Agenda of Council - 17 February 2021

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 17 February 2021

Item 11.1

11.1. Waste Facility Consolidation and Modernisation Project - Update

This report provides an update on the Waste Facility Consolidation and Modernisation Project and includes recommended actions to deliver on the objectives of Councils adopted Waste Strategy.

Director Assets and Operations

Officer’s Recommendation

That Council endorse:

1. Immediately increasing opening hours at Bermagui, keeping Cobargo closed, removing the temporary skip bins in place at Cobargo.

2. Commencing preparation of a Development Application to expand the landfill capacity at Central Waste Facility.

3. Expanding the kerbside bin collection service to rural properties.

4. Developing the Bermagui and Eden waste transfer stations to provide more opportunities for greater waste diversion.

5. Construction of a new waste resource recovery precinct at the Central Waste Facility including organics processing to be included as part of the Central Waste Facility expansion.

6. Establishing a transitional closure plan for Candelo and Wallagoot waste transfer stations.

7. Further investigating the most suitable location for a central waste transfer station at either the existing Merimbula site or a new site at the Central Waste Facility.

Executive Summary

In reviewing the suitability of Council’s waste services and facility network to meet waste diversion targets and balance with community service expectations, a report is presented for Council’s consideration. The report follows on from that previous presented to Council on 26 August 2020 and aims to provide options regarding consolidation and modernisation of waste facilities in the shire as well as changing service offerings to minimise any potential negative impacts to customers through proposed changes.

Background

Council currently maintain seven waste transfer stations, and two landfill sites within the shire. Of these sites, the Cobargo waste transfer station is currently closed to the public due to being impacted by the 2020 bushfires. Council’s principal landfill is the central waste facility (CWF), located at Wolumla. The 200-hectare CWF site has six approved landfill cells (excluding those constructed for disaster recovery), with three of those cells already full. Higher than previously predicted waste generation and lower recycling rates are contributing to faster than expected filling of this site overall. As such, its limited useful asset life is now the major driver in improving diversion of waste from landfill as well as well as planning for the future of the CWF site.

A report was presented to Council on 26 August 2020 which provided options for consolidating and modernising waste facilities in the shire. The aim of this overhaul is to provide more opportunities for waste diversion and resource recovery. Additionally, the report also proposed the expansion of Council’s kerbside bin collection service, which will grow to include residents on rural properties. The expansion will see an additional 1100 waste collection services rolled out across the shire and introduces recycling bins to households that have previously not had a recycling service. Much of the preparation work has been completed for the rollout, including collection contract arrangements and communication plans, and there is significant interest from eligible residents in receiving the bin collection service expansion, with the rollout able to commence from March 2021 pending Council endorsement.

At the August meeting, there were three options presented to Council for considerations:

Option 1 - That Council:

· Do not close any waste transfer stations; and

· Proceed to reinstate Cobargo waste transfer station.

Option 2 - That Council:

· Immediately increase opening hours at Bermagui transfer station, keeping Cobargo closed;

· Expand the kerbside bin collection service to rural properties;

· Further develop Bermagui and Eden waste transfer stations to encourage greater waste diversion;

· Report back to Council on consolidation of waste transfer stations.

Option 3 - That Council (in order of delivery):

· Immediately increase opening hours at Bermagui, keeping Cobargo closed and;

· Expand the kerbside bin collection service to rural properties;

· Further develop Bermagui and Eden waste transfer stations to encourage greater waste diversion;

· Close Candelo waste transfer station;

· Construct a new waste transfer station/resource recovery precinct at the Central Waste Facility;

· Close Wallagoot, Bemboka and Merimbula waste transfer stations; and

· Prepare a Development Application to expand the Central Waste Facility.

The recommendation put forward was option three. However, and in response to community feedback and overall significance of the proposal, Council instead resolved as follows:

· That Council recognise the need for significant change within waste services to ensure waste can be adequately managed in the future within the Bega Valley;

· That Council reopen the Bemboka Waste transfer station to be serviced at the same level as prior to closure noting the relatively low operating cost compared to other transfer stations;

· That before endorsing the recommendations of staff a community information program be undertaken to explain in further detail why the proposed changes are being recommended;

· That it be noted that not progressing with the staff recommendations has short term financial implications; and

· That long-term financial models outlining assumptions for different scenarios be prepared to be presented back to Council.

In response to Council’s resolution, the Bemboka Waste Transfer station has been repaired and reinstated, with the site now returned to pre-fire operational hours as of September 2020. Staff have also held a number of community information sessions throughout the shire, with 73 residents attending (refer to the Community and Stakeholder Engagement section of this report). Long-term financial modelling has also been undertaken, with outcomes across four models of waste management being considered. Further information on the modelling is detailed in the Financial section of this report and includes costings of the proposed bin collection expansion to rural properties.

Proposed Direction

In addition to the expansion of kerbside bin collection services, the recommendation put forward, which is based on a waste diversion model, also proposes an overhaul of existing waste transfer stations. Some sites, such as that located at Wallagoot, have aging infrastructure that has reached end of life, and therefore requires renewal. Other sites would benefit from further investment in infrastructure and resources to allow greater diversion and sorting of waste materials into saleable commodities. The Eden and Bermagui sites and a central site are those recommended for infrastructure upgrades, given their size, age, location in the shire, and approved licence capacities. Once developed, it is intended that these sites would function as public Resource Recovery Centres, open every day with consistent operating hours, and therefore enabling a measured closure of remaining sites at Candelo, Wallagoot, and potentially Merimbula if a new site is developed at the CWF.

Developing sites into Resource Recovery Centres (RRC’s) does have enormous benefits for Council, including reduced environmental risk, greater opportunities for waste reduction, savings in landfill airspace, improvements in waste education and awareness, and potential access to grant funding for infrastructure upgrades. And while our community acknowledge waste management as a serious issue and are supportive of waste reduction initiatives, the recommended changes do identify areas of concern from residents. Specifically, site closures do translate to further travel distances for some residents to access waste disposal services. Furthermore, while Eden and Bermagui are discernible candidates for site upgrades, further development of the CWF site is not looked upon favourably by surrounding landholders. The CWF site is conveniently located just off the Princes Highway, and is an easy commute for residents of Merimbula, Tura Beach, Bega and surrounds. It is also vast in size, is connected to all essential utilities, and operates in compliance with the NSW EPA solid waste landfill guidelines. However, the perceived impacts of the CWF site and its presence in the area are advocated by many members of the surrounding community (as detailed in the Community and Stakeholder Engagement section of this report).

The alternative direction being that Council continue with current waste management practices, that is, by keeping all transfer stations open and sending waste to landfill.

Regardless of the direction taken for the shire’s waste service, Council will require either an expansion of the landfill capacity at the CWF or construction of new equivalent facility elsewhere. It is considered unlikely that development consent would be easily attainable (if at all) for a landfill site elsewhere in the shire, given our Government’s policy on not supporting development of new landfill sites. Additionally, from a financial perspective, Council has already invested close to 10 million dollars in establishing core infrastructure at the existing landfill site.

Expansion of the Organics Processing Facility (OPF), currently located at the Merimbula site, is also required irrespective of any changes to waste transfer stations, given it has reached its approved licenced capacity. There are a variety of options available to enable expansion of the OPF, with the preferred approach being relocation to the CWF. Alternate processing methodologies that better complement Council’s circular economy ambitions (waste to energy, for instance) may be suitable, however Council need to dedicate additional resources to this proposal to further explore its feasibility. Regardless, retaining the OPF at the Merimbula site is influenced by the potential closure of the Merimbula waste transfer station, as both operations can no longer co-exist at the Merimbula site. The Merimbula site is built on top of an old landfill, and its growth is restricted by the site’s topography, and its access off Sapphire Coast Drive. It is also enveloped by National Park, Local Aboriginal Council-owned land, and Crown Land, and presents higher degree of environmental risk to Council. Therefore, the future of the Organics Processing Facility is dependent on the outcomes of Council’s strategic direction for waste sites.

Furthermore, and irrespective of the strategic direction taken, there remains an obligation to remediate Council’s extensive list of old and now disused landfills, located in numerous locations throughout the shire. These remediation works are expected to come at significant expense and will be prioritised in order of their individual level of risk posed to the environment, and as funds and opportunities become available.

Programs and waste facility upgrades designed to divert construction and demolition waste from landfill are proposed as part of consolidating and improving transfer stations.

Community and Stakeholder Engagement

Engagement undertaken

Council’s Waste Policy Recycling our Future, adopted in 2018, sets the high-level direction that influences the recommendations in this report. The strategy was developed with the assistance of a community working group and was publicly exhibited for community input and feedback prior to adoption.

Following Council’s determination on 26 August 2020, staff have held a number of community information sessions at various throughout the shire – 11 sessions in total – during September and October of 2020. Sessions were advertised through radio, print, social media and online, and overall attendance was reasonable, given restrictions around Covid-19. In total, staff recorded 73 attendees, with a greater level of attendance from residents of Bemboka, Candelo, Cobargo and Merimbula. The sessions focused on the actions underlying Option 3, and feedback from the sessions was positive, with questions from residents on the following:

· proposed expansion of the kerbside and bin bank service to rural households, including use and locations of bin banks;

· challenges transporting larger, bulky items for disposal as a result of site closures; and

· the value of annual charges for the kerbside and bin bank service.

After attending an information session, residents demonstrated a far greater appreciation of the circumstances surrounding waste services in the shire, and most were more supportive of the need to invest and develop resource recovery infrastructure, as modelled to Councillors through the “three sites, done better” initiative.

Although most attendees left an information session feeling happy with the information they received, it needs to be noted that there continues to be genuine concern from some residents surrounding the CWF, about the proposed future use and development of the site. Some attendees of the Bega, Candelo and CWF community information sessions spoke of their concerns about noise and increases in traffic movements to and from the site (especially if the site is to be developed further), and asked about Council’s appetite to introduce permanent speed restrictions on Wanatta Lane, a fixed speed camera, and road widening.

In response to growing concerns around the CWF site and its potential expansion, a further meeting was held on 20 January 2020 between Council staff, Councillors and neighbouring residents to the CWF site. Approximately 38 residents attended, and similar concerns were again raised about noise and potential for increased traffic along Wanatta Lane, but also rural aesthetics, private land valuations, environmental monitoring and site operations.

