Agenda of Council - 22 September 2021

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

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

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

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

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

· Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

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

Agency advice

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

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

Disclosure of pecuniary interests / non-pecuniary interests

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

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

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

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

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

Council 22 September 2021

Item 8.1

8.1. 1999.1438 Clay Target Shooting Range - Lot 101 DP 1172182, Murrah River Road - Additional Shoot Days

Director Community Environment and Planning

Applicant	Bermagui Field and Game Inc
Owner	Bermagui Field and Game Inc
Site	Lot 101 DP 1172182 (formally part of Lot 10 DP 849934), Murrah River Road, via Bermagui
Zone	RU2 Rural Landscape
Site area	24.6 Hectares
Proposed development	Section 4.55 Application to Modify Development Consent 1999.1438

Officer’s Recommendation

1. That Council approve the Section 4.55 Application to Modify Development Consent 1999.1438 for the Clay Target Shooting Range on Lot 101 DP 1172182, Murrah River Road, via Bermagui, by amending Condition 4 and including additional Conditions 11-14; as detailed in the Modification Notice and Amended Consent (Attachment 1).

2. That those persons who have lodged a submission be notified of Council’s decision.

Executive Summary

This matter was reported to Council on 4 August 2021 with a staff recommendation that the Section 96 (now described as Section 4.55) Application to Modify Development Consent 1999.1438 for an additional 12 shoot days per year for the purpose of safety and training, be approved by amending Condition 4 and including additional conditions.

Council resolved at that meeting to provide in-principle support for the staff recommendation but defer the matter subject to a separate report from staff to the next practicable meeting that provides an amended set of conditions of consent that clarifies the intent of the proposed amended conditions.

This matter is being reported back to Council for determination, providing an amended set of conditions of consent (Attachment 1), with clarification of the intent of those conditions.

Background

A copy of the staff report to 4 August 2021 Council meeting is provided as Attachment 2.

The following deputations were heard at the Public Forum held on 4 August 2021 prior to the Council meeting:

· Mr Patrick Dickson OBO Murrah River Action Group – AGAINST

· Mr Gary Pearse OBO Murrah River Action Group – AGAINST

· Mr Manfred Gegg – AGAINST

· Mr Neville Brady – FOR

· Mr Tony Crome - FOR

Council resolved, on the motion of Crs Fitzpatrick and Allen, that Council:

1. Provide in-principle support for the Officer’s Recommendation.

2. Request a separate report from staff to the next practicable meeting that provides an amended set of conditions of consent that clarifies the intent of conditions 11, 12 and 13(d) and references the most recent Planning for Bushfire Protection guidance in condition 15.

3. That those persons who have lodged a submission be notified of Council’s decision.

In favour: Crs Fitzpatrick, Bain, Nadin, Seckold and Allen

Against: Crs Griff and Dodds

Description of the Proposal

Development Consent 1999.1438 is for the use of the site as a Clay Target Shooting Range with Condition 4 limiting its use to a maximum of 12 shoot days in any one calendar year, unless otherwise approved by Council, with not less than 20 days between any event.

The submitted Section 96 (now Section 4.55) Application to Modify that consent requests the opportunity to undertake an additional 12 shoot days per year for the purpose of safety and training.

If approved, the Modified Consent would allow for a maximum of 24 shooting days per year on Sundays at the site.

The Club detailed that it would restrict the hours of the additional shooting days to between 10am and 5pm, on the second Sunday of every month.

The current terms of Condition 4 of the development consent states:

“The use shall be restricted to a maximum of 12 days (between the hours of 10.00am and 5.00pm) in any one calendar year unless otherwise approved by Council. There shall not be less than 20 days between any event.”

The Club seeks some flexibility for this additional training day, “to ensure harmonious relationships with all of their neighbours to be maintained, especially where a clash occurs with other community events.”

The Applicant has provided additional clarification since the Council meeting of 4 August 2021 to outline the proposed operation of training days:

We would like to think that training days would be popular with members wishing to improve, however attendance is indeterminate and as a generalisation the training days would be at a much lower level in terms of attendance, the number of shots fired and the number of shots fired at any instance to those of competition days. As a comparison:

Competition days typically have 40 shooters where competition involves four rounds of 25 targets from six or seven shooting stations. Shooting occurs from all shooting stations once competition commences.

Training days would typically have two to three shooting stations, set either for novices or a problem target for more experienced shooters. Estimated attendees could be 15 to 20 but likely much less. There would not be a set number of targets but estimated at 50. Supervised instruction would be given from one or two of the shooting stations where shooting would occur intermittently.

Description of the site

The site is described as Lot 101 DP 1172182 (formerly part of Lot 10 DP 849934) and is located approximately 10 kilometres south of Bermagui.

The site occupies an area of 24.6 hectares, is well vegetated and is accessed through Forestry Corporation of NSW land via Murrah River Road. The site is described as undulating with a small ridgeline traversing the site in a north-south direction. The site retains a number of free-standing structures including shipping containers that accommodate the storage needs of the Club.

Planning Assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 4.15 and Section 4.55 of the Environmental Planning and Assessment Act 1979.

A copy of the assessing officer’s Section 4.55 Assessment Report is included as part of Attachment 2.

Zoning

The land is zoned RU2 Rural Landscape under Bega Valley Local Environmental Plan 2013 (BVLEP 2013) with Recreational Facilities (Outdoor) permissible within the zone subject to development consent.

Recreation Facilities (Outdoor) is defined as,

“a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings)”.

It is considered that the proposed use of the site meets the definition of Recreational Facilities (Outdoor).

Review of draft conditions

In accordance with the Council resolution, staff prepared a revised set of recommended conditions to address the relevant matters outlined in the previous report and to clarify the required actions for the Applicant, should the modification be approved by Council.

The recommended modified conditions are those outlined in the proposed Modification Notice and Amended Consent (Attachment 1).

The staff recommended amended conditions seek to clarify the intent and timing of the proposed requirements as outlined below.

Draft Condition 11

The wording of draft Condition 11 (see Attachment 1) has been amended by Council staff to permit two training events to occur to practically enable appropriate noise testing to take place to validate compliance with the specified noise controls. Council staff maintain that the previous Renzo Tonin assessment undertaken in 2000 should still be considered and remains detailed in the draft consent condition given its previous test results for the site and identification of properties for testing.

Council staff do not recommend any further re-wording of this condition as it is considered the condition appropriately address the potential impacts of additional noise generated by the additional 12 training days per year.

Draft Condition 12

The wording of Conditions 12 and 13 (see Attachment 2) have been amended by Council staff and have been consolidated into one condition as Condition 12 (see Attachment 1). The intent of the recommended condition is to address the additional lead that would be generated by the extra training days at the site and to provide ongoing environmental monitoring in relation to contamination and noise.

