Agenda of Council - 10 March 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

10 March 2021

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting and Closed session held on 17 February 2021 and the Extraordinary Meeting held on 24 February 2021 as circulated, be taken as read and confirmed.

3 Declarations

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

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

8.1 Draft Use of Public Land (Local Approvals) Policy...................................................................... 9

8.2 Submission on Options Paper: Agriculture Land Use Planning Strategy.............................. 62

9 Staff Reports – Community, Culture and Leisure

9.1 Proposal to advocate for local involvement in review of the suitablity of the name of Ben Boyd National Park............................................................................................................................... 74

9.2 Proposed amendments to grants, awards and scholarships programs............................... 77

10 Staff Reports –Economic Development and Business Growth

Nil Reports

11 Staff Reports – Infrastructure Waste and Water

11.1 Community Project Proposals...................................................................................................... 86

11.2 Acquisition of easement to drain sewage................................................................................. 93

11.3 Twyford Hall consolidation........................................................................................................ 103

11.4 RFT 2021-52 - Eden aerobic tank diffuser replacement, rubber membrane replacement and concrete tank repairs............................................................................................................... 109

11.5 Bega Valley Local Traffic Committee........................................................................................ 115

11.6 Quaama Relief Centre Temporary Demountable Building................................................... 120

11.7 Bridges Funding............................................................................................................................ 125

11.8 Classification of land at Kiah...................................................................................................... 182

11.9 Proposed divestment of Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula............. 185

12 Staff Reports – Governance and Strategy

12.1 Australian Local Government Association (ALGA) 2021 National General Assembly - Call for Motions...................................................................................................................................... 204

12.2 Rates Notice Improvements...................................................................................................... 208

13 Staff Reports – Finance

13.1 Borrowing Procedure.................................................................................................................. 215

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

17.1 Cr Bain - Traffic Improvement Projects.................................................................................... 235

18 Questions without Notice

19 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public........................... 246

19.1 Debt write-off

This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

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 10 March 2021

Item 8.1

8.1. Draft Use of Public Land (Local Approvals) Policy

This report seeks endorsement from Council to publicly exhibit the draft Use of Public Land (Local Approvals) Policy.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to publicly exhibit the draft Use of Public Land (Local Approvals) Policy for a period of not less than 42 days.

2. That Council officers prepare a further report to Council following public exhibition that provides a final version of the Policy and proposed complimentary amendments to Bega Valley Local Environmental Plan 2013.

Executive Summary

Under section 68 of the Local Government Act 1993 Council may permit certain types of activity, including use of public land, without further approval, providing they are documented in an adopted Local Approvals Policy. Council officers have undertaken a comprehensive review of the use of public land approval process. It is now proposed to exhibit the draft Use of Public Land (Local Approvals) Policy to seek community feedback.

Background

Scope of the review of approvals process

Council officers have identified that there were a number of land uses that currently require approval via the development assessment pathway which could be assessed through a Local Approval pathway, which would enable the approval process to be more streamlined.

If amendments to Council’s current Local Approval process are supported, following public exhibition, an amendment to Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to expand the Exempt Development Schedule of BVLEP 2013 to include these additional land uses would be required. A further report to Council on these changes is proposed.

This review has not considered fees for use of public land. Consideration of these financial matters will be considered as part of the annual review of Council’s Fees and Charges for Financial Year 2022.

Summary of changes to the Local Approvals document

The draft Policy includes the following amendments to the current document:

· Restructured into three parts to reflect the requirements of the Local Government Act 1993,

· Updates to the interpretation table to improve consistency with relevant legislation,

· References to legislation to provide greater transparency and clarity,

· Expansion of activities permitted under Part 1 Exempt Activities including festive street decorations and guided walks,

· Inclusion of emerging land uses such as parklets, temporary art installations and planter boxes,

· Updates to specific assessment criteria to reflect existing guidelines, best practice and risk management.

Public Place Activation

The draft Policy attempts to provide opportunities for food and drink premises to play a larger and more visible role in the activation of the Bega Valley Shire’s public spaces. This will be achieved through al fresco dining, parklets, and more targeted opportunities for mobile food vending and fixed point of sale vending in proximity to our town centres, while limiting negative impacts upon established retail food and drink premises.

Mobile Food Vending Vehicles and Fixed Point of Sale Vending

Mobile food vending and street vending can be controversial, reflecting the extent of competing interests in this space. However, mobile food vending has been identified as an activity that can make spaces feel more welcoming and safer. Depending on how the various impacts from mobile food vending are managed, overall outcomes can be positive or negative. Policy settings are critical to balancing the various needs of vendors, residents and visitors, landowners and established businesses.

The draft Policy seeks to balance these competing interests by providing multiple opportunities for the safe operation of mobile food vending vehicles in the Shire, including:

1. Mobile food vending at approved markets or events,

2. Mobile food vending for the purposes of selling ice-cream from the road,

3. Exclusive use of an identified prime site, subject to a time-limited tenure agreement, and

4. Non-exclusive use of suitable locations (outside the prime sites), subject to a time-limited tenure agreement.

In relation to determining the identified prime sites and suitable locations, it is proposed that Council will uphold the current 500m exclusion zone from any retail food outlet selling a similar food product, except where there is a recognised demand not being met or where the applicant is the owner of a retail food outlet in the same town/village.

Parklets

A parklet is a retrofitted extension of the footpath area that extends out over one or two car parking spaces, resulting in a temporary widening of the footpath and providing an outdoor seating area in association with a café, restaurant or shop. The draft Policy provides a new approval pathway for parklets.

The intent of a parklet is to increase public space where footpath widths are limited, enhance street vibrancy, provide pockets of greenery and provide economic benefits to adjacent businesses. In the context of COVID-19, they can facilitate COVID-safe dining.

NSW Outdoor Dining Policy 2019

Council’s existing Local Approvals process reflects the provisions of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. In 2019, the NSW Small Business Commission released the NSW Outdoor Dining Policy 2019 to streamline and simplify the application process.

At this time, Bega Valley Shire Council has not opted into the State Policy and the approval pathway for outdoor dining is proposed to remain with Council. Table 1 identifies the key similarities and differences between Council’s draft Policy and the State Policy. The NSW Outdoor Dining Policy 2019 has been considered at length in the review of Council’s draft Policy.

Table 1 – Comparison between NSW Outdoor Dining Policy and proposed BVSC approach

Scope	NSW Outdoor Dining Policy	BVSC Draft Use of Public Land (Local Approvals) Policy
Maximum speed limit on Classified Road where Transport for NSW’s concurrence can be assumed	50km/hr (i.e. Pambula and Cobargo main streets, but not Bemboka)	No assumed concurrence from Transport for NSW. Council could seek to obtain concurrence.
Permitted hours of operation	Mon-Sat until midnight. Sunday until 10pm.	Same as approved operating hours, or if none, in accordance with Appendix 1: Use of Council Road Reserves Guideline.
Application fee required	No	Yes
Rent payable	No	Yes
Separate application required to extend boundary of liquor licence	No, application can be made to extend liquor licence as part of same application	Yes
Service NSW Business Concierge available to assist applicant	Yes	No
Assessment Timeframe	2 business days	10 business days

Other key considerations informing the review

Council’s proposed Use of Public Land (Local Approvals) Policy plays an important role in detailing how Council-managed land can be used for specific purposes. While the primary intention of the draft Policy is to support and encourage a broader range of activities on Council-managed land, in many cases the specifications and requirements listed in Council’s local approvals process have increased. This is in recognition of the extent of legislation that applies in the Use of Public Land policy space, and intention to gather all of the various legislative requirements into one location to provide certainty in the approval process.

Options

Options available to Council are to:

1. Place the draft Use of Public Land (Local Approvals) Policy on public exhibition for not less than 42 days. At the end of the exhibition period a further report would be submitted for Council consideration. This is the preferred option.

2. Resolve to make no changes to the adopted Procedure 4.101. Use of Public Land. This option is not recommended as the proposed draft Policy recommends additional uses be included as exempt development and provides an alternative, streamlined approval process for other activities.

Community and Stakeholder Engagement

Engagement undertaken

Engagement undertaken to date has included a workshop with Councillors; discussion with Sapphire Coast Destination Management and engagement with Council staff representing various land and property managers, economic development, traffic management, environmental health, building and compliance, rangers, community connections, planning, risk management, customer service and planning administration.

Engagement planned

The level of engagement appropriate to the draft Policy should be one that is appropriate to a broad audience, with some targeted engagement of key stakeholders that are more likely to be affected through a notification process. Key stakeholders that would be notified of the draft would include Chambers of Commerce, South East Arts, market operators and tourism bodies.

In accordance with Council’s Community Engagement Strategy, the engagement process should include informing and consulting, and therefore it is proposed to provide information about the draft Policy through Council News, Council website and social media, and a media release. Members of the community will be encouraged to participate through Council’s ‘Have Your Say’ page.

Financial and Resource Considerations

The review of Council’s Local Approvals process has been undertaken by staff. Costs to exhibit the draft Policy are included in Council’s adopted budget.

There are financial implications associated with the costs Council charges for use of public land. These implications will be considered in more detail, and subject to further public comment, as part of the development of Financial Year 2022 Fees and Charges.

Item	$ Excl GST
Expenditure Detail
Advertising	$500
Total Expenditure	$500
Source of Funds
General Fund	$500
Total income available	$500
Total Project Capital Cost	N/A
Total Available Construction Funding	N/A
Project Funding Shortfall	$0

Legal /Policy

The draft Use of Public Land (Local Approvals) Policy relates to Section 68 of the Local Government Act 1993. The draft Policy is informed by requirements of the Roads Act 1993, Roads Transport Act 2013, Food Act 2003, Crown Land Management Act 2016, Work Health and Safety Act 2011, Bega Valley Local Environmental Plan 2013 and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft Policy has been reviewed with consideration of the Bega Valley Community Strategic Plan 2040. Of relevance to this review are the following goals and strategies:

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

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

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

Strategy 7: Collaborate with relevant parties to promote opportunities that will grow and diversify our economy and provide employment…

In response to these strategic directions, the draft Policy has been updated with new aims that reflect the Community Strategic Plan’s goals and strategies:

a) Establish a land use framework that encourages a healthy and active lifestyle for all abilities,

b) Establish a land use framework that promotes opportunities to grow and diversify our economy and provide employment.

In order to achieve these aims, the draft Policy has been reviewed to:

· Clarify what activities Council will support,

· Provide certainty in the approval pathway,

· Ensure access and inclusion, and

· Manage risk, taking into consideration Council’s dual roles as landowner and consent authority.

The draft Policy has been reviewed with consideration of the relevant Actions of Bega Valley Local Strategic Planning Statement 2040, as follows:

· Action 7.2: Review Council’s Use of Public Land policy to identify opportunities to encourage al fresco dining and streamline the assessment of temporary uses, events and markets.

· Action 12.4: Review Council’s Use of Public Land policy to identify opportunities to encourage and streamline the assessment of temporary uses that add vitality and interest to town centres and contribute to the night-time economy.

Currently, under the parameters of existing legislation, many events and markets require development consent. To broaden the scope of markets and events that could be carried out without development consent would require an amendment to expand the Exempt Development Schedule of BVLEP 2013. As mentioned, further detail on this matter will be provided to Council after public exhibition of the draft Policy and consideration of the submissions received. Given that amending BVLEP 2013 will likely be a slow process, it is not recommended to hold up this review by trying to undertake that amendment prior to public exhibition of the draft Policy.

Environment and Climate Change

As part of the assessment criteria in Part 2 of the draft Policy in determining any application Council will take into consideration;

· The principles of ecological sustainable development (as defined in the definitions table), and

· Protection of the environment.

Economic

The draft Policy provides opportunities for food and drink premises to play a larger and more visible role in the activation of the Bega Valley Shire’s public spaces, through al fresco dining, parklets, and more targeted opportunities for mobile food vending and fixed point of sale vending. These activities contribute to the economy of the Shire and increase diversity of experience for residents and tourists alike. It is acknowledged that there is potential for mobile food vending to have negative impacts upon established retail food and drink premises. It is proposed that the current 500m metre buffer would remain in place and at the end of the exhibition period the further report to Council will include details of the suitable locations and prime sites.

Risk

Council is liable for any activity undertaken on public land or land under the care and control of Council. Without an adopted policy Council does not have a mechanism to regulate the approval process for activities on this land.

Social / Cultural

The draft Policy would provide for the activation of public spaces to provide alternative options for residents and visitors alike to gather. Outdoor dining and parklet opportunities would contribute to creating a more vibrant night-time culture.

Attachments

1 ⇩. Draft Policy 4.15 - Use of Public Land (Local Approvals)

Council 10 March 2021

Item 8.2

8.2. Submission on Options Paper: Agriculture Land Use Planning Strategy

Council has been invited to make a formal submission to the Options Paper: Agriculture Land Use Planning Strategy formulated by the NSW Department of Primary Industries.

Director Community Environment and Planning

Officer’s Recommendation

That Council provide a formal submission (Attachment 1) to the NSW Department of Primary Industries on the Options Paper: Agriculture Land Use Planning Strategy.

Executive Summary

The Options Paper: Agriculture Land Use Planning Strategy discusses options to address planning issues for agricultural land in NSW. One of these options is to create a State-wide policy that will ensure the long-term availability of productive agricultural land, reduce land use conflict and support dispute resolution, and support the growth of agriculture and regional economies.

Agriculture is an important sector to protect and enhance as it plays an important role in regional economic stability and growth and is crucial to the supply of food and fibre. Securing a State-wide policy that will provide guidance on agriculture land uses to support and enhance the agriculture industry will assist with the implementation of adopted strategic land use directions for the agriculture industry in the Bega Valley Shire.

Background

Department of Primary Industries (DPI) began drafting the State Significant Agricultural Land (SSAL) mapping in 2019 and during this time Council staff provided input to the draft mapping. DPI has placed this draft mapping on hold to initiate consultation on the Options Paper.

The Options Paper is based on a review of NSW Government’s Right to Farm Policy and informed by stakeholders on several research reports including the Australian Farm Institute’s Managing farm-related land use conflicts in NSW (2020).

The Options Paper discusses the following current policy concerns:

· There is no definition, identification or development protections for SSAL, which is leading to this land being lost to non-agricultural uses;

· There is no simple, accessible and impartial mechanism for farmers to resolve land use conflict regarding their operations;

· The planning framework does not reflect the needs of agriculture; and

· Local government plays a crucial role in regulating agriculture land use but can be risk averse and as a result can struggle to deliver broader NSW Government objectives to promote investment and jobs growth.

A proposed submission on the Option Paper is included as Attachment 1 to this report. The submission details support for elements of the various options proposed, provides comments regarding the effectiveness of the solution in mitigating or addressing the relevant uses, and suggests changes that might make the solutions more effective.

The comments are provided in the context of helping to achieve Council’s adopted priorities for supporting agriculture as a land use in the Bega Valley Shire, which include:

· Protecting large unbroken tracts of agriculture land and irrigable land along river valleys for future agriculture production;

· Promoting and prioritising the ‘right to farm’ over residential purposes in rural areas; and

· Encouraging new farming and agribusiness ventures on smaller parcels of agriculture land.

Options

Council could make a formal submission on the Options Paper to ensure an appropriate State-wide policy is created that supports Council’s adopted strategic land use directions for the agriculture industry in the Bega Valley Shire.

Should Council not make a formal submission into the Options Paper, a State-wide policy will be created without Council’s input. This policy may not align with Council’s adopted strategic direction for the agriculture industry in the Bega Valley Shire.

Community and Stakeholder Engagement

Engagement undertaken

Council staff provided input to the drafting of the SSAL mapping project in 2019. DPI has placed this draft mapping on hold to initiate consultation on the Options Paper.