Residents also had an opportunity to provide feedback through the “Have your say” page on Council’s website. A total of 32 respondents provided their feedback on questions covering four mains themes: How Council, residents and organisations can work together; how the community envisage a resource recovery precinct at Bega; changing the way people think about waste; and suggestions on steps to resource recovery. Responses referred to a desire for more waste sorting and recycling, and increased waste education, but also a lack of support for closing smaller sites, such a Bemboka, and the questionable benefit of having less sites.

Staff also monitored public feedback on the project delivered through social media. Through the Bega Valley Shire Council and Waste and Recycling Facebook pages, a majority of respondents expressed support for the project, as well as a suite of additional recommendations for improving waste services in the shire, including greater recycling. As expected, concerns were raised about proposed closure of sites, including Bemboka. Following the media release about the Waste Facility Consolidation and Modernisation Project, a ‘Save our transfer stations’ Facebook page was created, with more than 70 followers. After attending one of the information sessions in Bemboka, the Facebook page author demonstrated a significant shift in opinion, and relayed back through the page on how their (attendees) questions were well answered by Council staff, and that the possible closures of sites has been thoroughly researched.

A synopsis of the feedback received is included as an attachment to this report.

Engagement planned

Regardless of Council’s preferred direction, messaging around waste and recycling initiatives in the shire will continue to be delivered through social media, the Bega Valley Shire Council website and Council’s Waste App. Radio and print media will also be utilised. A draft communications and engagement plan has been developed which will include more direct engagement with communities effected most by changes between service mix to explore how impacts can be best minimised.

If supported, development of the CWF requires a separate communications plan to ensure those impacted have been consulted to understand issues of concern and attempt to mitigate them during the planning phase.

Financial and Resource Considerations

Building and operating landfills is now a highly regulated and expensive task. Council have spent over $10 million on constructing and capping landfill cells at the Central Waste Facility since operations first commenced in 2013. The current (approved) landfill is filling much faster than originally anticipated, and the recommended actions involve investment in Council’s main waste sites and infrastructure to therefore enable waste to be diverted away from landfill.

To support the recommendation, a comprehensive financial analysis has been undertaken by Council staff, with projections explored across four different models:

- Business as usual, with new landfill site – involves continuing with current waste management practices, not closing any existing waste transfer station sites, and developing a new landfill site, to replace the CWF once it reaches its current approved landfill capacity.

- Business as usual, and expand CWF landfill capacity – involves continuing with current waste management practices, not closing any waste transfer station sites, and expanding the landfill capacity at the CWF from what is currently approved.

- Waste Diversion Model – informed by the actions recommended under option three of this report, and involves a transitional consolidation of some sites, and development of Bermagui, Eden and the CWF sites (or Merimbula) to further enable waste diversion; in addition to expansion of the kerbside bin collection service to rural properties.

- Waste Diversion Model (funded) – informed by the actions recommended under option three of this report, and involves a transitional consolidation of some sites, and award of grant funding to further development of Bermagui, Eden and the CWF (or Merimbula) sites to enable waste diversion; in addition to expansion of the kerbside bin collection service to rural properties.

Models take into consideration all variables which impact transfer stations and the CWF landfill over a 30-year period, including the value and depreciation of sites and assets over 30 years; projected changes in gate income as a result of waste diversion from landfill; remediation of closed sites; and priority of project delivery, based on cost and exposure to risk.

Importantly, it should be noted that the following assumptions are applied consistently across all four models:

- All models starting with a zero-reserve balance at year one;

- CPI is applied across the whole of each model, at 3%;

- All models require borrowings (to varying degrees) to cover capital investments;

- There is an assumed 3% average interest charge applied for loan repayments across models, where repayments are required;

- All models have a 5% increase in waste charges in year 2021-2022 (in addition to CPI);

- Models do not include potential income from sale of recyclable materials, due to the volatility in markets prices; and

- Council’s kerbside bin collection contract expenses are indexed at CPI.

The results of the financial modelling were explored with Councillors during a workshop on 3 February 2021.

It is important to note that the below is only a model and actual financing decisions (including holding of reserves relative to outstanding loan balances) will be regularly reviewed.

As demonstrated in Table 1 above, the financial modelling indicates that, whichever direction Council decide to take with respect to waste management, the ongoing expenses incurred through operations, maintenance, renewal and upgrade of waste infrastructure is unsustainable in the long term, and borrowings will be required to fund capital expenses at varying degrees.

The business as usual model requires less borrowings for capital expenses and results in a greater reserve balance after 30 years, however it does not enable opportunities for waste diversion, and is inconsistent with community ambitions and state and federal waste reduction targets. It also relies heavily on Council gaining consent to continue landfilling, whether it be at the Central Waste Facility, or a new site. It is important to note that as the model is based on a 30 year planning horizon it does not recognise the additional cost associated with building a new landfill earlier under the business as usual model compared to the waste reduction model. This additional significant investment would be required outside the 30 year horizon.

Conversely, the waste reduction model supports the objectives of Council’s Waste Strategy and therefore the community’s ambitions for reducing waste generation. After 30 years, the waste reduction model returns a surplus reserve balance of more than $7 million, and by 2028, sees a lift in Council’s waste diversion targets from less than 30% (current) to more than 70%. The likelihood of attaining grant funding to support capital investment under the waste reduction model is high, given the state and federal government focus on waste diversion, resource recovery and projects that support a circular economy. The funded waste diversion model also involves the award of grant funding to build a waste education and re-creation space, where students and visitors will learn about waste diversion and processing methodologies, whilst enabling Council the opportunity to further promote waste minimisation, resource recovery and recycling.

Legal /Policy

Council operates and controls waste management activities within a framework of Commonwealth, State and Local Government policy and legislation. Waste and recycling depots are regulated by the Protection of the Environment Operations Act 1997 and Council has licenses in place with the NSW Environment Protection Authority that regulate activities.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s Community Strategic Plan (CSP) provides Council’s vision, goals and strategies for the next 10 years. It describes how the community’s priorities and aspirations will be delivered, and is supported by the Resourcing Strategy outlining money, assets, people and time required to deliver the strategy.

The CSP’s “Sustainable Living” outcome area 3, Goal 6 – “In the future, we would like our communities to live more sustainably through improved resource management such as minimising waste disposal and landfill…”.

The CSP clearly reflects the community’s desires, targeting minimisation of waste to landfill and increased reuse, recycling and resource recovery.

Council’s waste strategy is a ten-year guide for delivering improvements in recycling and reducing waste to landfill. The strategy, adopted by Council in 2018, identifies significant opportunities for improving diversion of waste from landfill by encouraging waste avoidance and reduction and by delivering new initiatives to increase recycling and resource recovery. Not only does recycling and resource recovery provide direct and indirect commercial returns, reduction in waste to landfill lowers site operating costs, whilst also adding useful life to landfill assets and, hence reducing net environmental impacts.

An outcome of the strategy is ‘increased local employment’ and the recommendation in this report allows for the greatest opportunity for this to occur.

Environment and Climate Change

Recycling is a well-established national practice, with known positive impacts on the environment through the recovery of resources and a reduction in waste to landfill. As the next step to waste management, the Commonwealth Government has established waste diversion targets, to further strengthen a commitment to a waste-less society. Reuse is now highest on the waste agenda, underpinning a circular economy, and building community resilience through local employment opportunities and value-adding to marketable commodities at a local level. As opposed to landfilling, investing in waste reuse and diversion infrastructure at a local level allows Council to minimise reliance on long-haul waste transport, thereby establishing a lighter footprint and supporting Council’s commitments under the adopted Clean Energy Plan 2019-2030.

Council’s adopted Climate Resilience Strategy 2050 recognises that every decision about the future of the Shire, each new policy approach or new project, should build the resilience of the places and individual communities touched by these decisions. Council’s decision to support a circular economy through waste diversion and reuse, helps to achieve those objectives.

Consolidation of waste transfer stations, as recommended in this report, provides an opportunity to reduce Council’s overall environmental footprint and risk through operations. Concentrating waste management activities to fewer sites means a greater level of control and ease of supervision.

Opportunities to divert waste from landfill through resource recovery prolongs the life of Council’s existing landfill and any associated expansion to landfill capacity at the CWF, thereby recuing the amount of leachate produced and less overall impact on the natural and built environments surrounding the site.

Economic

The 2018 National Waste Policy references that, on average, every 10,000 tonnes of waste material equates to either 2.8 landfilling jobs, or 9.2 recycling jobs. By focusing on resource recovery, Council can contribute towards creating a local circular economy and help drive employment, with long-term economic, social and environmental benefits. This transition will generate jobs, increase the robustness of the local economy, increase the accessibility of goods, maximise the value of resources and reduce waste.

A circular economy involves adding value to our waste resources by getting as much use out of products and materials as possible and reducing the amount of waste we generate. For example, using recycled materials in manufacturing, repairing household goods before buying new ones or repurposing items that are no longer used.

Risk

There is a risk that some members of the community will not be supportive of the recommendations proposed in this report, particularly for those impacted by the development of the CWF and those that currently access transfer stations intended for closure. However, the risk of not introducing large scale changes to Council’s current waste operations is a far greater risk, knowing that the result will be a continued increase in waste disposal to landfill. Failure to endorse the recommendations in this report, and therefore maintaining the current trajectory of landfilling, has the following impacts:

· waste diversion targets will not be met;

· current approved capacity of existing landfill at CWF being reached much earlier than forecast, in addition to any future landfills;

· increased risk that the community may run out of landfill options, with either no landfill or potential major costs increases to fund a new landfill;

· increased risk that greater than necessary environmental impacts may result, for example increased land disturbance for landfilling, greater leachate and greenhouse gas production.

Social / Cultural

Existing waste transfer stations will be transformed Resource Recovery Centres will replace, and will act as community spaces, which support collaboration, education and opportunity. These spaces may be used for men’s sheds, school groups, skills training and sustainability workshops – opportunities to bring communities together.

Supporting the circular economy creates opportunity for local community groups to work together towards a shared vision. Local indigenous groups could be supported via partnerships, bringing and sharing skills, whilst working together.

Attachments

1 ⇩. Waste Facility Consolidation & Modernisation Project, feedback from Waste Community Information Sessions

Council 17 February 2021

Item 11.2

11.2. EOI 2021-62 - Occupation of office space within Bermagui Community Centre

This report details the results of the Expression of Interest (EOI 2021-62) process recently carried out for the occupation of office space within Bermagui Community Centre.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note this report and Confidential Report attached.

2. That Council note the Expression of Interest process for the occupation of office space within Bermagui Community Centre has now closed.

3. That Council approve a further five-year licence to Bermagui Historical Society for their continued occupation of space within the Bermagui Community Centre for the market rental fee of $6,875 (plus GST), less a rebate achieved of 67%.