As reported to Council on 4 August 2021, Condition 12 identified the need for an updated comprehensive sediment control plan for the site. The need for an updated sediment control plan is to address the additional material generated by the additional 12 training days per year at the site. The need for an updated sediment control plan has now been included with the other requirements for an EMP to ensure that the premises is appropriately reviewed and monitored into the future.

Draft Condition 13

This condition has only been changed for numbering purposes from that reported to Council on the 4 August 2021.

Draft Condition 14

This condition has been changed for numbering purposes from that reported to Council on 4 August 2021. It includes the most recent (2019) Planning for Bushfire Protection guidance.

Consultation with Applicant

Staff met with representatives of the Club, and after considering the matters discussed, provided a copy of the proposed revised conditions to the Applicant for comment.

The Applicant responded with a requested alternative set of conditions as outlined below:

11 Prior to regular training events occurring from the site, the Applicant shall provide Council with a field assessment noise report from a suitably qualified acoustic consultant that identifies that noise levels produced from the site on one permitted training day, do not exceed 90 dB (Lin) Peak Hold at the five most affected properties. The assessment shall be consistent with the NSW Target Shooting Ranges: Application Note for Assessing Noise Compliance.

Council will advise the Applicant prior to noise measurements being taken, of properties more affected than any of the five locations identified in the Renzo Tonin report dated 7 February 2000. If the field assessment noise report identifies that the noise levels produced from the sites do exceed 90 dB (Lin) Peak Hold at the most affected properties, the use for the purpose of training days shall not commence until measures are undertaken to mitigate the exceedance.

12 The applicant shall within one year of consent, develop an Environmental Management Plan (EMP) with the concurrence of Council staff and the NSW EPA, for the ongoing use of the land as a shooting range.

The EMP shall incorporate the following:

a) A methodology to contain contaminants associated with shooting activity on the subject land. The plan shall be based on the control of sediment (including waste lead shot) from the range particularly in extreme rainfall events. The lead shot 'fallout zones' shall be located on the plan and sediment control devices located downslope of these zones. The details shall provide for maintenance of the devices and the basis of their design. Consideration should be given in the plan for intermediate sediment control measures such as silt barriers to further restrict the movement of lead pellets.

b) A soil and water sampling program to monitor pollution identified in the Baseline Contamination Report prepared by ERM Consulting dated 10 July 2020. The methodologies and criteria for assessing and monitoring pollution are to be consistent with the methodologies and criteria adopted for the ERM Report. Sampling and reporting will be undertaken at intervals of no more than five years.

13 The Applicant shall within two years of consent, implement the sediment control measures developed in the EMP and have them inspected by Council's Manager of Certification and Compliance or their delegate.

14 The Applicant shall provide Council with results of soil and water monitoring in electronic format within seven days of receipt from a NATA registered laboratory.

15 The Applicant shall within one year of consent, prepare and submit to Council, a Bush Fire Emergency Management and Evacuation Plan. The plan should be consistent with the NSW RFS document: A guide to developing a bush fire emergency management and evacuation plan and be undertaken in consultation with the Bega Valley Rural Fire District.

Staff commentary on Applicant’s suggested condition wording

The Applicant’s recommended rewording of conditions 12 and 13 are generally consistent with the amended staff conditions; however, the Applicant seeks a period of 12 months to develop an Environmental Management Plan (EMP) and two years to implement the sediment control measures developed in the EMP.

Council staff recommend that the provision of the EMP, including an updated sediment control plan, be provided before regular training events commence at the site to ensure that appropriate environmental monitoring associated with contamination and noise commences from the regular additional use of the site for training events. This provides certainty for persons who made submissions to Council raising concerns about the additional impacts of a further 12 training events per year regarding both noise and contamination.

The wording of the staff recommended draft condition also ensures that the results of both noise and contamination are undertaken by appropriately accredited acoustic consultant regarding noise monitoring and a NATA registered laboratory regrading soil and water monitoring, which the Applicant provides no commitment to in their alternative rewording.

The Applicant has also requested a period of 12 months to provide the Bush Fire Emergency Management and Evacuation Plan required by Condition 14. Council staff do not recommend any further re-wording of this condition as it being applied to ensure for the safety of new persons who are likely to attend the site for training purposes. It is considered that this needs to be in force when regular training events commence at the site.

Options

Council has the option to:

1. Approve the application to modify the consent as per the staff recommendation and in accordance with the amended conditions of consent identified in Attachment 1.

2. Defer determination of the application and request a separate report from staff to the next practicable meeting providing Council with an amended set of conditions. Councillors would need to identify the conditions to be modified and the grounds for amending the conditions.

3. Defer determination of the application and request a separate report from staff to the next practicable meeting advising Council of matters under Section 4.15 of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the refusal of the proposed modification of DA 1999.1438 including reasons for refusal of the proposed modification in the event that Council ultimately determines to refuse the Section 4.55 Application.

Financial and Resource Considerations

The processing of the Section 4.55 Application has been undertaken as part of Council’s regular work program and within the adopted 2021-22 budget.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic alignment; environment and climate change, economic, social and cultural impacts; and risks of the proposal were considered in detail in the report to the 4 August meeting of Council (Attachment 2) and remain relevant to the recommendation before Council in the current report.

Attachments

1 ⇩. Proposed Modification Notice and Amended Consent

2 ⇩. Council report dated 4 August 2021

Council	22 September 2021
*Item 8.1 - Attachment 2*	Council report dated 4 August 2021

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Council 22 September 2021

Item 8.2

8.2. Planning Proposal for Rural Residential Land Griegs Flat

This report seeks a Council resolution to submit a planning proposal for land at Griegs Flat to the Department of Planning, Industry and Environment for Gateway Determination, based on the zoning and lot sizes detailed in this report.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council submit the Griegs Flat Planning Proposal (Attachment 1) to the Department of Planning, Industry and Environment for Gateway Determination.

2. That following Gateway Determination, the Planning Proposal be placed on public exhibition.

3. That at the conclusion of the exhibition period, Council officers prepare a further report to Council if material amendments to the Planning Proposal are required to address submissions received during the exhibition period.

4. That should no material amendments to the Planning Proposal be required in response to submissions received during the exhibition period, Council officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

Executive Summary

The purpose of this report is to seek Council’s approval for a Planning Proposal for lodgement with the Department of Planning, Industry and Environment (DPIE). This Planning Proposal is consistent with the Bega Valley Shire Rural Residential Strategy, which identifies the site as an area suitable for rural residential development. This Planning Proposal will result in an additional two rural residential lots being able to be approved through a future development application for subdivision.

Background

Lots 60 and 61 DP 861043 at 3900 Princes Highway, Greigs Flat, have combined area of four hectares (ha). The site is located approximately 3.2 kilometres (km) south of the town of Pambula, 900 metres (m) from South Pambula and is adjacent to the Princes Highway and Nethercote Road intersection.

