into a customer–supplier relationship with the competition organiser

g) personally benefit from reward points programs when purchasing on behalf of the council.

6.6 Where you receive a gift or benefit of any value other than one referred to in clause 6.2, you must disclose this promptly to your manager or the general manager in writing. The recipient, manager, or general manager must ensure that, at a minimum, the following details are recorded in the council’s gift register:

a) the nature of the gift or benefit

b) the estimated monetary value of the gift or benefit

c) the name of the person who provided the gift or benefit, and

d) the date on which the gift or benefit was received.

6.7 Where you receive a gift or benefit of more than token value that cannot reasonably be refused or returned, the gift or benefit must be surrendered to the council, unless the nature of the gift or benefit makes this impractical.

Gifts and benefits of token value

6.8 You may accept gifts and benefits of token value. Gifts and benefits of token value are one or more gifts or benefits received from a person or organisation over a 12-month period that, when aggregated, do not exceed a value of $50. They include, but are not limited to:

a) invitations to and attendance at local social, cultural or sporting events with a ticket value that does not exceed $50

b) gifts of alcohol that do not exceed a value of $50

c) ties, scarves, coasters, tie pins, diaries, chocolates or flowers or the like

d) prizes or awards that do not exceed $50 in value.

Gifts and benefits of more than token value

6.9 Gifts or benefits that exceed $50 in value are gifts or benefits of more than token value for the purposes of clause 6.5(d) and, subject to clause 6.7, must not be accepted.

6.10 Gifts and benefits of more than token value include, but are not limited to, tickets to major sporting events (such as international matches or matches in national sporting codes) with a ticket value that exceeds $50, corporate hospitality at a corporate facility at major sporting events, free or discounted products or services for personal use provided on terms that are not available to the general public or a broad class of persons, the use of holiday homes, artworks, free or discounted travel.

6.11 Where you have accepted a gift or benefit of token value from a person or organisation, you must not accept a further gift or benefit from the same person or organisation or another person associated with that person or organisation within a single 12-month period where the value of the gift, added to the value of earlier gifts received from the same person or organisation, or a person associated with that person or organisation, during the same 12-month period would exceed $50 in value.

6.12 For the purposes of this Part, the value of a gift or benefit is the monetary value of the gift or benefit inclusive of GST.

“Cash-like gifts”

6.13 For the purposes of clause 6.5(e), “cash- like gifts” include but are not limited to, gift vouchers, credit cards, debit cards with credit on them, prepayments such as phone or internet credit, lottery tickets, memberships or entitlements to discounts that are not available to the general public or a broad class of persons

Improper and undue influence

6.14 You must not use your position to influence other council officials in the performance of their official functions to obtain a private benefit for yourself or for somebody else. A councillor will not be in breach of this clause where they seek to influence other council officials through the proper exercise of their role as prescribed under the LGA.

6.15 You must not take advantage (or seek to take advantage) of your status or position with council, or of functions you perform for council, in order to obtain a private benefit for yourself or for any other person or body.

Attachments

1 ⇩. Gift Register 1 September 2019 to 31 August 2020

Council 7 October 2020

Item 12.2

12.2. LGNSW Annual Conference November 2020

This report outlines the 2020 Local Government NSW Annual Conference to be held online on 23 November 2020.

General Manager

Officers Recommendation

1. That Council note the cancellation and/or postponement of conferences due to the COVID- 19 pandemic.

2. That Council endorse Cr (name to be inserted at the meeting), to replace Cr Fitzpatrick (now attending as Mayor) to the attend the Virtual Local Government NSW (LGNSW) Annual Conference to be held on 23 November 2020, with the necessary registration costs to be borne by Council.

3. That Council endorse the Mayor and Cr Griff and a Councillor (name to be inserted to replace Cr Fitzpatrick) as voting delegate(s) for both types of voting: voting on motions; and voting in the Board election.

4. That Council endorse the following motions for forwarding to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on 25 October 2020 to the LGNSW website:

(to be inserted at the meeting)

Background

Councillors are afforded the opportunity for training and development through consultation with the General Manager. Changes to the Local Government Act 1993 will mandate development of a continuing professional development plan for Councillors into the future. A report and development of a Council policy on this will be reported to Council in the next six months. Good governance practice supports ongoing, professional development as critical to improving organisational and governance performance.

Training and development opportunities, as well as attendance at seminars and conferences are required to be reported to Council and for Council to resolve which Councillors will attend as Council’s representatives.

The Annual Conference is the pre-eminent policy making event for the local government sector in NSW. Delegates will vote on motions which help determine the policies and priorities for LGNSW and the sector. It is a key event for local government where Councillors come together to share ideas and debate issues that shape the way the sector functions and is governed

Council is a member of LGNSW, the peak local government body in NSW.

LGNSW Annual Conference – 23 November 2020 – Online

These difficult economic times have shown it’s more important than ever that we stand together as a sector in whatever format we can to advocate for what our communities need – be it bushfire recovery assistance, COVID-19 stimulus funding or more public spaces.

The Annual Conference will be presented online in an alternative format.

The draft program is provided as Attachment 1.

Registration to attend the Conference

For Council to participate fully in the Annual Conference, it is recommended the Council register attendees, nominate voting delegates and submit motions within the timeframes specified in this paper.

It is proposed Council nominate the Mayor and two Councillors to attend this Conference along with the General Manager.

The General Manager has been invited to be a presenter as part of the conference program as follows:

Presentation: Facilitated by Linda Scott

Presented by: Commissioner of Resilience NSW, Shane Fitzsimmons (sponsor)

Keynote address: Building resilience through partnership.

Panel: Recovery and Resilience & Q&A: local strategies and actions to prepare for, recover from and build resilience to disasters and crisis.

· Leanne Barnes OAM, GM, Bega Shire Council (invited)

· Mick Willing, NSW Assistant Police Commissioner, Bushfire Recovery (invited)

· Shane Fitzsimmons, Commissioner of Resilience NSW (invited)

All costs for attendance are covered in the Councillors’ training and development budget.

Registration as a voting delegate

Council will have three voting entitlements at the Conference to vote on motions and vote for positions in the LGNSW Board elections. At the meeting on 16 September Council endorsed the Mayor the Mayor, Cr Fitzpatrick and Cr Griff to attend the conference as voting members. A replacement Councillor for Cr Fitzpatrick is required to be nominated.

Members are required to advise LGNSW of the names of their nominated voting delegates by noon (AEDT) on Tuesday 3 November 2020. Nominations received after this time/date cannot be accepted, however, a member may, subject to the LGNSW rules, notify LGNSW of a change to the name of an already nominated voting delegate (a substitute delegate) after this time/date.

Voting delegates may not appoint a proxy to attend or vote at formal business sessions on their behalf.

Voting delegates must be registered to attend the Conference and also be registered as a voting delegate.

Conference Motions

Council is invited to submit motions to the Annual Conference to advance the sector wide policy agenda.

Motions are strategic local government issues which affect members state-wide and introduce new or emerging policy issues and actions.