Engagement planned

The proposed submission to the Options Paper (Attachment 1) includes suggestions that further consultation be undertaken with local government when DPI progresses with the detail of some of the suggestions contained in the Options Paper.

Financial and Resource Considerations

There is no cost to Council, other than staff time, to participate in drafting the submission and reporting the matter to Council.

Legal /Policy

The Options Paper will assist in the creation of a State-wide policy, mapping and supporting guidelines such as a State Agriculture Land Use Planning Policy and SSAL mapping. The Options Paper explores options to amend the State Environmental Planning Policy (Primary Production and Rural Development) 2019, the Standard Instrument Local Environmental Plan and other State Environmental Planning Policies.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Options Paper explores statutory and non-statutory options to amend the planning framework that will ensure the long-term availability of productive land, reduce land use conflict and support dispute resolution, and support the growth of agriculture and regional economies. The proposed submission to the Options Paper is aligned with the Bega Valley Community Strategic Plan 2040, Bega Valley Shire Local Strategic Planning Statement and Bega Valley Shire – Economic Profile. It is also strategically aligned with the South East and Tablelands Regional Plan 2036 and the Far South Coast Regional Economic Development Strategy 2018-2022.

Environment and Climate Change

The main objective of Option Paper is to protect and support the agriculture industry to become more resilient and adapt to impacts, including environment and climate change impacts.

Economic

Securing a State-wide policy that will provide guidance on agriculture land uses to support and enhance the agriculture industry is likely to present a positive economic benefit to the agriculture industry.

Risk

There are no material risks to Council of providing comment on NSW Government draft policy. Any State-wide policy will apply to lawfully approved development and is unlikely to create any additional risk to people or the environment.

Social / Cultural

Securing a State-wide policy will provide guidance on agriculture land uses to support and enhance the agriculture industry. Such an approach is likely to have positive social benefits to the local community involved directly or indirectly with the agriculture industry in the Bega Valley Shire. It may reduce the capacity of non-agricultural neighbours to address impacts of agriculture on their land.

Attachments

1 ⇩. Proposed Submission to Options Paper: Agriculture Land Use Planning Strategy

Council 10 March 2021

Item 9.1

9.1. Proposal to advocate for local involvement in review of the suitablity of the name of Ben Boyd National Park

Council’s Bega, Eden and Merrimans Aboriginal Liaison Committee has resolved to recommend that Council advocate to the NSW Government for local involvement in consideration of the suitability of the name of Ben Boyd National Park.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Write to the Minister for the Environment, The Hon Matt Kean MP, requesting that local Aboriginal people be involved in the current independent historical review of Ben Boyd’s activities and the appropriateness of the name of Ben Boyd National Park.

2. Provide a copy of Council’s correspondence to the Member for Bega and the Sapphire Coast Area Manager of the NSW National Parks and Wildlife Service.

Executive Summary

At its meeting of 28 January 2021, Council’s Bega, Eden and Merrimans Aboriginal Liaison Committee resolved to recommend to Council that it advocate for local involvement in current debate about the name of Ben Boyd National Park.

Background

Ben Boyd National Park, located around Pambula and Eden, was established in 1971 and covers an area of 10,485 hectares. The park is named after Mr Ben Boyd, a colonial pastoralist, whaler, trader and politician, who was elected to the NSW Legislative Council in 1844. Boyd’s business interests were supported by European, Aboriginal, Maori and Melanesian workers. In 1847, Boyd was criticised for importing 65 Melanesian workers, with allegations they were brought to Australia against their will. These charges were investigated in 1847 by the then Attorney-General and found not to be substantiated. Since then, these allegations have been made by various parties.

In response to recent concerns about the appropriateness of naming a National Park after Boyd, Minister Kean appointed an independent historian to investigate these allegations and make a recommendation about whether Ben Boyd National Park should be renamed.

The NSW Government has a park naming policy, which identifies that parks should be named to acknowledge natural and cultural values of the area. Under section 30A of the National Parks and Wildlife Act 1974, park names are assigned by and can be changed by the Governor of NSW, with the concurrence of the Geographical Names Board of NSW.

Council’s Aboriginal Liaison Committee has requested that Council advocate on behalf of local Aboriginal people for local involvement in this process.

Options

Options available to Council are to support the Bega, Eden, Merrimans Aboriginal Liaison Committee’s recommendation, not support it or propose an alternative course of action.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have not undertaken broader community consultation on this matter. The intent of this recommendation is to seek community input into the suitability of the current park name.

Engagement planned

Should Council resolve to support the recommendation, Council officers will engage with the local member, the Minister for the Environment and the local office of the National Parks and Wildlife Service.

Should the Minister for the Environment support Council’s representations, broader engagement with the local community would take place.

Financial and Resource Considerations

There are no material financial or resource considerations associated with the proposal. Representations on behalf of Council’s Aboriginal Liaison Committee would be undertaken with existing staff resources allocated to support the Committee and implement Council’s Memorandum of Understanding with Local Aboriginal Land Councils.Legal /Policy

The proposal is consistent with the NSW Government’s naming policy for National Parks and the review currently being undertaken by the Minister for the Environment.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal is consistent with Council’s adopted Memorandum of Understanding with Local Aboriginal Land Councils. It supports Goal 1, Strategy 2 of the Bega Valley Shire Community Strategic Plan: Respect and promote our cultural heritage and support cultural diversity.

Environment and Climate Change

The recommendation does not have any direct implications for the environment or climate change.

Economic

The recommendation does not have any material implications for the local economy.

Risk

There are no significant risks associated with the proposal, which seeks to include local Aboriginal people in the current review of the history of Ben Boyd’s impact on local Aboriginal people. Should the Minister’s review find that the name should be changed, there is some risk that the proposal will create disharmony within the local community, among those for and against the review findings.

Social / Cultural

While Ben Boyd is remembered as a significant figure in the colonisation of the local area, there are aspects of his legacy that are contested. In the lead up to the 50^th anniversary of the establishment of Ben Boyd National Park, the current historical investigation presents an opportunity for truth-telling around the impacts of colonisation.

Attachments

Nil

Council 10 March 2021

Item 9.2

9.2. Proposed amendments to grants, awards and scholarships programs

This report recommends that Council seek community feedback on proposed amendments to Council’s grants, awards and scholarships programs

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Consolidate the existing Awards and Scholarships Committee, Bega Valley Medallion Committee and various grant determination processes into a Grants Committee comprised of Councillors and senior staff, and an Awards Committee comprised of Councillors and members of the community.

2. Note Council’s support for the diverse range of community-led events across the Bega Valley Shire that are held on Australia Day, ANZAC Day and NAIDOC Week, and include funding for these events in Council’s annual budget process.

3. Publicly exhibit for not less than 42 days proposed changes to Council’s grants, awards and scholarships programs, as identified in this report, which in summary are to:

a) Amend delivery of Council’s community grants and scholarships program in response to community feedback

b) Combine Council’s annual Local Awards and Bega Valley Medallion Awards (with retention of the Bega Valley Medallion Award name) and discontinue Council’s annual Sportsperson of the Year Award

c) Hold one major annual ceremony to award the Bega Valley Citizen of the Year, Senior Citizen of the Year, Young Citizen of the Year and Medallion Awards, and conferral of citizenship

d) Hold minor citizenship ceremonies on the date not adopted for the Shire’s main awards ceremony and on other dates throughout the year, subject to demand and the requirements of the Australian Department of Home Affairs

e) Determine whether the date of the major annual ceremony is 26 January (Australia Day) or 17 September (Citizenship Day).

4. Request a further report to Council following the conclusion of the public exhibition period.

Executive Summary

This report recommends that Council seek community feedback on proposed amendments to Council’s grants, awards and scholarships programs.

Bega Valley Shire Council (BVSC) currently delivers $247,500 annually through its grants and scholarship programs to support community groups and organisations to deliver outcomes for the community. The programs have undergone a staff review, with community input, that has highlighted opportunities for improvement in operation, delivery, governance and BVSC recognition of the programs. This report proposes to seek community feedback on the proposal to deliver grants and scholarships that are more responsive to community needs and more closely aligned to BVSC’s strategic priorities.

This report also proposes changes to BVSC’s current citizen of the year, Bega Valley Medallion awards and citizenship conferrals. The changes proposed seek to elevate the significance of citizenship within the current ceremony and consolidate Council’s community awards. Feedback from the community is sought on whether this major awards ceremony should be held on Australia Day, with increased recognition of the significance of this day for local Indigenous people, or on Citizenship Day.

Background

Grants and Scholarships

Grant programs are mechanism to enable the community to deliver projects and programs that address local needs. BVSC currently delivers seven regular community grant programs, plus ad hoc small grants linked to one-off funding opportunities. BVSC also provides matching contribution to the Mumbulla Foundation to deliver the Mumbulla community grant program. In addition, BVSC delivers two annual scholarship programs. The current grant and scholarship programs have evolved over the last 10 years or more. These programs (Table 1) currently provide $247,500 per annum of funding to over 100 local community initiatives across the Shire.

Table 1 – Current Council community grants and scholarships programs

Council Community Grant Programs
Program	Annual Spend ($)	Source of Funds	Governance
Youth Week	$5,000	General Fund	Senior staff sign off
Seniors Week	$10,000	General Fund	Senior staff sign off
Waste Assistance	$30,000	Waste Fund	Senior staff sign off
Festivals & Events	$75,000	General Fund & Waste Fund	Councillors & Senior staff sign off
Environment	$50,000	Environmental Levy	Councillors & Senior staff sign off
Heritage	$20,000	General Fund & NSW Grant	Senior staff sign off
Access and Improvement	$20,000	General Fund	Council sign off
Mumbulla	$30,000	General Fund	GM sign off
Sub- Total	$240,000
Council Scholarship Programs
Young Women	$2,500	General Fund	Senior staff sign off
Further Education	$5,000	General Fund	Senior staff sign off
Sub-Total	$7,500
Combined Total	$247,500

Since 2019, BVSC’s grant and scholarship programs have been supported by a Grant Administration Officer, who’s role is to administer the programs on behalf of individual grant program owners across BVSC. After two years of having one person administer almost all of Council’s grant programs the efficiency gains for the grant owners are being realised but most valuably it has provided a great platform to see the opportunities that can be made to improve the grant programs and maximise impact for both community and Council.

Since being in the role, the Grant Administrator Officer has been able to connect with the community groups, organisations and individual applicants across most of the grant programs and has noted reoccurring issues raised by staff and community with the current grant programs. These are:

· Inconsistent governance processes across the grant programs

· Limited post-grant evaluation

· Inflexible guidelines that generally don’t respond to changing community or BVSC priorities

· Limited recognition for BVSC

· Community find the opening and closing dates are confusing, with over 10 grant programs opening at various times across the year it is hard to keep track of when the grants and scholarships are open or closed.

· The funding is available at different times of the year making it difficult for community groups to plan their projects.

· Not all applicants have the skills to understand and respond to the questions in the applications or complete a project budget resulting in incomplete or difficult to assess applications.

· Grant recipients don’t always comprehend what a grant is and the requirements they need to meet as part of the grant agreement.

Awards

BVSC currently delivers Bega Valley awards, typically awarded on Australia Day each year, and Bega Valley Community Service Medallion Awards, usually awarded annually in Volunteer Week (April-May). Both awards seek to recognise outstanding service within the Bega Valley community.

The Bega Valley awards currently comprise the Bega Valley Citizen of the Year, Senior Citizen of the Year, Young Citizen of the Year, Sportsperson of the Year and Local Awards. Nominations are sought from the community for worthy recipients, with the awardees determined by Council’s Awards and Scholarships Committee. This committee is comprised of four Councillors and a senior member of staff.

The Bega Valley Shire Community Medallion has a very similar target audience to the Bega Valley Local Awards. It seeks to recognise outstanding volunteer service across the community. The awards are determined by the Bega Valley Medallion Committee, which is comprised of the Mayor and five community representatives.

Citizenship is conferred to new citizens by local government under delegation from the Australian Government. Only the Mayor and Deputy Mayor may perform the conferral. The Australian Government requires that citizenship ceremonies are held on Australia Day (26 January) and Citizenship Day (17 September). Councils may offer other citizenship ceremonies at other times, subject to demand.

Options

Options available to Council are to:

1. Adopt the recommendation to seek feedback on proposed changes to BVSC’s grants, awards and scholarships programs.

2. Continue to deliver grants, awards and scholarships in the current manner. This is not recommended as improvement opportunities have been identified.

3. Amend the recommendation. Councillors would need to identify these amendments.

Community and Stakeholder Engagement

Engagement undertaken

Grants and Scholarships Program

BVSC officers initiated a review of the grant and scholarship programs to identify improvement opportunities. This included council staff feedback sessions and community survey conducted in October 2020 sent to all previous grant and scholarship applicants over the past two years. The survey response rate was 23% and the key outcomes were:

· 72% said “it is difficult to keep track of when grants are opening and closing”

· 86% said “it would be easier if all grants were open at the same time”

· 85% said “for planning purposes it would be easier to know if project was funded at the start of the financial year”

Specific comments include:

· A streamlined grant application and time would be helpful for planned community projects

· Having a contact person is very helpful. A single point of contact.

· I found the whole process quite easy. Each of the council employed staff involved were competent and very helpful.

· The funding through the Community Environment Grants enables our volunteers to feel valued and helps them to achieve very real environmental gains in the bush, riparian and coastal zones that are under their care. Great program. Thanks BVSC.

The proposed changes to the grant and scholarship program arising from this consultation with staff and applicants are to:

· Align multiple grant streams into one coherent, multi-streamed program with one clear opening and closing date to create a 12‑month replicable cycle of administrative activities.

· Standardise governance framework, with determinations made by new s355 Grants Committee of Council on recommendations by staff subject matter expert panels to develop a consistent best practice approach across all grant programs.

· Provide non-competitive allocation for regular significant community activities supported by BVSC, such as NAIDOC week, ANZAC Day and Australia Day

· Annually review grant funding priorities and guidelines

· Allow applications for multi-year funding

· Develop and apply a consistent template for post-grant evaluation

· Transfer the current scholarships program and budget to the Mumbulla Foundation

· Have BVSC administer Mumbulla grants, on behalf of Mumbulla Foundation and BVSC, as part of the proposed integrated grants program.

Councillors were involved in a workshop on 3 February 2021 to discuss the proposed recommendations presented in this report.

Awards

BVSC has received feedback from local Aboriginal people and Council’s Bega, Eden, Merrimans Aboriginal Liaison Committee that the current Australia Day civic event does not suitably acknowledge the impact of colonisation on local Aboriginal people. There has also been a trend for people across the community to participate in community events, such as the Merimbula and Cobargo Australia Day events and the Bermagui Sorry Day event. There has been an associated decline in participation at the civic event held in Bega (although the 2020 and 2021 events, both of which focused on Black Summer remembrance, reversed this trend).

In late 2019, BVSC engaged with organisers of Australia Day events to determine their interest in BVSC involvement in their events. Feedback was received from eight parties involved in the Bega, Cobargo and Merimbula events. All of these respondents were supportive of community events, with attendance by Council to confer citizenship where possible (noting only two Councillors have delegation to do this). The Bega Chamber indicated that it would be willing to deliver a Bega community event (which has been traditionally coordinated by BVSC), with transitional support.

Engagement planned

It is proposed that the changes to BVSC’s grants, awards and scholarships programs outlined in this report be publicly exhibited, with a further report to Council incorporating the outcomes of that consultation process.

Financial and Resource Considerations

The proposal does not seek to change the current contribution to community grants, awards and scholarships. BVSC currently spends around $260,000 annually on grants, awards and scholarships. In 2021, this budget was supplemented by a range of one-off grants to support bushfire and Covid-19 recovery. Council will consider the budgetary allocation in the draft 2022 budget.