Council’s adopted Rural Residential Strategy provides strategic direction for the future growth and management of rural residential development. Part of the site is identified as being suitable for rural-residential development in the Strategy. The site is currently zoned RU2 Rural Landscape and E2 Environmental Conservation under Bega Valley Local Environmental Plan 2013 (BVELP 2013) with a minimum lot size of 120 ha.

The owner of the land has submitted a Planning Proposal to Council that seeks to implement the recommendations of the Rural Residential Strategy by amending BVLEP 2013 to enable subdivision of the site to create:

• Two rural-residential lots on the portion identified in the Rural Residential Strategy of with an area of approximately 8,000 square metres (m²) in size located within the land currently zoned RU2; and

• A residual lot of greater than 2 ha, which would contain the existing dwelling and land currently zoned E2.

The following amendments to BVLEP 2013 are proposed:

• Rezone approximately 2.6 ha of the site from RU2 to E4 Environmental Living with a minimum lot size of 8,000 m² (0.8ha)

• Extend the existing E2 zone over part of the site with a minimum lot size of 120 ha

Options

Options available to Council are to:

1. Resolve to support the Planning Proposal and forward it through to the Department of Planning, Industry and Environment for Gateway Determination. This is the recommended option.

2. Not support the Planning Proposal.

Community and Stakeholder Engagement

Engagement undertaken

Pre-lodgement consultation has been undertaken with the NSW Biodiversity Conservation Division of DPIE and Transport for NSW.

Engagement planned

The Gateway Determination will confirm community consultation requirements. It is likely that the Planning Proposal will be exhibited as a ‘low’ impact proposal for a period of not less than 14 days in accordance with Section 5.5.2 of A Guide to Preparing Local Environmental Plans (DPIE 2018).

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

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

If no objections to the Planning Proposal are received and no changes are required to the Planning Proposal, it is recommended that Council resolve to authorise staff to proceed to finalise the proposed amendment to BVLEP 2013.

Financial and Resource Considerations

The Planning Proposal has been prepared by the applicant and the applicable fee received in accordance with Council’s adopted Fees and Charges 2021-2022. Any additional costs incurred for advertising the Planning Proposal will be passed on to the applicant.

Legal /Policy

This Planning Proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the DPIE’s A Guide to Preparing Planning Proposals (2018).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Planning Proposal is consistent with the Bega Valley Shire Rural Residential Strategy, Planning Priority 11 of the Bega Valley Shire Local Strategic Planning Statement 2040, Strategies 7 and 11 of the Bega Valley Shire Community Strategic Plan 2040 and Directions 5 and 28 of the South East and Tablelands Regional Plan 2036.

Environment and Climate Change

The Planning Proposal supports future rural residential growth, having regard to environmental considerations and sustainability principles.

Economic

The Planning Proposal supports provision of additional rural residential opportunities to supplement the residential options available in the market.

Risk

The Planning Proposal is consistent with the recommendations of the adopted Rural Residential Strategy and does not introduce any new risks to Council.

Social / Cultural

The Planning Proposal supports provision of additional rural residential opportunities to meet the needs of the community for provision of housing.

Attachments

1 ⇩. Planning Proposal Rural Residential Land 3900 Princes Highway, Griegs Flat

Council	22 September 2021
*Item 8.2 - Attachment 1*	Planning Proposal Rural Residential Land 3900 Princes Highway, Griegs Flat

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Council 22 September 2021

Item 8.3

8.3. Nomination of Royal Willows Hotel Pambula as a Local Heritage Item

This report seeks Council’s direction regarding the nomination of the Royal Willows Hotel in Pambula as a Local Heritage Item under Schedule 5 of the Bega Valley Local Environmental Plan 2013.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve not to support the nomination for listing the Royal Willows Hotel as a Local Heritage Item in Schedule 5 of Bega Valley Local Environmental Plan 2013.

2. That those submitting the nomination be advised of Council’s decision.

Executive Summary

Council has received a request from several community members to nominate the Royal Willows Hotel in Pambula as a Local Heritage Item in Schedule 5 of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013). This report seeks a resolution of Council not to list the site as a Local Heritage Item on the advice of Council’s Heritage Advisor, who found that the building does not meet the criteria for local heritage listing primarily due to the building’s poor physical condition and lack of original fabric.

Background

Several community members have requested that the Royal Willows Hotel in Pambula be listed as a Local Heritage Item in Schedule 5 of BVLEP 2013 (Attachment 1). The building is not currently listed in BVLEP 2013 and is located within the Pambula Main Street Conservation Area.

The nomination included detailed information about the building’s historical and social values, aesthetic appeal and contribution to character and outlined the building’s past and present cultural associations with the town; however, it did not include an assessment of the physical condition of the building.

The request for heritage listing was considered by Council’s Heritage Advisor in the context of discussions with the owner of the property who was exploring options to redevelop the site (Attachment 2). When considering the nomination for heritage listing and the issue of whether the hotel should be retained or could be adapted to a new use, the Heritage Advisor considered the historical, aesthetic and social values, financial considerations as well as the condition and integrity of the building.

The Heritage Advisor conducted an extensive inspection of the hotel building, reviewed the information provided in the nomination for heritage listing, reviewed a report prepared on behalf of the owner on the physical state of the building and fire risk potential, and information from Council about the façade being located in the Quondolo Street Road Reserve. The Heritage Advisor found that:

• the condition of much of the hotel is poor

• only a small section of the original façade remains, and a substantial proportion of the existing structure is composed of later additions of medium to poor quality

• much of the original fabric of the building has been lost due to successive adaptations over time

• the major components of the original structure that still exist are found in the sections of external wall (north, south and corner returns located along the eastern wall), some internal loadbearing wall remnants and the hipped roof structure

• it is unlikely that the existing roof cladding is original

• floors in the original hotel section are subsiding and there is some cracking in the wall surfaces and sagging of ceiling lining

• the building displays a tired ambience and the overall amenity of the internal spaces is poor

• the integrity of the hotel is mixed with some remnant original form and fabric elements while most of the front wall is made of new material and the main façade is a faux reproduction that loosely incorporates former façade elements.

In relation to the possible cultural significance of the accommodation units located at the rear of the bottle shop, the Heritage Advisor found that the amenity that the units provide is significantly below that of other, more contemporary, accommodation providers in the near vicinity of the hotel.

The Heritage Advisor concluded that:

· the site is a very important element of the townscape of Pambula, as described in the heritage listing nomination, and

· its ongoing commercial viability as a hotel is open to question and the owner’s right to pursue a change of use or re-development option was both fair and reasonable; and

· a local heritage nomination was not supported.