The LGNSW Board has resolved that motions will be included in the Business Paper for the Annual Conference only where they:

1. are consistent with the objects of the Association (see Rule 4 of the Association’s rules1);

2. relate to local government in NSW and/or across Australia;

3. concern or are likely to concern local government as a sector;

4. seek to advance the local government policy agenda of the Association and/or improve governance of the Association;

5. have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws);

6. are clearly worded and unambiguous in nature, and

7. do not express preference for one or several members over one or several other members.

Council members are encouraged to review Action Reports from previous Conference(s) before submitting motions for this year’s Annual Conference to ensure the proposed motion wording reflects any recent developments and does not duplicate existing positions.

Motions must also be accompanied by evidence, for example, an extract from Council Minutes that Council has resolved to submit the motion.

Motions must be submitted in the recommended format:

Each motion submission should include responses to the following eight fields:

1. Council name

2. Contact details of relevant officer

3. Motion category (e.g. planning, economic, environment etc. This assists with assigning motions to the relevant policy staff and grouping related motions in the Conference Business Paper.)

4. Motion title (a few words)

5. Motion (a sentence or two which states the issue and the call to action)

6. Background note (a paragraph or two to explain the context and importance of the issue to the local government sector)

7. Indicate if the motion conflicts with one or more of the Fundamental Principles3

8. Evidence of council support for the motion (e.g. council meeting minutes)

Further important on the motions process, including submitting motions, motion criteria and a sample submission form are available in the LGNSW 2020 Annual Conference Motions Submission Guide at Attachment 2.

Members are encouraged to submit motions online by 12 midnight (AEST) on Monday 28 September 2020 to allow assessment of the motions and distribution of the Business Paper before the Annual Conference. However, in line with the LGNSW rules, the latest date motions can be accepted for inclusion in the Conference Business Paper is 12 midnight (AEDT) on Sunday 25 October 2020.

Motions proposed by Bega Valley Shire Councillors

Bega Valley Shire Council created an online form to collect the data for motion submissions and this was provided to all Councillors.

Councillors were encouraged to complete the BVSC online form for any motion submissions by Tuesday 6 October 2020.

At the time of publication of this report, no draft motions were provided for consideration by Council.

Financial

Councillors and senior staff have attended the LGNSW Annual Conference in past years, including travel, accommodation and registration costs.

The change in delivery of this conference provides an estimated saving of $5,000 in registration, travel and accommodation costs.

Costs to attend the 2020 conference online will include registration fees only of $66.00 per delegate.

Funding source		Amount
Elected Officials - attendance at events (yearly budget allocation)	$	198.00
Available budget – NOTE this will be one area where a reduction in expenditure in current and future years will be recommended due to new technology options in the September QBRS	$	22,572.00

Attachments

1 ⇩. LGNSW Annual Conference 2020 - Draft Program

2 ⇩. LGNSW Annual Conference 2020 - Motion Submissions Guide

Council 7 October 2020

Item 12.4

12.4. Model Code of Conduct - August 2020 Amendments

Council is required to formally note minor amendments to the Office of Local Government (OLG) Model Code of Conduct prescribed by legislation and Gazetted 7 August 2020 and adopt them in the Bega Valley Shire Code of Conduct Procedure

Director Business & Governance

Officer’s Recommendation

1. That Council adopt the revised Bega Valley Shire Council Code of Conduct in line with the Office of Local Government Model Code of Conduct 2020.

2. That Council adopt the New Code for the Administration of The Model Code of Conduct for Local Councils in NSW 2020

3. That the documents be published on Council’s website.

Executive Summary

At the Council meeting of 12 June 2019, Council adopted its Code of Conduct, revised in line with the Office of Local Government’s Model Code of Conduct for Councils (COC); as a well as the updated Procedures for the Administration of the Model Code of Conduct (PCOC).

On 7 August 2020, the NSW Government published The Model Code of Conduct for Local Councils in NSW 2020 (New Model Code) and the New Code for the Administration of The Model Code of Conduct for Local Councils in NSW 2020 (New Code Procedures). These documents replace the previous versions published by the OLG in 2018.

The changes have been incorporated into Bega Valley Shire Council’s Code as outlined below and are now presented to Council for adoption.

Background

Some of the amendments regarding the investigation of code of conduct complaints about councillors and general managers, the imposition of sanctions, and the review of decisions to impose sanctions, stem from the consideration by the Office of Local Government (OLG) of the decision of the Supreme Court of NSW in Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134.

In Cornish, the Supreme Court held that a council resolution that subjected a councillor to disciplinary measures (being the suspension of remuneration for a period of 3 months) was invalid as it was not authorised by the LG Act under which a council’s disciplinary powers for councillor misconduct are limited to the power of censure (see section 440G of the LG Act).

Changes to the Model Code of Conduct to be incorporated into Bega Valley Shire Council’s document are summarised below.

The New Model Code and New Code Procedures contain changes relating to:

· the definitions of council committees and council committee members,

· grounds of harassment and discrimination,

· gifts and benefits,

· the establishment of conduct review panels,

· the procedures for investigating code of conduct complaints regarding councillors and general managers,

· the imposition of sanctions, and

· the procedures for reviewing decisions to impose sanctions.

New Model Code Changes

Grounds of harassment and discrimination

In clause 3.6 of the New Model Code, the grounds of harassment and unlawful discrimination have been refined to remove reference to ‘domestic status‘ (which has been replaced with ‘marital or relationship status‘), ‘homosexuality‘ (which has been replaced with ‘sexual orientation‘), ‘transgender status’ (which has been replaced with ‘gender identity or intersex status‘), ‘carer’s responsibilities‘ (which has been replaced with ‘family responsibilities’), and ‘infectious disease‘ (which has been removed completely). The meaning of the ground of ‘race‘ is also set out with more specificity, with additional detail as to its meaning provided in brackets.

Clause 3.6 of the New Model Code now reads as follows:

‘You must not harass or unlawfully discriminate against others, or support others who harass or unlawfully discriminate against others, on the grounds of age, disability, race (including colour, national or ethnic origin or immigrant status), sex, pregnancy, marital or relationship status, family responsibilities or breastfeeding, sexual orientation, gender identity or intersex status or political, religious or other affiliation.’

Gifts and benefits

Part 6 of the New Model Code covers gifts and benefits.

The monetary value limit for gifts and benefits to be considered of token value has been increased from $50 to $100 inclusive of GST (see clauses 6.8-6.11).

Further, in clause 6.2, two further items have been added to the items that do not constitute a gift or benefit under Part 6 of the New Model Code. These are:

· items with a value of $10 or less, and

· a benefit or facility provided by the council to an employee or councillor.

Compliance with requirements under the New Code Procedures

In view of changes contained in the New Code Procedures and as a result of the decision in Cornish, former clause 9.9, which concerned the need for a councillor or general manager to comply with any council resolution requiring them to take action as a result of a breach of the code of conduct, has been removed from the New Model Code.

Compliance with requirements under the New Code Procedures

Code for the Administration of The Model Code of Conduct for Local Councils

The majority of the amendments appear in the New Code Procedures.

The New Code Procedures include a number of changes, the most significant of which result from the decision in Cornish.

Establishment of panel of conduct reviewers

In Part 3 of the New Code Procedures, the process for appointing and terminating conduct review panels has been simplified by way of removing the requirement for a council to take certain actions by way of a council resolution.