At this time the proposal does not seek to change the financial and resource considerations associated with these programs. It does seek to introduce efficiencies to the programs, which are likely to reduce staff workloads.

Item	$ Excl GST
Expenditure Detail
Grants and scholarships	$247,000
Australia Day awards	$7,182
Bega Valley Medallion awards	$0
Citizenship ceremonies	$5,175
Total Expenditure	$259,357
Source of Funds
General Fund	$259,357
Total income available	$259,357
Project Funding Shortfall	$0

Legal /Policy

Provision of grants, scholarships and local awards are discretionary activities for BVSC.

A pledge of commitment is a mandatory part of citizenship conferral in Australia, and the vast majority of these conferrals are conducted by local government. Should a local government wish to hold citizenship ceremonies, it is required to hold them on both Australia Day and Citizenship Day. Welcoming new citizens to the Bega Valley is an important responsibility and celebration for BVSC.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Grants, scholarships and local awards seek to support the community of the Bega Valley and contribute to all six outcomes of the Bega Valley Community Strategic Plan:

1. Active and healthy communities

2. Employment and learning opportunities

3. Sustainable living

4. Liveable places

5. Connected communities

6. Strong, consultative leadership

Environment and Climate Change

There are no material environment and climate change impacts associated with the recommendation.

Grant programs provided by BVSC contribute directly to improved environmental outcomes for Bega Valley Shire. Environmental impacts are considered as part of award event planning.

Economic

There are no material economic impacts associated with the proposal.

BVSC’s contribution to grants, scholarships and awards directly contributes to local economic activity.

Risk

Public exhibition and delivery of grants, awards and scholarships are regular activities of BVSC. The recommendation does not materially change those risks.

Social / Cultural

Public exhibition of proposed changes to BVSC’s grants, awards and scholarships program provides an opportunity for community feedback.

These programs contribute to the social fabric of the Shire, add value to community effort, and recognise community service.

Attachments

Nil

Council 10 March 2021

Item 11.1

11.1. Community Project Proposals

This report provides a summary of Community Project Proposals received between 26 October 2020 and 18 February 2021 for Council’s information and consideration.

Director Assets and Operations

Officer’s Recommendation

1. That Council note the report and the attached Community Project Proposal summary.

2. That the proposal for the memorial walk at Beach Street Merimbula have in principle support to enable grant funding submissions, noting ongoing operational costs and future asset renewal by the applicant, with further development of engineering plans to be provided for approval.

3. That it is noted the proposal for the Tathra Headland pathway bicycle parking stands has merit and that bike racks be included in future planning for the area.

4. That the proposal for Sapphire Local Hero's volunteer track be given in principle support to enable more detailed project development and scoping and subject to approvals. Further project concepts to be reported back to Council for consideration and final approval including information and recommendations on management of the section that crosses private land. All project costs to be funded by the applicant.

5. That the proposal for Eden Fitness trail public artwork is supported.

6. That the proposal for Yowrie Road upgrade is supported in principle by Council and is dependent on external grant funding, and Council note that a letter of support has been provided to assist in funding applications.

7. That the proposal for shade trees at Wolumla Recreation Ground is supported by Council.

8. That the proposal for Eden Swimming Pool kitchen upgrade is supported by Council, with project costs to be funded by the applicant.

9. The proposal for a woodfired pizza oven at Towamba Playground is not supported by Council noting this would require it to be removed. The installation of the permanent external power outlet is supported subject to it being relocated to a more suitable position on site to be approved by Council staff. The new concrete pathway is supported by Council.

10. That the proposal for replacement of decking at Pambula Surf Life Saving Club be supported by Council, with costs to be funded by the applicant and Council note that a letter of support has been provided to assist in funding applications.

11. That the proposal for renewal of Aslings Beach Eden Rock Pool not be supported by Council due to predicted high whole of life costs and risk, but note the exceptional quality of the application.

12. That the proposal for Merimbula Beach Street engraved pavers be supported by Council.

13. That the proposal for Towamba Hall upgrade has in principle support for the applicant to apply for external grants noting Council doesn’t have financial resources to support or staff resources to assist with grants.

Executive Summary

The community plays an important role in helping Bega Valley Shire Council (BVSC) identify and deliver new and/or improved community facilities. The Community Project Proposal (CPP) process seeks to provide a consistent framework for Council to receive and consider a wide range of projects proposed by the community. These projects can range from minor asset renewals to major new works. Council officers have reviewed the proposals received and a Summary and Assessment Sheet is attached. The summary sheet includes an assessment of the projects and comments which then inform the Officers Recommendations in this report. It is understood that some projects can initially seem to have merit and have high levels of interest from the applicant, however on assessment of resourcing, costs ongoing asset management and levels of use it is recommended by staff that those projects are not supported or prioritised by Council. A hard copy of the detailed proposals has been distributed to all Councillors. A summary sheet of the proposals is attached to this report.

Background

Council is ultimately responsible for all works on BVSC managed land including compliance; maintenance; upkeep; and safety. Regardless of the project size, all works proposed for BVSC managed land need to be considered in the context of available funding, procurement, risk management, work health and safety, environmental considerations, approvals, compliance, and ongoing maintenance and renewal. It is also important to consider how the proposed projects can link and add value to other planned Council works.

An important part of the CPP Procedure involves reporting proposals to Council; particularly where projects are complex, will result in changed use or amenity and/or will require resourcing and support from Council. Those proposals that are straight forward, not requesting funding from Council and/or are directly related to planned works, are often reviewed and approved by Council officers. For these types of projects letters of support are often provided to applicants after General Manager approval to enable them to progress with grant funding applications. This enables groups to proceed with those straightforward proposal works in a timely manner.

The level of information included in the proposal needs to be relevant to the scale and complexity of the project but at a minimum, be sufficient to allow the merits and issues of proposal/s to be understood by Council officers and Councillors. Thorough proposals will clearly show the merit of the project, outline what is being requested and identify potential issues and how they have been addressed. The initial assessment by Council officers seeks to minimise wasted effort (or expense) on proposals that may not obtain approval due to funding, planning or other reasons.

Eleven (11) submissions received between 26 October 2020 and 18 February 2021. They are:

· Beach Street Memorial Walk

· Tathra Headland pathway bicycle parking stands/racks

· Sapphire Local Hero's - Volunteer Walk connecting Tura Beach, Mirador & Merimbula

· Eden Fitness Trail Public Artwork toilet block

· Upgrade of Yowrie Road

· Shade trees Wolumla Recreation Ground dog training enclosure

· Eden Swimming Pool replacement kitchen

· Pizza Oven, pathway & power installation at Towamba Playground

· Replacement of existing decking at Pambula Surf Life Saving Club

· Restoration, redevelopment and access to Aslings Beach Eden Rock Pool

· Merimbula Tourism Beach Street engraved pavers project

The Towamba Hall upgrade has not been submitted as a community project proposal, but as a Hall Committee project proposal and includes modifications of steps, installation of blinds and air conditioning, heating upgrade and internal painting of hall. The applicant has requested a letter of support for grant funding submissions. The grant funding required is for a 50% co - contribution which the 2021/22 maintenance program does not cover. As such the recommendation is for the project to have in principle support for the applicant to apply for external grants noting Council doesn’t have financial resources to support or staff resources to assist with grants.

Future proposals will continue to be presented on a quarterly basis for Council consideration.

Proposal Consideration and Assessment

Attached to this report is a summary and assessment of the CPPs received including comments and recommendations. The assessment provides a rating against the following project items:

· Asset Renewal. Is it renewing an existing asset or an upgrade? Is the work linking to a required renewal from asset register?

· Provision/Use/Value. Is the project relevant to current community needs? Will the facilities be well used? Will the community be getting good value? Is the opportunity cost to other projects and groups fair and acceptable?

· Links to other plans and works. Are the works linked to adopted Strategic Plans, Facility Management Plans or asset renewals or planned maintenance programs?

· Project Scale. How large is the project?

· Project Approval Complexity. Will the project require Environmental and Heritage approvals? Cultural Heritage approvals? Crown Land approvals? Council Development Application approval?

· Requested BVSC Funding. Are funds requested from Council? Are related funds allocated in budgets for asset renewals or maintenance? Is there good value in the funding level requested?

· Likely BVSC Involvement. Is labour or material required to assist the project? Are resources such as grant submission assistance required? Is direction required in the approvals processes?

· Ongoing Operations. What will be the cost to Council to maintain the asset?

Options

The challenge in considering CPPs is to give them the consideration they deserve, consider risks and work out where they fit with other planned and programmed works, particularly if the proposal requests a contribution from Council in terms of funding or staff resources. Council has an option to contribute to requests; however, this will come at the expense of other required and planned asset renewal and Capital Works Programs. Project management time is also an important consideration as promoting or adding a project to current workloads will influence the completion of other planned and programmed projects.

Realistically, Council does not have the resources to meet all requests in terms of capital funding, project management or ongoing asset management. There is not a set amount of resources put aside to support Community Project Proposals.

An important benefit of the CPP process is that Council can consider these aspects, what is a reasonable provision of assets and provide relevant direction and support which then better enables the community groups to develop their project and look to the most realistic methods for delivery of projects that will deliver well used assets into the future.

Community and Stakeholder Engagement

In developing the CPP Procedure, consultation was undertaken with - Council's Access and Inclusion Committee, the S355 Sportsground Committee and a workshop involving representatives of service organisations from across the Shire.

The CPP Form includes a section on stakeholder engagement in which the applicant can identify the consultation they have undertaken with other users and neighbours and feedback they have received in the development of their proposal. Some proposals will require further community consultation as the project develops.

An overview of the CPP process, the CPP Procedure and online CPP Application form are available on Council’s website. Links to this information is often distributed to community members when making enquiries about undertaking works on Council managed land.

Engagement planned

Applicants are notified of the outcome of their proposals and are forwarded a copy of the Council resolution. A Council staff member is identified as a point of contract for the project or other related information.

Financial and Resource Considerations

Council has not budgeted funds to support CPPs; however, some proposals may align with the BVSC maintenance programs, scheduled asset renewals or grant programs. The level of resourcing and contribution sought from Council is an important aspect for consideration.

Council resources are limited and favouring any one project over another is likely to affect or defer the delivery of other planned and programmed works. That is not to say a BVSC contribution is not possible. This is particularly the case where a project links to asset renewals and maintenance programs and the BVSC contribution represents ‘good value’. However, this needs to be subject to funding being available.

Committees, community groups and volunteers often seek funding and grant opportunities to support their project proposal. The first step is gaining Council support for works on Council managed land. This also helps to see the project scope is clear and complete and the resources identified are enough to complete the works.

Project costs and amounts requested from BVSC are included in the attached Summary Sheet.

Legal /Policy

Council’s Procedure 4.01.3 Community Project Proposals is published on the Council website.

Works on public land can trigger legislative requirements related to environment and heritage, native title, accessibility and Building Code compliance, planning and development approvals and in some instances, approvals from the landowner or manager.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Delivery Program 2017 – 2021 Goals are:

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

Goal 12: Our Council is financially sustainable, and services and facilities meet community need.

Operational / Asset Management Plan

Council’s annual Operational Plan is developed alongside a Resourcing Strategy which outlines how actions and activities will be financed, assets managed, and services delivered.

Asset management and Capital Works Programs are primarily based on renewal and improving existing assets (e.g. replacing existing aging assets). A large majority of projects proposed by the community relate to new works or significant upgrades of existing assets and as such are not included in Capital Works Programs.

Individually most projects have merit, reflect current community interests and deserve consideration. However, Council needs to be aware that continuing to expand its asset inventory comes at a future cost in terms of both ongoing operations and future asset renewals.

The Project Summary Sheet asset management assessment reflects if the project is a direct renewal of an existing asset, an upgrade of an existing asset or is developing a new asset.

Environment and Climate Change

As part of community project proposal process applicants are expected to outline any environmental benefits or risks associated with their proposals. It is noted that some of the projects presented in this report are related to responding to the impacts of bushfires in parts of the Shire and in particular projects where community groups have submitted Bush Fire Local Economic Recovery Fund applications.

Some projects can trigger the need for environmental and or cultural heritage assessments. This work can require specialist consultancy and be an unexpected requirement for the applicant; however, these assessments are necessary to see that the project will not have any unintended consequences on the surrounding area.

Economic

The community project proposals outline to varying degrees the economic benefits associated with the respective proposals. Several of the proposals presented in this report are tourism related and aimed at enhancing the tourism experience within the Shire.

Risk

A key aspect of the CPP Procedure and process is aimed at mitigating risk. Examples of the risks that need consideration in relation to any project are:

· The costs and considerations surrounding BVSC’s ongoing asset management/liability.

· Project oversight and the need to gain relevant approvals and compliance.

· The costs and expectations associated with the ongoing operations, maintenance future renewal of any new asset.

· Possible shortfalls in proposal cost estimates.

· Potential expectations that BVSC will cover any potential project shortfalls.

Of the projects contained within this report there is considered to be higher risk regarding the proposal for Towamba Pizza Oven. It is noted that Council does not currently manage wood fired pizza ovens. Operation and use may develop unique risks for this asset. Should this proposal be supported it should be subject to provision of use and operation risk management plans identifying responsibility for use and management of the Pizza Oven for approval by Council staff.

Social / Cultural

The community project proposal process provides an opportunity for community groups to present ideas and projects that enhance the social and cultural richness of our Shire for Council consideration. The projects referred to in this report outline the social and cultural benefits of the respective projects to varying degrees.

Attachments

1 ⇩. Community Project Proposal summary sheet

Council 10 March 2021

Item 11.2

11.2. Acquisition of easement to drain sewage

Council approval is being sought to formalise the acquisition of an easement to drain sewage over private land at 31 Upper Street and 31 Gordon Street, Bega.

Director Assets and Operations

Officer’s Recommendation

1. That Council enter into a formal Deed of Agreement with the landowners of Lot 32 DP 632880 at 31 Upper Street, Bega for the acquisition of an easement to drain sewage for a value of $13,000 plus GST.

2. That Council enter into a formal Deed of Agreement with the landowners of Lot 1 DP 195797 at 31 Gordon Street, Bega for the acquisition of an easement to drain sewage for a value of $500 plus GST.

3. That all costs associated with the creation and grant of the easement including Council’s legal costs, survey work, plan preparation and registration fees be borne by Council.

4. That the General Manager and/or Mayor be authorised to execute the necessary documentation to effect creation of the easements.

Executive Summary

In consultation with the landowners of Lot 32 DP 632880 at 31 Upper Street, Bega and Lot 1 DP 195797 at 31 Gordon Street, Bega emergency works were undertaken to repair a sewer pipe. As a result, Council now has sewer infrastructure located in private property and needs to put a formal easement in place to protect Council’s interest in the land.

Background

In March 2019 Council officers were called to a sewer spill in Bega as a result of a failed sewer pipe. Council officers assessed the pipe as not being repairable. Emergency pump out facilities and temporary toilets were installed to provide continued service to impacted customers. It was determined that the best method to restore the system was to install a new pipe along the back of 31 Gordon Street, Bega and connect into an existing manhole at the back of the property.

As the works were emergency works Council officers progressed with the repair works and advised the impacted landowners of the intention to acquire an easement over the infrastructure to enable construction and ongoing access to the infrastructure into the future.

In July 2019 Caddey Searl and Jarman were engaged to prepare the necessary plan for registration at Land Registry Services (LRS), a copy of the draft plans are attached for the information of Councillors. Following receipt of the draft plans Opteon Property Group were engaged to prepare formal market valuations for the easements.

Following receipt of all necessary documentation Council’s legal representatives were engaged to prepare Deeds of Agreement for execution by the landowners. Council has now received one of the executed Deeds back which needs to be counter signed by the General Manager and/or Mayor.

