OrdinaryMeeting Notice and Agenda
An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre
Bega on
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Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting. A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.
The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the Meeting.
1. Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration. They are not the resolutions (decisions) of Council.
2. Background for reports is provided by staff to the General Manager for presentation to Council.
3. The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.
4. The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.
5. The Minutes of each Council meeting are published in draft format, and are confirmed by Councillors, with amendments if necessary, at the next available Council Meeting.
If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details
Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.
· 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?
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.
· 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.
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?
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.
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 |
|
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 |
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 |
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Pecuniary Interest
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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 |
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NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.
Council |
31 March 2021 |
Recommendation
That the Minutes of the Ordinary Meeting and Closed session held on 10 March 2021 as circulated, be taken as read and confirmed.
Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be declared prior to discussion on each item.
.
Nil Reports
Nil Reports
Nil Reports
11.1 Bega Valley Regional Learning Centre Options......................................................................... 10
11.2 Risk to residents due to significant degradation of Woodlands Lane, Bald Hills - update 18
11.3 Central Waste Facility (CWF) Consultative Committee........................................................... 29
11.4 Bega Valley Local Traffic Committee.......................................................................................... 33
11.5 Use of Bega Valley Commemorative Civic Centre by community groups and not-for-profit organisations............................................................................................................................... 81
11.6 Cuttagee Bridge Funding............................................................................................................... 88
12.1 Review of Procedure 6.12.7 Public Interest Disclosures Internal Reporting System...... 100
13.1 RFT 2021-80 Works and Services Panel................................................................................... 126
13.2 NSW Property Tax Proposal....................................................................................................... 140
13.3 Certificate of Investment............................................................................................................ 144
14.1 Section 355 Montreal Goldfields Committee......................................................................... 149
14.2 Country Mayors Association meeting...................................................................................... 150
16.1 Merimbula Airport community reference group establishment........................................ 154
17.1 Cr Nadin - Vehicle Procurement................................................................................................ 156
17.2 Cr Bain Question on Notice - staff within all portfolio areas of Council............................ 158
Representations by members of the public regarding closure of part of meeting
Adjournment Into Closed Session, exclusion of the media and public........................... 158
Council |
31 March 2021 |
11.1 Bega Valley Regional Learning Centre Options................................................... 10
11.2 Risk to residents due to significant degradation of Woodlands Lane, Bald Hills - update............................................................................................................................. 18
11.3 Central Waste Facility (CWF) Consultative Committee...................................... 29
11.4 Bega Valley Local Traffic Committee................................................................... 33
11.5 Use of Bega Valley Commemorative Civic Centre by community groups and not-for-profit organisations....................................................................................................... 81
11.6 Cuttagee Bridge Funding..................................................................................... 88
Council 31 March 2021 |
Item 11.1 |
This report provides details on the financial performance, ownership and other options relating to Bega Valley Regional Learning Centre as requested at the Council meeting of 11 November 2020.
Director Assets and Operations
1. That Council receive and note the report.
2. That Council call for expressions of interest for the use and occupation of the co-workspace and vacant training rooms within the Bega Valley Regional Learning Centre building until 30 June 2023 and present the results back to Council for consideration.
3. That Council note where an existing tenant requests an extension of their commercial lease, Council officers may grant a single extension until 30 June 2023.
4. That Council note where occupied suites become available for lease Council officers will seek suitable tenancies arrangements until 30 June 2023.
5. That prior to expiring of all lease agreements on 30 June 2023, Council officers report operating results of the facility back to Council.
Executive Summary
At the Council meeting of 11 November 2020, Cr Russell Fitzpatrick requested Council be provided with a report on the ownership options for the Bega Valley Regional Learning Centre including financial performance, ownership and other options so councillors can consider the commercial value of the asset in accordance with Council’s adopted financial strategy.
Background
Council resolved at its Ordinary Meeting of 2 September 2015, when considering the proposed acquisition of Lot 210 DP 1181811 (12-16 Cabarita Place, Merimbula) as follows:
1. That Council note the exchange of contracts on Lot 210 DP 1181811 (12-16 Cabarita Place, Merimbula).
2. That upon acquisition, Council classifies the acquired property as operational land (following a 28 day public submission period) pursuant to Section 31 of the Local Government Act 1993.
3. That a detailed operating plan (including transition to opening) for the use of the facility be drafted and presented to Council.
4. That Council declassify the reports and resolutions in relation to the acquisition of Lot 210 DP 1181811 (12-16 Cabarita Place, Merimbula) from the Closed Session meetings of:
• 10 September 2014 Item 20.1 Merimbula Land: Redevelopment Options;
• 12 November 2014 Item 22.1 Merimbula Land: Redevelopment Options; and
• 18 March 2015 Item S.1 Merimbula Land: Redevelopment Options.
5. That Council engage the services of a planning consultant to prepare a planning proposal to rezone Lot 210 DP 1181811 at Merimbula from R3 Medium Density Residential to B2 Local Centre and that the proposal be forwarded to the NSW Department of Planning and Environment for Gateway Panel determination.
6. That Council authorise the Mayor and General Manager to execute the necessary documents.
Following the resolution of Council, officers progressed the acquisition of the property with settlement taking place on 29 September 2015. The purchase price for the acquisition was $1,850,000 plus $185,000 GST being a total of $2,035,000. On 2 September 2015 it was recommended Lot 210 DP 1181811 be appropriately classified as operational land under the Local Government Act 1993 (NSW) (LG Act) upon acquisition and a final report was presented to Council’s Ordinary Meeting of 4 November 2015 to classify the land.
Prior to purchase, a primary mortgage was held over the property by NSW State Training Services valued at $556,200 which required the facility to be used primarily for a training venue. Council executed an agreement with NSW State Training Services demonstrating a commitment to ensuring the vocational education and training needs of the community were met. The mortgage value of $556,250 was transferred and not paid out. The mortgage reduced over a period of three years until it extinguished with a zero value in 2018.
Since Council acquired the facility there has been three main components or functions of the Bega Valley Regional Learning Centre (BVRLC):
· Permanent office space leased to businesses in the northern end of the facility. Tenants are autonomous and have full use of kitchen facilities, meeting /interview room and common break out areas. Additionally, Wi-Fi may be provided by way of a monthly fee. Tenants have their own photocopiers and air conditioners systems set up in their offices. BVRLC staff monitor fair use of room bookings to ensure rooms are not commandeered by one business over another and ensure the environment is a pleasant one and fosters a culture of inclusion within the facility.
· Co- workspace located in the tenant section of the building allows users to work in a shared space. Co-work users have use of the breakout area, meeting/interview room along with use of the kitchen located in this area. The Co-workspace can be rented daily or on a more permanent basis. Wi-Fi is available for casual users and they have access to Council’s photocopier and have and an individual code to enter before printing to capture usage.
· Hireable meeting rooms suitable for business meetings, training session, workshops or interviews. Rooms offer a clean modern space with contemporary kitchen and bathroom facilities.
Obviously as a direct result of COVID-19 and the Public Health Orders put in place to control its transmission, the co-workspace and hireable meeting rooms within the BVRLC have been negatively impacted which is shown below under the financial section of this report.
Continuing to facilitate the delivery of training from the facility remains a priority. However, this provision could be expanded to include further services which are predominately focussed on the community. If Council increased the office space available for lease at BVRLC, this would allow the facility to become financially sustainable whilst continuing to meet the service delivery expectations of the community.
Options
The options available to Council are:
1. Maintain the status quo. The BVRLC is currently directly managed by Council. There are twelve (12) office suites available for lease, three (3) well-appointed meeting rooms available for hire and a co-workspace available for casual or permanent use. Council could continue ‘as is.’ However, the current operations underutilise the facility’s potential.
2. Commercial lease. Council could increase space available for lease in the BVRLC from twelve (12) to seventeen (17) tenancy areas. This will enable Council to secure more commercial leases to increase revenue, whilst maintaining a strong commercial property portfolio. Increasing the office spaces available for lease in BVRLC, would allow the facility to become financially sustainable whilst continuing to meet the community expectations. Consideration should be given to Council’s use of the facility for a range of purposes including off site meetings, printing and drop in desk space. There is an option for Council to retain a meeting room or the co-workspace for this purpose and those users pay in accordance with Council’s adopted fees and charges.
3. Commercial lease single provider. There is an option for Council to run an Expression of Interest (EOI) process following expiry of the existing tenancies for an exclusive lease of the entire facility. The May 2019 market rental valuation from Opteon Property Group outlined a market gross rental of $194,387 for the entire facility.
4. Disposal. There is an option for Council to dispose of the facility. Current lease agreements must be honoured until expiry unless a potential purchaser is prepared to honour these agreements. The potential purchaser will be unable to use the facility to its full capacity until 1 July 2023 when leases expire. However, they will have the opportunity to operate from a community facility which attracts a high level of patronage.
5. Other options, as raised and resolved by Councillors.
Community and Stakeholder Engagement
Engagement undertaken
In preparing this information for Council, officers have engaged with internal stakeholders from Planning, Risk, Insurance and Finance.
Council officers sought a quotation from Opteon Property Group for a new market valuation for the property as they prepared the valuation report that was commissioned by Council in October 2014 which returned a value of $2,100,000. At the time, the property was zoned R3 Medium Density Residential with vacant possession for market value assessment purposes.
Lot 210 DP 1181811 was rezoned in May 2016 from R3 Medium Density to B2 Local Centre, therefore if Council resolve to dispose of the facility, a new market valuation will need to be obtained which takes into consideration the current market.
The facility is listed on Council’s property insurance schedule for a total of $3,600,000, $3,500,000 for the building and $100,000 in contents.