More specifically, a council resolution is no longer required for a council to:

· enter into an arrangement with one or more other councils to share a panel of conduct reviewers including through a joint organisation or another regional body associated with the councils (see clause 3.2), and

· terminate a panel of conduct reviewers at any time (see clause 3.10).

Preliminary assessment of code of conduct complaints about councillors or the general manager by a conduct reviewer

In Part 6 of the New Code Procedures, in relation to the investigation of alleged breaches of the New Model Code by councillors or a general manager, clauses 6.22(b) and 6.23 have, as a consequence of the decision in Cornish, been amended so as to specifically refer to the ‘formal censure of a councillor under section 440G of the LGA or disciplinary action against the general manager under their contract of employment…’ as potential outcomes of an investigation.

Investigation and resolution of code of conduct complaints about councillors or the general manager

Part 7 of the New Code Procedures concerning investigations of alleged breaches of the New Model Code by councillors or a general manager has been significantly amended, largely as a consequence of the decision in Cornish.

Changes in Part 7 of the New Code Procedures arising from the decision in Cornish

Most significantly, and as a consequence of the decision in Cornish, the recommendations that may be made under clause 7.37 (formerly clause 7.36) by an investigator who has determined that a councillor or general manager has breached the New Model Code, and the corresponding sanctions that may be imposed by resolution by a council under clause 7.58 (formerly clause 7.59), have been refined, by way of limitation to the following:

· in the case of a breach by the general manager, that disciplinary action be taken under the general manager’s contract of employment for the breach, or

· in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the LG Act, or

· in the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the LG Act, and that the matter be referred to the OLG for further action under the misconduct provisions of the LG Act.

Further, a new clause 7.59 has been inserted into the New Code Procedures, which provides as follows:

‘Where the council censures a councillor under section 440G of the LGA, the council must specify in the censure resolution the grounds on which it is satisfied that the councillor should be censured by disclosing in the resolution, the investigator’s findings and determination and/or such other grounds that the council considers may be relevant or appropriate.’

The ability of a council to propose, and resolve to impose, a different sanction on the respondent to that which was recommended by the investigator has also been removed from the New Code Procedures. As a result, former clause 7.61 has been removed and former clause 7.62 (which now appears as clause 7.61) has been amended. New clause 7.61 now provides as follows: ‘Where the council resolves not to adopt the investigator’s recommendation, the complaints coordinator must notify the Office of the council’s decision and the reasons for it‘.

Other changes in Part 7 of the New Code Procedures

The minimum time period for the provision of written submissions by complainants, respondents and affected persons to an investigator has been amended to ‘a period of not less than 14 days’ (see clauses 7.4(e), 7.7, 7.8(c), 7.27 and 7.28).

Further, former clause 7.38, which regarded the matters an investigator could have regard to in making a recommendation under former clause 7.36 (now clause 7.37) has been removed.

A new clause 7.39 has been inserted, which provides that, where an investigator has determined that there has been a breach of the New Model Code, they may recommend that a council revise any of its policies, practices or procedures in addition to making a recommendation under clause 7.37.

As a result of the amendments to former clause 7.36 (now clause 7.37), former clauses 7.44 to 7.46 have been consolidated. A new clause 7.44 now provides that, where an investigator has determined that there has been a breach of the Code and makes a recommendation under clause 7.37, ‘the complaints coordinator must, where practicable, arrange for the investigator’s report to be reported to the next ordinary council meeting for the council’s consideration, unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case the report must be reported to the first ordinary council meeting following the election’.

Further, a new clause 7.45 has been inserted, which provides that: ‘Where it is apparent to the complaints coordinator that the council will not be able to form a quorum to consider the investigator’s report, the complaints coordinator must refer the investigator’s report to the Office for its consideration instead of reporting it to the council under clause 7.44’.

Former clause 7.47 (now clause 7.46) has also been amended to take into account the revised recommendations that may be made by an investigator under clause 7.37 (formerly clause 7.36).

Review of decisions to impose sanctions

Part 8 of the New Code Procedures has also been significantly amended as a consequence of the decision in Cornish.

Clause 8.11 has been amended so that a councillor who is the subject of a sanction imposed under clause 7.58(c), being that they be formally censured under section 440G of the LG Act and that the matter be referred to the OLG for further action under the misconduct provisions of the LG Act, is precluded from the right to seek a review of the decision to impose the sanction.

Further, former clause 8.20 has been removed, and former clauses 18.19 and 18.21 have been consolidated, so as to remove reference to a sanction implemented by the general manager or mayor under former clause 7.45, and a sanction imposed by council by resolution under former clause 7.59. New clause 18.19 now provides as follows:

‘Where the Office considers that the investigator or the council has erred, the Office may recommend that a decision to impose a sanction under these procedures be reviewed. Where the Office recommends that the decision to impose a sanction be reviewed:

a) the complaints coordinator must, where practicable, arrange for the Office’s determination to be tabled at the next ordinary council meeting unless the meeting is to be held within the 4 weeks prior to an ordinary local government election, in which case it must be tabled at the first ordinary council meeting following the election, and

b) the council must:

i. review its decision to impose the sanction, and

ii. consider the Office’s recommendation in doing so, and

iii. resolve to either rescind or reaffirm its previous resolution in relation to the matter’.

Former clause 8.22 (now clause 8.20) has also been amended so that it refers to new clause 8.19(b).

The New Model Code and the New Code Procedures can be viewed on the OLG website:

Model Code of Conduct and Procedures 2020

· Model Code of Conduct for Local Councils in NSW – 2020 – PDF

· Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW – 2020 – PDF

Copies of the revised documents will be published on Council’s website once adopted by Council.

Community Engagement

It is not proposed to exhibit the Code of Conduct prior to adoption as changes are minor wording changes to clarify terminology.

The increase of the token amount for gifts and benefits from $50 to $100 will be amended in Council’s internal procedure. Councillors and staff are encouraged to declare all gifts and the actions taken, regardless of the amount, for record keeping purposes. A report is presented to Council annually on Gifts and Benefits declared by Councillors and staff.

Financial and resource considerations

Work undertaken by Council officers in preparing draft documents, exhibition and distribution of forms are part of normal duties and has not required additional budget.

Legal /Policy

Council is required to formally adopt these documents, as per the requirements of the Local Government Act 1993.

The New Model Code has binding legal force on local government officials under section 440(5) of the Local Government Act 1993 (NSW) (LG Act). The New Code Procedures have binding legal force on local government officials in relation to the investigation of complaints about breaches of the New Model Code and associated matters under s440AA(5) of the LG Act.

The updated Code of Conduct and Procedures for the Administration of the Model Code of Conduct will take effect for any Code of Conduct matters reported after the date of adoption.