Options

The options available to Council are:

1. Proceed with the acquisition of an easement over affected properties as detailed for the purposes of protecting Council’s sewer infrastructure into the future; OR

2. Advise the landowners that Council does not agree to progress the acquisition of an easement over its infrastructure. Noting this option does not protect the future of our sewer infrastructure in the private land parcels.

Community and Stakeholder Engagement

Engagement undertaken

Consultation with the landowner, external legal providers, surveyors and valuers has taken place since 2019 in relation to this matter. The landowners have advised Council’s solicitor they wish to proceed with formalising the easement over the sewer infrastructure.

Engagement planned

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

Financial and Resource Considerations

Council will bear full responsibility for all costs associated with establishing the easement, including any survey works, plan preparation, registration fees and legal costs (including the landowners reasonable legal costs capped at $1,500). All costs associated with creation of the easement will be funded from Council’s sewer fund.

Formal valuations have been obtained from Opteon Property Group to determine the compensation payable to the landowners pursuant to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). The valuations provide a compensation amount of $13,000 plus GST to the owners of Lot 32 DP 632880 at 31 Upper Street, Bega and $500 plus GST to the owners of Lot 1 DP 195797 at 31 Gordon Street, Bega.

Council Property officers and external legal panel providers will be required to finalise the relevant documentation to complete the acquisition.

Legal /Policy

It is a requirement under the Local Government Act 1993 (NSW) (LG Act) that Council resolve to acquire land and interests in private property.

If Council approval is granted, the acquisition will proceed by way of agreement with the affected landowners and Deeds of Agreement will be entered into, setting out the undertakings to do all things necessary to effect registration of the easement. The surveyor appointed by Council has completed the required survey and prepared the plan of easement to drain sewage, to ensure Council’s easement requirements are met.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The works align with Council’s commitment to provide sustainable, cost-effective sewer services to meet present and future community needs, whilst adhering to relevant Council and NSW State Government policies, environmental legislation, licence requirements and environmental guidelines.

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

Environment and Climate Change

There is no environment and climate change matters associated with the proposed creation of an easement.

Economic

There are no economic matters associated with the proposed creation of an easement.

Risk

Council’s sewer infrastructure is currently sitting on privately owned land with no formal arrangement in place to protect the asset.

Social / Cultural

There are no social / cultural matters associated with the proposed creation of an easement.

Attachments

1 . Opteon valuation report for acquisition of easement over Lot 32 DP 632880 at 31 Upper Street, Bega (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.

2 . Opteon valuation report for acquisition of easement over Lot 1 DP 195797 at 31 Gordon Street, Bega (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.

3 ⇩. Draft plan of proposed easement within Lot 1 DP 195797

4 ⇩. Draft plan of proposed easement within Lot 32 DP 632880

Council 10 March 2021

Item 11.3

11.3. Twyford Hall consolidation

A Council resolution is sought to consolidate the Twyford Hall Complex land parcels, being Lot 1 and 2 DP 504572, Lot 511 DP 818052 and Lot 513 DP 858364 to resolve boundary fire protection issues.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council approve the proposed consolidation of the Twyford Hall Complex land parcels, being Lot 1 and 2 DP 504572, Lot 511 DP 818052 and Lot 513 DP 858364.

3. That all costs associated with this matter, including all legal costs, survey work, plan preparation and registration fees be borne by Twyford Hall Incorporated.

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

Executive Summary

A formal request has been received from Twyford Hall Incorporated for approval to consolidate the Twyford Hall Complex land parcels to resolve boundary fire protection issues which will allow certification of the ‘Theatre Twyford’ development.

Any decision to deal in land must be made by resolution of Council as the power cannot be delegated.

Background

Bega Valley Shire Council (BVSC) is the registered proprietor of the Twyford Hall Complex in Merimbula, being Lot 1 and 2 DP 504572, Lot 511 DP 818052 and Lot 513 DP 858364.

Council resolved at its Ordinary Meeting of 25 October 2017, when considering the options for the ongoing management of the Twyford Hall Complex in Merimbula, as follows:

1. That Council note the report.

2. That Council enter into a management deed with Twyford Hall Inc. to manage the Twyford Complex for a period of 15 years (5+5+5years).

3. That the General Manager and Mayor are authorised to execute the required documentation.

4. That Council staff work with Twyford Hall Inc. to bring a further report to Council on the question of ownership of the Twyford Complex.

Following the resolution, Council entered into a Deed with Twyford Hall Incorporated (THI) on 27 November 2017. Pursuant to the Deed all management responsibilities for the complex have been delegated to THI. THI is a non-profit incorporated association that manages the operation, development and maintenance of the complex on behalf of Council for the benefit of the community. Council also adopted a Plan of Management dated 9 November 2010, for the use and development of the community land and facilities which THI are required to adhere to in managing the complex.

THI lodged a Development Application 2007.144 with BVSC to develop ‘Theatre Twyford’ which was originally approved on 7 August 2007 as a Deferred Commencement consent. An Operational Consent was acknowledged on 19 December 2014. The consent has been modified on several occasions, most recently on 21 August 2019.

In 2018, the NSW State Government announced a grant of $7.4 million from the Regional Communities Development Fund towards the cost of building the Theatre. Construction is well underway with completion due by April 2021, with fit-out completion following that.

THI have formally approached Council regarding consolidation of the Twyford Hall Complex land parcels, being Lot 1 and 2 DP 504572, Lot 511 DP 818052 and Lot 513 DP 858364. Certification of the theatre development cannot be progressed without resolving the boundary fire protection issues. There is an allotment boundary through the middle of the building and under the Building Code of Australia (BCA) there should be either a building setback from that boundary for fire separation or be fire separated with the use of a fire wall. The fire wall would no doubt be an expensive option as it would have to go from the underside of the floor to the underside of the roofing material. Any openings in that wall would also need to have a fire rating i.e. doorways etc. The idea of consolidating the land parcels would remove that dividing boundary requirement and in doing so, remove the BCA requirement.

THI have engaged the services of Caddey Searl and Jarman to prepare the necessary plan of consolidation who have confirmed with NSW Land Registry Services (NSW LRS) that a compiled plan will be acceptable in this instance. Attached is a copy of the draft plan of consolidation which now needs Council endorsement to be registered at NSW LRS.

Options

The options available Council are as follows:

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

2. Decline to accept the recommendation provided by Council officers to consolidate the Twyford Hall Complex land parcels. Noting the BCA requirements associated with certification of the ‘Theatre Twyford’ development.

Community and Stakeholder Engagement

Engagement undertaken

Internal consultation has occurred with Councils planning team regarding the consolidation requirement and discussions held with representatives from THI regarding the consolidation process.

Engagement planned

Staff will continue to liaise with THI representatives, surveyors and legal representatives to progress the consolidation of the land parcels.

Financial and Resource Considerations

In accordance with the Deed THI retains all payments in relation to the use of the complex on trust for Council for the purpose of delivering the management services under the Deed. This includes the income received from the commercial premises associated with the complex. As THI have requested the proposed consolidation of land to enable certification of the theatre development all costs associated with the proposal will be the responsibility of THI.

Legal /Policy

In accordance with section 377(1) of the Local Government Act 1993 (NSW) (LG Act), any decision to deal in land must be made by resolution of Council as the power cannot be delegated.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Following registration of the attached plan of consolidation all documentation associated with the Twyford Hall Complex will be updated in due course to reflect the new title details.

Environment and Climate Change

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

Economic

There are no economic matters associated with the proposed consolidation of land.

Risk

If the consolidation of land cannot be progressed a fire wall would no doubt be an expensive option which would have an adverse impact of THI ability to deliver the ‘Theatre Twyford’ development within budget.

Social / Cultural

There are no social / cultural matters associated with the proposed consolidation of land however there may be impacts if the consolidation is not progressed.

Attachments

1 ⇩. Draft Plan of Consolidation of Lots 1 and 2 DP 504572 Lot 511 DP 818052 and Lot 513 DP 858364

Council 10 March 2021

Item 11.4

11.4. RFT 2021-52 - Eden aerobic tank diffuser replacement, rubber membrane replacement and concrete tank repairs

This report details the outcome of evaluation of Tender RFT 2021-52 for the Eden Aerobic Tank Diffuser Replacement, Rubber Membrane Replacement and Concrete Tank Repairs and recommends award to the preferred tender.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendations in the Confidential Memorandum.

2. That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 2021-52 for Eden Aerobic Tank Diffuser Replacement, Rubber Membrane Replacement and Concrete Tank Repairs, in the amount of <insert> (including GST), subject to provisional sums, variations, and prime cost items.Z

3. That authority be delegated to the General Manager, or in the General Manager’s absence the Director Assets and Operations, to execute all necessary documentation.

4. That all tenderers be advised on Council’s decision.

Executive Summary

This report details the outcome of evaluation of Tender RFT 2021-52 for the Eden aerobic tank diffuser replacement, rubber membrane replacement and concrete tank repairs. The scope of this tendering involves cleaning out the sludge in the bottom of the tank, supply and Install (replace) EDI diffusers, supply and install replacement pipework associated with diffusers, repair all concrete joints associated with Tank 1, supply and install (replace) two x rubber membrane for the decanter in Tank 1 with the same type boots and all required testing and commissioning.

RFT 2021-52 was advertised 6 January 2021, via Council’s Website and the VendorPanel marketplace. The request was released as an Open Tender. A compulsory site meeting was held at Eden STP on 20 January 2021 where seven (7) distinct companies attended. Tenders closed 3 February 2021 with three (3) submissions received from:

· Aquatec Maxcon

· Liquitek

· Liquitek (alternative tender)

Background

The diffusers of Eden Sewer Treatment Plant (STP) extended aeration tank number one (EAT 1) are due for renewal. The diffusers in EAT 2 were renewed in 2019. Photos of the EAT 2 renewal are below.

Figure 1 – Eden STP EAT 2 aerator replacement in 2019 with crane and EAT 1 in operation.

Figure 2 – Eden STP EAT 2 aerator replacement in 2019 during renewal works in the tank.

Three (3) responses were received and a tender evaluation was completed on 9 February 2021.

The primary process of sewage treatment at Eden STP is extended aeration. The focus of aeration is to reduce the concentration of ammonia in the influent to 2mg/L as per the EPA licence for Eden STP (90^th percentile). The diffusers are now due for renewal as indicated by age, an increase in failure rate and uneven air pattern.

To take advantage of the EAT being offline and empty for the replacement of the diffusers, the decanter membrane will be replaced, and internal concrete repairs undertaken.

These works must be programmed to align with an off-peak period (winter) where flows are reduced due to lower tourist numbers. Eden STP EAT 2 will treat all the incoming sewerage for the period of works while EAT 1 is offline.

The tender submissions were assessed against the following evaluation criteria:

Tender Evaluation
Criteria	Weighting
Price	50%
Non-Price	50% - as below
Project Experience	22%
Project Functionality	23%
Local Community Benefit	5%
WH&S	Compliant
Total	100%

Options

Doing nothing will result in greater power use and eventual frequent failure to meet licence conditions and pollution to the environment.

EAT 2 diffusers have already been replaced and so joint procurement is not an option.

Lower quality diffusers have been considered at a slightly cheaper price but are not recommended by staff due to lower efficiency of air transfer.

Significant aeration process philosophy change (e.g. surface aerators or jets) have not been considered for this renewal project as this would require significant modelling and commissioning.

No other options have been considered.

Community and Stakeholder Engagement

Discussion with internal BVSC staff only required. No significant community impacts or consultation required.

Engagement undertaken

Consultation with internal stakeholders from the sewer treatment management team, helped deliver a scope of work. Consultation continued and relevant members from the treatment division were present at the mandatory pre-tender site meeting.

Engagement planned

BVSC treatment team to notify EPA of proposed works.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Eden Aerobic Tank Diffuser Replacement, Rubber Membrane Replacement and Concrete Tank Repairs	< to be inserted >
BVSC technical staff and project management	20,000
Contingency	20,000
Total Expenditure	40,000 + tender price

Source of Funds
Approved Budget 2020/2021 (WO 7857) “Eden STP EAT Renewal” – Sewer Fund	40,000 + tender price
Total income available	40,000 + tender price

Total Project Capital Cost	40,000 + tender price
Total Available Construction Funding	40,000 + tender price
Project Funding Shortfall	$0

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Renewal	The existing Asset Management (AM) plan allows for this work There are no additional renewal costs because the works are replacing existing assets which are in Council’s AM plan
Annual maintenance and operational costs	Maintenance and operational cost as current AM and operational plans
Depreciation costs	<insert tender price> / 6 years
User charges (annual income)	As per sewer charges

Legal /Policy

The tender process complied with the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Environment Protection Authority – Licence number 1740

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The objective of the project is to allow BVSC to maintain levels of service.

Delivery Plan Outcome 4, Goal 8, Activity 4.8.7 – Operate and maintain water supply and sewerage system assets.

Environment and Climate Change

Aeration is required to bring ammonia levels to below 2mg/l (90^th percentile) as per the Eden STP EPA licence. Due to age, the current diffusers are not operating efficiently resulting in increased risk of non-compliance with our EPA licence as well as increased power usage due to longer runtimes for blowers.

Renewal of the diffusers will significantly reduce the risk of potential non-compliance ammonia levels during extreme high flow periods. If the diffusers are not replaced, then power consumption will continue to increase, as well as failing to treat sewage. Adequate treatment of effluent is critical to ensuring the impact on the environment is minimised.

Economic

Local contractors are nominated to complete works as a result of this renewal activity.

Risk

Contractor and material availability remain uncertain for the planned shutdown if there are boarder closures or supply chain disruptions due to COVID.

The condition of the tank is unknown exactly and will be inspected when empty. The 5m dividing wall between the two EAT tanks will be charged on the wet side and the amount of repair work that can be completed without risk of failure is limited.

The existing diffusers were supplied and installed by the previously contracted operator and the work as executed drawings are not available.

Replacement of EAT 1 diffusers will prevent an increased risk of non-compliance with the Eden STP EPA licence. As well, internal concrete repairs to the surface of the tank will maintain the structural integrity of the concrete, decreasing the risk of a raw sewage spill to the environment or a catastrophic failure.

During works, EAT 2 will be responsible for the full aeration process. Normal operation is to have both EATs operating in tandem. Works will occur during low flow times (winter) to reduce the load on the single EAT. Excess flow will be managed within the plant and pump stations to ensure the EPA license is not exceeded during upgrades. This is the same process that occurred in 2019 to replace EAT 2 diffusers and was a success.

Social / Cultural

This work will ensure that Council is able to continue to provide high quality sewage treatment services to the community, protecting our natural environment and retain the appeal of the Bega Valley as a place to visit and reside.

Attachments

1. Confidential attachment to Council Report RFT 2021-52 Eden Aerobic Tank Diffuser Replacement, Rubber Membrane Replacement and Concrete Tank Repairs (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

Council 10 March 2021

Item 11.5

11.5. Bega Valley Local Traffic Committee

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee.Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 3 February 2021 to be tabled at the 10 March 2021 Council meeting.

Tathra Mountain Bike Enduro – 12-13 June 2021 - Long weekend or 18-19 September 2021

The Tathra Mountain Bike Club request approval for June long weekend but have also requested the September dates in the event that the June event needs to be cancelled due to unexpected weather conditions. The Enduro will commence at the Tathra Country Club. It is proposed to use a section of Andy Poole Drive and Bay Drive to Mogareeka as well as rural gravel roads, fire trails and off-road single tracks.

Recommendation

That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 12 June and Sunday, 13 June 2021 be approved. If the event is unable to proceed on Saturday, 12 June and Sunday, 13 June 2021, then Saturday, 18 September and Sunday, 19 September 2021 be approved as alternate dates for the event.

That the event be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan in accordance with Transport for NSW (TfNSW) Traffic Control Manual.