Engagement planned
If Council resolves to prepare the facility for disposal sale the following tenants will need to be consulted:
• Australian Training Company Limited;
• Uniting Church of Australian Property NSW;
• Hammond Care;
• Adult Education;
• Bega Valley Shire Council - Recovery, Rebuilding and Resilience;
• Tulgeen Group.
If Council resolves to lease the meeting rooms within the facility or prepare the facility for disposal, consultation will need to be undertaken with clients who have upcoming venue hire bookings.
To maintain transparency and avoid any suggestion of impropriety, Council officers will be required to run a public EOI process for the occupation of office space within the building and report the results back to Council for consideration.
Financial and Resource Considerations
A market rental valuation was obtained from Opteon Property Group on 21 May 2019 which outlined an annual rental achievable for all spaces within the building as follows:
Council’s Management of Leases and Licenses Procedure provides that:
All lessees shall be responsible for the payment of all outgoings on the property; including (but not limited to): Council rates and charges (if applicable); land tax; water; electricity; gas; telephone; and any other operating costs associated with their respective activities.
Being a multi-use building without separate metering, it was determined that a fair and equitable method of calculating the contribution payable by each organisation would be at $1.50 per m2 per month for electricity and a flat $2,000 service charge would apply to recognises additional services such as, printing facilities, interview room, meeting room and breakout space.
There are existing tenancies with varying terms as they have occupied space in the facility for many years rent has increased with annual CPI.
Although the meeting rooms do generate some income it is evident that the permanent leasing generates a more stable income stream for Council. Council could increase space available for lease in the BVRLC from twelve (12) to seventeen (17) tenancy areas which could increase current rental revenue by $74,772 per annum. This will allow the facility to be financially sustainable and continue to meet the service delivery expectations of the community. The following suites could be made available for permanent leasing:
· Suite 3 - (BVRLC office) = $ 7,416;
· Suite 8 - (Co-workspace) = $19,464;
· Suite 14 – (Bittangabee Room) = $ 23,524;
· Suite 15 – (Imlay Room) = $7,620;
· Suite 16 – (Mumbulla Room) = $16,748.
In addition, the leases of suites 5 and 9 are due to expire and will also be available for permanent tenancy arrangements.
Property officers are currently liaising with a third party in relation to a lease of suite 16 (Mumbulla Room) for a 9-month period with income of $16,748 per annum.
In response to the directive to identify and secure budget savings across both the BVRLC and Bega Valley Commemorative Civic Centre (BVCCC), BVCCC and property staff have been covering both facilities. The BVRLC officer role currently remains vacant but arrangements will need to be put in place as business as usual operations have reconvened at the BVCCC which means relying on casual staff or paying overtime to assist with venue operations.
The BVRLC facility requires resources to manage the leasing arrangements, opening/closing, security and building maintenance.
Legal /Policy
Under DA 2016.245, the premises can currently be used as a function centre, training facility, office premises, information and education facility.
An EOI process meets the following objectives:
• To undertake an open, fair and transparent process for the issuing of tenure;
• To optimise the potential use and financial return from activities conducted within BVRLC within the parameters of the existing development approval.
In accordance with Council’s Management of Leases and Licenses Procedure tenure may be granted by invitations for expressions of interest.
Under the Local Government Act 1993 (LG Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as Operational Land. In accordance with Section 377(1)(h) of the LG Act, any decision to dispose of land must be made by Resolution of Council as the power to sell, exchange or surrender land cannot be delegated.
In accordance with Council’s Acquisition and Disposal of Land Procedure, all decisions and actions in relation to the disposal of land must have due regard to the following fundamental principles:
• Best value for money – achieving “best value” may include financial, social and environmental benefits;
• Transparency – processes must be open to scrutiny and provide full information and record the reasons behind the decisions;
• Accountability – demonstrate the best use of public resources and the highest level of performance through appropriate record keeping and audit trails;
• Impartiality – address perceived or actual conflicts of interests.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
Continuing to facilitate the delivery of training from the facility remains a priority. However, this provision could be expanded to include further services which are predominately focussed on the community.
Operational Plan 2020 – 2021
Goal 3: Our economy is prosperous, diverse and supported by innovative and creative businesses.
Investigate further monetisation of available spaces at Regional Learning Centre.
Delivery Program 2020 – 2021
Provide, manage and promote use of the Bega Valley Regional Learning and Commemorative Civic Centres.
Environment and Climate Change
There is no environment and climate change matters associated with the options available to Council.
Economic
All options available to Council provide a level of economic activity or benefit to Council and the community.
Risk
In determining its direction, Council should consider several risks associated with this report including but not limited to:
• Reputational risks:
o Community's view on how Council is handling the management of the BVRLC;
o Diverting from the focus of the BVRLC as a vocational education and training facility;
o Disposal of this asset will have logistical issues for tenants and their business operations;
o Provides Council with short reappropriation for undertakings that the organisation desires e.g. Office space for staff, meetings, training.
· Financial risks:
o Ongoing liabilities related to building management whilst in Council ownership, the cost of operating the facility; and future costs to undertake major works, should the building stay in Council ownership;
o Council has invested considerably in this asset over the last five years;
o If Council increased the office space available for lease at BVRLC, this would allow the facility to become financially sustainable whilst continuing to meet the service delivery expectations of the community.
o If the occupancy rate of the facility is low, there is a financial risk to Council.
Social / Cultural
The BVRLC has further development opportunities in the future economic growth of the Bega Valley.
The facility enables Council to have a presence in Merimbula and is a well-built asset that Council controls which can be easily repurposed in times of emergency e.g. evacuation, COVID-19 testing etc.
The continued provision of training services will have positive social outcomes for the township of Merimbula and surrounding region.
Nil
Council 31 March 2021 |
Item 11.2 |
11.2. Risk to residents due to significant degradation of Woodlands Lane, Bald Hills - update
The purpose of this report is for Council to consider a way forward with Woodlands Lane, Bald Hills.
Director Assets and Operations
It is recommended that Council:
1. Acknowledge the constructive way in which residents of Woodlands Lane have engaged with Council in their quest to have Woodlands Lane upgraded.
2. Allocate the funds currently held in the Woodlands Lane Developer contributions reserve towards survey and design works to prepare designs for the upgrade of Woodlands Lane and the bridge on Woodlands Lane to support grant funding applications.
3. Note the significant gap between potential developer contributions yield and the cost to upgrade Woodlands Lane and bridge which will continue to increase over time.
4. Note the estimated annual financial impact of taking on responsibility for managing Woodlands Lane and bridge.
5. Express its willingness to take responsibility for the management of Woodlands Lane and bridge should the NSW Government upgrade it to a suitable standard.
6. Express to the NSW Government its intended position that upgrades to the Woodlands Lane and bridge should not be at the expense of funding towards other Council priority projects.
7. Advocate to the NSW Government and support the advocacy of residents to the NSW Government for funding to upgrade Woodlands Lane and bridge to a suitable standard for Council to take future responsibility for.
Executive Summary
Council has for several years been engaging with residents of Woodlands Lane to attempt to resolve issues associated with the standard of and responsibility for Woodlands Lane. A meeting with residents of Woodlands Lane was recently held with the aim of further clarifying the current status of the road and to attempt to jointly map a way forward. This report now provides a recommended way forward with respect to the road.
Background
Council has considered its position on Woodlands Lane on numerous occasions in recent years. The most recent report and associated resolution on the matter is attached to this report for background. Rather than duplicate much of the content in the previous report it will simply be referred to.
On the 11 November 2020 which was the last time the matter was considered the following was resolved:
That:
1. The matter be deferred until after a meeting with all Councillors and residents of Woodlands Lane.
2. Council note the significant gap between potential developer contributions yield and the cost to upgrade Woodlands Lane and bridge which will continue to increase over time.
3. Council note the estimated annual financial impact of taking on responsibility for managing Woodlands Lane and bridge.
4. A further report be brought back for Council to finalise its position after further engagement with residents.
5. That Council contact the Local State Member to ask that he be involved in discussions on the matter.
Since the above resolution, senior staff and Councillors met with residents of Woodlands Lane. Of those in attendance there was general consensus that the funds currently held in the Developer Contributions reserve for Woodlands Lane should go towards design of the road and bridge which could then be used to better pursue funding from the NSW Government.
As previously identified, Council does not have the financial resources to undertake necessary capital works to upgrade the road.
Options
In addition to the options previously presented in the most recent report (attached) a further option has been identified to utilise the currently collected developer contributions towards getting survey and design works done. This option is now incorporated as part of the recommendation in this report.
Community and Stakeholder Engagement
As outlined previously there has been ongoing engagement and correspondence with the residents of Woodlands Lane. Most recently a well-attended and constructive meeting was held that included a large number of residents on Woodlands Lane, Councillors and senior Council staff.
Further engagement to support advocacy for funding is expected. A copy of advocacy previously undertaken relating to Crown roads in urban areas that present a similar issue to the subject to this report is attached for reference. This provides an indication of the extent of similar issues in urban parts of the Shire that Council has been advocating for. It is anticipated that similar would be undertaken for Woodlands Lane, however with the added clarity of exactly what is required, as result of design work, which will lead to greater confidence in cost estimates should the recommendations in this report be supported.
Engagement undertaken
Ongoing engagement has taken place with the residents of Woodlands Lane.
Engagement planned
Further engagement with the residents of Woodlands Lane will take place pending outcome of consideration of this report.
Financial and Resource Considerations
More detailed financial implications are outlined in the most recent report attached to this report.
Since presenting the last report staff have undertaken a further audit of the contributions that have been received towards Woodlands Lane and it is evident that $60,000 worth of contributions have been collected rather than the figure previously reported.