Attachments

Nil

Council 7 October 2020

Item 13.1

13.1. Reserve allocations in the 2019-20 financial year

This report notes the formal draw down against reserves in 2019-20

General Manager

Officer’s Recommendation

1. That Council note the allocation of funding against its reserves for the Financial Year ending 30 June 2020.

2. Council authorise the release $3,492,720 of internally restricted reserves at 30 June 2020.

Executive Summary

Council holds externally and internally restricted reserves. Local Government Act 1993 No 30, Chapter 13 , Part 3, Division 1, Funds provides the legislative context regarding funds management and the use of reserves

There are three categories that are audited to determine the asset of ‘cash, cash equivalents and investments’ being;

1. Externally restricted

2. Internal restricted

3. Unrestricted

At its meeting on 16 September Council resolved:

That Council defer consideration of its reserves until the baseline financial review of years 2016-2019, as resolved by Council, has been completed.

In accordance with the above resolution, this report does not recommend the closure of any current reserves. The review of reserves held will be undertaken following receipt of the baseline financial review.

The reserve status included here outlines the commitments against reserves in the 2020 financial year. Some projects progressed in the year were funded from reserves allocated for the specific purpose although these were not all previously identified when developing the budget, for example, some of Council’ s contribution to the terminal works at the Merimbula airport which was to be funded by a loan with the remainder funded from general revenue, the sale of the Australasia and the following listed projects:

Internally restricted reserves are cash funds set aside by resolution of Council for projects where there is no legal or legislative requirement governing their use. If the purpose for which the cash restriction was established does not eventuate or Council changes its priorities, these funds can be made available for a different purpose by resolution of Council. The following is a list of internally restricted reserve balances. This report seeks a resolution from Council to confirm the internally restricted reserves that it wishes to maintain at the close of the Financial Year 30 June 2020 for specific future projects that align with the purpose of the reserve.

Background

Reserve Type	Detail	FY2020 (30/06/2020)
Externally Restricted Funds	Funds received by Council that cannot be used for operational purposes. That is, the Council can only spend these funds for the purpose they were provided. Council cannot use those funds for any other purpose.	$80,172,603
Internally Restricted Funds	Funds set aside by the elected Council for a specific purpose. The NSW Local Government Accounting Code states: Internal restrictions shall include those assets, the uses of which are only restricted by a resolution of the elected council. These assets are disclosed with details of the nature of the internal restrictions. These funds can only be utilised either by Council resolution or in the manner they were restricted.	$8,839,244
Unrestricted Funds	These are operating funds for use by the Council to deliver organisational services that are not funded by internally or externally restricted reserves (operational budget).	(3,492,720)
*Actual cash and cash equivalents at 30 June 2020		*$85,519,127*

In pure accounting terms, the sum of these funds should equal Council’s total cash holdings. Councils day to day activities can be funded from either externally restricted reserves, internally restricted reserves or unrestricted funds. Externally restricted reserves can only be used for the specific reason that they are restricted. To access the internal restrictions, the Council must resolve a position.

Preparing the Financial Statements relies on work progressing on the final reconciliation for the end of FY2020. The final position is now determined. In 2020 with six months of the year being operated under disaster declarations projects and unplanned activities, the income and expenditure took considerable reconciliation. This work is now concluded.

Although the budgeted projection for cash and investments was expected to be negative, the actual amount Council expended across all of the internal reserves have been reconciled and balances are now known. We also know that the cash and cash equivalent position at 30 June 2020 is $85,519,127.

The following table provides the current information held for externally and internally restricted cash and investments and allocations in the FY2020 year:

Options

1. That Council note the commitments against reserves and releases internal restrictions where there is no legal obligation, or the purpose of the reserve no longer exists, utilising the Long Term Financial Plan to manage allocation of annual budgets to identified future projects

2. That Council resolve to maintain all internally restricted funds currently allocated and notes the impact of accounting for these restrictions on the final cash position for the FY2020 Financial Statements, Cash and Investments. This decision would result in a qualified audit.

Community Engagement

Council consideration of input

The reserve position for end of financial year 2020 and the effect on the cash and investment position of the internal restrictions is to be discussed at the September Councillor finance briefing. We are recommending that some of the internal restrictions are released as at 30 June and reimbursed from outstanding funding owed to Council for projects and works in 2020 that were not received before 30 June. Council will then consider its reserves into the future when the baseline financial review of years 2016-2019, as resolved by Council, has been completed.

Financial and resource considerations

Below is a summary of the known position of the reserves and cash at bank.

Funding source		Amount
Externally Restricted Funds	$	80,172,603
Internally Restricted Funds		8,839,244
Restricted Funds Total		89,011,847
Unrestricted Funds		(3,492,720)
Total Cash and cash equivalents – 30 June 2020		$85,519,127

This report seeks a decision that considers legal obligations for end of Financial Year reporting, including the amount of restrictions Council has in place and the cash position to support those restrictions.

It has been raised that unrestricted funds cannot be reported as a deficit in the cash and investments statement. Although, it is noted that operationally and in consideration of the balance sheet, this cash position does not deem the organisation insolvent.

This report seeks to acknowledge the amount of restricted reserves and the balance of cash and cash equivalent funds as at 30 June. Also for note, State and Federal Government debtors alone stand at $7.5m of funding owed to Council for grants on projects where the work has been carried out and for disaster works etc under S44 as at 30 June 2020. Of this $3.6m has already been received in the current year.

Council has also not drawn down the loan approved to be applied for in relation to the Merimbula Airport Terminal. When this is drawn the funds raised will also be assigned to reimburse the reserves against which the Terminal works have been applied.

Therefore, it is proposed that the internally restricted funds released at 30 June 2020 (based on the cash and cash equivalent balance) will be reinstated in 2021 from the funding received via outstanding State and Federal government debtors and loan funds.

Council has also indicated a clear policy position of holding $1.5m in unrestricted funds. This should also be re-established at that time.

Legal /Policy

Local Government Act 1993 No 30, Chapter 13, Part 3, Division 1, Funds provides the legislative context regarding funds management and the use of reserves.

This report is formalises the expenditure of reserves. This recommendation is in accordance with the NSW Local Government Accounting Code which states:

Internal restrictions shall include those assets, the uses of which are only restricted by a resolution of the elected council. These assets are disclosed with details of the nature of the internal restrictions.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP: 6.12: Our Council is financially sustainable and services and facilities meet community need

DP: 6.12.5: Improve the provision of corporate financial services

OP: 6.12.5.2 Prioritise actions of Finance Improvement Plan and deliver agreed milestones

Environmental / Sustainability

There are no negative environmental sustainability impacts associated with the recommendations of this report. Environmental projects are identified and funded in the Delivery Program and Annual Operational Plan.

Economic

Council as a major contributor to the local economy needs to demonstrate responsible financial management which is done through our financial strategy and long term financial plan.

Risk

The recommendations of this report allow Council to refer the financial statements for audit. There is a risk that should Council not change its position regarding reserve management, our financial statements are likely to be qualified. This risk can be mitigated by releasing funds where the reason for the restriction has passed or there is an alternative way of funding the project in the future.

Social / Cultural

Projects planned for the community are considered annually through the IPR cycle and important social and cultural projects are identified and funded each year through that process. Asset management plans inform budget allocation across 10 year programs documented in the resourcing strategy, which is adopted for each term of Council.