That the Traffic Control Plan is to reflect the following:

a) All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

b) Use of cycle track is not available for racing purposes, as it is set aside for casual users.

That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate TfNSW accreditation.

That organisers fully implement an approved Special Event Transport Management Plan.

That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW by name for the event.

That organisers have written approval prior to conducting the event from the NSW Police, the NSW National Parks and Wildlife Service, and the NSW Department of Primary Industries, Crown Lands.

That the event organisers advertise the change to traffic conditions for the event.

That local emergency services and transport operators be notified prior to the event.

Approval subject to current Traffic Control Plan (TCP).

That the event operates strictly under the NSW Health Department COVID19 conditions.

A copy of the submission is in link below and marked ‘Attachment 5.1’.

Attachment 5.1: https://begavalley.nsw.gov.au/page.asp?f=RES-SHA-05-80-51

ANZAC Day March and Service 2021 – Bega Valley Shire Area

A submission has been received for the 2021 ANZAC Day Services in the following locations:

Wolumla: 8.45am Assemble at Wolumla Hall – March from Wolumla Hall along Bega Street to the Wolumla Memorial.

Bega Dawn Service: 5.30am Assemble at Mitre 10 Auckland Street Bega – March to Carp Street Bega Memorial.

Bega: 10.30am Assemble at Gipps Street Bega – March down Carp Street to Bega Memorial

Bemboka: 10.30am Assemble – Opposite Hobbs Store Loftus Street Bemboka – March to Bemboka Memorial.

Tathra Dawn Service: 5.50am Assemble at Memorial for Dawn Service

Tathra: 7.30am Assemble at Anglican Church Bega Street, Tathra – March to Tathra
Memorial.

Please Note: All Anzac Day Traffic Control Plans will be prepared and provided by Council staff prior to the date.

Recommendation

That the proposed traffic arrangements for the Bega RSL Sub Branch ANZAC Day March and Service in Bemboka be approved and deemed a Class 1 Special Event.

That the proposed traffic arrangements for the Bega RSL Sub Branch ANZAC Day Dawn
Service, March and Service in Bega, ANZAC Day Dawn Service, March and Service in Tathra
and Wolumla be approved and deemed a Class 2 Special Event.

That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra, Bega Street and Wolumla Road in Wolumla be temporarily closed on Sunday, 25 April 2021 for the Bega RSL Sub Branch ANZAC Day proceedings, as per the Traffic Control Plans.

That the temporary closure of the Snowy Mountains Highway, Bemboka is solely for Transport for NSW determination.

Approval subject to current Traffic Control Plan (TCP). Each of the above are using Local RFS

for this.

That the event operates strictly under the NSW Health Department COVID19 conditions

A copy for each submission is in link below and marked ‘Attachment 5.2’.

Attachment 5.2: https://begavalley.nsw.gov.au/page.asp?f=RES-KRA-52-46-27

ANZAC Day March & Service 2021, Candelo RSL

A submission has been received from Candelo RSL Sub Branch for the 2021 ANZAC Day Service only. The Service will be conducted at the War Memorial, concluding at 12.00pm.

Recommendation:

That the proposed traffic arrangements for the Candelo RSL Sub Branch ANZAC Day Service on Sunday, 25 April 2021 be approved and deemed a Class 2 special event.

That the section of William Street, Candelo between the intersections of Hood Street and Queen Street be temporarily closed on Sunday, 25 April 2021 for the Candelo RSL Sub Branch ANZAC Day Service, in accordance with Traffic Control Plan.

Approval subject to current Traffic Control Plan (TCP).

That the event operates strictly under the NSW Health Department COVID19 conditions.

A copy of the submission is in link below and marked ‘Attachment 5.3’.

Attachment 5.3: https://begavalley.nsw.gov.au/page.asp?f=RES-OWJ-64-57-30

ANZAC Day March & Service 2021 – Merimbula & Pambula

A submission has been received from Merimbula RSL Sub Branch for the 2021 ANZAC Day Dawn Service in Merimbula and the main March and Service in Merimbula and Pambula.

The Merimbula Dawn Service will be held between 5.30am and 7.00am and will require the closure of Beach Street, Merimbula between the intersections of Alice Street and Main Street from 5.30am to 7.30am.

The Pambula March will assemble on Quondolo Street (Princes Highway), Pambula from 8.40am and proceed at 9.00am to the War Memorial for the Service. The March and Service will require the closure of Quondolo Street, between the Oregon Street and Bullara Street intersections, from 8.30am to 10.15am. Princes Highway traffic will be diverted to Merimbola Street.

The Merimbula March will assemble at the Merimbula RSL Club at 10.40am and proceed at 11.00am along Main Street, Market Street and Beach Street concluding with a Service at the War Memorial. The closure of Main Street and Market Street, Merimbula will be required for the duration of the March only, while Beach Street will be closed between the Alice Street and Main Street intersections from 10.30am to 12.15pm for the Service.

Recommendation:

That the proposed traffic arrangements for the Merimbula RSL Sub Branch ANZAC Day Dawn Service, March and Service in Merimbula on Sunday, 25 April 2021 be approved and deemed a Class 2 special event.

That the proposed traffic arrangements for the Merimbula RSL Sub Branch ANZAC Day March and Service in Pambula on Sunday, 25 April 2021 be approved and deemed a Class 1 special event.

That sections of Main Street, Market Street and Beach Street, Merimbula and Quondolo Street (Princes Highway), Pambula be temporarily closed on Sunday, 25 April 2021 for the Merimbula RSL Sub-Branch ANZAC Day Dawn Service, March and Service in Merimbula and March and Service in Pambula, in accordance with the Traffic Control Plans.

That the temporary closure of the Princes Highway, Pambula is a matter solely for Transport for NSW Road Occupancy Licence determination.

Approval subject to current Traffic Control Plan (TCP).

That the event operates strictly under the NSW Health Department COVID19 conditions

A copy of the submission is in link below and marked ‘Attachment 5.4’.

Attachment 5.4: https://begavalley.nsw.gov.au/page.asp?f=RES-YRY-57-42-13

ANZAC Day March & Service 2021 – Cobargo

A submission has been received for the 2021 ANZAC Day Service in Cobargo. The March will commence at approximately 10.30am from the Cobargo School of Arts and travel along Cobargo Bermagui Road, Princes Highway and Tarlinton Street, Cobargo to the Memorial. The Service will be held off street, on private property.

Recommendation:

That the proposed traffic arrangements for the Cobargo RSL Sub Branch ANZAC Day March on Sunday, 25 April 2021 be approved and deemed a Class 1 special event.

That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Sunday, 25 April 2021 for the Cobargo RSL Sub Branch ANZAC Day March, in accordance with Traffic Control Plan.

That the temporary closure of the Princes Highway, Cobargo is solely for Transport for NSW determination.

Approval subject to current Traffic Control Plan (TCP).

That the event operates strictly under the NSW Health Department COVID19 condition.

A copy of the submission is in link below and marked ‘Attachment 5.5’.

Attachment 5.5: https://begavalley.nsw.gov.au/page.asp?f=RES-HBK-21-15-86

ANZAC Day March & Service 2021 – Bermagui

A submission has been received for the 2021 ANZAC Day Service in Bermagui. The March will commence at approximately 10.00am from the chemist shop up Lamont Street to the Memorial opposite the caravan park. The Service will be held off street.

Recommendation:

That the proposed traffic arrangements for the Bermagui RSL Sub Branch ANZAC Day March
on Sunday, 25 April 2021 be approved and deemed a Class 1 special event.

That sections of Lamont Street from Wallaga Street to Pacific Drive, Bermagui be temporarily closed on Sunday, 25 April 2021 for the Bermagui RSL Sub Branch ANZAC Day March.

Approval subject to current Traffic Control Plan (TCP)

A copy of the submission is in link below and marked ‘Attachment 5.6’.

Attachment 5.6: https://begavalley.nsw.gov.au/page.asp?f=RES-QQT-74-68-40

ANZAC Day March & Service 2021 – Eden.

We have received the paperwork for the Eden ANZAC day march.

The submission is for the 2020 ANZAC Day Service in Eden. The participants will assemble from 10.00am, with the march to proceed between 10.00am and 12.00pm along Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden.

Recommendation:

That the proposed traffic arrangements for the Eden RSL Sub Branch ANZAC Day March on Sunday, 25 April 2021 be approved and deemed a Class 2 Special Event.

That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Sunday, 25 April 2021 for the Eden Sub Branch ANZAC Day March, in accordance with the Traffic Control Plans.

Approval to be given subject to a current Public Liability Insurance Certificate.

A copy of the submission is in link below and marked ‘Attachment 5.7’.

Attachment 5.7: https://begavalley.nsw.gov.au/page.asp?f=RES-SIB-85-70-51

Executive Summary

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

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

Attachments

Nil

Council 10 March 2021

Item 11.6

11.6. Quaama Relief Centre Temporary Demountable Building

The proposal for the Quaama Bushfire Relief Centre to operate from a temporary demountable building located on the grounds of the Quaama hall site is no longer progressing and a resolution of Council is being sought for the continued use of the hall by Quaama Bushfire Relief Centre.

General Manager

Officer’s Recommendation

1. That Council notes the proposal for the Quaama Bushfire Relief Centre to operate from a temporary demountable building located on the grounds of the Quaama hall site is no longer progressing.

2. That Council provide Quaama Bushfire Relief Centre continued use of the Quaama hall kitchen and supper room for a further three (3) month period with an extension for a maximum of a further three (3) month period under a formal hall hire agreement at the rate of $36 per half day or $61.50 per day as detailed in Council’s adopted fees and charges.

Executive Summary

On 28 October 2020, Council resolved to approve a proposal for Quaama Bushfire Relief Centre to operate from a demountable to be located on the Quaama School of Arts land parcel. On 09 December 2020, Council officers were advised that the demountable installation would not proceed.

Since that time, the Quaama Bushfire Relief Centre has ceased use of the main hall and is using the kitchen and supper room by agreement with the hall committee, including variations to Council’s adopted fees and charges that Council has not, as required, resolved to approve.

Council officers are seeking a resolution of Council for the continued use of the hall by Quaama Bushfire Relief Centre to formalise this arrangement.

Background

Council resolved at its Ordinary Meeting of 28 October 2020, when considering the options for Quaama Bushfire Relief Centre use of the Quaama Hall site, as follows:

1. Note the proposal for the Quaama Bushfire Relief Centre to operate from a temporary demountable building to be located on the grounds of the Quaama Hall for a period of between six and twelve months, and through this to enable the hall to be more fully available for community use.

2. Note the background information on actions and considerations by Council staff in response to the proposal, including outcomes of the related community consultation and proposed conditions to ensure appropriate management and remediation occur.

3. Resolve to approve the proposal.

4. Delegate to the General Manager and Mayor authorisation to execute a formal Deed of Agreement setting out the terms and conditions for the Quaama Bushfire Relief Centres operating from a demountable on the Quaama School of Arts land parcel being Lot 1 Sec 3 DP 758860 for a period of six months with an option for a further two six month extensions as detailed in this report.

Following the resolution, Council officers engaged the services of legal representatives to prepare a formal Deed of Agreement setting out the terms and conditions for the Quaama Bushfire Relief Centre operating from a demountable on the Quaama School of Arts land parcel. The formal Deed of Agreement was provided to Sapphire Community Projects Incorporated for execution on 24 November 2020.

On 09 December 2020 the Quaama Bushfire Relief Centre advised Council officers that they were unable to secure the agreement of their incorporated organisation partners to proceed with signing the Deed on behalf of the Quaama Bushfire Relief Centre, and that it had been decided not to proceed with the demountable installation.

Council officers have been advised that Quaama Bushfire Relief Centre has ceased use of the main hall and that this has enabled increased community use of the hall. Council officers were also advised that the hall committee held discussions with the Quaama Bushfire Relief Centre on arrangements for the continued partial use of the hall facilities, to support bushfire recovery activities, including agreeing to the hire of the supper room and two side rooms at a rate of $80 per month.

The hall committee has written to Council officers in support of the above arrangements and noted:

1. The vital importance of the benefit the Quaama Bushfire Relief Centre provides to bushfire impacted residents and the limited donated funds available for its operations.

2. The hall committee’s commitment to the needs of all hall users and the considerable effort they’ve made as volunteers to enable increased use of the hall to bring the community together, while also supporting bushfire impacted residents.

3. An increasing number of community projects are occurring or planned that will use the hall with regularly scheduled weekly, fortnightly and monthly events.

As outlined in the legal/policy section of this report, neither the Hall Committee or Council officers are authorised to negotiate hall hire fees, therefore Council direction is being sought in this regard.

Council direction is also sought regarding the extended time period that the hall facilities can be used for the purpose of operating a bushfire relief centre. As noted above, Council previously resolved that the Quaama Bushfire Relief Centre could operate on the hall grounds from a demountable for a period of between six and twelve months. A hire agreement for partial use of the hall facilities for a period of up to six months is proposed.

Options

The options available to Council are:

1. Provide the Quaama Bushfire Relief Centre continued use of the Quaama hall kitchen and supper room for a further three (3) month period with an extension for a maximum of a further three (3) month period under a formal hall hire agreement at the rate of $36 per half day or $61.50 per day as detailed in Council’s adopted fees and charges; OR

2. Provide the Quaama Bushfire Relief Centre continued use of the Quaama Hall kitchen and supper room for a further three (3) month period with an extension for a maximum of a further three (3) month period under a formal hall hire agreement at the reduced rate of $80 per month. In resolving to adopt this option, Council will need to identify the source of funds to offset the hire rate reduction; OR

3. Advise the Quaama Bushfire Relief Centre that Council no longer supports the continued use of the hall for this purpose; OR

4. Other options as resolved by Councillors.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the ongoing use of the hall and issues related to Council’s fees and charges policy with representatives of the Quaama Bushfire Relief Centre and the Quaama Hall Committee. Officers have since followed up with the Hall Committee to advise that a decision of Council is needed regarding hall hire fees below the adopted fees and charges.

Engagement planned

Council officers will be required to liaise with the Hall Committee and representatives from the Quaama Bushfire Relief Centre in relation to a hall hire agreement if the use of the supper room and kitchen is to continue. The Quaama Bushfire Relief Centre will also be directed to Council’s Policies and Procedures for requests for financial assistance for a contribution to hall hire fees if necessary.

Financial and Resource Considerations

There is a financial cost to Council as a result of the demountable not proceeding, as legal fees totalling $5,737.05 have been outlaid to external legal providers to prepare the Deed. This cost is currently allocated against the Federal Government funding provided to Council through the Bushfire Recovery – Exceptional Assistance Immediate Support Package.

In addition, Council is yet to receive the hall hire fees paid by Quaama Bushfire Relief Centre since 07 May 2020. The Quaama Bushfire Relief Centre has advised that the hall hire fees have been paid to the Hall Committee and Council officers are following up on the transfer of the payment to Council.

Resolving to provide the hall hire at a reduced rate will have an adverse impact on the financial position of the hall. The higher use of the hall as a result of Quaama Bushfire Relief Centre operations has increased the electricity usage at the hall. Council will need to identify the source of funds to offset the revenue forgone as a result of the reduction in hire fees. There is a sub meter on the hall electrical switch board for use of the air-conditioning, however funds associated with this use have not been remitted to Council by the hall committee to date with full electricity costs going towards the hall operating costs.