4. That Council approve a further five-year licence to Four Winds for their continued occupation of space within the Bermagui Community Centre for the market rental fee of $14,350 per annum (plus GST), less a rebate achieved of 56%.

5. That Council approve a further five-year licence to Southern NSW Local Health District for their continued occupation of space within the Bermagui Community Centre for the market rental fee of $7,198.98 (plus GST).

6. That Council authorise the General Manager and Mayor to execute the above-mentioned licence agreements.

7. That Council make an application to NSW Department of Industry – Lands and Water for an investigation to be undertaken to create a reserve over Lot 2 DP 1102635 and for Council to be appointed as the Crown Land Manager of the reserve.

Executive Summary

Several licence agreements for the occupation of office space within Bermagui Community Centre have recently expired or are due to expire soon and require renewal. This report details the results of the Expression of Interest (EOI) process conducted between 4 November and 9 December 2020 and seeks Council’s approval to enter new licence agreements with the successful applicants.

Land investigations have been undertaken by Council officers in relation to the Bermagui Community Centre site and a Council resolution is being sought to make an application to NSW Department of Industry – Lands and Water for a reserve to be created over Lot 2 DP 1102635 and for Council to be appointed as the Crown Land Manager of the reserve to minimise annual costs associated with the Crown lease currently in place over the land.

Background

Council resolved at its Ordinary Meeting of 22 November 2017, when considering its position on the future use of office space within Bermagui Community Centre as follows:

1. Approval of a further three year Licence to Bermagui Historical Society, Four Winds and Bega Valley Meals on Wheels Cooperative, for their continued occupation of space within the Bermagui Community Centre for the new fees proposed, to be introduced over a three year period as detailed in the table below.

Licensee	Previous Licence Fee (per annum)	Licence Fee in Year 1 (per annum)	Licence Fee in Year 2 (per annum)	Licence Fee in Year 3 (per annum)
Bermagui Historical Society	$518.00	$869.00	$1,738.00	$2,607.00
Four Winds	$518.00	$564.67	$1,129.33	$1,694.00
Bega Valley Meals on Wheels	$518.00	$741.00	$1,482.00	$2,223.00

2. Approval of a further three-year Licence to Southern NSW Local Health District for their continued occupation of space within the Bermagui Community Centre for the market current market rental fee noted in this report, plus an additional weekly cleaning fee.

Following the Resolution of Council, officers progressed formal licence agreements as follows:

· Southern NSW Local Health District licence expiring 19 October 2020;

· Bermagui Historical Society licence expiring 28 February 2021;

· Four Winds Concerts Inc licence expiring 31 December 2020.

Given the above-mentioned licence agreements have either expired or are due to expire to maintain transparency and avoid any suggestion of impropriety, Council has conducted a formal EOI process calling for suitable tenants for the occupation of office space within Bermagui Community Centre. The EOI document was available on Council’s e-Tendering portal between 4 November and 9 December 2020. A total of four (4) submissions were received and evaluated against the set criteria by a Tender Evaluation Panel. One (1) of the four (4) submissions did not comply with the requirements of the EOI and were made in error, this submission was considered non-confirming by the Tender Evaluation Panel. The information provided by tenderers within their submission is considered ‘commercial in confidence’, therefore are attached as Confidential Attachments for the information of Councillors.

Apart from the non-conforming EOI, the three (3) other EOI’s received were from existing occupants of the Bermagui Community Centre. Discussions held with representatives from Four Winds Concerts Inc since the EOI closed have resulted in an increased licence area as requested in the EOI submission to accommodate their services.

Council is the owner of the Bermagui Community Centre building which is located on Crown Land leased by Bega Valley Shire Council. Under the terms of the lease, Council is required to pay Crown Lands an annual lease fee. In determining the annual lease fee payable by Council, Crown Lands obtain a market valuation for the land, with a rebate of $30,000 per annum provided to Council off market rental, on the basis that part of the Community Centre provides facilities for the benefit of the general community. The latest market rental valuation for the site obtained by Crown Lands in May 2017 was $42,988, with the most recent annual amount payable by Council being $17,057.70 (plus GST).

Crown Reserve 91099 for public hall notified on 7 April 1978 was revoked 2 May 2008 with the lease 379337 to Bega Valley Shire Council commencing on 2 May 2008 for the purpose of a community centre.

A Reserve can be created over the land with an appropriate purpose in which Bega Valley Shire Council can be appointed Crown Land Manager, however Native Title would need to be further investigated. It is suggested that Council officers progress investigations and Native Title advice with a view to be appointed Crown Land Manager to negate the need to pay the annual lease fee to Crown Lands.

Options

The options available to Council are:

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

2. Resolve to provide Bermagui Historical Society with a reduced rental in line with Council’s adopted minimum rental fee. Noting Bermagui Historical Society are currently paying $6,875 (plus GST), less a rebate achieved of 67% for their occupation of space within the centre and any reduction in rent will have a financial impact on the facility.

3. Decline to accept the EOI submissions received by all tenderers and advise tenderers of Council’s decision.

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

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

Community and Stakeholder Engagement

Engagement undertaken

Council officers completed an EOI process via public tender between 4 November and 9 December 2020. The tender was available on Council’s e-Tendering portal and publicly advertised on Council’s website. Council officers have been liaising with some third party applicants since the EOI closed to negotiate minor changes to occupancies to accommodate their needs.

Engagement planned

Council officers will continue to liaise with third party applicants who submitted EOI submissions to advise Council’s decision and formalise occupation of the premises over the coming weeks.

Financial and Resource Considerations

As specified in the attached Council report dated 30 August 2017 a market rental valuation report was obtained from Opteon Property Group on 6 February 2017 which outlined an annual rental achievable for the spaces within the building as follows:

Licensee	Valuation
Four Winds	$3,850
Bermagui Historical Society	$6,875
NSW Southern Local Health District	$4,950

Council’s Management of Leases and Licenses Procedure provides that:

• All lessees shall be responsible for the payment of all outgoings on the property; including (but not limited to): Council rates and charges (if applicable); land tax; water; electricity; gas; telephone; and any other operating costs associated with their respective activities. In the case of Bermagui Community Centre

One of the options raised in the report of 22 November 2017 was for Council to commence charging tenants an additional contribution to outgoings (electricity, water and waste removal). Being multi-use building without separate metering however, it would be difficult to determine a fair and equitable method of calculating the contribution payable by each organisation, so tenure proceeded without any additional requirement to pay for outgoings.

Council officer time has been required to conduct the public EOI process for the future occupancy of the Bermagui Community Centre. Ongoing management of the Licence Agreements during their term will also require officer resources.

Legal /Policy

As part of the EOI Council identified there are a number of potential uses and options for space within the building. However, the consent 2004.151 for alterations and additions to the Bermagui Hall for the purpose of a ‘Community Facility and Public Building’ defines the land uses allowable on the site. The applicable use definitions are per previous Bega Valley Local Environmental Plan 2002 (LEP 2020) as follows:

“Community facility means a building or place owned or controlled by a public authority or a body of persons associated for the purpose of providing for the physical, social, cultural, economic or intellectual development or welfare of the local community, but does not include a building or place (other than a club) elsewhere specifically defined in this Dictionary.”

“Public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes.”

As per the above LEP 2002 definitions, renting the rooms out for commercial office purposes is not in line with the approved uses, being of a public nature for “intellectual development or welfare of the local community”.

Council Planning officers have confirmed all three (3) EOI’s received from existing occupants of the Bermagui Community Centre can continue use of the site without the requirement of a development application.

The EOI process meets the following objectives:

· To undertake an open, fair and transparent process for the issuing of tenure for the occupation of space within the Bermagui Community Centre;

· To manage the use of Lot 2 DP 1102635 in a way which complies with legislative requirements under the Crown Land Management Act 2016 (NSW) (CLM Act) and/or the LG Act;

· To optimise the potential use and financial return from activities conducted within the Bermagui Community Centre within the parameters of the existing development approval.

In accordance with Council’s Management of Leases and Licenses Procedure tenure may be granted by invitations for expressions of interest.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The EOI submissions received were evaluated based on the following criteria:

B1. ECONOMIC ACTIVITY – 20%:

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

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

B2. BENEFITS TO THE COMMUNITY – 30%:

Demonstrates what the level of community participation will be. – 10%

Demonstrates what other benefits the community will receive from this activity. – 10%

Demonstrates how the proposed use of service meets the current and future needs of the community as identified in Council’s Community Strategic Plan. – 10%

B3. EXPERIENCE & QUALIFICATIONS – 20%:

Demonstrated previous experience in the proposed activity. – 10%

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

B4. SUSTAINABILITY – 30%:

Is the activity self-sustaining? If not, how likely is it that the activity will continue without ongoing external support? – 15%

Demonstrates how the organisation will meet its obligations to pay the annual licence fee and a contribution to operational costs and outgoings for the building- $15%

Environment and Climate Change

There is no environment and climate change matters associated with the proposed occupation of space within Bermagui Community Centre.

Economic

All the proposals received provide a level of economic activity or benefit to Council and the community.

Risk

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

Council officers will be required to undertake a Native Title assessment and send notification to NTS Corp regarding any application for a reserve to be created over Lot 2 DP 1102635 as it may affect Native Title interests in the land. When exercising powers provided by the transitional arrangements under the CLM Act, Council Crown Land Managers must obtain written advice from a qualified Native Title Manager that the application complies with the Native Title Act 1993 (Cth).

Social / Cultural

There are no additional social / cultural matters associated with the proposed tenure arrangements that have not already been addressed in the summary of submissions in the Confidential Report attached.

Attachments

1 ⇩. Council report dated 30 August 2017 - Licence Agreement Renewals

2 ⇩. Council report dated 22 November 2017 - Licence Agreement Renewals

3 . Confidential report - Bermagui Community Centre EOI 2021-62 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

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

4 . EOI 2021-062 Occupation of office space within Bermagui Community Centre -Submission 1 (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.

5 . EOI 2021-062 Occupation of office space within Bermagui Community Centre -Submission 2 (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.

6 . EOI 2021-062 Occupation of office space within Bermagui Community Centre -Submission 3 (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.

7 . EOI 2021-062 Occupation of office space within Bermagui Community Centre -Submission 4 (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 17 February 2021

Item 11.3

11.3. Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan

The Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan final report findings and recommendations are presented to Council for endorsement.