Legal /Policy
Refer to attached report.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
Refer to attached report.
Environment and Climate Change
Refer to attached report.
Economic
Refer to attached report.
Risk
Refer to attached report.
Social / Cultural
Refer to attached report.
Attachments
1⇩. 2020.11.11 Council Report - Risk to residents due to significant degradation of Woodlands Lane, Bald Hills
2⇩. 2020.11.11 Council Resolution - Risk to residents due to significant degradation of Woodlands Lane, Bald Hills
3⇩. 2019.08.15 Mayoral letter to The Hon Adam Marshall MP regarding unsealed Crown road networks in villages in the Bega Valley Shire
Council |
31 March 2021 |
Item 11.2 - Attachment 1 |
2020.11.11 Council Report - Risk to residents due to significant degradation of Woodlands Lane, Bald Hills |
31 March 2021 |
|
Item 11.2 - Attachment 2 |
2020.11.11 Council Resolution - Risk to residents due to significant degradation of Woodlands Lane, Bald Hills |
Council |
31 March 2021 |
Item 11.2 - Attachment 3 |
2019.08.15 Mayoral letter to The Hon Adam Marshall MP regarding unsealed Crown road networks in villages in the Bega Valley Shire |
Item 11.3 |
11.3. Central Waste Facility (CWF) Consultative Committee
An update is provided to Council on the re-establishment of the Central Waste Facility (CWF) consultative committee.
Director Assets and Operations
That Council:
1. Endorse the information in the report.
2. Note the Councillor nominee will be the Mayor until post the Council elections when all representations will be considered.
3. Endorse as members of the committee the two nominees that submitted nominations as outlined in the confidential memorandum.
Executive Summary
In determining the application for development consent for Council’s Central Waste Facility (CWF) the Southern Region Joint Planning Panel also resolved that:
BVSC form a Consultative Committee that includes three representatives of residents of the immediate locality, for the purposes of providing a forum for information exchange and consultation regarding the operation of the central waste facility.
Over multiple years of operation, the CWF Consultative Committee was expanded to instead function as a waste strategy working group, with the aim to better represent the breadth of issues and innovation encountered by Council’s Waste Services functional area.
To ensure an ongoing and open dialog between CWF operations and the surrounding community, it is proposed to reinstate the CWF Consultative Committee.
Background
In determining the application for development consent for Council’s Central Waste Facility (CWF) the Southern Region Joint Planning Panel also resolved that:
BVSC form a Consultative Committee that includes three representatives of residents of the immediate locality, for the purposes of providing a forum for information exchange and consultation regarding the operation of the central waste facility.
In response, a meeting quorum was established and the inaugural meeting of the Consultative Committee held on 25 February 2014 at the Council Chambers in Bega. In accordance with internally established guidelines, meetings were held twice annually through until 2018, after which the committee merged into a Waste Strategy Working Group. The new Working Group was intended to serve a broader function other than just oversight of CWF operations, and the commitment of the newly formed working group went on to define and establish the key themes and initiatives of Councils now adopted Waste Strategy ‘Recycling Our Future’.
The Waste Facility Consolidation and Modernisation Project is a delivery component of the Waste Strategy and involves a number of significant changes to waste services, including expansion of the kerbside bin collection service to rural properties, and expansion/consolidation of some existing waste transfer station and landfill sites. The CWF is designated for expansion, and this raises several ongoing concerns for adjoining residents. At the ordinary meeting of Council on 16 December 2020, and in response to ongoing public feedback, Council resolved to reinstate the CWF Consultative Committee, with the intention that it provide a forum for neighbouring residents and Council, to maintain open dialogue with respect to the management of the CWF regardless of any future decisions about the site.
According to the CWF Consultative Committee Guidelines, the committee is chaired by the Waste Services Manager, with membership comprising the Mayor or delegated Councillor representative, along with two members of the community residing within a nominal direct-line distance of 5km from the CWF. Meetings will be held twice annually at the CWF, with terms of appointment for community members being fixed at 2 years, to enable a fair opportunity for participation. With elections to be held in September the Mayor should be the representative and if unable to attend nominate the Deputy Mayor or another Councillor to attend on his behalf. Representation of Councillors on all Council Committees will be considered post the 4 September election.
Through January and February of 2021, a call for nominations from the public was made. After the closure of the EOI period, two nominations were received, and after being contacted, both have consented to participate in the committee.
Options
There are three principle options relating to the CWF committee as follows:
- Endorse the recommendation in this report and form the committee as proposed and in accordance with the guidelines
- Not re-form the CWF Committee
- Reconfigure the committee
Community and Stakeholder Engagement
Engagement undertaken
As part of the Waste Facility Consolidation and Modernisation Project, and in response to growing concerns around the CWF site and its potential expansion, a meeting was held on 20 January 2020 between Council staff, Councillors and neighbouring residents to the CWF site. Approximately 38 residents attended, to discuss concerns about noise and potential for increased traffic along Wanatta Lane, but also rural aesthetics, private land valuations, environmental monitoring and site operations.
At the meeting, staff relayed to attendees that a consultative committee was being established, and that nominations were being sought.
Further, notification of the committee was published in the Bega District Newspaper, and on Council’s website.
Engagement planned
There is no further engagement proposed with respect to the CWF Committee establishment noting there will be further engagement relating to the implementation of the waste strategy which will include further engagement on the proposed expansion of the CWF.
Financial and Resource Considerations
There are no significant costs associated with the formation and operation of the CWF consultative committee other than staff costs. A small amount of funds totalling less than $1000 were required cover the cost of preparing and advertising the call for nominations in the Bega District Newspaper. Any further extraneous costs will be met from the Waste Services operational budget.
Legal /Policy
It is not proposed that the committee be delegated power to exercise functions on Council’s behalf. The purpose of the committee is consultative and is not a committee of Council within the meaning of Section 355 of the Local Government Act 1993.
The chair of the committee may refer outcomes of committee meetings to Council or staff for consideration and execution, in accordance with the organisational delegations already endorsed by Council.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
Key themes and initiatives of Council’s Waste Strategy include:
- reviewing and developing Council’s waste operations;
- developing a centralised resource recovery precinct; and
- developing waste sites networks and capital programs.
Information exchanged through the CWF consultative committee can not only be used to help support waste operations, but also provide a community perspective on how the CWF may be developed for future uses and initiatives as identified in the Waste Strategy.
Environment and Climate Change
The CWF operates under an Environment Protection Licence granted by the NSW EPA and issued under the Protection of the Environment Operation Act 1997, to regulate pollution prevention and monitoring, cleaner production through recycling and reuse, and the implementation of best practice. Engaging with the public through the CWF Consultative Committee will help Council relay the high operational standards of the CWF and demonstrate the level of regulation and compliance that the site is required to meet.
It also gives Operational staff a more informed understanding of the community’s concerns about the CWF and how improvements can be made (if any) to appease them.
Economic
Nil.
Risk
Maintaining an open and direct channel of communication with CWF neighbours gives Council staff an opportunity to engage with and respond to concerns about the site, and to help clarify those areas of the site operation that may be considered substandard. It also ensures ongoing compliance with the approved development consent and direction or objective of the Southern Region Joint Planning Panel.
Social / Cultural
Since first considering the site for a potential landfill, the community have generally been unsupportive of the location and operation of the CWF on Wanatta Lane. Recent community engagement regarding the site and waste operations overall have reinforced this perception. However, reinstating the CWF consultative committee can potentially improve public relations by providing an open and direct channel of communication with CWF neighbours about the site, whilst also giving Council staff an opportunity to identify, respond to and rectify concerns.
Attachments
1. Confidential Attachment Central Waste Facility Consultative Committee Nominations (Confidential - As this attachment contains personnel matters concerning particular individuals as per Section 10A(2)(a) 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 personnel information. 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 31 March 2021 |
Item 11.4 |
This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee.Director Assets and Operations
That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 3 March 2021 to be presented at the 31 March 2021 Council meeting.
A submission has been received from Bega RSL Sub Branch for the 2021 Vietnam Veterans Middle East and Peace Keeper Veterans Memorial Service., to be held on Sunday 15 August 2021. The Service will assemble in Church Street Bega at 10.00am and March along Carp Street to Soldiers Memorial for 11.00am Service, concluding at 11.30am
That the proposed traffic arrangements for the Bega RSL Sub Branch Vietnam Veterans Middle East and Peace Keeper Veterans Memorial Service on Sunday, 15 August 2021 be approved and deemed a Class 2 special event.
That sections of Council roads at Gipps Street and Carp Street in Bega be temporarily closed on Sunday, 15 August 2021 for the Bega RSL Sub Branch Vietnam Veterans Memorial March proceedings, as per the Traffic Control Plans.
Approval subject to current Traffic Control Plan (TCP) (to be supplied)
That the organisers have written Police approval prior to conducting the event.
That the event operates strictly under the NSW Health Department COVID19 conditions
A copy of the submission is attached and marked ‘Attachment 5.1’.
Council have received a request to approve an accessible (on street) car space in Yourie Street, Quaama, in association with the Draft Landscape Design for Quaama Memorial Park.
Council approve the installation of an on street accessible parking space in Yourie Street, Quaama adjacent to Quaama Memorial Park.
A copy of the design is attached and marked ‘Attachment 5.2’.
A submission has been received from Candelo Arts Society for the Candelo Village Festival, to be held on Saturday 17 April 2021. This is a one day community celebration featuring local artists, market stalls, workshops, talks and street performances. Setup will take place on 16 April 9.00am – 5.00pm, with event times from 10.00am to 11.00pm. Pack up times will be Sunday 18 April 9.00am – 1.00pm.