The Heritage Advisor stated that the building makes a historic, aesthetic and social contribution to the Pambula Main Street Conservation Area and it is important that the cultural values and the contribution that the building makes to the streetscape are conserved. The Heritage Advisor recommended that new plans for the re-development of the property be developed in consultation with a town planner and suitably qualified heritage consultant or architect.

In reaching these conclusions, the Heritage Advisor stated that they had sought to

“provide a positive, realistic and pragmatic response to the owner’s need to secure the economic viability and long-term functioning of the property while seeking to strike a balance with community concerns regarding the perceived social damage caused by the proposed demolition of the hotel, its re-development potential as a ‘green’ supermarket and the possibility of diminishing the shire’s heritage values and causing damage to Pambula citizens’ senses of place.”

Options

Options available to Council are to:

1. Support the recommendation not to list the Royal Willows Hotel as a Heritage Item. This is the recommended option.

2. Alternatively, Council could opt to list the Royal Willows Hotel as a Local Heritage Item. This is not recommended due to the limited heritage value retained at the site.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have engaged with the landowner and the community members who made the nomination; however, no other community consultation has been undertaken regarding this matter.

Engagement planned

No further community consultation is planned regarding this matter.

Any future development on the site would be subject to community consultation, in accordance with Council’s adopted Community Engagement Strategy. That consultation would inform assessment of any such application for development consent.

Financial and Resource Considerations

Assessment of this heritage nomination has been undertaken within Council’s adopted 2021-2022 budget.

Should Council resolve to support the nomination of the Royal Willows Hotel to be listed as a Local Heritage Item, the preparation of a planning proposal and its public exhibition will be scheduled into Council’s upcoming work program and budget.

Legal /Policy

Review of the heritage nomination has been undertaken in accordance with the requirements of Council’s land use planning instruments.

Should Council resolve to support the nomination of the Royal Willows Hotel to be listed as a Local Heritage Item, a planning proposal will be required to be prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning, Industry and Environment’s A Guide to Preparing Planning Proposals (December 2018) to support the heritage listing.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The nomination of the Royal Willows Hotel to be listed as a Local Heritage Item has been assessed by Council’s Heritage Advisor, who found that the building does not meet the criteria for local heritage listing.

Environment and Climate Change

Not listing the Royal Willows Hotel as a Local Heritage Item will not have any adverse impact on the environment or climate change.

Economic

Should Council resolve to list the Hotel any application submitted for redevelopment of the site would be required to be accompanied by a Heritage Impact Assessment report, which is not normally required if a site is not Heritage listed.

Risk

Assessment of heritage nominations is the regular business of Council and does not introduce new organisational risk.

There is no material risk to Council of not supporting the nomination for heritage listing. Should the Hotel be redeveloped in the future there may be a reduced risk to Council as the façade of the building is currently located within the road reserve.

Social / Cultural

The social and cultural contribution the Hotel makes to Pambula was considered as part of the Heritage Advisor’s report. Any future redevelopment of the site will need to contribute to the Pambula main street conservation area and the underlying values.

Attachments

1 ⇩. Nomination for heritage listing of Royal Willows Hotel, Pambula

2 ⇩. Heritage Advisor assessment of nomination for heritage listing of Royal Willows Hotel, Pambula

Council 22 September 2021

Item 10.1

10.1. Council support for local businesses

Council’s role in supporting local businesses to increase resilience and recovery post bushfires and throughout COVID-19.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Write to relevant Federal and State Ministers calling for their Governments to:

a) consider the cumulative impacts of multiple disasters in the design of business support and mental health support programs;

b) simplify the process for businesses to apply for financial support; and

c) provide greater clarity to businesses on COVID-safe measures.

2. Note the work underway to support businesses, as described in this report, including a Buy Local First campaign, the implementation of grants and the peripheral activity including affordable housing and industrial land to support local business and investment.

3. Waive fees and charges associated with Use of Public Land renewals relating to shopfront displays, movable signage and outdoor eating approvals for 2021‑22.

4. Waive fees for Skin Penetration Premises and Beauty Therapist Premises for 2021-22.

5. With respect to rates to June 2022:

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

b) support ratepayers, including business owners to establish payment plans; and

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

6. For tenants, of Council owned and managed facilities, that have JobSaver eligibility or are a local not-for-profit community organisation:

a) delegate to the Chief Executive Officer the ability to negotiate and implement deferrals of rental payments for the remainder of the financial year for organisations who can demonstrate hardship linked to either the Black Summer bushfires or the COVID-19 pandemic;

b) freeze rental increases while the National Cabinet Code of Conduct applies to businesses eligible for the JobSaver program; and

c) maintain the establishment of payment arrangements made available to April 2022 with no interest applied.

7. Waive fees for planning enquiries, where those fees would not be charged for over the counter services not currently available due to COVID-19 lockdown requirements.

8. Publicly exhibit for not less than 28 days proposed changes to Council’s adopted Fees and Charges for the remainder of 2021-2022.

9. Not charge families Gap Fees for children not attending Child Care for the duration of the Australian Government’s ‘Business Continuity Payments’ to eligible Council services to cover these Gap Fees.

10. Continue to seek funding for priority investment in the Shire as described in Council’s adopted Investment Prospectus 2021.

11. Recognise the evolving nature of directives from Federal and State Governments relating to COVID-19, including those related to Children’s Services, and note that staff will bring back a report to assess situations if and when required.

Executive Summary

Between drought, floods, fires and a global pandemic, businesses in the Bega Valley have experienced significant challenges. The uncertainty of customers, ability to operate and subsequent reductions in revenue are having a material impact on business confidence, mental health and underlying viability of businesses.

This report describes Council’s current efforts and programs to support business and recommends further financial relief.

Council has liaised with individual businesses, business chambers, tourism operators, service providers and government agencies to gauge the level and intensity of support required for businesses.

Background

Council has previously made financial concessions to businesses as a result of bushfires (February 2020) and COVID-19 (April 2020), alongside advocacy efforts throughout the bushfires and pandemic.

This report outlines how Council will continue to support local businesses to achieve a prosperous and diverse economy with meaning employment for all.

Advocacy for businesses

Council will continue to advocate to other levels of government for support to the Bega Valley Shire business community during these challenging periods. This includes writing to relevant ministers and members of parliament at both levels of government.

For example, Council has advocated for an immediate response to the housing crisis facing the Shire, sought support for COVID-safe regions for inter-LGA travel in regional communities and will implement a Buy Local First campaign to encourage all individuals in the Shire to buy local, particularly from those businesses that are unable to operate normally (such as restaurants that are providing take away meals).

Prospectus and infrastructure investment

Council will continue to advocate for investment in the Shire to increase economic activity and investment. The Investment Prospectus 2021 outlined Council’s key priorities over the next three to five years and will be used as an advocacy and communication tool when liaising with other levels of government, applying for grants and engaging community.

Enterprise Land Review

Council is progressing its Enterprise Land Review to improve the availability and use of industrial land in the Bega Valley to increase investment and economic activity.