Director Assets and Operations

Officer’s Recommendation

1. That Council endorse the findings and recommendations of the Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan dated 23^rd December 2020 as the best available flood information and interim measures for use in managing the flood risk within the identified catchment area and for future emergency response planning

2. That a copy of the final endorsed Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan be published on Council’s website, provided to Council’s Local Emergency Management Committee and the State Emergency Service for their information.

Executive Summary

Council engaged consultants Rhelm to undertake a Floodplain Risk Management Study (FRMS) and Plan (FRMP) for the Merimbula Lake and Back Lake catchments. The FRMS and FRMP were undertaken following the identification of flood hazards within the subject catchments with the completion of the Merimbula Lake and Back Lake Flood Study at Merimbula in March 2017.

The FRMS and FRMP reports have now been completed and are ready for Council’s consideration and endorsement. The endorsed FRMS and FRMP will then form the best available information for managing flood risks within the identified catchments in accordance with the floodplain risk management process outlined in the NSW Government’s Floodplain Development Manual 2005.

Once endorsed, consideration should be given to the implementation of the FRMP into Council’s strategic documents subject to funding and feasibility constraints.

The FRMS for consideration is available here: Merimbula Flood Risk Management Study FINAL

The FRMP for consideration is available here: Merimbula Flood Risk Management Plan FINAL

Background

Council has taken the initiative to carry out the FRMS and FRMP to assist with planning for, and managing, the risk the community faces from flooding with the assistance of a Floodplain Management Program grant from the Department Planning, Industry and Environment (DPIE).

The Floodplain Management Programme supports the implementation of the NSW Government's Flood Prone Land Policy as outlined in the Floodplain Development Manual 2005.

The primary objective of the policy is to reduce the impacts of flooding and flood liability on communities, as well as the private and public losses resulting from floods, using ecologically positive methods wherever possible.

The NSW Government recommends local Councils understand and manage their flood risk through the floodplain risk management process as outlined in the Manual.

The Floodplain Management Program provides financial support to Councils and eligible public land managers to:

· make informed decisions on managing flood risk by preparing FRMPs (and associated background studies) under the floodplain risk management process

· implement FRMPs to reduce flood risk to both existing and future development, and reduce losses through a range of property, flood and response modification measures as outlined in the manual

· provide essential information to the State Emergency Service to enable the effective preparation and implementation of local flood plans to deal with flood emergency response.

Assistance under the program is normally offered by the State Government providing $2 for every $1 provided by local Councils.

DPIE supports Councils by providing funding and technical assistance for various floodplain management projects like floodplain risk management studies and FRMS.

The 2014 Merimbula Lake and Back Lake Flood Study and its corresponding data collection formed the initial stage towards development of a comprehensive FRMP for the identified catchments, in accordance with the NSW Floodplain Development Manual: the management of flood liable land, April 2005. The FRMS is the interim step after the flood study and prior to the completion of a FRMP. The completion and endorsement of the FRMP becomes the penultimate step in the floodplain risk management process prior to the implementation of the identified potential actions that can assist in managing flood risk for the identified catchments

The floodplain risk management options identified during the FRMS are essential for the development of the proposed FRMP strategies and recommendations. The identified structural and non-structural floodplain risk management options required modelling, cost-benefit analysis and community consultation before final inclusion in the proposed FRMP developed.

The purpose of a FRMP is to provide input into the strategic and statutory planning roles of Councils. It does not, by intent, purport to be the only document relevant to development of flood prone land. The management plan provides the type of information necessary for adequate forward planning for flood prone land.

Options

Council has 2 options available.

The first option is to endorse the documents and their recommendations and findings as best available information and measures in effectively managing flood risk within the identified catchments.

In doing so, Council should ensure that resourcing and feasibility considerations are taken into account as part of its long-term planning, strategic goals and regular business processes as it moves towards implementation of the identified actions.

The second option is to not endorse the documents as best available information and accept the identified risks discussed further below.

The best option available is to endorse the findings and recommendations of the Study and Plan as being the best available information for the identified catchments.

Potential floodplain risk management options were identified in the FRMS and a multi-criteria analysis identified the top 11 for inclusion in the FRMP.

Community and Stakeholder Engagement

Consultation with the community is an integral part of the FRMS and FRMP completion.

Engagement undertaken

At its meeting of 28 October 2020, Council resolved to publicly exhibit the draft reports and the exhibition was closed during 29 November 2020. Media releases, community questionnaires and a public exhibition of the draft documents were undertaken during the FRMS and FRMP project. Details of the relevant community consultation activities may be found in Section 5 of the FRMS.

Consultation with State Government agencies such as DPIE and the State Emergency Service; and residents within the Merimbula and Back Lake catchment areas was also completed using a variety of these activities.

Further, as per Council’s resolution at its meeting of 25 September 2013, a floodplain risk management focus group and technical sub-committee was formulated that comprised State agency, councillor, Council staff and community representatives. The Focus Group and its technical sub-committee provided input during the development of the FRMS and FRMP at periodic meetings

Engagement planned

The consideration of the FRMS and FRMP for endorsement and their subsequent publication on Council’s website form the final consultation activities for this stage of the floodplain risk management process.

At some subsequent future date as various actions near implementation, further consultation activities may be required during any corresponding detailed investigation and scoping process for any individual actions identified in the FRMP.

Council consideration of input

Council formally considers the FRMS and FRMP following a period of public exhibition of the draft reports, findings and recommendations.

The draft findings and recommendations are developed following initial community consultation to gather information. The final recommendations are then developed following any consideration of submissions received during the public exhibition of draft reports.

Seven written submissions were received during the public exhibition period. The comments received from public exhibition were considered in the completion of the proposed FRMS and FRMP for endorsement. The substance of some submissions necessitated some modifications to the draft documents placed on exhibition. Responses were provided to proponents where required.

Financial and Resource Considerations

It is anticipated that staff time will be expended in publishing the FRMS and FRMP to Council’s website following endorsement by Council.

At this point in time, other than staff resources, no financial resources are available for servicing the potential actions identified in the FRMP.

Once endorsed, consideration of budgetary allocations from General Fund will be required during Council’s annual budget cycles. Any action item will be considered as a budget request in upcoming operational plan and budget reports.

Once Council endorses the FRMS and FRMP, actions within the FRMP also become eligible for funding from the NSW Government’s Floodplain Risk Management Programme via a competitive application process at a typical ratio of 2:1 State to Council dollars. The next round of grant applications is anticipated to open during early 2021. If the funding opens in 2021 it may be likely that Council’s co-contribution is not required until the 2021/22 budget cycle. Other grant funding sources related to road related infrastructure are also other avenues for securing additional funding for implementation subject to differing criteria. These typically have co-contributions ranging from nil to 1 Council dollar per Government dollar.

Similarly, once Council endorses the FRMS and FRMP, consideration of financial resourcing implications and constraints should be taken into account in its long-term financial plans and other strategic plans such as its Operational Plan and Delivery Program as per Council’s identified strategic goals discussed below.

Certain components of a FRMP can be implemented relatively quickly, others require additional investigations, design, and funding. It is unlikely that any FRMP could be implemented immediately in its entirety. Consequently, an implementation strategy is required to stage components depending on funding availability. Availability of funding will determine when mitigation works can commence. Whilst a priority of mitigation options has been identified in the FRMP, the availability of funding, strategic alignment or synergistic alignment with Council’s long-term financial planning or asset programmes may define the actual order in which options are implemented.

Table 4-1 of the FRMP details the approximate capital and operational costs; and priorities of implementation.

Item	$ Excl GST
Expenditure Detail
The estimated cost of all options identified in the FRMP regardless of priority or feasibility is approximately	$4,449,950
High priority options are estimated to be	$102,500
High and medium priority options are estimated to cost approximately	$4,449,950
Structural options are estimated to cost approximately	$4,272,450
Non-structural options are estimated to cost	$177,500
Total Expenditure	$4,449,950

Source of Funds
General Fund (not yet allocated)	Nil
Grants (not yet submitted)	Nil

Total income available	* total income = total project cost

Total Project Capital Cost	*$4,449,950*
Total Available Construction Funding	Nil
Project Funding Shortfall	*-$4,449,950*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Upgrade if fully implemented	$4,272,450
Annual maintenance and operational costs if fully implemented	$29,000
Additional Depreciation costs if fully implemented	$24,677

Legal /Policy

The NSW Floodplain Development Manual April 2005 has been prepared in accordance with the NSW Government’s Flood Prone Land policy. It guides Councils in the development and implementation of detailed local Floodplain Risk Management Plans to produce robust and effective floodplain risk management outcomes. The primary objective of the policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property, and to reduce public and private losses resulting from floods, utilising ecologically positive methods wherever possible. To achieve its primary objective, the policy provides for financial support and technical assistance from the NSW Government; emergency management and flood recovery programmes and the protection of Council’s, Government agencies and their staff against claim for damages resulting from their issuing advice or granting approvals on floodplains, providing such action was taken in accordance with the principles and guidelines in the Manual.

The Manual applies to floodplains across NSW, in both urban and rural areas.

The initial Merimbula Lake and Back Lake Flood Study at Merimbula March 2017 report findings and recommendations provided the technical basis required for the development of the current FRMS and FRMP. Part of the outcomes of the FRMS and FRMP were a review of and recommendations for a range of flood and response modification measures that will reduce flood risk. Typically, measures arising from a FRMS and FRMP include review of flood related planning and development controls, flood prone land policies.

The FRMS and FRMP contain recommended management measures which will require amendments to flood related planning and development controls and flood prone land policies. The final mix of management measures were developed following consultation with the community.

The FRMS and FRMP also recommend a change to the wording of Council’s planning certificates under s10.7 (formerly s149 of the NSW Environmental Planning and Assessment Act 1979).

Presently, some properties that are not subject to flood related planning and development controls, will be if the FRMS is adopted. It is proposed to issue a 10.7 certificate to each of these properties with the updated flood information.

If adopted and implemented according to its terms, the FRMS and FRMP will provide Council with contemporary information to better manage the development of land in flood prone areas and operate as a tool to enable Council to make decisions and provide information in relation to the land within flood prone areas with the benefit of statutory protections under s733 of the NSW Local Government Act 1993.

The FRMS makes it clear that further investigation is required in relation to the management measures proposed and that implementation is subject to funding becoming available. Funding is a fey consideration for Council when adopting the FRMP and this is discussed further in the funding section of this report.

The endorsed FRMS and FRMP will ultimately provide Council with a current FRMS and FRMP prepared in accordance with the NSW Floodplain Development Manual April 2005 enabling statutory protections in accordance with Section 733 of the NSW Local Government Act 1993

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completed FRMS outputs will form inputs into the proposed FRMP for the Merimbula Lake and Back Lake catchments. The FRMP outputs will be incorporated into relevant Council strategic documents and decision-making processes.