Council’s adopted fees and charges for the Quaama School of Arts Hall are as follows:

Hire of Supper Room/Kitchen:

Half day - $36.00

Full day - $61.50

Per hour - $7.50

Item	$ Excl GST
Expenditure Detail
Legal fees – preparation of deed	$5,737.05


Total Expenditure	$5,737.05

Source of Funds
Category D – Recovery Exceptional Assistance Immediate Support Package to Local Governments	$1,300,000.00
Less Expenditure to date	$980,709.00
Legal fees – preparation of Deed for Quaama Relief Centre as above	$5,737.05
Total funding available	$313,553.95

Legal /Policy

Council’s hall committee management structure is based on two levels of committee; a community committee for each individual hall and a general halls and buildings committee (a section 355 committee). The Community Hall Committee Guidelines and Operations Manual states as follows:

3.3 Committee roles and responsibilities

The roles and responsibilities of the Hall Committees as delegated by resolution of Council are:

· The general care and maintenance of the facility,

· The management of bookings for the broader community’s use of the facility, collecting fees from hire.

· Financial delegations for incidental purchases of up to $100.00.

· Authorisation of essential emergency repairs where Council’s after hour’s assistance line is unable to coordinate emergency repairs.

4.2 Fees and charges

Fees and charges for all bookings must be charged at the rates resolved by Council as stated in Council’s schedule of fees and charges (available from Council or as published on Council’s website). This is a requirement of Section 377 of the Local Government Act which states that Council cannot delegate the making of a charge or the fixing of a fee.

Requests for Council donations towards fees and charges

Requests to reduce or waive fees by individuals, community groups and/or charities may be made in writing to the General Manager, Bega Valley Shire Council.

Hirers requesting information from Committees regarding reduced or waived fees should be directed to Council’s Policies and Procedures for Requests for financial assistance. Requests should be made at least one month prior to the event where possible using the appropriate forms available on Councils website or at a Council office.

If the request for a donation is successful, the approved donation amount will be transferred into the committee’s income allocation number. This process ensures that Committees are not out of pocket as a result of any reduced fees or charges paid by the hirer.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community halls contribute to all six outcomes of the Bega Valley Community Strategic Plan:

1. Active and healthy communities

2. Employment and learning opportunities

3. Sustainable living

4. Liveable places

5. Connected communities

6. Strong, consultative leadership

Environment and Climate Change

There are no expected environment and climate change impacts related to the recommendation.

Economic

There are no expected economic impacts related to the recommendation.

Risk

There are no expected changes to risk issues for Council related to the recommendation. If Council resolves to provide the hall hire at a reduced hire rate, there is potential to create a precedent for other hall committees, which in turn may have an adverse impact on the financial position of those halls and on Council’s ability to maintain cost neutral facilities.

Social / Cultural

Community halls provide an important place-based asset within the community for social and cultural development to occur. The recommendation does not alter the manner in which community halls enable this community development.

Attachments

Nil

Council 10 March 2021

Item 11.7

11.7. Bridges Funding

The purpose of this report is to seek direction in relation to bridges funding being offered to Council under the NSW Government Fixing Country Bridges Program.

Director Assets and Operations

Officer’s Recommendation

It is recommended that:

1. Council accept the funding being offered under the NSW Governments Fixing Country Bridges Program

2. Note that it is unlikely the Pretty Point Bridge Project will be funded under the Fixing Country Bridges Program given construction has commenced

3. Endorse replacing the current single lane timber Cuttagee Bridge with a two-lane concrete bridge that is sympathetic to heritage and tourism values of the Tathra-Bermagui Road tourist route acknowledging that the existing bridge is not feasible to retain and endorse lodgement of a Development Application for the demolition of the bridge

4. Engage a heritage consultant to work with Council and the community to identify how to reflect heritage and tourism values in any new structure and a coastal engineer to assist Council to determine an appropriate design that addresses identified coastal hazards at this location

5. Delegate the General Manager to form a community advisory group to provide guidance on how best to capture the heritage of Cuttagee Bridge

6. Lodge an application to the Building Better Regions Fund for Cuttagee Bridge replacement and associated works

7. Commit to allocating funds or borrowing any potential shortfall required between grant funding and the cost of replacing Cuttagee Bridge

8. Write to the NSW Government reinforcing the value of the Fixing Country Bridges Program, thanking them for recognising the need to replace timber bridges across the Bega Valley and advocating for continuation of the program

Executive Summary

Council has approximately 56 timber bridges across the Shire in varying conditions with the average condition continuing to deteriorate. Council’s current bridge asset replacement values are in the order of $40M, which is a considerable proportion of general fund assets. These figures are based on pre-fire data and some of the bridges are in various states of repair as a result of fires.

As was experienced during last summer’s fires and subsequently with flooding, timber bridges are generally less resilient to natural disaster and environmental conditions than concrete structures. They also generally place a higher whole of life cost burden than concrete structures.

This report outlines recent progress and proposed further progress to address the significant financial burden and risk associated with managing our timber bridge network.

Background

When the NSW Government Fixing Country Bridges Program (FCBP) was announced Council submitted 14 applications to the program with details included in the table below:

Proposed Group 1 (BVSC delivery)	FCB Funding ($k)	Fed Contribution ($k)	BVSC Contribution ($k)	Estimated Project Cost ($k)	Comments
Murrabrine Ck, Wandella Rd, Cobargo	5,700	2300	0	8,000	2 lanes + 3m footway, 2x18m spans, utilise abutment B. Critical access structure.
Pretty Point Bridge, New Buildings Rd, Wyndham	0	400	400	800	Complete Unibridge project. No trusses. Note Work in Progress, so will not receive FCB $
Logans Bridge, Pericoe Rd, Towamba	325	0	75	400	Replace existing 1 span with new concrete.
bid88, Nungatta Rd, Nungatta	100	0	50	150	Replace existing 1 span with new concrete box culverts
Bens Creek, Pericoe Rd, Towamba	175	0	40	215	Replace existing 1 span on existing concrete substructure, possibly box culvert.
Saddle Camp Ck, Barratts Rd, Bemboka	85	0	15	100	Replace existing 1 span with new concrete box culverts
Proposed Group 2 (Contract Package)
Yowaka River, Nethercote Rd, Nethercote	400	0	50	450	New deck on existing concrete substructure
Johnston Ck, Garfields Rd, Numbugga	450	0	100	550	Replace existing 2 spans with new 18m span concrete bridge
Buckajo Ck, Buckajo Rd, Buckajo	450	0	75	525	Replace existing 2 spans with new 18m span concrete bridge
Meringola Gully, Buckajo Rd, Buckajo	450	0	75	525	Replace existing 2 spans with new 18m span concrete bridge
Wonboyn River, Wonboyn Rd, Narrabarba	510	0	90	600	Replace existing 1 span with new concrete. Raise approaches if possible.
bid89, Old Soldiers Rd, Wolumla	195	0	35	230	Replace existing 1 span with new concrete box culvert causeway
bid98, Red Hill Rd, Bournda	205	0	45	250	Replace existing 1 span with new concrete box culvert causeway
Cuttagee, Tathra Bermagui Rd, Cuttagee	7,500	0		11,500	Replace existing 10 spans with 2 lanes + footway, 6 x 16.5m spans.
TOTAL	16,545	2,700	1,050	20,295

Details on the program can be found at: https://www.rms.nsw.gov.au/business-industry/partners-suppliers/lgr/grant-programs/fixing-country-bridges-program.html#:~:text=Fixing%20Country%20Bridges%20is%20a%20%24500%20million%20NSW,condition%20and%20better%20connect%20regional%20and%20rural%20communities.

In addition to the fixing FCBP, Council had also submitted funding applications to the Federal Bridges Renewal Program (BRP) with one of those applications being successful for Pretty Point Bridge to the value of up to $500,000 with a maximum percentage of 50% of the actual project cost. It is estimated the final cost of this project will be approximately $900,000 (note this figure is higher than was submitted at the time of Fixing Country Bridges).

Council had also received confirmation after the last Federal election that a contribution of $3.0M would be provided towards Murrabrine Creek Bridge at Cobargo and Whipstick Bridge on Mount Darragh Road.

Options

There are several options associated with this report. There are two broad options with the first to accept some or all of the funding on offer and the second to not accept any of the funding offered noting this will have significant detrimental long term financial and service consequences.

With respect to Cuttagee Bridge in particular, there are further detailed options or scenarios each with different risks and consequences with some of those outlined below:

Scenario 1:

That Council decides to proceed with the replacement of the existing single lane timber bridge with a two-lane concrete bridge in accordance with the preliminary design as attached to this report and which the funding offer is based on. This would involve either lodging a planning proposal to have Cuttagee Bridge removed from the local heritage register and Local Environment Plan (LEP) or lodging a development application for the demolition and cosntruciton of the bridge in accordance with the requirements of the LEP noting that as it is in the coastal zone it will require a DA. Under this scenario there is still a risk that Transport for NSW will not support the funding of the bridge until heritage matters are resolved one way or another. This may then have the consequence of the bridge remaining unfunded and at risk of future closure or the need to find alternative funds for major maintenance as an interim measure until funding can somehow be secured via other means.

Although there is a chance a future round of Fixing Country Bridges will be made available there is no guarantee Cuttagee Bridge will be funded in the future.

There will be time required either to undertake a Planning Proposal or to have a Development Application lodged and assessed although it is likely that a Planning Proposal would be more complicated and take longer than the Development Assessment process.

Scenario 2:

Council defers considering the future of Cuttagee Bridge.

Scenario 3:

Council seeks to replace the bridge with a similar structure which again would almost certainly jeopardise any grant funding offer and lead to unaffordable ongoing costs.

Scenario 4:

Council makes the decision to consider assessing the future of the entire Tathra- Bermagui Road as a long-term viable piece of infrastructure to support within a coastal hazard risks assessment of the Cuttagee/Barraga Bay area.

Community and Stakeholder Engagement

Engagement undertaken

To date there has been limited broad engagement undertaken given the relatively short timeframe available to advise the NSW Government on whether Council intends to accept the funding offered.

It is anticipated that the majority of the community will be supportive of the bridges being replaced, however it is highly likely there will be some concern over the local heritage listing of Cuttagee Bridge and how the heritage of the bridge can be best recognised. It is also anticipated there may be some community conflict between the relative heritage value and the asset and public risk aspects of the bridge.

Although there is mention of replacing Cuttagee Bridge in several key plans and strategies of Council that had engagement and consultation there was limited explicit mention that this would involve demolition of the timber bridge.

Engagement planned

It is proposed to engage a heritage consultant to work with the community to identify the best ways to capture the heritage of Cuttagee Bridge recognising that it is not viable for the bridge to be retained.

It is proposed that a meeting would be held with the broader community to explain and inform why the bridge can’t be retained in its current form. It is also proposed that a smaller community reference group would be formed to provide guidance and input into how the heritage and value of the bridge can best be captured and recognised.

Should Council endorse lodging a DA for the demolition of Cuttagee Bridge it is also likely there will be a public notification and submission period.

Further information on specific bridges and any potential impacts will be provided as each of the projects progress noting every effort will be made during construction to minimise impacts

Financial and Resource Considerations

As outlined in the table below the majority of the estimated costs of delivery of the projects are already accounted for within existing adopted budgets. There are some contributions required under the Fixing Country Bridges funded projects which are included in existing budgets. It is important to note some of the figures in the table below vary slightly from those in the table included in the background section of this report due to some variation between the time of grant submissions and now.

It is anticipated that there may be a funding gap between the amount applied for under the Fixing Country Bridges Program and what is required to construct the new Cuttagee Bridge. For Council to receive the funding under the Fixing Country Bridges Program there must be a commitment to fund any potential funding gap. It is recommended that Council apply for further funding under the Federal Building Better Regions Program to support the funding gap and that Council commit to borrowing for the gap should further grant funding not be forthcoming within the required timeframe.

Item	$ Excl GST
Expenditure Detail
Renewal of Murrabrine Ck & Whipstick Ck bridges	$8,700,000
Renewal of Pretty Point Bridge, Wyndham	$900,000
Renewal of 12 bridges nominated in Fixing Country Bridges Program (excluding Pretty Point & Murrabrine noting Murrabrine is getting funding through fixing country bridges)	$15,495,000
Total Expenditure	$25,095,000

Source of Funds
Federal funding for Murrabrine & Whipstick bridges	$3,000,000
Bridge Renewal \|General Fund 2021	$450,000
Federal Bridges Renewal Program \| Pretty Point bridge	$450,000
NSW Fixing Country Bridges Program \| 13 bridges	$16,545,000
Council Contribution to Fixing Country Bridges Program \| GF	$650,000
Total income available	$21,095,000

Total Project Capital Cost	$25,095,000
Total Available Construction Funding	$21,095,000
Project Funding Shortfall Estimate to be applied for under BBR Funding or loans funded	*$4,000,000*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New
Annual maintenance and operational costs	Estimated $20,000
Depreciation costs	$ 240,950
User charges (annual income)	$0

Legal /Policy

There are a number of pieces of legislation relating to this report including the EP&A Act.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The content of this report has a number of strategic links with some of the key links as follows:

- One of Councils key strategic priorities is to be financially sustainable. Through the grant funding received and the reduced whole of life costs of the assets to be replaced there is a significant positive financial impact to Council

- As previously mentioned there is alignment with Council objectives to protect and enhance heritage where possible as well as links to Council heritage provisions in the LEP

- There are links to Councils objectives to provide, safer reliable and fit for purpose infrastructure

- Timber bridge replacement and Cuttagee Bridge in particular are identified as priorities in Councils Infrastructure Prospectus

In Councils Climate Resilience Strategy there are several references directly related to the content of this report as follows:

“Apart from the financial implications for our community in being able to fund this infrastructure network, the extent and linear network make it susceptible to impact from operational breakdowns, natural hazards such as flood, bushfire or storms or climate extremes such as prolonged heatwaves’ (pg 39)

“Critical infrastructure such as sewage pump stations, Cuttagee bridge and adjoining section of the coast road are currently mapped within high hazard areas and are examples of the adaptation challenges that confront BVSC and our community”. (pg 60) .

Environment and Climate Change

Given most bridges cross water courses of different orders it will be important to ensure regular engagement with relevant agencies to ensure impacts from the works are minimised and opportunities for improvements are identified.

The location of Cuttagee Bridge is known to be susceptible to both flood related and coastal erosion. The location and area to the south is also identified as high risk of further coastal erosion associated with predicted sea level rise and changing storm intensities. The detailed design of the bridge will need to factor in these considerations and future plans for how to address and adapt to predicted coastal erosion will need to be further addressed for the adjoining section of road to the south of the bridge.

Attached to this report is an image of when the southern abutment of the bridge was scoured in 1974, and an attached diagram indicates the coastal hazard profile in the area from Council’s adopted Coastal Processes and Hazard Definition Study (2015) which identified coastal recession and hazard lines for the 2014, 2050 and 2100 planning horizons. The 2100 planning horizon is considered the most appropriate for major infrastructure such as bridges.

One of the main drivers behind applying for funding to replace timber bridges is to ensure more resilient infrastructure is in place to service the needs of the community. It is widely recognised that we already are and will continue to further experience increased storm intensities which will lead to increased flooding. Similarly, we can expect to experience more intense bushfire conditions.

Recent evidence from 2020 demonstrates the consequences of having a large timber bridge portfolio which are susceptible to natural disasters. It also demonstrates the importance of having multiple transport routes where feasible to have secondary entry and egress options.

Attached to this report are some examples of timber bridges destroyed and impacted in the summer 2020 bushfires. The bridges in this attachment are not all of the bridges impacted by fire but are indicative.

Of the bridges to be replaced under the funding being offered, Cuttagee Bridge is also in the Coastal Hazard zone. Section 6.4 of Councils Local Environment Plan (LEP) discusses objectives relating to development in coastal hazard zones which supports ensuring resilient solutions are found.

As has previously been outlined in this report Cuttagee Bridge is listed as Local Heritage item in Councils LEP and there are obviously cultural impacts associated with demolition of the bridge need to be adequately addressed.

Economic

Bridges play an essential role in the movement of goods and services and without them it would be very difficult for the economy to efficiently function. A key driver underpinning the Fixing Country Bridges Program is to support the continued economic prosperity of regional NSW.