Business support

As part of its successful Bushfire Local Economic Recovery Fund (BLERF) application to support small business, Council will engage additional resources to support businesses to recover while also developing market intelligence and building industry partnerships. This will include a 12‑month engagement to support businesses to understand the changing eligibility requirements for business support and social distancing requirements. From a tourism recovery perspective, a significant investment in destination marketing and industry development will be implemented over 24 months to support the recovery and resilience of tourism operators.

Council continues to develop its capability in delivering value to businesses with a view to enhance its delivery of economic information for Council and business as well as developing capability in the business community to support themselves. For example, Council has undertaken several training opportunities for businesses and organisations looking to apply for and/or report on grants. This information has been documented and shared with organisations seeking grant assistance and will be publish on Council’s website.

Spendmapp

Council has invested in a service that provides financial data within the Shire and will provide insights into different activities across the Shire, including the cruise industry, spending habits from tourists and residents, events and other information. Council will provide regular reports to Council, publish information on its website and support the business community with data to support market intelligence and grant applications by businesses.

Bega Valley Funding Finder

Council has also invested in the Bega Valley Funding Finder (Grant Guru) as a self-service for the community, including businesses to seek out grants for themselves. This grant aggregator service allows businesses and individuals to register their interests, industry and requirements for funding and receive updates on when grant programs are open relevant to their specified criteria.

Children’s Services

This report also recommends that Council not charge families Gap Fees for children not attending eligible, Council-provided childcare for the duration of the Business Continuity Payments from the Australian Government. Business Continuity Payments received from the Australian Government will offset the reduced income incurred by not charging Gap Fees. Any shortfall will be met from Children’s Services Reserves. Our services became eligible to receive Business Continuity Payments from 28 August 2021, with payments backdated to 23 August 2021.

Bega Valley Circularity Cooperative

Council resolved to join the Bega Valley Circular Cooperative (the Cooperative) as a foundation member on 21 April 2021. Once the Cooperative is registered and operating, the Cooperative is expected to generate opportunities for businesses in agriculture, tourism, waste and other industries through the creation of a baseline of data that captures the Bega Valley’s circularity, while encouraging collaboration across businesses to achieve circular outcomes, in addition to other specific projects the Cooperative will undertake.

Grants

Council has been successful in attaining grants to support the business community. Table 1 outlines the grants that directly support the business community being administered by Council. In addition, Council will apply under the Black Summer Recovery Grants Program for additional resources to support businesses and bushfire rebuild recovery, and other grant opportunities that present opportunities that align to Council’s priorities for a prosperous economy and resourcing availability.

Council’s business support grants program will continue to consider approaches to find synergies and leverage existing investments, programs and activities that build capability in the business community.

Table 1: Grants to support business

Grant	Description	Amount ($)
Regional Tourism Bushfire Recovery Stream 1 (commenced/delayed)	Events funding to up to eight businesses/associations (pending COVID lockdowns).	$30,000 total (to May 2022)
Regional Tourism Bushfire Recovery Stream 2 (commenced/components complete)	Variation to Sapphire Coast Destination Marketing (SCDM) contract for industry development and materials for: - Whale Trail (opening event cancelled due to COVID-19 concerns). - Oyster Trail - Local Produce - Virtual Art Month 2020 and Art Month Sapphire Coast (complete)	$245,000 total (to March 2022)
Innovation Hub 2.0 (commenced)	Funding for businesses to go through the iAccelerate program. Funding for networking and mentoring.	$375,000 total (to Dec 2022)
Bushfire Local Economic Recovery Fund: Tourism (commencing)	A tourism program that encourages collaboration, mentoring and networking among stakeholders: $300k for destination marketing and promotion. $300k for industry development to support high-end tourism experiences.	$600,000 (to June 2023)
Bushfire Local Economic Recovery Fund: Business Recovery (commencing)	Business Support Officer and Industry Development Officer to oversee three main business support pillars: - supporting local business - deliver training programs - encourage job creation	$300,000 (to June/August 2022)
Bushfire Community Resilience and Recovery Fund (business component, commencing	The business recovery component includes funding business recovery ideas seed funding and a series of workshops delivered to support recovery and resilience.	$132.500 (to June 2022)
Business Council of Australia (BCA): Planning for Business Success workshops	The third round of Planning for Business Success workshops primarily funded by the BCA and delivered by University of Wollongong College.	$40,000 (to October 2021)

Fees and Charges

Use of Public Land

This report proposes that Council waive Use of Public Land renewals for shopfront displays, movable signage and outdoor eating approvals for 2021-22, providing relief for those businesses, noting that credits would be applied to those businesses who have already paid for this financial year. The estimated cost is approximately $20,000 for 2021-22.

Food Premises, Skin Penetration Premises and Beauty Therapist Premises

Council resolved to waive the fees for 2020-21 for Food Premises, Skin Penetration Premises and Beauty Therapist Premises. Skin Penetration Premises and Beauty Therapist Premises are currently closed under the Public Health Order, and Food Premises are required to trade as take-away.

Where businesses continue to operate, Council inspections continue to be undertaken and associated labour costs incurred to ensure compliance with relevant hygiene standards.

Council could resolve to continue to waive fees for 2021-22 for those businesses required to remain closed. Revenue from this regulation is around $6,000 per annum.

Planning Enquiries for Businesses

For certain classes of planning enquiry, no fee is charged where the customer is able to attend Council’s Zingel Place office to view a property file themselves. This self-serve service is not currently available as Council’s Zingel Place office is closed to the public. If this class of planning enquiry was offered to businesses for free while over the counter services are unavailable, lost revenue is estimated to be $3,000 (this is the proportion of businesses that would have paid for a service rather than come in to access the information for free). The additional revenue that Council might receive by requiring businesses to pay for a service that they could usually get for free, is estimated at $10,000 (this amount is not included in the adopted budget).

Rates

Consistent with the approach from April 2020 to June 2021, this report recommends that Council again suspend new debt recovery actions for outstanding accounts where financial hardship is evident, support ratepayers to establish payment plans and remove account keeping fees, interest on overdue amounts, late and reminder fees, for the remainder for the remainder of the 2021-22 financial year.

This would apply to all ratepayers – businesses and individuals and consequently indicative estimates suggest lost income of appropriately $90,000 in interest on overdue rates and charges and approximately $5,000 in interest on overdue debtors. Staff will continue to encourage ratepayers and debtors to enter payment arrangements to prevent cumulative future financial stress.