That, subject to conditions, sections of William Street and Hood Street (formally Panbula Street), Candelo be temporarily closed from 12.00pm on Saturday, 17 April 2021 to 11.00pm on Saturday, 17 April 2021 for the Candelo Village Festival.
That the proposed traffic arrangements involving the temporary closure of William Street and Hood Street (formally Panbula Street), Candelo for the Candelo Village Festival on Saturday, 17 April 2021, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Transport for NSW (TfNSW) Traffic Control Manual.
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 Roads and Maritime Services by name for the event.
That organisers have written Police approval prior to conducting the event.
That the event achieves all conditions of DA 2008.0012, including parking provisions.
That the event operates strictly under the NSW Health Department COVID19 conditions
A copy of the submission is attached and marked ‘Attachment 5.3’.
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.
1⇩. Attachment 5.1
2⇩. Attachment 5.2
3⇩. Attachment 5.3
Item 11.5 |
11.5. Use of Bega Valley Commemorative Civic Centre by community groups and not-for-profit organisations
This report presents Council with alternative methods to incentivise and increase community utilisation of the Bega Valley Commemorative Civic Centre (BVCCC) and seeks Council direction on the overall strategic objective for the BVCCC.
Director Assets and Operations
1. That Resolution 261/20 (1) be revoked.
2. That Council, in partnership with local event organisers, seek external grant funding to support greater utilisation of Bega Valley Commemorative Civic Centre (BVCCC) by community groups and not-for-profit organisations.
3. That Council increase awareness of alternative, low-cost venues for community groups and not for profit organisations.
4. That all use of BVCCC by Council be charged as per Council’s adopted fees and charges schedule.
5. That Council’s current regular Wednesday booking of the entire BVCCC be reduced to Council meeting days only.
6. That, where possible, Council workshops be held in a suitable alternative venue.
Executive Summary
This report follows a resolution of Council from its Ordinary Meeting of 28 October 2020 and outlines the outcome of the resolution and subsequent operating environment of the Bega Valley Commemorative Civic Centre (BVCCC). The report provides Council with several options to incentivise and increase community utilisation of the BVCCC.
In addition, the report provides further recommendations to improve utilisation and the financial result of the BVCCC.
Background
Council resolved at its Ordinary Meeting of 28 October 2020, when considering a temporary reduction in venue hire fees at Bega Valley Commemorative Civic Centre (BVCCC) as follows:
1. That Council temporarily reduce the cost of venue hire for not-for-profit community organisations of the Bega Valley Commemorative Civic Centre (BVCCC) by 50 per cent to reflect the restricted capacity of the venue under the relevant Public Health Orders.
2. In addition to a reduction of fees, Council staff consider other options that may additionally facilitate greater utilisation of Bega Valley Commemorative Civic Centre (BVCCC) by community groups and not-for-profit organisations and report back to Council on these options.
Due to the lack of confidence and fluctuating restrictions surrounding the pandemic, the resolution has not resulted in an increase in use of BVCCC by community groups and not-for-profit organisations as intended. To date only one community organisation who already had a planned production, resources identified, and dates secured has benefited from the resolution.
As a direct result of COVID-19 and the Public Health Orders put in place to control its transmission, the hospitality and events industry in which the BVCCC operates, has been negatively impacted and restricted in operation. At the time of the above resolution Public Health Orders restricted the BVCCC capacity to one person per four square metres or seated events at 50% of fixed seating capacity. The current Public Health Orders restrict the venue capacity to one person per two square metres or seated events at 75% of fixed seating capacity. Events must be ticketed with ticketholders assigned to specific seats for the 75% capacity calculation to be used. Obviously, this is an ever-changing environment and BVCCC officers must keep up to date with changes from Public Health Authorities.
As an existing issue prior to the pandemic, numerous community groups and not-for-profit organisations request financial assistance for the use of the BVCCC, stating that the current adopted not-for-profit fees and charges restrict the viability of holding their events and productions at BVCCC.
Furthermore, it is timely to highlight the BVCCC has conflicting objectives. There is an expectation that the BVCCC facility works towards achieving a ‘cost neutral’ basis and operates as a commercially viable asset, but at the same time needs to make the facility accessible for Council use and for use by community groups and not for profit organisations.
Prior to implementing options that may additionally facilitate greater utilisation of the BVCCC by community groups and not-for-profit organisations, it is important to recognise that this is likely to move further away from the facility achieving a fiscally balanced position.
There are several venue design limitations and restriction which BVCCC staff are required to navigate. Staff must consider the implications and impacts of one booking on another and manage the venue accordingly. Even if the client has only booked one space, the nature of the booking may render the additional available spaces in the venue un-usable.
Council use of the Biamanga room for the Council Chambers on Wednesdays has presented a multitude of issues for venue logistics and booking availability. These include:
· Inability to use the Auditorium during Council Meetings;
· For many bookings, as a result of the architecture of the space and Council Chambers direct proximity to the main Auditorium venue bookings have needed to cease due to the Council meetings occurring on a Wednesday;
· Council Chambers in the Biamanga Room presents challenges for scheduling and impacts on event timelines. This also affects the venues ability to take bookings such as performances, sound checks, technical rehearsals, dress rehearsals mid-week;
· Inability to offer the entire venue to clients for conferences;
· Inability to offer the entire venue to clients for an entire week;
· Venue staff do not have control over level one spaces on Wednesdays;
· If Council Meetings are held online, access to Biamanga Room for livestreaming is still required;
· Biamanga Foyer cannot be used for events functions on Council Meeting days;
· Unknown finishing times of workshops and meetings makes it difficult for the venue to take booking for functions in the Biamanga Foyer.
BVCCC staff have adjusted operations as a result of the pandemic and continue to adapt services in the ever-changing environment. The BVCCC venue assistant was temporarily redeployed to the Bega Valley Regional Learning Centre but as business as usual operations are getting back to normal this is not sustainable as it puts an additional workload on existing staff across the property services business unit and means paying overtime and engaging casuals on a frequent basis.
Options
The options available to Council are:
1. Reduction of fees and charges - Council could further revise the current fees and charges applicable to community groups and not-for-profit organisations, to better meet community expectations and increase access and usage of the BVCCC.
2. Fee waiver and fee reduction policy - Financial assistance and fee waivers are ongoing for the use of the BVCCC by community groups and not for profit organisations, claiming that the current adopted not-for-profit fees and charges are not viable for their events or productions. In previous circumstances, the General Manager has provided financial assistance to not-for-profit groups and community organisations from the General Manager’s delegation. The General Manager’s delegation procedure has since been reviewed and at this time, the procedure does not include applications for venue hire at the BVCCC. A review of the General Manager’s delegation procedure to include financial assistance and fee reductions for the BVCCC could be undertaken or Council could implement a fee waiver and fee reduction policy for BVCCC venue hire. This option would provide a transparent and equitable process, which can be applied to each request for the waiver or reduction in fees, outside Council’s adopted fees and charges. It will also provide an opportunity to allocate budget and control financial impacts.
3. Grant application - Council could implement a Community, Culture and Arts Development Fund which invites grant application submissions for BVCCC venue hire for not-for-profit groups and community organisations. A grant application process will provide an option to incentivise community group and not-for-profit organisations use. This option gives Council an opportunity to allocate budget and limit financial impacts and will also provide a transparent and equitable process that can be applied to each request for the waiver or reduction of fees, outside of Council’s adopted fees and charges. Furthermore, submissions to Council Festival and Events Grants, could include preference and improved assessment weighting for community groups and not-for-profit organisations, utilising the BVCCC as their event venue of choice.
4. Voucher - Like waste vouchers, Council could implement a voucher system to support use of the BVCCC by not-for-profit organisations and community groups in the Shire. This will provide a transparent and equitable process that can be applied to each request for the waiver or reduction of fees, outside Council’s adopted fees and charges but will be hard to quantify.
5. Partnerships - Council could collaborate and partner with community groups and not-for-profit organisations within the Bega Valley Shire to deliver events which will increase community participation and utilisation of the BVCCC. Implementing a partnership program will further facilitate development of the events program for the BVCCC, whilst maximising cultural and community outcomes. Partnering with key stakeholders will enable BVCCC to deliver large scale annual events that attract visitation to the region, as well as smaller community events and exhibitions, which provide a platform for local and emerging artists and establish the BVCCC as the cultural centre of the Bega Valley Shire region.
6. Entertainment budget - The BVCCC is the largest event, entertainment and performance space available in the Bega Valley Shire region, however the BVCCC does not have an entertainment budget to provide an annual events program. Council could nominate an amount to be provided to BVCCC on an annual basis to aid in the provision of entertainment and events which will increase community participation and utilisation of the BVCCC. This will also provide return on investment in terms of social and economic benefit across the Bega Valley Shire region, as well as actual revenue returned to the BVCCC.
7. Secure external funding through grants programs to facilitate more events at the venue
Community and Stakeholder Engagement
Council officers have collated a list of Bega venues that offer free or low-cost meeting rooms which can be provided to those community groups and not-for-profit organisations that cannot be accommodated within the BVCCC.
Engagement undertaken
In preparing this information for Council, officers invited key stakeholders to provide feedback on following questions:
• What has your organisation / community group used the Civic Centre for?
• What factors determined your decision to host the event at the Civic Centre? Eg. Location / facilities available / capacity.
• What made it successful?
• Details of community participation and the involvement of local people.
• What would your organisation / community group liked to have to use the Civic Centre for but hasn’t been able to? E.g. Event / function.
• What challenges are presented / barriers preventing the community group or organisation utilising the Civic Centre?
• What resolutions would you like to see implemented by Council to improve access and utilisation of the Civic Centre for organisations and community groups?
A summary of the responses received is attached for the information of councillors.