Many of the bridges receiving funding under the Fixing Country Program directly support a breadth of business activity ranging from agriculture and aquaculture right through to tourism.

Risk

There are several risks associated with this report, some of which have been outlined in other sections of the report. For example, financial risks associated with not acting are outlined in the options section of the report.

The risk of loss of heritage is also described as well as the risks associated with coastal hazard and storm impacts.

There are also risks that the program of works cannot be delivered within the expected delivery timeframes of two years noting that the expectation is that the $290m fixing country bridges program will be delivered within two years across the state. Risks to delivery include delays in relevant approvals, lack of availability of contractors and flooding of the market leading to unaffordable price escalations.

To assist with minimising some of the risks associated with delivery, Councils within the region are collaborating on opportunities to jointly deliver some of the works.

Social / Cultural

Bridges provide critical transport links for the public to be able to safely and comfortably go about their lives. The recommendations in this report are aimed t enhancing and protecting security of access for the community. With respect to Cuttagee specifically the new design incorporates are shared pedestrian lane adjoining the two vehicle travel lanes which will be suitable for potential future connection to adjoining pathways should that eventuate.

Attachments

1 ⇩. Cuttagee Bridge Replacement Preliminary Design

2 ⇩. Cuttagee Bridge 1974

3 ⇩. Cuttagee Bridge 2100 hazard lines

4 ⇩. Damaged Timber Bridges - photos

5 ⇩. Timber Bridges - photos

Council 10 March 2021

Item 11.8

11.8. Classification of land at Kiah

This report seeks approval to classify Lot 68 DP 750223 at Kiah as operational land under the Local Government Act 1993 (NSW)

Director Assets and Operations

Officer’s Recommendation

1. That Council note the 28-day public notification process has been completed regarding the proposal to classify Lot 68 DP 750223 at Kiah as operational land, with no submissions received.

2. That Council resolve to classify Lot 68 DP 750223 at Kiah as operational land under Section 31 of the Local Government Act 1993.

Executive Summary

The public notification process to classify Lot 68 DP 750223 at Kiah as operational land has just been completed as required under the provisions of the Local Government Act 1993 (LG Act) and a resolution of Council is now sought to finalise the classification process.

Background

Council resolved, at its Ordinary Meeting of 26 August 2020, when considering the proposed acquisition of Lot 68 DP 750223 at Kiah for the rebuild of Kiah community hall to proceed with the purchase and upon acquisition commence a public notification process to classify the land parcel (Figure 1) as operational land under the LG Act.

To comply with the requirement that classification should occur within three months under Section 31 of the LG Act, a resolution of Council is now sought to classify the land at Kiah as operational land.

Figure 1 – Subject land at Kiah. Note imagery does not reflect destroyed buildings from the bushfires. Lot 68 DP 750223 has been purchased as vacant land.

Options

There are no further options for Council to consider in relation to the classification of Lot 68 DP 750223 at Kiah.

Community and Stakeholder Engagement

Engagement undertaken

Regulations have been made under section 747B of the LG Act to modify the application of the Act in response to the COVID 19 pandemic. The amendments have been made to remove the requirement for Council notices to be advertised in newspapers and instead allow the relevant notice to be published on the Council’s website. This is not a temporary measure and will be ongoing.

Because of the amendments, the public notice advertisement regarding the proposed classification of Lot 68 DP 750223 at Kiah appeared on Council’s website with the submission period closing on Wednesday, 3 March 2021. No submissions were received objecting (or otherwise) to the proposal.

Engagement planned

There is no further community or stakeholder engagement required to finalise the classification of Lot 68 DP 750223 at Kiah.

Financial and Resource Considerations

There are no ongoing servicing costs associated with the classification of land.

Council officer time has been required to carry out the land classification process and ongoing management of future uses of the site will be required.

Legal /Policy

Section 31 of the LG Act provides that property must be classified within three (3) months of redefinition by Council resolution or it automatically defaults to community land. Section 34 of the LG Act further provides that a public notice of such a proposed resolution must be advertised giving 28 days for receipt of public submissions.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed classification of land algins with Councils requirements under the Revised 2017 – 2021 delivery Program/ 2020 - 2021 Operational Plan to manage Council’s property portfolio and meet statutory obligations under the LG Act.

Environment and Climate Change

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

Economic

There are no economic matters associated with the proposed classification of land.

Risk

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

Social / Cultural

There are no social / cultural matters associated with the proposed classification of land.

Attachments

Nil

Council 10 March 2021

Item 11.9

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

A resolution of Council is being sought for the General Manager to be delegated authority to negotiate a sale of Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula.

Director Assets and Operations

Officer’s Recommendation

1. That Council delegate authority to the General Manager to negotiate a sale of Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula, for a minimum value as determined by Council.

2. That Council hereby authorise its Official Seal to be affixed to the contract documents under the signature of the General Manager and Mayor.

Executive Summary

This report details current negotiations and options for the proposed divestment of Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula and requests Council consideration to set a minimum value for the General Manager to negotiate a sale of the land.

Background

Council resolved, at its Ordinary Meeting of 17 February 2021, when considering its position on the proposed divestment of Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula as follows:

That Council decline to accept the offer as detailed in the attached Confidential Memorandum and request that staff bring back a report on options.

As outlined in the report to Council’s Ordinary Meeting of 17 February 2021, LJ Hooker Bega were appointed to represent Bega Valley Shire Council’s interests in divesting Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula amongst several other Council owned land parcels. LJ Hooker Bega were appointed following a competitive request for quotation process and an exclusive agency agreement was executed on 5 August 2020. The exclusive agency period is until either party gives 30 days’ notice in writing to terminate the agreement.

LJ Hooker has other interested buyers who they are currently negotiating with and Council officers are awaiting further offers from the Agent. Given there is several interested buyers to optimise value Council may consider setting a realistic reserve price for the land parcel and submit the property to public auction.

This land parcel is considered to be quite valuable due to its subdivision potential and size (approx. 10,026m2). The minimum lot size for land zoned R3 - Medium Density Residential is 1,000m2, therefore can potentially be subdivided up to ten (10) lots as well as be developed for multi-unit housing.

Following the above-mentioned Resolution of Council, LJ Hooker advised Council officers the proposed purchaser is still interested and would like to know the value Council would accept for the land. Council officers have advised Council is committed to getting the best return in the current market for ratepayers. To allow negotiations to continue a resolution is being sought for the General Manager to be delegated authority to negotiate a sale of the land parcel.

Options

The options available to Council are:

1. Proceed with disposal of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula for a minimum value as determined by Council and resolve accordingly.

2. Set a realistic reserve price for Lot 121 DP 847899 Arthur Kaine Drive, Merimbula and advise the Agent to submit the property to public auction.

3. Give LJ Hooker Bega 30 days’ notice in writing to terminate the exclusive agency agreement and undertake a further competitive request for quotation process to appoint a new Real Estate Agent to represent Bega Valley Shire Council’s interests in divesting Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula.

4. Retain ownership of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula and pursue a subdivision of the land parcel noting there is currently no budget for this to occur.

Community and Stakeholder Engagement

Engagement undertaken

In addition to LJ Hookers standard sales marketing LH Hooker have promoted the property with an advertisement in the Domain South Coast Property Guide that featured in the Bega District News, Merimbula News Weekly and Imlay Magnet. To date the property has received the following active pipe interactions:

· 14,239 emails sent;

· 6,627 interactions;

· 88 clicks on the website link.

Engagement planned

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

Financial and Resource Considerations

Lot 121 DP 847899 at Arthur Kaine Drive, Merimbula has been listed on the open market for $1,760,000 (including GST).

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 at Arthur Kaine Drive, Merimbula will be offset against the proceeds of sale.

Legal /Policy

In accordance with the exclusive agency agreement Council granted LJ Hooker Bega with exclusive selling rights for the property from 5 August 2020 for a period of 90 days, following which either party must give 30 days’ written notice to terminate. If Council choses to do so the agreement may now be terminated without penalty by providing 30 days’ written notice. To the Agent.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Please refer to the attached report from Councils Ordinary Meeting of 17 February 2021 for strategic alignment information relevant to this report.

Environment and Climate Change

There is no environment and climate change 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.

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 determining its direction, Council should consider several risks associated with this matter including, but not limited to:

· Reputational risk in relation to the community's view on how Council is handling the sale of land;

· Financial risk in relation to the ongoing liabilities related to management of the land whilst in Council ownership; the cost of undertaking the sale process; and the current financial climate for selling land.

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 17 February 2021 - Proposed divestment of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

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

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

4 . 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.

5 . 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.

6 . 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.

7 . Confidential Memorandum regarding proposed divestment of 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.

Council 10 March 2021

Item 12.1

12.1. Australian Local Government Association (ALGA) 2021 National General Assembly - Call for Motions

The Australian Local Government Association (ALGA) has called for Motions from Councils to be considered at the National General Assembly (NGA) to be held in Canberra on 20 to 23 June 2021.

General Manager

Officer’s Recommendation

1. That the Mayor, Councillors (to be determined) and the General Manager, or her delegate attend the ALGA 2021 NGA.

2. That the following Motions for the ALGA National Assembly 2021 be forwarded to ALGA for consideration for inclusion in the Business Paper for the National General Assembly:

(insert here)

Executive Summary

The 2021 National General Assembly of Local Government provides a platform for local government to address national issues and advocate to the federal government on critical issues facing our sector.

Background

ALGA is the peak national body representing local councils across Australia. The 2021 National General Assembly (NGA) of Local Government will be held in Canberra from 20-23 June 2021.

Information on the NGA is available here https://conferenceco.eventsair.com/nga2021/

The theme of the Assembly for this year is “Working together for our Communities.” This theme was retained from 2020 NGA, which was unfortunately cancelled due to COVID-19.

ALGA received significant feedback on the motions process and topics from the 2018 and 2019 NGA and in response, has prepared a discussion paper, available from the ALGA website https://alga.asn.au/2021-nga-motions/

Councils are encouraged to read the Discussion Paper, but are not expected to respond to every question.

ALGA has called for Motions to be considered at the NGA to be forwarded by Friday 26 March 2021.

To be eligible for inclusion in the NGA Business Papers, and then debated on the floor of the NGA, Motions must follow these listed principles:

1. Be relevant to the work of local government nationally.

2. Not be focussed on specific location or region – unless the project has national implications. You will be asked to justify why your motion has strategic national importance and should be discussed at a national conference.

3. Be consistent with the themes of the NGA.

4. Complement or build on the policy objectives of your State and Territory local government association.

5. be submitted by a council which is a financial member of their state or territory local government association

6. Propose a clear action and outcome.

7. Be a new motion that has not already been debated at an NGA in the preceding two years

8. Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of local government.

Options

At its meeting of 18 March 2020, Council resolved;

1. That the Mayor, Cr Dodds and Cr Griff and the General Manager, or her delegate attend the ALGA 2020 NGA from 14-17 June 2020 in Canberra.

2. That the following Motions for the ALGA National Assembly 2019 be forwarded to ALGA for consideration for inclusion in the Business Paper for the National General Assembly:

Cr Cathy Griff

Motion

National Objective

Summary of Key Arguments

That the General Assembly urge the Federal Government to include in the National Waste Policy a timeline to phase out and ban single use plastic bags.

Waste minimisation and recycling in the interests of environment and economy.

The government held a National Plastics Summit on 2nd March in Canberra, which was addressed by the Prime Minister and also ALGA’s president. There was much discussion about allocation of the $1.5 billion of waste levies to deliver local infrastructure. Given there is only a year before waste export ban on mixed plastics comes into effect, a range of solutions are urgently needed. Local communities are keen to reduce plastic waste. Federal leadership is needed for a strong stand to ban single use plastic bags – as has been achieved in over 130 countries worldwide.

That the General Assembly call on the Federal Government to take immediate action to hasten financial relief promised to bushfire effected businesses and individuals.

Disaster recovery; Social cohesion; rural well-being.

Federal and State governments have announced a range of initiatives to assist those suffering the impact of last summer’s catastrophic bushfires. The reality is support has been slow to reach those in desperate need; guidelines are unclear; and responsibility is being shifted between different levels of government. The Federal Government could make the process far simpler and speedier by directing rebates through for example the ATO or via GST.

That the General Assembly request the Federal Government to continue funding of the Bushfire and Natural Hazards Cooperative Research Centre

Environment and Climate Change; disaster recovery

The CRC is under threat of being defunded next June at a time when such expertise is vital to several government bushfire inquiries underway. The CRC brings together all emergency service authorities with research partners in universities, Bureau of Meteorology and relevant scientific fields with the goal of building disaster resilient communities. The national research effort generated by this body is more important than ever to Australian communities facing the hazards including fires, storms, and heatwaves.

That that National General Assembly advocate to the Federal government to support and fund relevant Indigenous organisations to work with land management agencies to develop and increase hazard reduction 'cool burns'.

Environment - Addressing natural national disasters; input to Royal Commission into National Natural Disasters

Following the unprecedented fires of last summer the country is seeking multiple avenues for diminishing future bushfire threats. Cultural Burning as practiced by First Nations People for centuries offers one possible means to harness skills which manage hazard reduction in specific locations. Further research into such methods merit investigation and funding to trial new programs.

Council can elect to utilise the resolution 34/20 of the Ordinary Council Meeting of 18 March 2020 as an option for the 2021 NGA, or resolve differently.

Community and Stakeholder Engagement

The Council report and resolved motions of 2020 have been published.

Engagement undertaken

Engagement planned

Nil

Financial and Resource Considerations

Registration, accommodation and meal expenses will be required for each attendee. Over the past number of ALGA conferences Council attendees have not attended the conference networking dinners noted below and usually only one Councillor has attended the Regional Forum.

Item	$ Excl GST
Expenditure Detail – per attendee
ALGA conference registration	989.00
Regional Forum registration	225.00 usually one Councillor attendee
Conference Networking Dinners	325.00 usually not registered for
Accommodation – Canberra 19-22 June	800.00
Meal Allowance x 5 days	257.20
Transport Costs (Kms)	360.00
Total Expenditure	2956.20 per attendee for full attendance noted above

Source of Funds
10310.2910.2112 Elected Officials Expenses	21791.95
Total income available	21791.95

Total Project Capital Cost	0.00
Total Available Construction Funding	0.00
Project Funding Shortfall	*N/A*

Legal /Policy

The National Assembly is the key national agenda setting forum for local government. In the lead up to a Federal election possibly in the next 12 months ensuring key priorities are on the agenda is important.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The National Assembly links to Council being committed to advocating to the Federal Government on critical priorities for our community and local government.

Environment and Climate Change

There will be motions linked to Council’s adopted position presented for consideration.

Economic

There will be motions linked to Council’s adopted position presented for consideration.

Risk

There are no significant risks identified in attending the National Assembly.

Social / Cultural

There will be motions linked to Council’s adopted position presented for consideration.

Attachments

Nil

Council 10 March 2021

Item 12.2

12.2. Rates Notice Improvements

This report seeks Council’s support for improvements with Council’s rates and water billing processes.

Director Business & Governance

Officer’s Recommendation

That Council 1. Receive and note the report

2. Support the incentivised e-notice competition and improvements to the rates and water notices.

Executive Summary

Council currently distributes approximately 82,000 water and rates notices via hardcopy mail each financial year. Council officers have identified improvements in this process including the opportunity to reduce the number of mailed notices by running an incentivised electronic notice (eNotice) competition. This approach has proved successful in several other Councils.

Background

Council has a total of 20,016 rateable assessment numbers, of which 5505 (~27%) are currently registered for eNotices.

Council distributes hardcopy mailed rates and water notices each financial year as per the table outlined below.