Commercial/Community Tenancies

Council previously provided around $50,000 in financial relief for its commercial and community tenants. For tenants of Council owned and managed facilities that have JobSaver eligibility or are a local not-for-profit community organisation, this report recommends that Council:

a) delegate to the Chief Executive Officer the ability to negotiate and implement deferrals of rental payments to the end of the financial year 2021-22 for organisations who can demonstrate hardship linked to either the recent bushfires or the COVID-19 pandemic;

b) freeze rental increases while the National Cabinet Code of Conduct applies to businesses eligible for the JobSaver program; and

c) maintain the payment arrangements be made available for a period to April 2022 with no interest applied.

The financial impact of this position is estimated to be around $4,000.

Options

The options available to Council are to:

1. Support the approach outlined in this report. This is the recommended option

2. Identify alternative support to local business. Councillors would need to identify that alternative support.

3. Not provide additional support to the business community beyond that already in place.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have been engaging with the business community to understand the challenges faced by businesses during the Delta variant phase of the COVID-19 pandemic and continued effects from the bushfires. This information has been passed on to relevant agencies through working groups Council is involved with and directly to state and federal agencies.

Council resolved on the motion, Support for businesses affected by COVID‑19, that staff provide a report on available options to support local businesses as a result of impacts of COIVD and potential impacts of different support options. Council’s tourism service provider is also supporting businesses to sell their products online to potential customers.

Engagement planned

Staff will continue to listen to the business community to understand their challenges and advocate for them to their federal and state counterparts.

Council officers have initiated the Buy Local First campaign to support local consumption of goods and services, promoting the use of supplied marketing material and other collateral. This includes publicising these measures to ensure businesses are aware of the support available to them.

Financial and Resource Considerations

The below table demonstrates the financial impact of the recommendations of this report.

Funding source		Estimated reduction in revenue amount
Fees and Charges (including loss of unbudgeted revenue increase of $10,000)	$	39,000
Rates	$	95,000
Commercial/Community Tenancies	$	4,000
Children’s Services	$	0
Existing business support program	$	0
Estimated Total Lost Revenue	$	138,000

Legal /Policy

Proposed options for Council consider the legislative and policy implications and any expectation of the additional financial relief for businesses and the community must be considered temporary.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendation aligns with the following elements of the Bega Valley Shire Community Strategic Plan 2040:

2: Employment and Learning Opportunities

2.3: Our economy is prosperous, diverse and supported by innovative and creative businesses

2.4: We have meaningful employment and learning opportunities for people in all stages in life

6: Strong, Consultative Leadership

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

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

Environment and Climate Change

This report provides options to support businesses while demonstrating the efforts by Council to support business recovery, particularly given Council’s constrained fiscal position.

Sustainability is a core principle to decision making; this report seeks to provide a balanced approach to assist our communities in recovering from the culmination of multiple devastating environmental, social and economic impacts.

Economic

Financial impacts on Council include loss of interest, an increased risk of bad debts and a negative impact on cashflow in this and the next financial years.

Through waving of rates, fees charges and commercial tenancy agreements, as proposed, Council will incur some financial loss to contribute to building resilience within our local economy.

Risk

This is a rapidly changing environment. Council will continue to play an advocacy role for both our organisation and the community to ensure that our recovery plans minimise the impacts of COVID-19 and maximise support available to business.

When making decisions about rate relief, Council must consider both the financial circumstances of ratepayers as well as Council’s financial position.

Social / Cultural

Feedback from businesses has highlighted the need for support, both financially and emotionally. The mental health effects from ongoing trauma through bushfires, lockdowns and resulting financial difficulties has broad impacts for our community.

Advocating for the consideration of the cumulative effects of multiple disasters in the design of support for business reflects the business sentiment in the Shire.

Attachments

Nil

Council 22 September 2021

Item 11.1

11.1. Bega Valley Regional Learning Centre

This report provides details and recommendations following the outcome of the Expression of Interest process for the purchase of the Bega Valley Regional Learning Centre as requested at Council’s Ordinary Meeting of 31 March 2021.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council note the responses to the Expression of Interest process run by LJ Hooker for the sale of the Bega Valley Regional Learning Centre as outlined in the confidential attachment.

3. That Council decline the offers received in response to the EOI run by LJ Hooker for the sale of the Bega Valley Regional Learning Centre as outlined in the confidential attachment.

4. That Council retain ownership of the Bega Valley Regional Learning Centre.

5. That Council proceed to re-purpose the co-workspace and one (1) tenant meeting room into a suite available for lease purposes.

Executive Summary

Following the resolution from Council’s Ordinary Meeting of 31 March 2021, Council officers carried out an open and transparent Expression of Interest (EOI) process for the sale of the Bega Valley Regional Learning Centre (BVRLC). This report details the results of the EOI process and seeks Council’s approval to retain ownership of the BVRLC and re-purpose the co-workspace and one (1) tenant meeting room into a suite available for lease purposes.

Background

Council resolved at its Ordinary Meeting of 31 March 2021, when considering the financial performance, ownership and other options relating to BVRLC, as follows:

1. That Council receive and note the report.

2. That Council call for expressions of interest to purchase the freehold property known as the Bega Valley Regional Learning Centre.

3. That a condition of any sale would be that any current leases be honoured for the remaining term.

4. That Council obtain a valuation of the property from a reputable valuer.

5. 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.

6. That Council note where occupied suites become available for lease Council officers will seek suitable tenancies arrangements until 30 June 2023.

7. That prior to expiring of all lease agreements on 30 June 2023, Council officers report operating results of the facility back to Council.

Following the resolution of Council, officers progressed a Request for Quotation (RFQ) process to engage Opteon Property Valuers to provide a formal market valuation for BVRLC which is attached for the information of Councillors.

Simultaneously officers progressed a further RFQ process to engage the services of a specialist property consultant to run an EOI for the proposed sale of BVRLC. The following entities were selected as part of the RFQ process to submit a quotation:

1. Colliers International Consultancy Pty Ltd;

2. Deloitte Real Estate;

3. SAVILLS (AUST) PTY LIMITED.

The RFQ was open from 14 April 2021 for a two (2) week period and as no submissions were received during this advertising period, officers followed up with emails to each of the above firms directly. As no response was received, on 10 May 2021 officers sent a request directly to the following additional firms to seek their interest in running an EOI for the proposed sale of BVRLC.

1. CBRE;

2. Elders Commercial;

3. JLL.

The only response received was from JLL which was to advise that JLL were not able to pursue the engagement on this occasion.

On 15 June 2021, a further RFQ process inviting all Merimbula Real Estate Agents to submit proposals for the proposed sale of BVRLC was completed, with LJ Hooker being engaged to undertake the EOI process. The EOI was opened from 2 – 27 August 2021 with LJ Hooker carrying out a strong marketing campaign consisting of signage, advertising in the Domain Property Guide - Far South Coast, advertising in all three (3) local newspapers, agency window display, internet advertising on several real estate websites, brochure as attached and professional photography.

A total of two (2) written submissions were received in response to the EOI which are attached for the information of Councillors.