Council officers have also engaged with internal stakeholders from Risk, Finance and Community Development.
Engagement planned
Council officer will continue to liaise with the community regarding use of the BVCCC.
Financial and Resource Considerations
Due to the pandemic and shut down of the venue, the BVCCC has lost over $318,000 in booking revenue since March 2020. The above resolution is currently unfunded and if this continues, will worsen the financial position of the BVCCC by stimulating higher usage with lower cost recovery. Increased use by community groups and not-for-profit organisations will naturally see the asset less financially viable, as the hire fees are reduced. Consequently, this outcome has the potential to require additional budget from the general fund.
Community groups and not-for-profit organisations require more guidance for running events, in comparison to commercial hirers. Therefore, this equates to an increase in staff cost as more time and effort is required in assisting community groups and not-for-profit organisations with event logistics. If the resolution continues in effect a level of funding may need to be provided to the BVCCC budget to cover the staffing of community and not-for-profit events to ensure the financial and reputational risks to the BVCCC are minimised.
Legal /Policy
To deal with the public health risk of COVID-19 and its possible consequences, the Minister for Health and Medical Research has made several Orders, under section 7 of the Public Health Act 2010 (NSW). Orders can be amended frequently and BVCCC staff are constantly monitoring the everchanging environment.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
Since Council commenced internal management of the BVCCC, to better meet community expectations and financial outcomes, BVCCC has operated as a commercial business unit. To meet community, cultural and social needs, Council has invested in the operation of the BVCCC, while seeking to maximise commercial opportunities and optimise revenue streams for the facility.
To increase usage of BVCCC by community groups and not-for-profit organisations, Council could support a community focused facility instead. If Council does decide to support the venue as a community focused facility it will need to support the operation of the asset whilst seeking to optimise not-for-profit group and community organisation utilisation of the facility.
Council should seek to develop and implement a community strategic plan for the BVCCC, which establishes the principles that guide the future allocation and management of the BVCCC as a community focused venue.
Community Strategic Plan
Goal 3: Our economy is prosperous, diverse and supported by innovative and creative businesses.
Delivery Program 2020 – 2021
2.3.1 - Provide, manage and promote use of the Bega Valley Regional Learning and Commemorative Civic Centres
Operational Plan 2020-2021
2.3.1.2 - Promote the COVID Safe operation and offerings of the Bega Valley Commemorative Civic Centre’s facilities to encourage event bookings.
Environment and Climate Change
There is no environment and climate change matters associated with the options available to Council.
Economic
All options available to Council provide a level of economic activity or benefit to Council and the community.
Risk
Event management and venue operations are regular activities of Council and do not introduce new risks. However, the Council resolution does present several risks and in determining its direction, Council should consider the following risks associated with this report including but not limited to:
· Reputational risks:
o The resolution sets a precedent for Council diverting from the overall strategic direction and organisational objectives.
o The resolution may be seen to discriminate against other hirers who do not meet eligibility criteria but who are also impacted by the Public Health Order venue capacity restrictions.
o The foregone revenue is financially unsustainable for Council and subsequently may create negative media attention.
o Community perception and potential backlash for management of Council funds for covering the increased community use and overheads associated with those uses.
o The resolution may improve the reputation of Council as being responsive to community and market needs.
o Potentially this is a positive reputational risk story if it is managed well and is targeted at the right groups in the community.
· Financial risks:
o The resolution will have an impact on the BVCCC budget.
o There has been no funding source identified, should the shortfall in revenue need to be covered.
o Increased use at a lower cost will lead to higher usage with lower revenue and will most likely worsen the financial position of the BVCCC.
o Council is absorbing costs that could have been born by financially viable community groups, who will gain a financial advantage through the application of the resolution.
o The current booking policy is ‘first in first served’. A reduction in fees will act as an incentive to secure future booking dates. This could increase not-for-profit bookings and crowd out revenue generating commercial hires.
· Legal risks:
o Public Health Orders changes mid-way through venue hire agreement.
o The qualifying criteria in the resolution is dependent on capacity restrictions under Public Health Orders.
Social / Cultural
The reduced venue hire fees would support not-for-profit community organisations to deliver social and cultural events for the Bega Valley. Despite the limited opportunities for cost recovery presented by not-for-profit and community bookings, this is offset by the beneficial social and cultural outcomes as a result these events.
Attachments
1. Summary of community feedback on BVCCC (Confidential - As this attachment contains personnel matters concerning particular individuals as per Section 10A(2)(a) 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 personnel information. 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 31 March 2021 |
Item 11.6 |
The purpose of this report is to provide a recommendation to withdraw the current funding applications for the Cuttagee Bridge due to funding deed constraints.
Director Assets and Operations
It is recommended that Council:
Withdraw its funding applications under current rounds of the NSW Fixing Country Bridges Program and the Federal Building Better Regions fund relating specifically to the Cuttagee Bridge component and signal its intent to relodge applications under subsequent rounds of both programs.Continue to progress with the other steps resolved relating to Cuttagee Bridge as resolved at the 10 March 2021 Council meeting.
Executive Summary
Council recently considered a report on announced bridges funding that included Cuttagee Bridge. As part of that report Council resolved to accept funding under the NSW Government Fixing Country Bridges (FCB) program towards Cuttagee Bridge as well as to lodge an application for Cuttagee Bridge to the Building Better Regions Fund (BBRF). Council has now received further information that changes the risk profile associated with accepting funding for Cuttagee Bridge.
Background
A report relating to timber bridges funding was considered by Council at the 10 March 2021 Council meeting. At that meeting Council resolved the following:
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
A copy of the report referred to above is attached to this report for further background.
When the previous report was presented, Council was only in receipt of a letter of offer and not a funding deed. Since considering that report Council now has a funding deed template for the FCB program and staff have had further detailed engagement with staff from Transport for NSW (TfNSW) responsible for delivery of the program.
Through review of the funding deed and discussion with TfNSW the risk to Council is considered to be higher than what was previously understood at the time of the previous report.
The increased risk results from the fact that the deed is explicit that if the project cannot be delivered within a two year time frame then Council will be responsible for the full cost of the project. TfNSW staff also believe that since members of the public have been making Ministerial representations and presenting a petition, it is likely there will be delays to the project that would mean it is unlikely to be delivered within the required two year timeframe.
Staff are of the opinion that although it may be possible to deliver the project within a two year timeframe it is more likely that this delivery timeframe cannot be achieved.
TfNSW staff are of the opinion that if Council does not voluntarily withdraw the application then they will initiate withdrawing the funding from Council. They also advised they are of the opinion Councils’ chances of receiving funding in a subsequent FCB round will be higher if Council voluntarily withdraws now than if the funding is taken away.
It is also important to note that Councils’ funding application to the Building Better Regions Fund presented the FCB funding as a co-contribution which is a pre-requisite for the BBRF program.
Although there is an indication that there will be a further round of FCB, it is not yet guaranteed and there is no indication available as to when this will occur or be known.
Options
There are two principle options associated with this report each of which have different consequences and sub options.
Firstly, Council has the option to not change its previously resolved position to accept the funding for Cuttagee which may have the consequence that the funding is withdrawn. It is important to note that Council does not yet have a funding deed for Cuttagee and would not likely receive one. If Council did proceed down this pathway there may be the option to advocate for a unique deed (relative to the rest of the program) that provides for a longer than two year delivery timeframe. It is not expected that this would be supported by TfNSW.
The second principle option is for Council to withdraw its application to FCB for Cuttagee bridge. Under this option Council would then have the sub options to withdraw its application under BBRF or alternatively noting that Council no longer has a guaranteed right to the BBRF funding body and advise Councils’ ability to deliver on their grant would be subject to successful funding in a future round of FCB or through another source. It is anticipated that either way, Councils’ chance of securing funding under BBRF is now significantly reduced.
Community and Stakeholder Engagement
The previous report considered by Council and attached to this report outlined engagement undertaken and planned. It is recommended that further engagement proceeds in accordance with the previous report noting the only difference now being that funding is not yet secured, although Councils intent has not changed.
Ongoing engagement with TfNSW staff has been occurring, however no consultation has occurred yet with the BBRF funding body with respect to the potential changes outlined in this report.
Engagement undertaken
Refer to attached report.
Engagement planned
Refer to attached report.
Financial and Resource Considerations
The attached report includes financial information. There is now a financial risk that Council is unable to secure future funding for the replacement of Cuttagee Bridge and does not have the resources to continue to maintain Cuttagee Bridge.
It is recommended that Council allocate resources at the March quarterly budget review to undertake further work to ensure the Cuttagee Bridge replacement continues to progress to the point where it can be delivered within two years of the next round of FCB assuming this occurs.
Legal /Policy
Refer to attached report.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
Refer to attached report.
Environment and Climate Change
Refer to attached report.
Economic
Refer to attached report.
Risk
In addition to the risks outlined in the attached report further risks have been described above. Council is now in the unfortunate position where it is at risk that there will not be funding available to replace Cuttagee Bridge now or in the future and that Council does not have adequate resources to continue to maintain Cuttagge Bridge. There is an increasing risk that the longer replacement of Cuttagee Bridge is deferred the higher the risk of bridge failure and loss of access of any kind as well as a risk of a gradual increase in limitations of access.
Social / Cultural
Refer to previous report noting that since the previous report was considered by Council it has been further emphasised that there are different perspectives in the community relating to the future of Cuttagee Bridge.
Attachments
1⇩. 2021.03.10 Council Report - Bridges funding
Council |
31 March 2021 |
12.1 Review of Procedure 6.12.7 Public Interest Disclosures Internal Reporting System 100
Council 31 March 2021 |
Item 12.1 |
12.1. Review of Procedure 6.12.7 Public Interest Disclosures Internal Reporting System
Proposed amendments and additions to Bega Valley Shire Council’s procedure 6.12.7 Public Interest Disclosures Internal Reporting System.