Attachments

Nil

Council 7 October 2020

Item 13.2

13.2. Carry Forwards and Revotes

Council is required to consider the revotes requests from FY2020 budget to the FY2021 budget. This report also advises of budgets to be carried forward.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Receive and note the FY2020 carry forward projects and;

2. Resolves revotes from the FY2020 financial year budget allocation for projects not commenced as documented in the report allocating the corresponding budget to FY2021.

Executive Summary

This report formalises the request for carry forwards and revotes from the 2020 budget to the 2021 budget before the final sign off on the 2020 financial statements. The recommendation is based on projects that are works in progress, commenced works or priority projects that were not started in FY2020. The recommendation is particularly based on those that are funded by external grants.

Background

Every year Council will have a range of programs that are not completed for a variety of reasons. At the end of a financial year Council considers the revotes and carry forwards of budget from the year ending, bringing the budget allocation into the current year.

The period from 1 January 2020 to 30 June 2020 saw Council operating in a very changed environment. The majority of projects planned by Council have been delivered however, some have been delayed and this report outlines the need to carry forward allocations against those delayed projects.

Funding was delivered to Council due to bushfire and other activities in the year that was not formally included in the operational plan and budget adopted in June 2019. Some of the allocations for projects were received due to the bushfire and COVID recovery and some of this funding was allocated late in the financial year. This has resulted in some projects planned for FY2020 to be reconsidered as a carry forward or revote project in to 2021 Financial Year.

· A carry forward is where any eligible programs or projects have commenced and are a work in progress at the end of the financial year. This does not require a revote and budgeted funds will not lapse. Expenditure can continue until any decision is made to cease the program or project.

· A revote is when an eligible program or project has not commenced by the end of the financial year. This means the budget allocation has lapsed. Council is required to decide whether the revote of the budget is approved.

A table of the carry forwards, revotes and the funding source (external grant, revenue, other) is attached. A number of the items relate directly to funding received in 2020 that is required to be allocated over two or more years.

The clear priority objective is to prepare plans and budgets and deliver the works included in them. In the current climate of extensive funding to local government from the State and Federal Government occurring outside of a “neat” budget cycle where grants are applied for and accepted within a financial year. The Quarterly Budget Review Statements include these movements throughout the year.

In the 2020 year, significant impacts from operating in a bushfire response, recovery and rebuilding phase and the additional impacts of COVID has seen some reprioritising of Council activities and delay in some project delivery.

When adopted the carry forwards and revotes will be available for staff to complete the works.

Options

1. That Council resolve on the recommended revotes and carry forwards.

2. Council amend the attached list of carry forwards and revotes.

Community Engagement

Council consideration of input

A short discussion on the carry forwards and revotes will be held with Councillors on 30 September 2020.

Financial and resource considerations

The recommendations for carry forwards and revotes below have been closely considered and are able to be achieved in the 2021 year. These projects may allow items budgeted for in the 2021 year to be delayed or staged and the report to Council on the planned review of the current budget will include consideration of these items.

Carry Forwards

Project	Carry Forward	Funding Source Revenue Grants Other			Reserve/Detail
BANDARA CHILDCARE
Long Day Care Professional Development	$11,707			$11,707	Unexpended grant res
Quality Learning Environments Program	$6,381	$0		$6,381	Unexpended grant res
Start Strong Pathways	$28,006	$0		$28,006	Unexpended grant res
REGIONAL GALLERY
Regional Arts Grant	$17,024			$17,024	Unexpended grant res
Create NSW Grant COVID Digitise Initiative	$8,200			$8,200	Unexpended grant res
Aldi public art contrib	$55,000			$55,000	Public Art Reserve