Since the last report to Council’s Ordinary Meeting of 31 March 2021, the BVRLC has continued to operate well, despite the challenging times and COVID-19 restrictions in place. A further tenant has commenced under lease, and it is expected that a further two (2) suites which were vacated at the start of August by Council’s Recovery, Rebuilding and Resilience teams will be re-tenanted within the next month. This would see all suites currently available for lease being occupied.

Improvements to the facility is also underway, with the implementation of a security upgrade including swipe card system, fire alarm installation and security lighting due for completion by the end of September 2021.

Options

Following the results of the EOI process, the options available to Council are:

1. Resolve to negotiate with the offerees and proceed to dispose of the BVRLC. Noting that all 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. They will however have the opportunity to operate from a community facility which attracts a high level of patronage.

2. Decline the offers in response to the EOI and retain ownership of BVRLC as a Council asset and;

a. Maintain the status quo. The BVRLC is currently directly managed by Council. There are twelve (12) office suites available for lease, two (2) 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, or;

b. Commercial lease. Council could increase space available for lease in the BVRLC from twelve (12) to fifteen (15) office suites, by;

i. Converting one of two (2) meeting rooms available for tenant use into a suite;

ii. Converting the current co-workspace into two (2) office suites. It should be noted there is now another commercial co-workspace available in Merimbula.

3. Alternatively, there is an option for Council to run an EOI process following expiry of the existing tenancies on 30 June 2023 for an exclusive lease of the entire facility. The May 2019 market rental valuation from Opteon Property Group outlined an annual market rental of $194,387 for the entire facility.

Community and Stakeholder Engagement

Engagement undertaken

All current tenants at the BVRLC were advised of the resolution from Council’s Ordinary Meeting of 31 March 2021 and at the commencement of the EOI process.

There is currently only one (1) permanent user of the co-workspace at the BVRLC, who occupies the space independently five (5) days per week and has done so for many years. This is not a lease arrangement and is treated as casual room hire and is charged on a monthly basis as per the 2021/2022 Fees and Charges at $400 per month.

Council officers have approached this user regarding the option to move to a lease within a suite at the BVRLC and the user is understanding that it is possible that the co-workspace may be repurposed for other uses and would therefore not be available for casual hire. This user has indicated an interest to move to a lease arrangement if necessary.

There are currently two (2) meeting rooms available at the BVRLC for the exclusive use of BVRLC tenants. The bookings are managed manually, and both have seen steady utilisation in the past. Council officers have advised tenants of the BVRLC regarding the possibility of converting one (1) of the meeting rooms to a suite available for lease, with one being retained for tenant use.

Engagement planned

BVRLC tenants and users will be advised of this report.

If Council resolves to prepare the facility for disposal the following tenants will need to be consulted:

• Australian Training Company Limited;

• Uniting;

• Hammond Care;

• South Coast Careers College;

• Bega Legal;

• 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.

Financial and Resource Considerations

Although the meeting rooms do generate some income, it is evident that the permanent leasing generates a more stable income stream for Council.

The table below shows the increase in income that has been generated previously from converting meeting rooms at the BVRLC available for public hire to suites available for lease:

Space	Income as room hire	Income when leased	Increase
Suite 12 (2019/2020)	$846.00	$22,160.00	$21,314.00
Suite 13 (2019/2020)	$3,390.00	$27,157.00	$23,767.00
Suite 15 (2020/2021)	$3,409.00	$7,620.00	$4,211.00

This will enable Council to secure more commercial leases to increase revenue, whilst maintaining a strong commercial property portfolio. Increasing the office suites 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 in the tenant area for this purpose and those users (who are not tenants) pay in accordance with Council’s adopted fees and charges.

Council would also retain the use of two (2) meeting rooms available for members of the public and Council officers to hire (Mumbulla and Bittangabee). Each room offers differences in size and space allowing the versatility to accommodate a range of uses and bookings to suit the community’s needs.

If Council resolve to increase space available for lease in the BVRLC from twelve (12) to fifteen (15) tenancy areas to increase current rental revenue by $22,080 per annum the following suites could be made available for permanent leasing:

· Suite 4 - (Tenant Meeting Room) = $7,416;

· Suite 8 - (Co-workspace) – converted to two suites = $19,464;

Suites 5 and 9 are currently vacant and interest from third parties to secure tenancy is high with potential tenants expected to realise within the next month.

The following table shows the current status of all suites and the potential increase in income from the proposed conversion of the addition of a meeting room and co-workspace to suites available for lease.

The BVRLC facility requires resources to manage the leasing arrangements, opening/closing, security and building maintenance. The BVRLC officer role is currently filled on secondment until March 2022 on a part-time basis (28 hours per week) which is working well for the facility operations.

Legal /Policy

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

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 are no environment or climate change impacts relating to this report.

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 Disposal of this asset will have logistical issues for tenants and their business operations;

o BVRLC 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 be 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

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, with continued availability of rooms for public hire.

Attachments

1 . Opteon Property Group valuation report for Bega Valley Regional Learning Centre (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

2 ⇩. LJ Hooker EOI Advertising Brochure

3 . Responses to LJ Hooker EOI for the sale of Bega Valley Regional Learning Centre (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 22 September 2021

Item 11.3

11.3. Church Street Bega Kiosk

Council are being asked to consider the future of the Church Street Bega kiosk building and resolve accordingly.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report and attachment.

2. That Council proceed with the demolition of the Church Street Bega kiosk building and restore the site as open footpath in line with the Spiire Central Business District Landscape Master Plan for Bega when funding permits.

Executive Summary

The Church Street Bega kiosk building (kiosk) is in an aging condition and has been deemed not suitable for food preparation or sale in its current condition following a recent inspection. Furthermore, the Spiire Central Business District (CBD) Landscape Master Plan for Bega provides for the removal of the kiosk.

Background

Following a complaint regarding the presence of vermin in the kiosk (Figure 1) an investigation was undertaken by Council officers into the status and condition of the asset. It has been determined that the kiosk is contained within the road corridor. It is a historic Council asset which has been used by the community free of charge with use being authorised via a street stall booking approval. Council over the years has carried out very little preventative or routine maintenance on the kiosk as it does not generate any income to fund maintenance and repairs.

Figure 1 – Church Street Bega kiosk building.

Options

The options available to Council are:

1. Proceed as recommended by Council officers to demolish the kiosk and restore the site as open footpath as part of the implementation of the Spiire CBD Landscape Master Plan or when funding permits.

2. Carry out a 28-day public consultation process seeking community views on a proposal to demolish the kiosk and restore the site as open footpath.

3. Maintain the status quo and retain the kiosk noting the condition of the asset, upgrades required to continue community use of the kiosk for the sale of goods and the lack of funding to carry out the required works to upgrade the asset.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have undertaken a search within Councils electronic filing system which shows the kiosk has been utilised infrequently by the Country Women's Association and Anglican Church over the years.