Director Business & Governance
That Council notes and adopts the updated Procedure 6.12.7 Public Interest Disclosures internal reporting system.
Executive Summary
All NSW public authorities that are covered by the Public Interest Disclosures Act 1994 (PID Act) are expected to comply fully with all their obligations under that Act.
Under the PID Act, the General Manager as the head of the public authority is responsible for ensuring that:
• Council has an internal reporting Procedure.
• staff and Councillors are aware of the contents of the Procedure and the protection under the PID Act for people who make public interest disclosures.
• Council complies with the Procedure and the Council’s obligations under the PID Act.
• the Procedure delegates at least one staff member as being responsible for receiving public interest disclosures. Clause 3.20 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW requires the person appointed as complaints coordinator or alternate complaints coordinator must also be a nominated disclosures coordinator appointed for the purpose of receiving and managing reports of wrongdoing under the Public Interest Disclosures Act 1994.
The NSW Ombudsman recommends Councils nominate more than one person as being responsible for receiving public interest disclosures.
Background
Council regularly undertakes review of procedures. This report presents the updated procedure 6.12.7 Public Interest Disclosures for noting and adoption.
The procedure has been updated using information provided by the NSW Ombudsman’s Office to ensure the procedure covers the requirements of an internal reporting policy under the PID Act.
Once adopted the procedure will be published on Council’s website and circulated to all staff. Information on the procedure is communicated to staff as part of Council’s staff induction program.
Options
There have been no options considered for this report. The review of the procedure to align with requirements of legislation are recommended.
Community and Stakeholder Engagement
People who work in the public sector are usually best placed to know when a colleague is doing the wrong thing, systems aren’t working properly, or a public authority is wasting public funds. The Public Interest Disclosures Act 1994 (PID Act) sets in place a system to encourage public officials to report serious wrongdoing.
The NSW Ombudsman is responsible for promoting public awareness and understanding of the PID Act and monitoring its operation. We provide advice and guidance to public sector workers who are thinking about reporting serious wrongdoing.
This procedure promotes reporting under PID Act in Bega Valley Shire Council. We provide annual reports on the activities undertaken to increase awareness of this procedure and the purpose of the Act.
Engagement undertaken
Relevant Council staff have participated in online training programs to build on current knowledge and experience in the provisions of the PID Act, including the review of this procedure. Ongoing engagement will be undertaken and reported to the NSW Ombudsman as required.
Engagement planned
There are various ways to promote the procedure and reporting process. Council will continue to use communication tools for this purpose.
Financial and Resource Considerations
Work undertaken by Council officers in preparing draft documents and distribution, as well has managing any disclosure received under the PID Act forms part of normal duties and is included in the operational budget of the business and governance teams.
Legal /Policy
All NSW public authorities that are covered by the Public Interest Disclosures Act 1994 (PID Act) are expected to comply fully with all their obligations. Under that Act the Council has an obligation to develop and maintain a procedure to manage the internal reporting system
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
Regular review and update of Councils Procedures aligns to Council’s Operation Plan areas:
6: Strong, Consultative Leadership
Goal 11 We are an informed and engaged community with a transparent, consultative and responsive
6.11.8: Develop and implement good governance systems
Environment and Climate Change
There are no direct Environment and Climate Change implications associated with presenting this receive and note report.
Economic
There are no direct Environment and Climate Change implications associated with presenting this report for receiving and noting.
Risk
Management of public interest disclosures assists with control of potential strategic and operational risks such as, financial, reputational and health and safety. The PID Act is a procedure that promotes reporting of serious wrongdoing in the following areas:
· Corrupt conduct
· Serious Maladministration
· Serious and substantial waste of public money
· Failure to comply with the Government Information Public Access Act
· Breach of Pecuniary interest obligations under the Local Government Act.
Social / Cultural
There are no direct Social/Cultural implications associated with presenting this report for receiving and noting. Council’s internal culture is key to ensuring that Councillors and staff are aware of PID and are comfortable that making such disclosures are required and treated appropriately.
Attachments
1⇩. Draft Procedure 6.12.7 Public Interest Disclosure Internal Reporting System for adoption by council
2⇩. Current Procedure 6.12.7 Protected Disclosures Internal Reporting V4
Council |
31 March 2021 |
Item 12.1 - Attachment 1 |
Draft Procedure 6.12.7 Public Interest Disclosure Internal Reporting System for adoption by council |
31 March 2021 |
|
Item 12.1 - Attachment 2 |
Current Procedure 6.12.7 Protected Disclosures Internal Reporting V4 |
Council |
31 March 2021 |
13.1 RFT 2021-80 Works and Services Panel............................................................ 126
13.2 NSW Property Tax Proposal.............................................................................. 140
13.3 Certificate of Investment.................................................................................. 144
Council 31 March 2021 |
Item 13.1 |
13.1. RFT 2021-80 Works and Services Panel
This report recommends the establishment of the RFT 2021-80 Works and Services Panel and initial appointment of businesses to the Panel categories.
Director Business & Governance
That Council:
1. Approve the establishment of the Works and Services Panel tendered via RFT 2021-80.
Approve the appointment of businesses to the Panel’s categories as per the confidential attachment.Delegate the execution of individual contracts and all future appointments to the Panel to the General Manager.
Executive Summary
Request for Tender (RFT) 2021-80 Works and Services Panel was released via VendorPanel on 3 February 2021. The Panel consolidates civil works, trade services and related consulting and engineering management disciplines into twenty four (24) categories outlined in the Panel Overview (attached). If approved the Panel will operate as a preferred supplier list of pre-qualified contractors under standardised, pre-negotiated terms and conditions.
At the time of writing, one hundred and twenty eight (128) entities have registered interest in the panel. As at 5 March 2021, of these registrations, thirty seven (37) entities had indicated their proposals were complete and these were evaluated. The evaluation was conducted over two sessions on 5 March 2021 and 10 March 2021.
The Panel aims to appoint over one hundred (100) business across the twenty four (24) categories of the Panel to meet Council’s requirements for low to medium value, low to medium risk civil works, trade services and related consultancy and engineering management.
It is intended that the Panel replaces three (3) Council Panels; the Trade Services Panel (expired September 2020), the Sewerage Works Panel (expiring June 2021 unless extended) and the Civil Works Panel.
Background
The Trade Services Panel was established in 2017 with a contract term of three (3) years with two (2) x one (1) year options to extend. The Trade Services Panel was poorly supported by local and non-local businesses, with twelve (12) categories having fewer than three (3) businesses, and three (3) categories having no businesses under the panel. Only one hundred and eighty six (186) requests were launched via VendorPanel in its three years of operation. It locked in businesses to a fixed schedule of rates with no mechanism for price increases via indexation. The initial three year term expired in September 2020 and it was determined not to extend this term as the Panel was not meeting the needs of Council or industry.
The opportunity to consolidate all three civil works and trade services related Panels saw the development of the tender specification for the Works and Services Panel. The Panel operates with the following contractual specifications (summarised):
· Contract Term: Three (3) years, open membership pending assessment of initial minimum qualifications
· Commencement Date: 1 April 2021
· Expiry Date: 31 March 2024
· Period of extended term: Two (2) x one (1) year options
· Extension Commencement Date: 1 April 2024, 1 April 2025
· Final Expiry Date: 31 March 2026
· Rates: Fixed for 12 months increments, subject to rise and fall against ABS published CPI quarterly report for the previous 12 months
· Operates under AS4920-2003 General conditions of contract for provision of asset maintenance and services (default), or the Council’s Purchase Order Terms and Conditions, determined by Council staff per individual engagement of businesses for works.
The evaluation criteria and associated weighting were set as follows:
Services Value (Schedule of Rates) |
50% |
Recognition of local outcomes, demonstration of support for local |
10% |
Experience providing similar Services |
10% |
Demonstrated capacity to undertake Services of this nature |
15% |
Due Diligence Compliances – Qualifications, Licenses, Work health and safety, quality and environmental management certifications |
15% |
Options
The Council may choose to take no action i.e. to abandon the establishment of the Works and Services Panel. This option would leave Council without a Panel of businesses that have been pre-qualified and assessed for compliances and value-for-money. All requests for works would require an open market quotation or tender. This option is not recommended.
The Council may choose to extend the operation of the existing and expired Panels. This option is not recommended:
· The Trade Services Panel was not well supported by industry and was subsequently poorly used by Council staff as it did not adequately meet their needs.
· The Civil Works Panel was not established with a contractual basis; it operated as a supplier list of businesses willing to perform bushfire recovery services. The use of this panel for the full range of civil works the Council requires exposes considerable contractual risk. It also lacks the full range of categories required by the Council.
· The Sewerage Works Panel has been operating efficiently, but only has eleven (11) suppliers and is limited in scope to small, medium and large sewer and water network based works.
The Council may choose to establish the Works and Services Panel under the Tendered specification, gradually appointing businesses to the appropriate categories to meet the needs of Council and Industry. There are thirty seven businesses with individual recommendations made under this report. This option is not without risks (detailed below). This is the recommended option.
Community and Stakeholder Engagement
The Tender specification was developed with strong consultation of the Strategic Leadership Group of Council.
Engagement undertaken
An industry briefing was conducted on 24 February 2021 over two sessions. The briefings were well supported, with over 80 attendees across the two sessions. This was not a mandatory pre-Tender meeting.
Engagement planned
Following establishment of the Panel (if approved) and the first appointment of businesses to the Panel, it is intended that the Procurement and Contracts team will contact and support businesses who have not completed their proposals to ensure maximum possible participation.