BRIDGES ON SEALED RURAL ROADS - REGIONAL
Bermagui South lagoon	$54,363	$54,363
Tathra Bermagui Road- Bermagui River-Cathodic Protection	$142,000	$142,000
Wapengo Bridge Approach	$6,909	$0		$6,909	Unexpended grant res
BRIGHTER FUTURES
Brighter Futures	$68,788	$0		$68,788	Unexpended grant res
COMMONWEALTH HOME SUPPORT PROGRAM
Commonwealth Home Support Program	$75,795	$0		$75,795	Unexpended grant res
COMMUNICATIONS AND EVENTS
Comms Waste	$9,401	$0		$9,401	Unexpended grant res
COMMUNITY ENGAGEMENT
Social Planning Eden Futures	$39,683	$0		$39,683	Unexpended grant res
PCYC	$2,892			$2,892	Unexpended grant res
COMMUNITY HALLS
SCCF Round 2 - Candelo hall kitchen upgrades	$23,825		$23,825
Cool places for a warmer climate (Bemboka Hall)	$46,315	$12,351	$7,334	$26,630	Unexpended grant res
Cool places for a warmer climate (Quaama Hall)	$50,000	$13,333	$7,334	$29,333	Unexpended grant res
Cool places for a warmer climate (Wyndham Hall)	$50,000	$13,333	$7,333	$29,334	Unexpended grant res
CEP COORDINATION
Field Based Tablets & Comms	$50,000	$50,000			Preparation works well advanced
CYCLEWAYS NOT ON ROAD RESERVE
Tathra To Kalaru	$47,160			$47,160	Unexpended grant res
Merimbula CBD TO wharf	$174,261	$0		$174,261	Unexpended grant res
ECONOMIC DEVELOPMENT
Bega Funding for Future Towns Program	$2,614	$0		$2,614
Bushfire economic recovery and coordination	$5,000			$5,000	Unexpended grant res
EDEN CHILDCARE
Quality learning Grant	$6,614			$6,614	Unexpended grant res
Community Grant Hub	$38,722			$38,722	Unexpended grant res
Eden Bush Tucker Garden	$172			$172	Unexpended grant res
Eden Early Learning Centre Cultural Program	$6,430			$6,430	Unexpended grant res
PDSP - UDL	$10,910			$10,910	Unexpended grant res
EMPLOYEE SERVICES
Training Costs	$2,514	$0		$2,514	Unexpended grant res
Training costs-Apprentice	$3,152	$0		$3,152	Unexpended grant res
ENFORCEMENT REGULATIONS
Regional Illegal Dumping	$126,610	$0		$126,610	Unexpended grant res
ENVIRONMENT AND SUSTAINABILITY
NCCARF- Coastal Risk Tool	$10,563	$0		$10,563	Unexpended grant res
CMP - Coastal Hazards	$43,585	$2,148	$24,800	$16,637	Unexpended grant res
CMP - Bermagui River	$34,909	$8,889	$9,505	$16,515	Unexpended grant res
CMP Curalo, M'Bula/Back, Wallaga Lakes	$51,045	$5,454	$26,340	$19,251	Unexpended grant res
Merimbula Lake Foreshore Connections	$15,623	$0		$15,623	Unexpended grant res
Green Shoots - Tathra Community Bushfire Recovery	$30,402			$30,402	Unexpended grant res
Dune Enhancement	$18,180	$9,090	$9,090		Grant Funded Project
Pambula Lake Assessment	$24,979	$9,084	$15,895		Grant Funded Project
Pambula/Yowaka flood study	$74,631	-$15,572	$90,202		Grant Funded Project
Crown Lands PoM	$68,523			$68,523	Unexpended grant res
GENERAL MANAGER'S OFFICE
Support for Bushfire affected communities	$651,721	$0		$651,721	Unexpended grant res
INDIGENOUS ADVANCEMENT STRATEGY
Indigenous Advancement Strategy	$89,502			$89,502	Unexpended grant res
LIBRARY SERVICES
Tura Library Design Works	$30,000			$30,000	Building SRV
Project - Local Priority	$23,627			$23,627	Unexpended grant res
Tech Savy Seniors	$11,609			$11,609	Unexpended grant res
e Bermagui Makerspace			-$192,800	$192,800	Income incl in FY21 received FY20
Seniors festival grant	$3,900			$3,900	Unexpended grant res
MERIMBULA AIRPORT
Merimbula Airport Runway Extension	$119,582			$119,582	Unexpended grant res
Airport Master Plan	$7,800	$7,800
Merimbula Airport General Aviation Precinct	$685,858			$685,858	Unexpended grant res
Merimbula Airport General Aviation Precinct	-$220,000		-$220,000		Income incl in FY21 received FY20
BIOSECURITY
NSW SEWAP Weeds Grant	$15,600	$0		$15,600	Unexpended grant res
NSW SEWAP Weeds Variation Fire Recovery	$72,819	$0		$72,819	Unexpended grant res
PARKS AND GARDENS
Urban Interface - Revegetation and Bush Regeneration	$13,209	$0		$13,209	Unexpended grant res
Pambula Beach Community Inclusion	$28,106	$0		$28,106	Unexpended grant res
Quaama Memorial playground	$20,925			$20,925	Unexpended grant res
Rural Village Playground Upgrades	$53,814	$0		$53,814	Unexpended grant res
Short Point Coastal Accessibility	$51,649			$51,649	Unexpended grant res
Pambula Beach Coastal Accessibility	$37,278	$11,709		$25,569	Unexpended grant res
RESTART Bruce Steer Pool Coastal Accessibility	$34,597	$6,227		$28,370	Unexpended grant res
Tura Head Coastal Reserves Walking tracks & Beach access	$44,516	$0		$44,516	Unexpended grant res
Bermagui All Inclusive Play space	$84,956	$9,345		$75,611	Unexpended grant res
PLANNING SERVICES
Aboriginal Heritage Study	$13,077			$13,077	Unexpended grant res
PROPERTY SERVICES
Tura Beach Managers Residence	$3,297	$3,297
PUBLIC AMENITIES
Tathra Taylor Square Public Amenities	$39,946	$0		$39,946	Unexpended grant res
Tathra Wharf Public Amenities Upgrade	$40,000	$40,000
RISK MANAGEMENT AND INTERNAL CONTROL
Risk Management Prepayment Bushfire Rectification Costs	$500,000			$500,000	Prepaid Insurance to Fund Bushfire damaged assets
ROADS RURAL UNSEALED LOCAL
Hunters Rd [Wapengo]	$78,239	$0		$78,239	Unexpended grant res
Boundary Rd, Bega RMS CoVID-19 Stimulus			-$582,008	$582,008	Income incl in FY21 received FY20
ROADS URBAN SEALED LOCAL
Sapphire Cres Ch0 – 220, Merimbula Drainage	$151,000			$151,000	Stormwater Reserve
ROADS URBAN UNSEALED LOCAL
South River Road marine Estates	$8,341	$0		$8,341	Unexpended grant res
SALEYARD
Bega Saleyard Subdivision	$18,500	$1,000		$17,500	Proposed Land Sale
Drought Communities Programme	$60,293			$60,293	Unexpended grant res
SAPPHIRE MOBILE PRESCHOOL
Quality learning Grant	$6,665			$6,665	Unexpended grant res
SPORTING GROUNDS AND FACILITIES
Upgrades Bega Sporting Complex Master Plan	$5,000			$5,000	Unexpended grant res
Pambula Sporting Complex Master Plan upgrade	$14,654			$14,654	Unexpended grant res
Tathra Lawrence Park -lighting, playground & carparking	$35,284			$35,284	Unexpended grant res
Barclay Street Sportsground	$81,009			$81,009	Unexpended grant res
Valley Fields Sportsgrounds Masterplan Review	$6,200			$6,200	Recreation SV Reserve
Wolumla RecGround Pavilion	$14,219			$14,219	Unexpended grant res
Ford Park Courts Upgrade	$63,803			$63,803	Unexpended grant res
Pambula Sporting Complex Showground Improvements	$136,700			$136,700	Unexpended grant res
WHARVES, JETTIES & BOATRAMPS
Blackfellows Lake Boat Ramp	$7,030	$0		$7,030	Unexpended grant res
WASTE SERVICES
"Waste Donations"	$25,749			$25,749	Waste Reserve
Waste - Strategic Planning	$150,000			$150,000	Waste Reserve
CSIRO & NSW EPA PLA Compost Trial	$36,773			$36,773	Waste Reserve
Waste - Kerbside Collection Expansion	$100,000			$100,000	Waste Reserve
CWF Organics Processing Facility	$70,000			$70,000	Waste Reserve
Waste sites capital works	$210,810			$210,810	Waste Reserve
Bermagui landfill remediation	$157,216			$157,216	Waste Reserve
NEW DIRECTIONS
Recovery and Resilience Community Grants	$7,365			$7,365	Unexpended grant res
BVSC Tathra Together	$58,437			$58,437	Unexpended grant res
PROJECT DEVELOPMENT SERVICES
Staff Accommodation Design & Construction	$98,500			$98,500	Building SRV
ASSETS SERVICES
Merimbula Access Road Extension	$380,000	$380,000
Total Carry Forward budgets	$5,982,060	$763,850	-$773,150	$5,991,360

Revotes

Project	Carryover	Funding Source Revenue Grants Other	Reserve/Detail
COMMUNITY CONNECTIONS AND SUPPORT
Community Connections - Social Planning Papers	$20,000	$20,000
Total Revotes	$20,000	$20,000

Legal /Policy

Council is required to approve expenditure and vote money to cover expenditure under clause 211 of the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP: 6.12: Our Council is financially sustainable and services and facilities meet community need

DP: 6.12.5: Improve the provision of corporate financial services

OP: 6.12.5.2 - Prioritise actions of Finance Improvement Plan and deliver agreed milestones

Environmental / Sustainability

There are some environmental and sustainability impacts associated with the grant funded projects that are included in the recommendations of this report.

Economic

There are no negative economic impacts associated with the grant funded programs that are included in the recommendations of this report.

Risk

The recommendations of this report allow Council to manage budget expenditure across the long term financial plan period. The corresponding impact may be the delivery of planned programs and projects documented in the FY2021 Operational Plan.

Social / Cultural

There will be positive social benefits in Council being able to complete the works allocated budget in 2020 and not finished by the end of Financial Year. Additional impacts will be on the FY2021 planned projects that will be delayed whilst the previous year’s works are completed.

Attachments

Nil

Council 7 October 2020

Item 13.3

13.3. Financial Assistance Grants 2020-21 and Disability Factors for Assessment

Council has received advice relating to the 2020-21 Financial Assistance Grants and has been invited to present a special submission on disability measures relating to the 2021-22 grants.