The FRMP outputs also provide essential information in planning emergency response during flood events, planning for disaster resilience prior to flood events and securing further funding from the NSW Government for future potential works projects arising from the finalised FRMP recommendations. These potential future works projects or other actions identified in the FRMP may then need to be considered as part of Council’s Strategic Asset and Long-term Financial planning.

Endorsement of the FRMS and FRMP will achieve the outcomes in the 2020/2021 Operational Plan namely:

Outcome 5 – Connected Communities

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

Environment and Climate Change

Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain. However, flooding can also interfere with production, communication and agricultural practices, destroying high value crops. Therefore, development and management of floodplains needs to consider a broad range of issues including balancing the benefits of occupation of the floodplain against the costs.

A FRMS forms the key input into the development of a completed FRMP. The FRMS is a major multi-disciplinary process involving high levels of skill in engineering, planning, the sciences (social and environmental), economics and emergency management. Environmental and sustainability factors considered in the management study included the environmental needs of rivers and floodplains, the environmental, cultural and social impacts of any identified management measures, potential impacts from acid sulphate soils, potential impacts on flora/fauna and climate change impacts such as sea level rise and increased rainfall intensity.

The purpose of a FRMS is to identify, assess and compare various risk management options and consider opportunities for environmental enhancement as part of mitigation works.

Economic

The great majority of the State’s towns and cities are located on inland and coastal floodplains because of early reliance on maritime or riverine transport. These towns are subject to flooding and measures are needed to protect their future livelihood. Floodplains are also the commercial, social and environmental arteries of the State. Transport and communication infrastructure are often located in floodplains which, as generally the more fertile areas, are a base for a significant proportion of the State’s agricultural business.

As part of the Floodplain Risk Management Study socio-economic studies of identified risk management measures are undertaken to weigh cost of implementation versus the benefits of a reduction in flood risk and flood damages whilst accounting for social and environmental impacts.

A detailed analysis of the economic impacts of flood damages was completed as part of the FRMS for varying flood magnitudes. The analysis considered tangible and intangible economic costs of flooding whether direct or indirect. The damages determined allowed evaluation of cost-benefit ratios of various potential management options to be evaluated against floods of varying magnitude. The top 11 ranked options from a multi-criteria analysis including cost-benefit ratios were then considered for inclusion in the FRMP.

Risk

To not endorse the FRMS and FRMP and then correspondingly not to implement the FRMP over time, potentially exposes Council to operational risks now it has detailed knowledge of the flood risks arising in both the Merimbula Lake and Back Lake catchments. Council’s endorsements to publicly exhibit the draft FRMS and FRMP at its meeting of 28 October 2020 are evidence of its knowledge of the identified flood risks.

Flood risks within the catchment have been identified and measures identified to assist in managing the flood risks. The most appropriate flood measures have been included in the FRMP. The identified catchments can be impacted by 2 mechanisms of flood risk that can include lake and creek flooding and/or overland flow flooding. The FRMS and FRMP provide varying recommendations to address these risks

Social / Cultural

With the completion of the FRMS, protection strategies for various Council assets have been identified for consideration in the FRMP. Similarly, measures to reduce the social impact from flooding on the community have now also been identified and assessed.

Once the FRMP is endorsed, implementation of recommendations to address emergency response, access and asset protection issues during flood events may be required. These potential future works will need to be considered as part of Council’s long term strategic asset and financial planning.

Social impacts were considered as part of the FRMS and recommendations developed for consideration prior to any implementation of actions. Further detailed assessment of impacts will be required at any detailed planning and investigation phase associated with any proposed structural works.

The social impacts of flood events on the local community were examined and access/egress, emergency response and visual amenity issues of potential actions were identified. The endorsed FRMS and FRMP will permit improved emergency response planning and has identified visual amenity as a factor to be considered during any detailed implementation of proposed actions from the FRMP.

Attachments

Nil

Council 17 February 2021

Item 11.4

11.4. Proposed divestment of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

A formal request has been received for the purchase of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report and attached Confidential Memorandum.

2. That Council approve the divestment of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula to the offeree [insert name], for the amount as offered.

3. That all fees to finalise this matter be payable by Council from the proceeds of sale.

4. That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and General Manager.

5. That the offeree be advised of Council’s decision.

Executive Summary

A formal offer to purchase Lot 121 DP 847899 Arthur Kaine Drive, Merimbula has been received and Council’s consideration is requested to progress with divestment of the land parcel. The request is in line with Council’s identified Land Divestment Strategy.

Background

Council resolved, at its Ordinary Meeting of 8 May 2019, when considering its position on the proposed divestment of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula as follows:

1. That Council receive and note the report and attached Vacant Land Review Sheet including detail on individual land parcels.

2. That Council appoint a registered Valuer/valuers, by competitive quotation process, to provide Bega Valley Shire Council with a formal market valuation for Lot 121 DP 847899 Arthur Kaine Drive, Merimbula.

3. That Council appoint a suitably qualified Real Estate Agent ,by competitive quotation process, to represent Bega Valley Shire Council’s interests in divesting Lot 121 DP 847899 Arthur Kaine Drive, Merimbula by public auction, private treaty or expression of interest.

4. That Council delegate authority to the General Manager to enter into a suitable agency agreement with the successful Real Estate Agent upon completion of the competitive quotation process for the marketing, sale negotiation and transactional settlement of the above mentioned land parcel.

5. That all offers be brought back to Councillors for final Resolution.

Following the Resolution of Council, a competitive quotation process to engage IPN Valuers was undertaken and a formal market valuation was obtained which is attached to this report. An internal review of the valuation was carried out by staff in consideration of setting an asking price for sale, and as a result a second valuation was obtained from Opteon Property Group Pty Ltd which is also attached for the information of councillors.

Following receipt of the formal market valuations a further competitive request for quotation process to appoint a suitably qualified Real Estate Agent to represent Bega Valley Shire Council’s interests in divesting of several land parcels was undertaken with LJ Hooker Bega being awarded the works and a formal agency agreement was finalised in August 2020.

LJ Hooker Bega has formally written to Council with an offer for the purchase of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula. The parcel is currently zoned R3 - Medium Density Residential and as outlined in the detail attached to this report falls within the Merimbula Obstacle Limitation Surface (OLS) Map. The offeree has been provided with the map for information regarding the height of buildings permitted on the land as the map indicates that part of the site falls within the limitation of 7 metres and rises to 15 metres. Any development upon the land would need to fall under the OLS Height Limitations exact location of this line and would need to be confirmed by a registered surveyor and subject to final review by Council as the Aerodrome Operator prior to an development application approval to ensure any development does not impede current and future Airport operations.

Options

The options available to Council are:

1. Proceed with disposal of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula for the value as offered and resolve accordingly.

2. Decline to accept the offer received and advise the offeree of Council’s decision and await further offers.

3. Decline to accept the offer received and advise the offeree of Council’s decision and an agreed value for the disposal of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula.

4. Retain ownership of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula.

Community and Stakeholder Engagement

Engagement undertaken

Council resolved at its Ordinary Meeting of 8 May 2019 to approve a request for quotation (RFQ) process to sell Lot 121 DP 847899 Arthur Kaine Drive, Merimbula. LJ Hooker Bega were appointed to market the property on Council’s behalf and have received a formal offer for the purchase of the land parcel.

Prior to marketing commencing Council’s legal representatives were engaged to prepare the necessary sale contract and will be required to formalise the necessary documentation to finalise the sale of land.

Engagement planned

Council officers will continue to consult with the Agent and legal representatives to action the Resolution of Council.

Financial and Resource Considerations

To maximise the economic return to Council the RFQ to engage a qualified Real Estate Agent was carried out with land parcels grouped together as follows:

· Lots 9 – 12 Sec 1 DP 1085 Park Street, Bega (under offer)

· Lots 9 – 12 Sec 2 DP 1085 Park Street, Bega (under offer)

· Lot 5 DP 843822 & Lot 16 DP 112193 31 Mecklenberg Street, Bega (under offer)

· Lot 13 DP 1107310 & Lot 18 DP 255593 23 Mecklenberg Street, Bega (under offer)

· Lot 66 DP 1171407 Ravenswood Street, Bega (under offer)

· Lot 121 DP 847899 Arthur Kaine Drive, Merimbula (under offer)

Fees payable to LJ Hooker are $6,750 overall for marketing all properties and 2% commission on each sale.

All options above will have additional financial and resource implications. A sale option will include additional officers' time and resources as well as the engagement of legal representatives and legal costs. Costs involved in the proposed disposal of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula will be offset against the proceeds of sale.

If Council retains Lot 121 DP 847899 Arthur Kaine Drive, Merimbula, Council’s financial liability for the land parcel will be retained.

It is proposed that proceeds of the sale after fees and other charges be retained in the asset renewal reserve to fund asset renewals as outlined in Council’s adopted Asset Management Plans.

It is noted that all land parcels resolved by Council to sell as part of the review of Council’s surplus Operational Land portfolio are now under offer.

Legal /Policy

Under the Local Government Act 1993 (NSW) (LG Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land. Section 377(1)(h) of the LG Act requires a specific Resolution of Council to dispose of any land.

Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a particular matter, by Resolution of the Council. The reasons for the proposed disposal of an asset below market value, however, must be clearly articulated within the report submitted for consideration by the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

A list of potential surplus land was identified in a report to Council’s Ordinary Meeting of 13 December 2017 (13.2 - Asset review- setting the framework for 2018/19 and into the refocus of the Long-Term Financial Plan). Following the Resolution of Council, officers undertook a review of Council’s vacant operational land portfolio and Lot 121 DP 847899 Arthur Kaine Drive, Merimbula was identified as being suitable for divestment.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed divestment of land.

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. It is recommended that the net funds from sale go towards capital asset renewal.

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.

Social / Cultural

There are no social / cultural matters associated with the proposed divestment of land noting that any potential development of the land would have these factors as a key consideration in the development assessment process.

Attachments

1 ⇩. Council report dated 8 May 2019 - Land Divestment Options - Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

2 ⇩. Land Divestment Options Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

3. Memorandum detailing the history on Lot 121 DP 847899 Arthur Kaine Drive, Merimbula (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

4. IPN Valuation report - Lot 121 DP 847899 Arthur Kaine Drive, Merimbula (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

5. Opteon Valuation report - Lot 121 DP 847899 Arthur Kaine Drive, Merimbula (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

6. Confidential Memorandum regarding proposed divestment of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

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

Council 17 February 2021

Item 11.5

11.5. Pambula River, Pambula Lake and Yowaka River Catchment Flood Study Final Findings

The draft findings for the Pambula River, Pambula Lake and Yowaka River Flood Study are ready to be placed on public exhibition for comment.