To maintain appropriate probity, support will be limited to guiding businesses on how to complete the forms and schedules required to complete their proposals, and how to navigate VendorPanel to correctly load their proposal.
General communications with local businesses will continue to encourage appropriate local suppliers to apply for the Panel.
When established, the Panel will provide the contractual mechanisms to support and communicate with approved businesses to continue to build economic capabilities of the Shire, be transparent on Council’s use of the Panel and the volume and value of works engaged.
Financial and Resource Considerations
Establishing the Works and Services Panel will drive resource efficiencies for Council in securing goods and services, although quantifying these savings is difficult to estimate with the data Council has available.
The Tender process aims to drive competition to ensure value-for-money proposals and contractual terms for Council. These are difficult to model with the data Council has available.
Preparation, administration and management of the panel is undertaken as a core service provided by the Procurement and Contracts Team.
Legal /Policy
The Tender process was conducted in accordance with the Local Government Act 1993 (NSW), Local Government (General) Regulations 2005 (NSW), Tendering Guidelines for NSW Local Government 2009, and Council’s Policy 6.08 Procurement of Assets and Services.
The use of Procurement Panel arrangements is considered best practice in procurement for government entities, as described in the Australian National Audit Office report Establishment and Use of Procurement Panels 2012.
The Panel’s contractual basis relies on AS4920-2003 General conditions of contract for provision of asset maintenance and services (default), or the Council’s Purchase Order Terms and Conditions. Both provide strong protections for Council to ensure value, quality, and timeliness in supply of goods and services. The option to use one or the other per individual engagement provides flexibility for Council in appropriately managing legal and operational risks via contractual obligations.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
CSP 6: Strong, Consultative Leadership
DP 6.12: Our Council is financially sustainable, and services and facilities meet community need
Environment and Climate Change
The recommendation of this report does not have impacts on the environment or climate change.
Economic
The Panel aims to increase the participation of local businesses in supplying goods and services to Council. A 10% weighting was provided in evaluations for assessing the Recognition of Local Outcomes conducted in line with the Council’s policy. It provides a contractual mechanism to work with approved business to enhance their competitive service offerings whilst driving competition and value-for-money outcomes for Council.
Risk
The following risks are presented for consideration.
Operational Risks – The Council may fail to attract businesses (particularly local) to meet all civil works and trade services needs (categories) of the Council. This risk is mitigated if the Council adopts the Works and Services Panel, providing a basis for Council staff to encourage businesses to apply for the Panel at any time over the initial three (3) year term, with incentives such as schedule of rates indexing against Consumer Price Index. This risk is not mitigated if the Council chooses to take no action, or to extend existing Panels.
Contractual Risks – No procurement activity or framework is without contractual risk. The use of AS4920-2003 General conditions of contract for provision of asset maintenance and services as the default contractual conditions or Council’s Purchase Order Terms and Conditions provides scalable, strong, standardised conditions to mitigate a range of contractual risks such as: scope and price variations, deviations, delays, damages, disputes, frustration and poor performance and/or quality. This risk is not mitigated if the Council chooses to take no action, and partially mitigated if the Council chooses to extend existing Panels – noting the Civil Works Panel does not have a standard contractual basis.
Fraud and Corruption Risks – All Government procurement activities have an inherent risk to fraud and corruption. This risk is mitigated by approving the Works and Services Panel by ensuring a legislatively compliant process has been followed, establishing strong standardised contractual terms and procurement procedures to secure goods and services. This risk is unmitigated if the Council chooses to take no action, and partially mitigated if the Council chooses to extend previous panels noting their poor performance, limited scope or lack of a standard contractual basis.
Reputational Risks – The establishment of procurement panels and the necessary due diligence required to establish panels of pre-qualified preferred suppliers has met resistance from local businesses due to concerns of competition with larger, non-local suppliers, the administrative burden in applying and the poor performance of previous panels. This risk is partially mitigated by approving the Works and Services Panel with more favourable industry incentives, providing the opportunity for Council, and Industry, to do better with this Panel than previous Panels. This risk will always be in tension with the requirement to mitigate the previous three risks.
Social / Cultural
Council’s policy gives regard to social and cultural responsibilities of Council operations through items such as Recognition of Local Outcomes.
Attachments
1⇩. Works and Services Panel overview
2. Assessment Summary and Recommendation Report 5 and 10 March 2021 (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.
Item 13.2 |
13.2. NSW Property Tax Proposal
This report details the NSW Governments’ Property Tax Proposal and the Canberra Region Joint Organisation (CRJO) feedback to the consultation paper.
Director Business & Governance
That Council receive and note the CRJO feedback to the NSW Governments Property Tax Proposal provided in the report.
Executive Summary
The NSW Government is considering a change to its property tax system. The Government is proposing a new annual property tax option that would ultimately replace both stamp duty and land tax.
This change could provide a critical economic boost to the economy with a projected $11 billion over four years.
The NSW Government has undertaken a public consultation process to help shape the reform. The Government released a Consultation Paper to help inform the public and interested stakeholders during the public consultation period.
Background
Over time, numerous experts have called for the abolition of stamp duty. The most recent call for stamp duty reform was made by the NSW Review of Federal Financial Relations (2020). The FFR Review found that an annual tax on land values would raise the same revenue at a lower economic cost.
The Consultation Paper sets out a high-level design detailing what the new property tax could look like, and how NSW residents could be empowered to transition to the new scheme at their own pace.
Property purchasers could choose between paying stamp duty upfront or paying a smaller annual property tax. If the property being purchased is a residential investment property or commercial property, the property tax would replace any applicable land tax as well as stamp duty.
Options
This report is for the information of Councillors and there are no options associated with the content of this report.
Community and Stakeholder Engagement
Member Councils of the CRJO provided input into the submission to the Consultation Paper. This was lodged by the CRJO on Tuesday 16 March 2021.
Engagement undertaken
There is no community engagement associated with the recommendation of this report.
Engagement planned
There is no further engagement planned as a result of the recommendation of this report.
Financial and Resource Considerations
There are no financial and resource considerations associated with the receive and note report regarding the CRJO submission to the NSW Government Property Tax Proposal.
Legal /Policy
There are no legal or policy impacts associated with the recommendation of this report.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
CSP: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.
DP: We are an informed and engaged community with a transparent, consultative and responsive Council
Environment and Climate Change
There are no environment and climate change impacts associated with the recommendation of this report.
Economic
There are no economic impacts associated with the recommendation of this report.
Risk
There are no risks associated with the recommendation of this report. The submission is an advocacy opportunity to provide feedback in a consultation process being undertaken by State Government.
Social / Cultural
There are no social / cultural impacts associated with the recommendation of this report.
Attachments
1⇩. CRJO - Submission - NSW Property Tax Consultation Paper
Council |
31 March 2021 |
Item 13.2 - Attachment 1 |
CRJO - Submission - NSW Property Tax Consultation Paper |
Item 13.3 |
13.3. Certificate of Investment
This report details Council’s cash and investments as at the end of February 2021.
Director Business & Governance
1. That Council receive and note the attached reports indicating Council’s investment position as at 28 February 2021.
2. That Council note the certification of the Responsible Accounting Officer.
Executive Summary
I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council (BVSC), hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act), clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.
All investments have been appropriately recorded in Council’s financial records and reconciled monthly.
Background
Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council monthly, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.
In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in June 2010, the monthly Investments Reports are attached to the Council cash and investment report. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council meeting agenda for the relevant meeting.
Options
This is a receive and note report and does not require consideration of options for decision.
Community and Stakeholder Engagement
Engagement undertaken
NA
Engagement planned
NA
Financial and Resource Considerations
A list of Councils cash and Investments is detailed below.
Council’s revised interest income budget is $1,066,350, income earned to date is $510,965 (48%). It is worth noting that the T-Corp Strategic Cash Fund had a negative result that has reduced Council’s investment income.
These funds can be broken into the following Funds:
Table 1: Investments by Fund $’000 |
|||
Fund |
Dec-2020 |
Jan-2021 |
Feb-2021 |
General Fund |
24,809 |
27,928 |
26,657 |
Water Fund |
22,314 |
22,444 |
22,809 |
Sewer Fund |
40,128 |
39,797 |
40,347 |
TOTAL |
87,251 |
90,169 |
89,813 |
Each Fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects.
Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council. The following table provides details of all funds by restrictions:
Table 2: Investments by Restriction |
|
Source of Funds |
Value December 2020 |
Total cash and Investments |
$89,812,822
|
External Restrictions as at September QBRS |
$64,268,663 |
Internally Restrictions as at September QBRS |
$9,888,081 |
Unrestricted funds |
$15,656,078 |
Legal /Policy
Section 625 of the Local Government (LG) Act determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.
Clause 212 of the Local Government (General) Regulation 2005 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.
The report must also include a Certificate as to whether the investments have been made in accordance with the LG Act, the Regulations and the Council’s Investment Policy.
Council has an Investment Policy published under Policy number 6.07. This Policy is reviewed every four years by Council and annually by Council officers.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Strategic Alignment
6: Strong, Consultative Leadership
6.12: Our Council is financially sustainable and services and facilities meet community need
6.12.5: Improve the provision of corporate financial services
Environment and Climate Change
TCorp has provided BVSC with their Investment Stewardship Policy (attached to the report to Council report on 31 January 2018).
In order to deliver the best long-term risk adjusted returns for clients, TCorp integrates environmental, social and governance (ESG) factors into the investment processes of the appointed investment managers. TCorp will evaluate the ESG policies and practices of its investment managers as part of the manager selection process, as well as during periodic manager reviews.