General Manager

Officer’s Recommendation

1. That Council note the letter from the NSW Local Government Grants Commission and the Financial Assistance Grant prepayment amount.

2. That Council support a submission being lodged with the Commission relating to the financial impact of expenditure disabilities relating to the financial disaster recovery impacts on Bega Valley Shire Council not generally recognised in the current methodology.

Executive Summary

The NSW Local Government Grants Commission (Commission) has written to Council outlining the allocation of the 2020-21 Financial Assistance Grant (FAG) and the methodology applied.

The Commission have asked for the letter to be tabled and request any special submissions from Councils for 2021-22 on the financial impacts of inherent expenditure disabilities beyond Council’s control to be submitted by 16 November 2020.

Background

The local government financial assistance grants are general purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995. This legislation also details how the total amount of grant funds is determined and how the funds are to be distributed between the States (including the ACT and the NT).

The two components of the grants are distributed on the basis of national principles under the provisions between the Commonwealth Act and NSW, which have been developed in consultation with local government. The general purpose component of the grants attempts to assess the extent of relative disadvantage between councils. The approach taken by the Commission considers the extent of cost disadvantage in the provision of services on the one hand (expenditure allowances) and an assessment of the relative capacity of councils to raise revenue on the other (revenue allowances). The national principles require that the method used to assess the grants should exclude, as far as practicable, councils' policies and practices (the effort neutral principle).

Council has received its formal advice from the Commission and the letter is attached to this report as requested in the tabled correspondence.

The Commission advise that the Commonwealth Treasury’s estimate of the Consumer Price Index (CPI) for 2020-21 has been revised down substantially since the 2019-20 mid-year end of financial year update. The total national FAGs for 2020-21 increased by 1.1%, when compared to the 2019-20 final amount. This is the lowest percentage increase since the paused indexation period of 2014-15 to 2016-17.

The Commonwealth Government has advised that this CPI revision is due to the economic impact of bushfires and the COVID-19 pandemic. Accordingly, while the State’s FAGs allocation for 2020-21 is slightly higher than last year, it is lower than expected due to them being prepared on early estimates of CPI.

Another challenge the Commission faced is the substantially reduced CPI estimate. NSW received an increase of 0.9%, or $5.1 million, on last year’s final general purpose component figure. This is substantially lower than the 4%, or $21.3 million, increase NSW received in 2019-20. As a direct result of the lower than expected CPI estimate, the Commission has, this year, reduced the amount to be quarantined for application by the relative disability allowance from $5 million to $4.5 million. This ensures that funds are still able to be directed to those councils with a greater relative need whilst not placing additional uncertainty on the sector during this difficult time by implementing of the 0% floor to the general purpose grant.

In addition to these calculations, the Commonwealth Government decided to retain the practice of forward payments of approximately half of the financial assistance grants, based on the 2019-20 estimates for payment. The Commonwealth Government decided to make this year’s early payment to alleviate the cashflow challenges faced by local government across Australia, allowing councils early access to the funds to help manage the cumulative impacts of drought, bushfires and the COVID-19 crisis.

Councils received approximately 52% of their estimated 2020-21 FAGs on 26 May 2020 ($3,786,716). The remainder of the grant entitlements will be paid in quarterly instalments in August 2020, November 2020, February 2021 and May 2021.

Bega Valley Shire Council thanks the Commonwealth Government for this recognition of the unusual and challenging times currently faced by community, businesses and governments. Council has recognised the FAG prepayment as income to cover a portion of the $7.5m government debtors as at 30 June 2020. These debts cover grant funding and reimbursements across a range of areas invoiced to the State and Commonwealth government for works carried out and paid for by Council in the 2020 year. These have all been invoiced in the 2020 year and this amount was at not received at 30 June. The total amount of the grant will be reimbursed to the income from the debtors in the first quarter of the 2021 financial year.

The Commission has advised that Councils should be mindful that, given the current economic environment, there is a real possibility that there will be an extended period of a reduced CPI going forward. Should that occur, the Commission will likely need to restore the negative floor to ensure the integrity of the FAGs allocation system is maintained. Such a decision will result in some councils receiving less in 2021-22 than they will in 2020-21.

Special submissions from councils for 2021-22 will be considered by the Commission.

The purpose of a submission is to give councils the opportunity to present information on the financial impact of inherent expenditure disabilities beyond councils’ control that are not generally recognised in the current methodology.

Clearly Bega Valley Shire has been significantly impacted by disasters and recovery from disaster for Council and the community requiring support in rebuilding has a deep and ongoing financial impact on expenditure disabilities beyond Council’s control.

Current disability factors applied to the Bega Valley Shire’s calculation are in the category of:

· Recreation and cultural

· Administration and governance

· Education and community

· Roads, bridges, footpaths and aerodromes

· Public order, safety, health and other

· Housing amenity

· Isolation

· Pensioner rebate

· Revenue

· Relative disadvantage

Bega Valley Shire Council has previously endeavoured to have tourism included as a disability factor due to the need to provide assets in excess of local population needs. This has not been accepted or included.

Submissions are due to be made by 16 November and a format for providing the submission has been provided by the Commission’s secretariat.

Options

1. That Council support the presentation of a submission to the Commission for inclusion of recovery from major disaster as a disability factor.

2. That Council does not make a submission.

Community Engagement

Council consideration of input

A short discussion on the framework of a proposed submission will be held with Councillors on 30 September 2020.

Financial and resource considerations

Council’s 2020-21 FAGs estimated entitlement, compared to the 2019-20 final entitlement is as follows:

Year	General Purpose $	Local Roads $	Total $
2019-20 final	$5,223,339.80	$1,975,935.00	$7,199,724.80	Change
2020-21 estimate	$5,287,584.00	$2,002,034.00	$7,289,618.00	+ 1.25%

Council has received a pre-payment of $3.786m which is held as an internal restriction. Allocation against the FAGs are made in the current, adopted 2020-21 budget.

Legal /Policy

The NSW Local Government Grants Commission is established under the under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995. This legislation also details how the total amount of grant funds is determined and how the funds are to be distributed between the States (including the ACT and the NT). In NSW the Commission is tasked with making recommendations to the Minister for Local Government

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

6: Strong, Consultative Leadership

6.12: Our Council is financially sustainable and services and facilities meet community need

6.12.5: Improve the provision of corporate financial services

Environmental / Sustainability

Nil from this report.

Economic

Nil from this report.

Risk

The financial impact of the potential lowering of the FAG allocation due to outside factors needs to be carefully monitored as it will have impact on Councils financial performances. The indexation freeze covering 2015, 2016 and 2017 had a significant cumulative impact on Councils’ income.

Social / Cultural

The reduction of Financial Assistance Grants reduces the amount of funding that we can allocate to identified projects. Operational budgets will be adjusted dependent on the outcome of this submission.

Attachments

1 ⇩. Financial Assistance Grants Payments 2020-2021 - Letter

2 ⇩. Financial Assistance Grants - Advice to Councils - Appendix A - Bega Valley

3 ⇩. Financial Assistance Grants - Advice to Councils - Appendix B - SOP

4 ⇩. Financial Assistance Grants - Advice to Councils - Appendix C - Guidelines for Special Submission

5 ⇩. Financial Assistance Grants - Advice to Councils - Appendix D - Framework

Council 7 October 2020

Item 13.4

13.4. Refer Financial Statements for Audit

Each year under the Local Government Act 1993 the annual financial statements are required to be referred by Council to the auditors.