Director Assets and Operations

Officer’s Recommendation

1. That Council endorse the findings and recommendations of the Pambula River, Pambula Lake and Yowaka River Catchment Flood Study as the best available flood information and interim measures for use in developing any subsequent floodplain risk management study and plan; and future emergency response planning

2. That a copy of the final endorsed Pambula River, Pambula Lake and Yowaka River Catchment Flood Study be published on Council’s website and provided to Council’s Local Emergency Management Committee for its information

3. That a further report be repented to Council following the public exhibition to consider final adoption of the flood study.

Executive Summary

The finalisation of the ‘Pambula River, Pambula Lake and Yowaka River Flood Study’ will represent completion of the first of the four stages in the floodplain risk management process outlined in the NSW Government Floodplain Development Manual April 2005. The aim of the Flood Study is to produce information on flood discharges, levels, depths and velocities for a range of flood events under existing topographic and development conditions. This information can then be used as a basis for identifying those areas where the greatest flood damage is likely to occur, thereby allowing a targeted assessment of where flood mitigation measures would be best implemented as part of the subsequent Floodplain Risk Management Study and Plan. The draft findings of the Flood Study are now ready for public exhibition and comment prior to finalisation.

Background

Increased development pressure within Pambula and surrounds combined with a recent number of flood related natural disasters throughout the Local Government Area (LGA) has generated a need to investigate flooding behaviour for the catchments of interest. The information to be derived from the final study findings will assist long term strategic asset planning for land-use and emergencies.

The Pambula River, Pambula Lake and Yowaka River catchment covers an area of over 300 square kilometres within the Bega Valley Council LGA The catchment extends across forested and rural areas, as well as the villages of Pambula, South Pambula, Pambula Beach, Broadwater, Greigs Flat, Nethercote and Lochiel.

Floodwaters in the catchment can damage property and vehicles and may pose a risk to life during large floods. In addition, flooding can overtop major transportation links within the catchment including the Princes Highway, Nethercote Road, Mount Darragh Road and Back Creek Road, which can inconvenience and isolate many individuals and families.

In recognition of the potential impact that flooding may have on the local community, Bega Valley Shire Council engaged Catchment Simulation Solutions to prepare a flood study for the Pambula River, Pambula Lake and Yowaka River catchment. It documents flood behaviour across the catchment for a range of historic and design floods. This includes information on flood discharges, levels, depths and flow velocities. It also provides estimates of the variation in flood hazard and provides an assessment of the potential impacts of climate change on existing flood behaviour.

Options

The options before Council are to:

1. Publish the draft findings and recommendations of the final Pambula River, Pambula Lake and Yowaka River Flood Study for public comment prior to the finalisation of the Flood Study.

There are no impediments to this approach and the option broadly aligns with Council’s Community Engagement Strategy and the floodplain risk management process described in the 2005 NSW Floodplain Development Manual

2. To finalise the study without public exhibition.

This approach is not preferred as the community and other agencies are key stakeholders and beneficiaries of improved flood information. The public exhibition exercise allows a final opportunity for any input to be considered and increases awareness about flood risks within the target catchments. The study outputs when finalised will form inputs into long term strategic asset, land-use planning and emergency response planning or future floodplain risk management studies and plans that community’s benefit from.

Community and Stakeholder Engagement

Engagement undertaken

A questionnaire was distributed to over 300 properties within the catchment. The questionnaire aimed to secure information on community flooding experiences, with a focus on information that could be used to assist in the calibration of the computer flood models that would be developed during later stages of the project. A total of 21 questionnaire responses were received. The responses to the questionnaire showed that around 30% of the respondents had been impacted by flooding. The most common reported flood impacts were roadways being cut by floodwaters as well as flooding of paddocks.

Refer to Appendix A of the draft Flood Study for details of the Community Consultation questionnaire was sent to affected residents.

Engagement planned

There are three remaining planned community consultation and information activities. These are to firstly place the draft flood findings on public exhibition for public comment (this report), consider and evaluate any submissions arising in the finalisation of the Flood Study findings and then present the finalised Flood Study to Council for formal endorsement. Additionally, the final Flood Study findings will be published on Council’s website and a copy given to Council’s Local Emergency Management Committee for information.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Flood Study (anticipated cost at completion)	$104,110 (excluding staff time)


Total Expenditure	$104,110

Source of Funds
Approved budget \| General Fund	$50666.67
Grant \| Floodplain Management Program	$101333.33
Total income available	$152,000
Project Funding Surplus	*$37,749*

Legal /Policy

The Manual applies to floodplains across NSW, in both urban and rural areas.

The NSW government policy is implemented through development, adoption and implementation of Floodplain Risk Management Plans. Such plans inform planning controls such as Council’s adopted Bega Valley Local Environmental Plan (LEP) 2013 and the Bega Valley Development Control Plan 2013 (DCP).

In accordance with Section 733 of the Local Government Act 1993, Councils receive indemnity against liability for floodplain risk management in urban and rural areas in NSW guided by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual, the management of flood liable land, April 2005.

Under S733 of the Local Government Act 1993, Council will generally not incur liability for advice given or things done or omitted to be done in good faith insofar as the advice or things relate to the likelihood of land being flooded. A Council is taken to have acted in good faith, (unless the contrary is proved), if the advice was furnished, or the thing was done or omitted to be done, substantially in accordance with the principles in the Manual.

Accordingly, Council needs to ensure that is has regard to a Flood Study, FRMS and/or FRMP when it is preparing planning certificates and accurately identifies if land is within a flood planning area and/or is subject to planning and development controls on the planning certificates.

Locally, the NSW government policy is implemented through development, adoption and implementation of Floodplain Risk Management Plans which inform Council’s adopted Bega Valley Local Environmental Plan 2013 and the Bega Valley Development Control Plan 2013 in relation to flood related development controls.

The endorsed FRMS and FRMP will ultimately provide Council with a contemporary Flood Study prepared in accordance with the NSW Floodplain Development Manual April 2005 enabling statutory protections in accordance with Section 733 of the NSW Local Government Act 1993.

The final flood study report findings and recommendations will provide the technical basis required for the development of any subsequent Floodplain Risk Management Study (FRMS) and Plan (FRMP) for the identified catchments. Part of the typical outcomes of a FRMS and FRMP are a review of and recommendations for a range of flood and response modification measures which will reduce flood risk. Some of the typical property modification measures arising from a FRMS and a FRMP include review of flood related planning controls, flood prone land policies and flood related development controls.

The final mix of floodplain risk management measures are developed with the assistance of community consultation at these subsequent stages. These outputs are then incorporated into Council’s Environmental Planning Instruments such as Council’s adopted Bega Valley Local Environmental Plan 2013 (LEP) and the Bega Valley Development Control Plan 2013 (DCP) at a later date.

Councils issue planning certificates under Section 10.7 of the NSW Environmental Planning and Assessment Act 1979 to inform potential purchasers of planning controls and policies that then apply to the subject land. If changes to existing, relevant, flood related planning controls, flood related development controls or flood prone land policies do arise from the FRMS and FRMP, the relevant wording for flood related clauses need to be reflected in the Section 10.7(2) and 10.7(5) planning certificates.

A number of properties that do not have these flood related planning and development controls currently exist. This may occur because they are not actually flood prone according the definitions of the NSW government’s Flood Prone Land policy or no detailed flood mapping has been undertaken in those areas. As a result of the finalised flood study findings, detailed flood mapping for the select study areas may then eventually lead to a number of these properties having flood related planning and development controls applied or a notation applied to the Section 10.7(2) and 10.7(5) certificate (previously section 149(2) and section 149(5) certificates). This may occur following the flood study or after the completion of a FRMS and FRMP.

Planning certificates contain information as to how a property can be used and what planning controls and policies apply to land that may restrict development. The fact that land is within a flood planning area and any changes to existing flood related planning controls, flood related development controls or flood prone land policies which arise from the FRMS and FRMP will need to be reflected on those certificates.

Clause 6.3 of the LEP applies to land ‘below the flood planning level’ and restricts development of that land unless Council is satisfied of certain matters. Clause 6.3(5) provides:

‘In this clause, flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.’

Council has no flood mapping as part of its LEP. Also, the LEP does not contain a clause stating a specific height or source such as a Flood Study or FRMP for the flood planning level at any given location such as the Pambula River, Pambula Lake and Yowaka River Catchments. Therefore, the definition of the 1:100 ARI, or in current nomenclature, 1% Annual Exceedance Probability (AEP), for the Pambula River, Pambula Lake and Yowaka River Catchments. would now be determined from the 1% AEP event from the flood study findings. In the interim, the 1% AEP event from the flood study would inform the flood planning level as per clause 6.3 of the LEP until a FRMP was put in place.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completed flood study report forms a key technical input document for the completion of a future floodplain risk management study and plan. The completed flood study allows Council to identify the existing flood risk, hydraulic and provisional hazard categories within the Pambula River, Pambula Lake and Yowaka River Catchments. The future floodplain risk management study and plan will quantify options to manage the identified flood risks and true hazards within the flood study report. Strategic responses for land-use planning, asset planning, emergency response planning, environmental, social and economic impact management can then be formulated to address any existing, future and continuing flood risk.

Council’s endorsement of the final study report findings and recommendations partially completes the operational plan item Identify and complete floodplain risk management projects for Outcome 5 Connected Communities, Goal 10 We have a network of good quality roads, footpaths and cycle ways connecting communities through the Shire and beyond.

Environment and Climate Change

Environmental concerns such as climate change, including sea level rise, have been addressed in the final flood study report, in accordance with current NSW government guidelines and requirements for flood study projects. Other environmental concerns are usually addressed in a subsequent flood risk management study and plan following community consultation at a subsequent time.

Economic

Any future floodplain risk management study and plan is a multi-disciplinary process that balances various differing factors to generate recommendations for an appropriate mix of management measures to deal with the different types of flood risk. Some typical factors considered during the management study are the flood behaviour, danger and damage, community costs of flooding, future land-use, a comprehensive range of flood risk management measures, environmental needs of the river and floodplains and environmental and cultural impacts of management measures. Cost-benefit ratios of differing identified risk mitigation options from community consultation are developed during a subsequent floodplain risk management study for inclusion in a floodplain management plan for the catchment. The identified floodplain risk management strategies are aimed at managing and mitigating flood risk where possible to reduce the economic impact on the community. These options are developed from the information contained within the flood study report.