Rates		Water
Notice Type	Approx Volume	Notice Type	Approx Volume
Instalment 1	14900	Instalment 1	8300
Instalment 2	11600	Instalment 2	7900
Instalment 3	11300	Instalment 3	8500
Instalment 4	11100	Instalment 4	8400

Council incurs significant postage costs for the mailing of hard copy rates notices, in the vicinity of $102,500 per annum.

There is a large cost differential between the different delivery methods, as shown in the following table:

Delivery Method	Cost per Notice
Postage	$1.25
ENotices	$0.32

Council officers propose to run an incentivised promotion aimed at increasing the number of ratepayers who receive rates notices electronically.

There is a net saving to Council of $0.93 per notice for all assessments which register for eNotices as opposed to hard copy notices by mail.

It is proposed that Council undertake a promotion to increase the number of eNotices registrations, by way of conducting a competition with a winner to be randomly selected to win a credit towards the ratepayer’s 2021/2022 rates and charges.

It is proposed that ratepayers already registered for eNotices and all ratepayers who register within the promotion period (with exclusions as noted in the Terms and Conditions) be eligible to win the prize, being an amount of $1,000 credit towards the ratepayer’s 2021/2022 rates and charges.

It is further proposed that the winning ratepayer assessment would be chosen by use of a random number generator, overseen by the General Manager and Director of Business and Governance.

Council staff have confirmed with the NSW Fair Trading that the proposed promotion qualifies as a gratuitous lottery and does not require a permit.

Options

1. Council can proceed with the recommendation as outlined

2. Council can resolve to not proceed with the rates notice competition as outlined

Community and Stakeholder Engagement

Appropriate engagement with ratepayers will be essential to ensure the desired behaviour change will take place.

Engagement undertaken

Engagement thus far has been focussed on internal stakeholders including revenue, communications and planning staff. Pending the outcome of this report a detailed communication plan will be developed as outlined below.

Engagement planned

To provide effective coverage, and provide sufficient exposure to ensure ratepayer awareness, the following communication activities are proposed:

Description	Timing	Estimated Cost
DL promo flyer printed (21,000 copies)	2021/22 First Instalment	$1,108
DL promo flyer inserted into rates notice	2021/22 First Instalment	$71
Council News	July, August, September editions	Nil
Council social media posts and boosts	Three/four over the promotion period	$200
ENotice competition banner on Council’s website and update of relevant rates content	Prior to and during launch of competition	Nil
Media release to launch competition	To align with annual instalment letter (July 2021)	Nil
Radio advertising	40 x 30 second commercials placed in primetime across 2EC & Power FM (or across only one station if preferred) 5 x bonus commercials	$1,600
User videos on how and why to sign-up- simplify to an easy 3-step process	Used during competition period and as part of launch	$200
Signage for front entry/customer service	Pull up banner for foyer	$352
TOTAL		$3,531

Financial and Resource Considerations

The total estimated costs for the community engagement for the promotion is $3,531. The credit to the winning entry is $1,000 totalling $4,531.

With an identified saving of $0.93 per notice changed over from hardcopy mail to eNotice delivery, a break-even analysis for 2021/22 is as follows:

$4,531 / $(0.93) = 4,872 notices.

That is, if 4,872 notices were changed from hard copy mail to eNotice delivery, the total costs of this competition would be recouped within one year (ie within 2021/22).

An expected increase in the number of eNotice registrations in line with the above seems reasonable. Working on a typical ratepayer with 4 notices per year (excluding water customers) this would mean we need approx. 1,218 ratepayers to switch to eNotices.

The financial savings will continue in future years for those ratepayers who transition to eNotices. There is also an environmental benefit in the reduced paper usage.

It is proposed that expenditure related to the improvements be funded in the FY22 Operational budget for Revenue Services.

Item	$ Excl GST
Expenditure Detail
ENotice Competition Promotion	$3,531
ENotice Prize	$1,000
Total Expenditure	$4,531

Source of Funds
Draft FY22 Budget- Revenue Services	$4,531
Total income available	$4,531

Legal /Policy

Should Council resolve to proceed with the competition then it would need to register the promotion through NSW Fair Trading. For reference below are the Terms and Conditions provided by another Council who recently held a similar promotion.

The draft terms and conditions have been outlined below:

1. The Promoter is xxx Shire Council, ABN xx xxxx xxxx xxxx

2. Information on prizes and how to enter form part of these Terms and Conditions. Participation in this competition constitutes acceptance of these Terms and Conditions.

3. The competition is open to xxx Shire Council ratepayers, who have successfully registered their property’s Assessment Number to receive its rate notice/s electronically (using the online eNotices registration form at www.xxx.nsw.gov.au) on or before 9.00am AEST on Day#MonthYear. Council employees and its Councillors, and their immediate family members are ineligible to enter the competition. “Immediate family” means spouse, de-facto, parent, natural or adopted child and sibling whether or not they live in the same household as the employee.

4. The competition starts at 9.00am AEST on Day#MonthYear and closes at 9.00am AEST on Day#MonthYear. Assessment Numbers registered prior to commencement, and during the promotional period, that remain registered at close, will be included in the prize draw.

5. The draw will take place at 3.00pm AEST on Day#MonthYear, at xxx Shire Council’s customer service centre, xxx, xxx, NSW xxx.

6. One entry will be awarded per registered Assessment Number. One Assessment Number will be drawn at random and its owner as shown on the Annual Rates & Charges Notice will be deemed the winner. The Promoter’s decision is final and no correspondence will be entered into.

7. The Prize value of $1,000 is for credit to the 2021/2022 year for the winning Assessment Number, which includes Waste and other charges for 2021/2022, but excludes any amounts outstanding/arrears. The prize will not be awarded as cash, but a credit of up to $1,000 to be used against the 2021/2022 Annual Rates. In the event that the total value of the winning property’s 2021/2022 rates and charges are less than $1,000, the balance will not carry over to subsequent notices and will be forfeited. In the event that payment of the 2021/2022 Annual Rates has been made at the time of winner notification, the winner will be reimbursed for the amount paid, to a maximum amount of $1,000. Where a portion of the 2021/2022 Annual Rates has been paid, the winner will receive a reimbursement of the amount paid plus a credit against the 2021/2022 Annual Rates & Charges Notice to a maximum total value of $1,000.

8. The Prize must be taken as offered and is not exchangeable, transferable or redeemable for cash.

9. The drawn winner will be contacted using the email address supplied in their Electronic Rates Registration within two business days of the draw and will be required to respond back to Council by email confirming their eligibility within five business days of the draw.

10. If the drawn winner is not confirmed as eligible within five business days of the draw, a redraw will occur.

11. The Promoter has the rights to disqualify any entrants or entries where it is reasonably suspected that any unlawful or improper conduct, such as infringing a third party’s intellectual property rights, or if there has otherwise been a breach of the competition terms and conditions.

12. Information collected in the Registration process will be used by the Promoter only as agreed by the registrant during registration and for conducting the random draw.

13. On confirmation of an eligible winner, the winner agrees to be photographed and have their name published on the Promoter’s website, www.xxx.nsw.gov.au and in media and publicity by the Promoter.

14. The Promoter will not be liable for any loss or damage or for any personal injury sustained as a result of taking the Prize or entering into this competition, nor for any tax implications that may arise from accepting the Prize.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2020-2021 Operational Plan outlines the need for improvement in the provision of corporate and financial services and this initiative to encourage greater electronic engagement with revenue services is an improvement for both Council and the ratepayer. As a community, taking measures to reduce our environmental impact is also a key element of the recently adopted Climate Resilience Strategy.

Environment and Climate Change

The environmental benefit of this initiative not only seeks to reduce the use of paper in mailing rates notices it will also help to reduce impact on the environment by reducing the labour (notice compilation) and logistics (transport from Melbourne mail distribution house and then out to each ratepayer via Australia Post).

Economic

Collection of rates is an essential function of Council. Council is seeking to increase the number of ratepayers using the eNotice platform to receive rates and water notices to reduce the costs to Council for undertaking this task.

Risk

There is limited risk in undertaking this incentivised competition. Appropriate controls will be in place to ensure the Terms and Conditions of the competition are adhered to.

Social / Cultural

There has been greater electronic engagement with Government service providers over the last 12 months. An example being the social acceptance and use of the Service NSW App for COVID check-in. Council sees this as an opportune time to leverage a shift towards eNotices.

Attachments

Nil

Council 10 March 2021

Item 13.1

13.1. Borrowing Procedure

The purpose of this report is to seek endorsement for the Borrowing procedure that supports implementation of the financial management policy

Director Business & Governance

Officer’s Recommendation

That Council endorse Procedure 6.06.9 - Borrowings as attached to this report

Executive Summary

Council as part of the adopted Financial Improvement Program identified the need for a stand-alone Borrowing Policy. Councils Financial Strategy and Long Term Financial Plan provide commentary around borrowing requirements but it is important to have a procedure that defines the parameters for the scope of borrowings. The primary purpose of this supporting procedure to the Financial Management Policy will assist implementation by documenting things such as:

· When to use debt

· How a project will be approved for funding

· Council Priorities

· Community Expectations

· Asset Management

· Financial Management

· Risk Management and;

· When debt is affordable

Background

Bega Valley Shire Council has a debt service ratio of 2.75x, the benchmark for this ratio is >2.0x as provided in the Code of Accounting practise and Financial Reporting #28. Council reports the debt service ratio by fund.

At 30 June 2020 the ratios are:

· General Fund 0.64x

· Water Fund 0x

· Sewer Fund 7.35x

Since that date, Council resolved (Resolution 263/20) to fund the airport runway and works previously completed on the airport terminal. These funds ($4.2M) were included in the December Quarterly Budget Review Statement and these funds will be drawn down in the current financial year.

Options

Council can adopt the draft Procedure 6.06.9 - Borrowings or;

Continue to manage borrowings through the commentary provided in Policy 6.06 Financial Management

Community and Stakeholder Engagement

Engagement undertaken

Council has undertaken a complete review of all existing financial policies and procedures that have been used over the previous years. This review also included a third party consultancy (Morrison Low) providing comment on the draft Borrowings Procedure utilising industry knowledge and good practice processes to assess performance and recommend a suitable approach. This feedback was completed as a milestone of the financial strategic tasks project.

Councillors have been provided with briefing papers on Council’s financial management policy and procedures on 30 September 2020 and 25 November 2020. These briefings have informed the final draft presented to Council seeking endorsement of the approach to implement the intent of the financial management policy.

Engagement planned

Procedure 6.06.9 – Borrowings, is a supporting document to the Policy 6.06 Financial Management and will be an operational procedure for the finance team. A review of the policy is expected to be undertaken in March 2022.

Financial and Resource Considerations

Borrowings are not a form of revenue and do not replace the need for Council to generate sufficient operating revenue to service operating requirements.

Local government service provision is asset-intensive and local government infrastructure assets have, on average, long useful lives. In such circumstances, unless a large share of the cost of the initial provision of infrastructure assets was financed by others (for example grants from other levels of government or developer contributions) it is impossible over time for a council to finance the acquisition of new assets, while at the same time financing needed asset renewal. Without the option of seeking debt, service recipients can be charged excessively relative to the cost of services they enjoy.

Under-use of debt will therefore result in inter-generational inequity in service provision and charging decisions. It also has an impact on the ability to accommodate needs and preferences for new capital works and asset renewal.

Financing these major infrastructure assets requires a strategic approach to evaluate and minimise risk exposure for Council. Council should consider all financing options, internal and external. This procedure provides the supporting guidelines for considering borrowings as an option.

Legal /Policy

Local Government Code of Accounting and Financial Reporting

BVSC Financial Strategy – Adopted July 2020

Policy 6.06 Financial Management - Adopted 29/11/2017

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

DP: 6.12.5: Improve the provision of corporate financial services

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

Environment and Climate Change

There are no environmental sustainability impacts associated with the recommendations of this report.

Economic

Council as a major contributor to the local economy needs to demonstrate responsible financial management which is done through our financial strategy and long term financial plan. Use of borrowings is included in each Quarterly Budget Review Statement (QBRS).

Risk

The recommendations of this report allow Council to manage budget expenditure across the long term financial plan period which allows for flexibility to align with Council priorities, using the IPR framework and is managed by resolutions of Council.

Social / Cultural

Management of long term budgets across all services enables Council to be responsive the priorities and direction of Council and the community as documented in adopted asset management plans, the four year delivery program and annual operational plan and budget. Further, community engagement is undertaken each year through the annual integrated planning and reporting framework which allows the allocation of unrestricted funds across priority projects

Attachments

1 ⇩. Draft Procedure 6.06.9 Borrowings

2 ⇩. Policy 6.06 Financial Management version 4 adopted 29/11/ 2017

Council	10 March 2021
*Item 8.1 - Attachment 1*	Draft Policy 4.15 - Use of Public Land (Local Approvals)

Council	10 March 2021
*Item 8.2 - Attachment 1*	Proposed Submission to Options Paper: Agriculture Land Use Planning Strategy

Council	10 March 2021
*Item 11.1 - Attachment 1*	Community Project Proposal summary sheet

Council	10 March 2021
*Item 11.2 - Attachment 3*	Draft plan of proposed easement within Lot 1 DP 195797

Council	10 March 2021
*Item 11.2 - Attachment 4*	Draft plan of proposed easement within Lot 32 DP 632880

Council	10 March 2021
*Item 11.3 - Attachment 1*	Draft Plan of Consolidation of Lots 1 and 2 DP 504572 Lot 511 DP 818052 and Lot 513 DP 858364

Council	10 March 2021
*Item 11.7 - Attachment 1*	Cuttagee Bridge Replacement Preliminary Design

Council	10 March 2021
*Item 11.7 - Attachment 2*	Cuttagee Bridge 1974

Council	10 March 2021
*Item 11.7 - Attachment 3*	Cuttagee Bridge 2100 hazard lines

Council	10 March 2021
*Item 11.7 - Attachment 4*	Damaged Timber Bridges - photos

Council	10 March 2021
*Item 11.7 - Attachment 5*	Timber Bridges - photos

Council	10 March 2021
*Item 11.9 - Attachment 1*	Council report dated 17 February 2021 - Proposed divestment of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

Council	10 March 2021
*Item 11.9 - Attachment 2*	Council report dated 8 May 2019 - Land Divestment Options - Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

Council	10 March 2021
*Item 11.9 - Attachment 3*	Land Divestment Options Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

Council	10 March 2021
*Item 13.1 - Attachment 1*	Draft Procedure 6.06.9 Borrowings

Council	10 March 2021
*Item 13.1 - Attachment 2*	Policy 6.06 Financial Management version 4 adopted 29/11/ 2017

Council	10 March 2021
*Item 17.1 - Attachment 1*	Pedestrian Access Improvements BVSC

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

10 March 2021

Staff Reports –Planning And Environment

10 March 2021

Council

10 March 2021

Staff Reports – Community, Culture and Leisure

10 March 2021

Council

10 March 2021

Staff Reports – Infrastructure Waste And Water

10 March 2021

11.1. Community Project Proposals

Officer’s Recommendation

Operational / Asset Management Plan

Attachments

11.5. Bega Valley Local Traffic Committee

Officer’s Recommendation

Tathra Mountain Bike Enduro – 12-13 June 2021 - Long weekend or 18-19 September 2021

Recommendation

ANZAC Day March and Service 2021 – Bega Valley Shire Area

Recommendation

ANZAC Day March & Service 2021, Candelo RSL

Recommendation:

ANZAC Day March & Service 2021 – Merimbula & Pambula

Recommendation:

ANZAC Day March & Service 2021 – Cobargo

Recommendation:

ANZAC Day March & Service 2021 – Bermagui

Recommendation:

ANZAC Day March & Service 2021 – Eden.

Recommendation:

Attachments

Council

10 March 2021

Staff Reports – Governance And Strategy

10 March 2021

Staff Reports – Finance

10 March 2021