Director Business & Governance

Officer’s Recommendation

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

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

b) The Australian Accounting Standards and professional pronouncements; and

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

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

e) Council’s accounting and other records.

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

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

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

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

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

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

f) Council’s accounting and other records.

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

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

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

Executive Summary

Council is required to refer its statements to audit. This is not an approval of the 2020 financial reports. Financial reports are prepared for, and audited by, independent entities. The Council does not approve the annual Financial Reports. This report is solely to meet the requirements under the Act and to meet directions issued by the Office of Local Government.

Background

In accordance with Section 413 of the Local Government Act 1993 (the Act) Council must “refer to audit” the Financial Reports for the financial year ending 30 June 2020.

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

Council’s audit of Financial Reports for the financial year ending 30 June 2020 will formally commence on 25 September 2020. Preliminary work has already commenced and representatives of the Audit firm, Deloittes (appointed by the NSW Audit Office) and the NSW Audit Office met with the Audit Risk and Improvement Committee (ARIC) on 22 September 2020.

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

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

Options

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

Community Engagement

Consultation Planned

A formal presentation of the audited financial statements will be made as an open report to the public session in November 2020.

Council consideration of input

After Council has finalised its audited financial statements, Councillors will be provided with a workshop on the final results in detail. There will also be a public address from both the External auditors and the NSW Audit Office in November 2020.

Financial and resource considerations

The financial reports represent a summary of the financial result of Council operations for 2019/2020.

The recommendations in this report does not represent the Council's approval of the 2020 financial reports.

Financial reports are prepared for, and audited by, independent entities.

Funding source		Amount
General Fund Budget \| Audit Services Financial Reports	$	76,500
Budget adjustment	$	1,400
Total Budget required	$	77,900

The Annual Audit Engagement Plan received on 12 June 2020 documents the following fees:

Legal /Policy

In accordance with Section 413 of the Local Government Act 1993 (the Act) Council must “refer to audit” the Financial Reports for the financial year ending 30 June 2020.

On 17 April 2020, the Office of Local Government issued Circular 20-12 Modification of statutory requirements in response to the COVID-19 pandemic which included the following:

· Councils have been provided with a one-month extension:to adopt their 2020-21 Operational Plan (including Revenue Policy, Statement of Fees and Charges and annual budget) before 31 July 2020;

· to submit audited financial reports by 30 November 2020; and

· for the preparation and publishing of annual reports by 31 December 2020.

The finance team have been working with the Auditors to continue with a plan that does not require this extension, however it is noted as an option for Council if required.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP - 6: Strong, Consultative Leadership

DP - 6.11: We are an informed and engaged community with a transparent, consultative and responsive Council

OP - 6.12.5: Improve the provision of corporate financial services

Environmental / Sustainability

The audited financial results at 30 June 2020 will provide information needed to determine Councils financial sustainability by using the results to calculate the financial sustainability ratios. The benchmarks being defined in the “OLG’s performance indicators from the audited financial statement”

Economic

Council is a major contributor to the local and regional economy. Assessment of financial performance is a key input of decision making, with the goal to ensuring a financially responsible and effective organisation. As well, an opportunity to assess actual performance against strategic plans, highlighting any challenges and unexpected events that may impact the final results.

Risk

There is a risk of not presenting the financial statements in line with the Local Government Act. This has impacted Council previously and part of the financial improvement plan is to ensure this does not occur. The NSW Government have extended the dates for lodging the annual report and audited financial statements in 2020, due to disasters, however Council has aimed to achieve the legislated timelines.

Social / Cultural

Reporting of financial performance in a timely manner that meets legislative requirements, builds confidence in the management and leadership of the Council. Benchmarking against similar Councils (Category 4) allows for context in the local government environment.

Financial decisions impact the social and cultural aspects of Council’s operations in the community. The Financial Statements provide an annual summary of the impact of those decisions at a point in time; that being, the end of financial year (30 June 2020) and inform future direction.

Attachments

Nil

Council	7 October 2020
*Item 8.1 - Attachment 1*	Commercial Land Use Planning Proposal

Council	7 October 2020
*Item 8.2 - Attachment 1*	Secondary Dwellings and Dual Occupancies in Rural Zones Planning Proposal

Council	7 October 2020
*Item 8.3 - Attachment 1*	Draft Wonboyn Entrance Management Policy

Council	7 October 2020
*Item 11.1 - Attachment 1*	Native Title Manager FAQ

Council	7 October 2020
*Item 11.1 - Attachment 2*	Native Title Manager Qualification - Rickee Marshall

Council	7 October 2020
*Item 11.1 - Attachment 3*	Native Title Manager Qualification - Rob Quick

Council	7 October 2020
*Item 11.1 - Attachment 4*	Native Title Manager Qualification - Matthew Collins

Council	7 October 2020
*Item 11.5 - Attachment 1*	Tathra Wharf to Waves 16 and 17 January 2021

Council	7 October 2020
*Item 11.6 - Attachment 1*	Caddey Searl and Jarman Plan showing area of lot 83 DP 739561 to be acquired by lot 514 DP 1071464

Council	7 October 2020
*Item 12.1 - Attachment 1*	Gift Register 1 September 2019 to 31 August 2020

Council	7 October 2020
*Item 12.2 - Attachment 1*	LGNSW Annual Conference 2020 - Draft Program

Council	7 October 2020
*Item 12.2 - Attachment 2*	LGNSW Annual Conference 2020 - Motion Submissions Guide

Council	7 October 2020
*Item 13.3 - Attachment 1*	Financial Assistance Grants Payments 2020-2021 - Letter

Council	7 October 2020
*Item 13.3 - Attachment 2*	Financial Assistance Grants - Advice to Councils - Appendix A - Bega Valley

Council	7 October 2020
*Item 13.3 - Attachment 3*	Financial Assistance Grants - Advice to Councils - Appendix B - SOP

Council	7 October 2020
*Item 13.3 - Attachment 4*	Financial Assistance Grants - Advice to Councils - Appendix C - Guidelines for Special Submission

Council	7 October 2020
*Item 13.3 - Attachment 5*	Financial Assistance Grants - Advice to Councils - Appendix D - Framework

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

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

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Planning and Environment

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Confidential Business

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

Statement of Re-Commencement of Live Streaming

19 Noting of Resolutions from Closed Session

20 Declassification of reports considered previously in Closed Session

Council

7 October 2020

Staff Reports –Planning And Environment

7 October 2020

8.1. Endorsement of Commercial Land Use Planning Proposal

Officer’s Recommendation

Attachments

Council

7 October 2020

Staff Reports – Community, Culture and Leisure

7 October 2020

Council

7 October 2020

Staff Reports – Infrastructure Waste And Water

7 October 2020

Council

7 October 2020

Staff Reports – Governance And Strategy

7 October 2020

Staff Reports – Finance

7 October 2020

Confidential Business

Adjournment Into Closed Session

Recommendation