Risk

The finalised flood study allows Council to quantify the existing flood hazard within the Pambula River, Pambula Lake and Yowaka River Catchments. The information will allow Council to manage its obligations under the NSW Government’s Flood Prone Land Policy.

The completed flood study identifies the hydraulic categories (floodway, flood storage or flood fringe) and the provisional hazard categories (high hazard or low hazard) for flood prone land within these two catchments.

The information will be useful to emergency response agencies for planning evacuation and logistics. The information will also be useful to Council for future planning and protection of public infrastructure; the control and assessment of development and mitigating the community costs of flood events.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of the State. Transport and communication infrastructure are often located in floodplains which, generally as the more fertile areas, are a base for a significant proportion of the State’s agricultural business. Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain. However, flooding can also interfere with production, communication, transport, emergency management and agricultural practices. Therefore, development and management of floodplains needs to consider a broad range of issues, including balancing the benefits of occupying the floodplain against the costs.

The final flood study findings will form the basis of a future floodplain risk management study and plan that incorporates the management of social, cultural and economic impacts.

Links to Pambula River, Pambula Lake and Yowaka River Catchment Flood Study reports, please note these will take some time to download:

Pambula River, Pambula Lake, Yowaka River Flood Study Draft Report (Rev 2) - Volume 1

https://begavalley.nsw.gov.au/page.asp?f=RES-OUR-34-18-80

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part1
https://begavalley.nsw.gov.au/page.asp?f=RES-ZUU-17-02-73

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part2
https://begavalley.nsw.gov.au/page.asp?f=RES-FQN-31-24-06

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part3
https://begavalley.nsw.gov.au/page.asp?f=RES-MZW-73-67-38

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part4
https://begavalley.nsw.gov.au/page.asp?f=RES-XJI-37-11-83

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part5
https://begavalley.nsw.gov.au/page.asp?f=RES-NKU-73-67-38

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part6
https://begavalley.nsw.gov.au/page.asp?f=RES-LPM-63-56-38

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part7
https://begavalley.nsw.gov.au/page.asp?f=RES-WXL-47-31-13

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part8
https://begavalley.nsw.gov.au/page.asp?f=RES-UYL-06-80-62

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part9
https://begavalley.nsw.gov.au/page.asp?f=RES-QON-54-38-10

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part10
https://begavalley.nsw.gov.au/page.asp?f=RES-KUJ-32-26-07

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part11
https://begavalley.nsw.gov.au/page.asp?f=RES-KGS-12-06-67

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part12
https://begavalley.nsw.gov.au/page.asp?f=RES-NPV-33-17-88

Pambula River, Pambula Lake, Yowaka River Flood Study Maps (Rev 2) - Volume 2_Part13
https://begavalley.nsw.gov.au/page.asp?f=RES-XKE-57-32-13

Attachments

Nil

Council 17 February 2021

Item 12.1

12.1. Half Yearly Report on Implementation of Council's Operational Plan 2020-2021

This half yearly review provides Council with a status update on the adopted 2020-2021 Operational Plan.

Director Business & Governance

Officer’s Recommendation

Note the progress on the 2020-2021 Operational Plan from 1 July 2020 to 31 December 2020 and place Attachment 1 of this report on Council’s website.

Executive Summary

As at 31 December 2020, ninety-two percent (92%) of the 2020-2021 Operational Plan activities are listed as ongoing, completed or are on track to be delivered by 30 June 2021. Eight percent (8%) of activities were identified as off track.

Background

The purpose of the Operational Plan half yearly review is to track progress of activities described in Council’s adopted Operational Plan. This review seeks to assess the achievability of the Operational Plan and enable forecasting of potential areas of delay or resourcing issues. A break-down of progress by Directorate is provided in Figure 1.

The detailed update of Operational Plan activity status and achievements organised by Community Strategic Plan outcomes is provided in Attachment 1.

At the November 2020 Council meeting amendments to the 2020-2021 Operational Plan were adopted (Resolution 267/20). These amendments are reflected in Attachment 1.

Options

There are no options presented for this receive and note report on the Operational Plan progress update.

Community and Stakeholder Engagement

Development of the Operational Plan and Budget each year includes regular community engagement. Reporting at six monthly intervals provides accountability towards achieving the plan.

Publishing the report supports information being made available to the public regarding progress. The Business and Governance team utilise communications team to develop rolling media coverage of IPR reporting across all platforms and social media posts on Council’s Facebook.

We recommend that this report be read in conjunction with the December 2020 Quarterly Budget Review Statement (FY2021 Q2).

Engagement undertaken

Hardcopies of our Integrated Planning and Reporting documents are available to view at Council’s Bega office as well as Council’s Libraries at Bega, Bermagui, Eden and Tura Beach. All adopted documents can be found on Council’s website.

Engagement planned

Attachment 1 of the report is recommended to be published and available on Council’s website.

Financial and Resource Considerations

The detail of Council’s financial position as at 31 December 2020 is outlined in the December Quarterly Budget Review Statement, which is the subject of a separate report to this Council meeting.

Fulfilling the requirements of Integrated Planning and Reporting Framework outlined in the Local Government Act 1993, is delivered as an operational function within the Business and Governance directorate.

Legal /Policy

Chapter 13 of the Local Government Act 1993 requires Council to report half yearly on the status of the Operational Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2020-2021 Operational Plan was developed to align with the adopted Community Strategic Plan, Delivery Program, Resourcing Strategy and Long-Term Financial Plan.

The following is a list of some of the highlights for the period. Detailed reporting on all the Operational Plan activities is provided in Attachment 1.

Some highlights for the period:

· Community engagement toolkit training was delivered to over 180 Council staff

· A revised Disability Inclusion Action plan has been drafted for public exhibition

· Regional Gallery redevelopment is progressing with $1.6 million of Federal Government funding secured

· Works progressing at the Merimbula Ford Park Courts project

· Eden Skate Park project is progressing with contracts soon to be awarded

· Concept plan for the Bega Swimming Pool endorsed

· Prospectus 2.0 is in development to assist Council with securing future grant funding

· Qantas offering flights to Merimbula

· Home-library service expanded to meet the communities needs during COVID-19

· Bega Library celebrates its 75^th anniversary

· Cooler Places in a Warming Climate solar battery project progressing

· Development and community engagement on the future of Council’s waste services

· 328 development applications determined with an project cost of development $100m

· Construction of the Brogo Water Treatment Plant is progressing with the project contract awarded

Environment and Climate Change

There are no direct Environment and Climate Change implications associated with presenting this receive and note report.

Economic

Council and its expenditure have a significant economic impact on the Bega Valley. The preparation and publishing on our progress towards the implementation of the annual Operational Plan provides a line of sight between funding (budget) and delivery (operational plan actions) informing our community on Council’s contribution and commitment as a provider of a variety of public services.

Risk

Preparation of this Operational Plan progress update has not identified any significant strategic risks associated with delivery of our programs, projects and services. Operational risks that have the potential to impact delivery of our Operational Plan actions are managed by the leadership group and considered at weekly and monthly meetings, including appropriate risk mitigation and management actions.

Social / Cultural

The receive and note recommendation of this Operational Plan progress report does not have any negative social or cultural impacts. Associated funding and adjustments to the budget for delivery of our various services are reflected in the notes provided by responsible officers.

Attachments

1 ⇩. 2020-2021 Operational Plan Progress Report July to December 2020

Council 17 February 2021

Item 13.1

13.1. December QBRS

Quarterly Budget Review Statements (QBRS) are prepared and presented to Council in accordance with Section 203 of the Local Government (General) Regulation 2005. Amendments to the FY21 Operational Plan are also proposed for Council’s consideration.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the December 2020 Quarterly Budget Review Statement.

2. That the budget recommendations detailed in the December 2020 quarterly budget review statement be adopted.

Executive Summary

Under the Integrated Planning and Reporting (IPR) Guidelines, a Quarterly Budget Review Statement (QBRS) must be presented to Council for each financial quarter. This report provides the December Quarterly Budget Review Statement.

Background

The QBRS is presented in a summary format which shows Council’s income and expenses by fund, type and activity. The Capital Budget Review Statement (CBRS) is also prepared by type followed by variance details. It is the intent of this report to provide information on the financial performance of Council as a whole and for each activity of Council.

Council officers retain the ability to enquire, transact, and report on the detailed general ledger, which includes budgets. If there are specific questions relating to detailed transactional information, officers can provide answers to those questions.

The FY2021 budget was developed in March 2020 when many external factors were unknown. We referred to these in the September QBRS report that was adopted by Council.

We continue to demonstrate improvement in our financial reporting and systems, focusing on reducing errors and improving real time information.

The December QBRS shows a commitment to further improvement towards cost containment and reallocation of resources to the finance function to deliver improved budgeting monitoring and review processes. The management team is now working towards continuing this during the FY2021 March quarter.

Options

A detailed review from Council officers has been undertaken in preparing the QBRS and it is recommended this is adopted to continue to support Council staff to deliver for the community. Alternatively, Council has the option to seek alternative budget adjustments.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement with staff has been undertaken to develop the recommendations for the budget.

Engagement planned

If the recommendation is adopted, the QBRS will be made available on Councils website on the budget page.

Financial and Resource Considerations

Operating ResultCouncil’s budgeted surplus has decreased by $1.08 million from $30.6 million in the original budget to $29.5 million. The net operating result before capital items has improved by $0.5 million with the expected deficit result of $9.1 million.Within income streams there have been a decrease in fees and charges for waste charges that has been received in last financial year ($3.4 million), a reduction in interest revenue of ($310,141) based on current investing environment and other revenue increased by $162,844 mostly due to sale of land income of $105,000.

Due to changes in AASB 1058 and AASB 15 grant income is recognised when Council has met, or partly met, the funding obligation. Prior to the change in accounting standards Council recognised the grant upon receipt and then restricted the amount unspent into a restricted reserve.

Included in both the operational and capital grants detailed below are amounts that have previously been received and, in the completion of 2020 Financial Statements were recategorized as contract liabilities.

Operational Grants have increased by $1.37 million dollars. Included in the total are new grants, previously received grants and new grants transferred to contract liability.