Council revoked the Cash Management and Investment Strategy (6.07.3) on 25 November 2020. Our Finance team has commenced investigation of investment options available outside of the current TCorp strategy. Further options will be explored over the coming months.
Economic
Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of that investment is reported monthly, quarterly and annually.
Risk
Council policies have strict guidelines to reduce Councils risk to capital. Other legal instruments, such as the Ministerial Order referenced above, are used to mitigate financial risk.
Social / Cultural
Maximising performance of returns enables the organisation to leverage additional funding received as a result of investments and use these towards community projects, programs and services.
Attachments
Nil
Council |
31 March 2021 |
Councillor Reports
31 March 2021
14.1 Section 355 Montreal Goldfields Committee................................................... 149
14.2 Country Mayors Association meeting............................................................... 150
Council 31 March 2021 |
Item 14.1 |
14.1. Section 355 Montreal Goldfields Committee
As the Councillor Representative, I attended the inaugural Section 355 Montreal Goldfields Committee Meeting on Thursday 25 February 2021.
Cr Seckold, Deputy Mayor
Section 355 Montreal Goldfields Committee Meeting
The meeting was held at Montreal Goldfield, Bermagui.
Elected were:
· President Chris Franks
· Vice President Bob Hearn
· Secretary Sheila Brice
· Treasurer Marshall Binstock
· Public Officer Judy Hearn
Many thanks to Scott Baker – Community Development and Engagement Officer and his team for input and support.
Attachments
Nil
Council 31 March 2021 |
Item 14.2 |
14.2. Country Mayors Association meeting
A Country Mayors Association meeting was held in Sydney on 5 March 2021.
Cr Fitzpatrick
I attended the Country Mayors Association meeting in Sydney on 5 March 2021.
Presentations
There were presentations from the following:
LGNSW Update Cr Linda Scott, President
The update outlined Advocacy Wins December 2020 to February 2021, Work Undertaken and Opportunities for Collaboration. A copy of this report is available if required.
Hon Brad Hazzard MP, Minister for Health and Medical Research
The last twelve months have been grueling with severs restrictions. The State is trying to strike a balance between Regions and the City during a 100 year event. Shutdowns or limitation of movement in areas were required and overall the NSW community has respected the concerns and interests. Dealing with the other States in border areas has been stressful to some. The number of General Practitioners has dropped by 15% in regional areas in Australia as doctors do not want to work 24/7 as they want a balance in life and they need to be able to talk medically with others. The State has introduced generalist programs for generalist rural doctors and the additional money allocated to regional hospitals has attracted specialists. An additional $121million has been allocated for ambulance stations and $100 million for better ambulance facilities. Another 8,300 staff across the system are being employed. More is being done through virtual health which saves appointments for minor matters.
Mr David Salisbury, Executive Manager Engineering and Mr Geoff Burgess, Head of Strategic Council Partnerships, Essential Energy
Essential Energy covers 86 Local Government areas and is regulated by the Australian
Regulator which sets distribution charges. A major challenge is a contestable service. If
Essential Energy is unable to provide a service another provider is appointed and that provider
has to be supplied with design services etc. Essential Energy is working strategically with
Councils regarding energy needs and subdivisions. Renewal Energy Zones have been
established to plan for when coal mines close and other energy sources need to be found.
During the bushfires Essential Energy lost 3,200 poles and they are trying to transition from
timber poles to composite poles but unfortunately at the present time there are few providers
Other business arising and motions
Some of the other business arising and motions considered from the meeting included:
Issues of Importance to Country Mayors
The Chairman outlined the process of each items responsibility for implementation he had undertaken with LGNSW which was reviewed by the Executive Committee on Thursday 4 March 2021 A number of implementation alterations had been made which will be conveyed to LGNSW. It is recommended that the areas to receive immediate attention by Country Mayors be Water Security, Access to Health Services and Financial Assistance Grants and Country Mayors will endeavor to invite guest speakers relating to those areas to future meetings
RESOLVED That the Executive Committee continue with the agreed process (Orange City Council / Moree Plains Shire Council)
Financial Assistance Grants
1. RESOLVED That the Country Mayors;
1. Call on the Federal Minister for Regional Health, Regional Communications and Local Government the Hon Mark Coulton MP, to repeal Part 1 Sec 6 2b of the Local Government Financial Assistance Act 1995 to avoid the mandatory minimum per capita grant amount, as per the resolution passed at the Australian Local Government Associations National General Assembly in 2019.
2. Call on LGNSW and ALGA to review their policy positions on the Federal Governments Financial Assistance Grants to reflect the resolution passed at the ALGA 2019 National General Assembly and remove the pre-requisite of additional FAGs funding for any changes in the formula at present.
3. Call on the NSW Local Government Grants Commission to do everything within its power to ensure that no Council receives less than their 2020 FAGs allocation in the future, and that there be transitional arrangements put in place to ensure that the FAGs are distributed in accordance with the principles of horizontal fiscal equalisation as outlined in the Local Government Financial Assistance Act, should the Australian Government make the proposed changes to remove the minimum per capita grant amount. (Kyogle Council / Moree Plains Shire Council)
Solar Farms
Solar Farms and their effect on agricultural land was discussed.
Town Planning Zones
The State Government proposes to reduce Town Planning zones to three and the criteria will not be released until June. (Note: Council staff are working on this and will be reporting to Council).
Forced Amalgamations
The fact that several councils want to de-amalgamate was noted but councils need to wait for a review to be able to put their case
Relocating COVID Isolation to Rural Areas
RESOLVED That Country Mayors oppose the establishment of COVID quarantine accommodation in rural areas (Dubbo Regional Council / Moree Plains Shire Council)
Future Meetings of Country Mayors Association
RESOLVED That CMA General Meetings commence at 8.30am and conclude at 1.00pm, that guest speakers at General Meetings be limited to two, that additional time be allocated for General Business items, that the President of LGNSW be allocated time at each meeting for updates, and that General Business items be submitted by members in advance with the Chairman having the discretion to accept motions from the floor in an emergency (Tenterfield Shire Council / Kyogle Council)
Increases in RFS Contributions and Emergency Services Levy
RESOLVED that Country Mayors calls on the State Government to work with Country Mayors and LGNSW to develop and implement an Emergency Services Levy (Blayney Shire Council / Cabonne Shire Council)
Attachments
Nil
Council |
31 March 2021 |
Notices of Motion
31 March 2021
16.1 Merimbula Airport community reference group establishment...................... 154
Council 31 March 2021 |
Item 16.1 |
That Council receive a report on the establishment of a community reference group as part of the review and updating of the Merimbula Airport Masterplan.
Council is commencing work to review and update the Masterplan for the Merimbula Airport. As critical transport infrastructure asset it is important that the community and users have the opportunity to have input into the masterplan review. Council staff should continue community and user groups dialogue and engagement as opposed to just a reference group for the masterplan stage.
Cr Mitchell Nadin
Nil
Council |
31 March 2021 |
Questions with Notice
31 March 2021
17.1 Cr Nadin - Vehicle Procurement........................................................................ 156
17.2 Cr Bain Question on Notice - staff within all portfolio areas of Council........... 158
Council 31 March 2021 |
Item 17.1 |
Question with NoticeCr Nadin asked for information on the number of commercial passenger vehicles which have been purchased in our fleet over the last two years, and of those, how many have been procured from local suppliers?
Director Assets and Operations
Bega Valley Shire Council over the last three financial years to date has purchased 57 vehicles from outside the Shire and 68 from local dealers.
Council have spent $2.019m outside the Shire and $2.229m locally.
1⇩. Local vs Away spend on passenger and light commercial fleet - comparison 3 Financial Years
Council |
31 March 2021 |
Item 17.1 - Attachment 1 |
Local vs Away spend on passenger and light commercial fleet - comparison 3 Financial Years |
Council 31 March 2021 |
Item 17.2 |
17.2. Cr Bain Question on Notice - staff within all portfolio areas of Council
This report provides the response to Cr Bain’s Question Without Notice at the meeting of 17 February 2021.
Director Business & Governance
Questions Without Notice
On 17 February 2021, Cr Bain asked for a report on the number of staff across all portfolio areas of Council.
At 24 February 2021, the total Full Time Equivalent (FTE) positions of Council, including the Recovery, Rebuilding, and Resilience project team is 389. The total FTE number consists of:
· 224 personnel within Assets and Operations
· 100 personnel within Community Environment and Planning
· 44 personnel with Business and Governance
· 21 personnel within Recovery, Rebuilding and Resilience
A full breakdown of staff numbers within each portfolio is provided in the table below:
Assets and Operations Group |
224 |
Business and Governance |
44 |
Director and Executive Assistant |
2 |
Director and Executive Assistant |
2 |
Parks, Aquatics and Recreation |
15 |
Finance (incl. Customer Service & Revenue) |
21 |
Business Support |
7 |
Technology Services |
7 |
Water and Sewer |
59 |
People and Governance |
8 |
Property Services |
6 |
Procurement and Contracts |
3 |
Project Services |
8 |
Risk and Internal Audit |
2 |
Waste Services |
25 |
Corporate Planning and Improvement |
1 |
Works and Assets |
102 |
|
|
|
|
|
|
Community, Environment and Planning Group |
100 |
Recovery, Rebuilding and Resilience |
21 |
Director and Executive Assistant |
2 |
Project Lead and Executive Assistant |
2 |
Communication and Events |
5 |
Infrastructure and Services |
7 |
Certification and Compliance |
19 |
Economic Strategy and Projects |
5 |
Planning and Sustainability |
25 |
Health and Wellbeing |
7 |
Community Connections |
49 |
|
|
|
|
|
|
|
TOTAL FTE: 389 |
Attachments