Description	Income recognised	Total Grant	Transfer to Contract Liability	Transfer from Contract Liability
BCRRF Stream 1 Business Projects	34,063	136,250	102,188
Accredited Training for Small Business - Business Council of Australia	0	40,000	40,000
BCRRF Stream 1 Community Engagement Projects	80,000	80,000
Environmental Works - Fire Recovery	300,000	300,000
Water Quality Monitoring - Fire Recovery	200,000	200,000
Bega Valley Innovation Hub 2.0	48,750	125,000	76,250
Unexpended grants from Previous periods	1,224,633			1,224,633
Reallocation to Capital Grant	-840,360

Capital Grants reduced by $1.62 million. Included in the total are new grants, previously received grants and new grants transferred to contract liability

Description	Income recognised	Transfer to Contract Liability	Transfer from contract Liability
Ford Park Courts Renewal	-846,196	1,046,198
Eden Inclusive Playspace – Moved to FY22	-400,000
Unexpended grants from previous periods	5,762,378		5,786,378
Tathra Wharf renewals	2,130,000
Brogo Water Treatment Plant – Moved to FY22	-6,550,000
MEMS - Initiative 1 - Whittles Road	136,327
Bus Shelters	33,000
Pambula Lake Boat Ramp Facility Upgrade	174,874
Bermagui Harbour Boat Ramp Facility Upgrade	165,031
Pambula Beach Coastal Accessibility Project	360,720
Murrabrine Creek Bridge – Income Phased	-400,000
Reallocation from Op Grant	840,360

Expenses decreased by $2.3 million. Employee costs decreased by of $667,158 and reflects staff that are working on capital projects. Materials and contracts decreased by $2.43 million that can be attributed to the reduction in some programs. An increase of $793,304 in other expenses is impacted by additional insurance costs.

The recommended changes have the following impact on the net operating result before grants and contributions provided for capital purposes by fund:

	Revised Budget	Requested Changes	Projected Year End Result
General Fund	16,706,200	5,261,275	21,967,474
Water Fund	9,209,184	(6,293,570)	2,915,614
Sewer Fund	4,708,024	(47,221)	4,660,803

The recommended changes have the following impact on the net operating result after grants and contributions provided for capital purposes by fund:

	Revised Budget	Requested Changes	Projected Year End Result
General Fund	(12,481,281)	331,479	(12,149,802)
Water Fund	(164,734)	256,430	91,696
Sewer Fund	2,973,238	(47,221)	2,926,017

Capital

Capital expenditure is estimated to decrease by $6.8 million dollars in the December QBRS to $80.6 million. A review of the capital program was conducted with several projects identified that would not be completed in the current year. These have been carried over with a plan for them to be completed in the 2022 Operational Plan. Additional projects are related to grant funding.

Cash and Investments

Council had cash and investments of $87.2 million at 31 December 2020. The revised projected cash figure at 30 June 2021 is expected to be $67 million. Our investment performance has been impacted by the economic downturn due to COVID-19 pandemic.

In the report to Council on 7 October 2020, we noted that the State and Federal Government debtors at 30 June 2020 stood at $7.5 million of funding owed to Council for grants on projects where work had been carried out and; for disaster works completed under Section 44 of the Rural Fires Act 1997. Of this $3.4 million had been received in the current year and included in the cash flow statement.

Included in the anticipated cash flow for the financial year is loan income of $4.2 million as per Council resolution 263/20. This loan is to fund the airport runway and works previously completed on the airport terminal.

Other impacts include:

· Council has not yet drawn down the approved loan for the Merimbula Airport Terminal. A projection of the loan funds has been included in this QBRS. The funds raised will be assigned to reimburse the reserves against which the Terminal works have been applied.

· The internally restricted funds released at 30 June 2020 (based on the cash and cash equivalent balance) have been reinstated in 2021 from the payments to be received from State and Federal government debtors and loan funds. Council resolution 297/20 on 16 December 2020 resolved to consolidate the reserves as recommended by the independent consultancy. This decision of Council has been reflected in the December QBRS report.

Council has previously indicated a policy position of holding $1.5 million in unrestricted funds. This should be re-established as part of Council’s review of the financial strategy when it is undertaken for the IPR process.Legal /Policy

In accordance with Regulation 203(1) of the Local Government (General) Regulation 2005, the Responsible Accounting Officer must prepare and submit to the Council a Budget Review Statement after the end of each quarter.

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

Budget Review Statements and revision of estimates

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

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s 2017–2021 Delivery Program and 2020-2021 Operational Plan provides the Financial Estimates 2017–2021 which includes the Budget for 2020-2021 (FY2021).

Council will need to be mindful in reviewing the Long-Term Financial Plan, that it is not likely to have the same level of external grant funding into the future and that an expansion of the current asset base will put pressure on future budgets through increased operation, maintenance and depreciation costs.

Other key projects and actions which need to be progressed in the current year to improve Council’s operational deficit and cash positions are being progressed and will be workshopped with Councillors and presented for resolution. These include:

· Review of Council’s loans and borrowing policy and approach

· Council’s management of reserves

· A full review of fees and charges and other income sources

· Continued work to hand back RFS and other emergency service assets to Government as resolved by Council

· Continued advocacy related to removing the Emergency Services costs applied to Councils from Councils rates income which are expected to increase due to increased expenditure by the RFS

· Review of options for service delivery and working with community to consider a level of service reduction

· Accelerating the land divestment strategy

· A continued review of Councils asset portfolio including the BVRLC as per the Mayoral Minute which will be reported to Council in March

· Continued implementation of the items being progressed in Council’s Financial Improvement Plan

· Ensuring that no new grants are accepted or applied for that bring a requirement for Council contribution or increased maintenance and operating costs

· An assessment of service levels in areas funded particularly by the General Fund and ensuring a draft position in accordance with our financial strategy that informs the draft FY2022 budget.

This work is the focus of the current year as well as dealing with monitoring the impacts of the COVID and Bushfire/Flood on a range of services and income. For the development of the 2022 budget the move to zero based budgeting will provide a clear focus for service costs. It is clear Council continues to be in a challenging position however it is critical that our focus for the future moves to continue improvements in the financial position.

Given the issues highlighted by Council in achieving its Asset Management model, future gains or surpluses need to be placed into appropriate reserves to provide coverage for future liabilities.

A review of all current Special Rate Variations (SRV) is also to be undertaken in early 2021 to consider options for rationalising and streamlining these for the future. This needs to be carefully considered following the pools SRV which was not progressed for this year however the full costs of the six-pool strategy remains and has a financial impact on the FY2021 budget included in this report.

Environment and Climate Change

There are no direct Environment and Climate Change implications associated with presenting this report.

Economic

Council and its expenditure has a significant economic impact on the Bega Valley. The recommended adjustments to the adopted budget ensure as an organisation we can continue to deliver the services and projects committed to in the FY2021 Operational Plan.

Risk

Financial stability is defined in terms of Council's ability to facilitate and enhance economic processes, manage risks, and absorb shocks. Moreover, financial stability is considered a continuum: changeable over time and consistent with multiple combinations of the constituent elements of finance. The QBRS process helps to provide transparency and accountability into the financial management of Council.

Social / Cultural

The attachments to this report detail the recommended adjustments to our budget, which may have some impacts on social and cultural services. The Officer’s recommendation is to support the continued service provisions and associated budgets as detailed in the organisation’s plans as contained in the attached.

Attachments

1 ⇩. December 2020 - Quarterley Budget Review Statement - Q2 FY2021

Council 17 February 2021

Item 13.2

13.2. Certificate of Investment

This report details Council’s cash and investments as at the end of January 2001.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position as at 31 January 2021.

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

Executive Summary

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

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

Background

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

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

Options

This is a receive and note report and does not require consideration of options for decision.

Community and Stakeholder Engagement

Engagement undertaken

Engagement planned

Financial and Resource Considerations

A list of Councils cash and Investments is detailed below.

Council’s revised interest income budget is $1,071,350, income earned to date is $535,675 (50%). A review of interest income budget is included in the December QBRS and resulted in a reduction of $305,141 in expected income.

These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	Nov-2020	Dec-2020	Jan-2021
General Fund	27,542	24,809	27,928
Water Fund	22,066	22,314	22,444
Sewer Fund	43,776	40,128	39,797
TOTAL	93,384	87,251	90,349

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

Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council. The following table provides details of all funds by restrictions:

Table 2: Investments by Restriction
Source of Funds	Value December 2020
Total cash and Investments	$90,348,999
External Restrictions as at September QBRS	$64,268,663
Internally Restrictions as at September QBRS	$9,888,081
Unrestricted funds	$16,192,255

Legal /Policy

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

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

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

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

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

Environment and Climate Change

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

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

Council revoked the Cash Management and Investment Strategy (6.07.3) on 25 November 2020. Our Finance team has commenced investigation of investment options available outside of the current TCorp strategy. Further options will be explored over the coming months.

Economic

Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of that investment is reported monthly, quarterly and annually.

Risk

Council policies have strict guidelines to reduce Councils risk to capital. Other legal instruments, such as the Ministerial Order referenced above, are used to mitigate financial risk.

Social / Cultural

Maximising performance of returns enables the organisation to leverage additional funding received as a result of investments and use these towards community projects, programs and services.

Attachments

Nil

Council	17 February 2021
*Item 11.1 - Attachment 1*	Waste Facility Consolidation & Modernisation Project, feedback from Waste Community Information Sessions

Council	17 February 2021
*Item 11.2 - Attachment 1*	Council report dated 30 August 2017 - Licence Agreement Renewals

Council	17 February 2021
*Item 11.2 - Attachment 2*	Council report dated 22 November 2017 - Licence Agreement Renewals

Council	17 February 2021
*Item 11.4 - Attachment 1*	Council report dated 8 May 2019 - Land Divestment Options - Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

Council	17 February 2021
*Item 11.4 - Attachment 2*	Land Divestment Options Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

Council	17 February 2021
*Item 12.1 - Attachment 1*	2020-2021 Operational Plan Progress Report July to December 2020

Council	17 February 2021
*Item 13.1 - Attachment 1*	December 2020 - Quarterley Budget Review Statement - Q2 FY2021

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 Questions without Notice

19 Confidential Business

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

Statement of Re-Commencement of Live Streaming

20 Noting of Resolutions from Closed Session

21 Declassification of reports considered previously in Closed Session

Council

17 February 2021

Staff Reports – Infrastructure Waste And Water

17 February 2021

11.4. Proposed divestment of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

Officer’s Recommendation

Attachments

Council

17 February 2021

Staff Reports – Governance And Strategy

17 February 2021

Staff Reports – Finance

17 February 2021

Confidential Business

Adjournment Into Closed Session

Recommendation