Council officers are discussing with Council’s Regional Gallery Director the option of using the external kiosk structure for public art in the interim until funding for the demolition of the kiosk can be identified.

Engagement planned

Council officers will formally advise kiosk users being the Country Women's Association and Anglican Church of Council’s decision regarding the fate of the asset.

As the kiosk is located within the Bega Commercial Heritage Conservation Area, the normal exemption provisions for demolition do not apply and a development application (DA) would need to be lodged seeking approval for the demolition of the asset. Alternatively, this could be done as part of the implementation of the Spiire CBD Landscape Master Plan when the project is funded and in a position to proceed.

Financial and Resource Considerations

Council officers believe investing significant sums in repairs isn’t a good use of public funds, given the lack of flexibility in relation to structures in a road reserve and the condition of the asset there appears to be little potential for long term return on an investment.

Costs associated with the demolition of the kiosk have been estimated to be approximately $3,150, but the remediation of the footpath cannot be quantified until the topping slab is removed. In addition, a further $358 would be applicable for DA fees and approximately $107 for use of public land fees which apply while the works are taking place for the occupation of the footpath.

The costs associated with the demolition of the kiosk are proposed to be absorbed into costs associated with the implementation of the Spiire CBD Landscape Master Plan when funding permits. Alternately, Council officers could request a budget allocation from the building SRV as part of the 2021/22 budget to fund demolition and restoration works should the demolition proceed in the short term.

Legal /Policy

Section 125 of the Roads Act 1993 (NSW) (Roads Act) allows for Council as roads authority to grant an approval for the operation of a food or drink premises in the public road reserve, however the agreement of Transport for NSW (TfNSW) is required. Council officers have undertaken a search within Councils electronic filing system and cannot locate any evidence of an approval from TfNSW for the operation of the kiosk.

Section 142 of the Roads Act states that a person who has a right to the control, use or benefit of a structure, on or over a public road must maintain the structure in a satisfactory state of repair. As Council is both the roads authority and person who controls the kiosk the asset is Council’s responsibility.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council officers have undertaken a planning and design project to prepare CBD Landscape Master Plans for the town centres of each of the four major towns in the Shire – Bega, Bermagui, Eden and Merimbula.

These plans address the presentation and design of the town centres CBD and surrounding areas and provide a framework for future decisions about development of the public spaces in the four towns. Council engaged Spiire Australia Pty Ltd through a competitive tendering process to prepare the Master Plans in 2015. An extract of the Spiire CBD Landscape Master Plan for Bega (Figure 2) appears below for the information of councillors which clearly shows the vision for the section of Church Street where the kiosk is located. It is noted there is no provision for the replacement of the kiosk in this location.

Figure 2 – Extract from the Spiire CBD Landscape Master Plan for Bega.

Environment and Climate Change

There are no environment and climate change matters associated with the report.

Economic

Very little preventative or routine maintenance has been completed on the kiosk by Council over several years and it is therefore now in need of significant renewal works. Council now finds itself in a position where it has an aging building asset, with no rental income to fund works necessary to bring the asset back to a satisfactory level.

Risk

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

• Reputational risk in relation to leaving the building vacant and unusable and the length of time it may take to fund demolition of the building as well as the community's view on the future of the asset.

• Financial risk in relation to the ongoing liabilities such as the building management whilst vacant and unusable.

· Further deterioration causing a public health and safety risk.

Social / Cultural

As mentioned above Council records indicate the kiosk has been utilised infrequently by the Country Women's Association and Anglican Church over the years, free of charge. The kiosk has been used for the sale and distribution of food goods which has been deemed not fit for the dispensing of food.

Attachments

1 ⇩. Church Street Bega kiosk food premises inspection report

Council 22 September 2021

Item 11.4

11.4. Lease to Bega Volunteer Rescue Association

Council approval is sought to offer Bega Volunteer Rescue Association tenure of three (3) years for their continued occupation of part Lot 1 DP 1171282 at 22 Tarraganda Lane, Tarraganda.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council authorise the Chief Executive Officer and Mayor to execute the necessary lease documentation to provide tenure of three (3) years to Bega Volunteer Rescue Association for their continued occupation of part Lot 1 DP 1171282 at 22 Tarraganda Lane, Tarraganda, for an annual rental fee as determined by a registered Valuer, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.

3. That Bega Volunteer Rescue Association be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

Executive Summary

Bega Volunteer Rescue Association (VRA) recently approached Council regarding their occupation of Council owned land being part Lot 1 DP 1171282 at 22 Tarraganda Lane, Tarraganda. Upon investigation it has been found that no formal tenure arrangement exists. As such Council approval is being sought to offer VRA a formal tenure arrangement for their occupation of the site.

Background

Council resolved at its Ordinary Meeting of 28 September 1999, when considering the adoption of the draft Plan of Management (PoM) for the Tarraganda Sewage Pumping Station (SPS) site, as follows:

That Council adopt the Draft Plan of Management for the Tarraganda Sewage Pumping Station site as exhibited.

The PoM was prepared to facilitate the change of use of the Tarraganda SPS to accommodate VRA constructing a depot on the land. The report attached from Council’s Ordinary Meeting of 28 September 1999 and PoM outline the arrangement with VRA, however following the resolution of Council, a tenure arrangement was never pursued and VRA’s occupation of the land has never been formalised.

Following a recent approach from VRA regarding the tenure arrangement in place at the site, Council officers carried out a search of Council records and liaised with representatives from VRA about the options to formalise their tenure of the Council land.

The VRA headquarters was built by VRA and although these fixed improvements would vest in Council (subject to removal of the VRA property), VRA has an equitable interest in the improvements and takes full responsibility for all maintenance and capital improvements to the building on the land which is why the market rental assessment would be based on a land only value.

It is also noted that there is a Council owned SPS located at the rear of Lot 1 DP 1171282 and access for Council staff over the existing access road for maintenance purposes as and when required must always be maintained. Any lease would need to provide Council the ability to register at any time during the term of the lease an easement over Lot 1 DP 1171282 to benefit Council for access to the infrastructure.

When permission was granted to VRA to occupy this site it was on the provision that should insufficient space be available to accommodate the SPS facilities on the site VRA would be required to relocate to another site. Water and Sewer officers have advised there is no plan to expand the infrastructure on the site in the short-term but there may be plans to expand in the medium-term so tenure beyond the three (3) years would need to come back to Council for consideration.

Options

The two primary options available to Council are:

1. Approve a three (3) year lease to VRA for their continued occupation of Lot 1 DP 1171282 at 22 Tarraganda Lane, Tarraganda for an annual rental fee as determined by a registered Valuer, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.

2. Give VRA notice to vacate Lot 1 DP 1171282 at 22 Tarraganda Lane, Tarraganda and maintain vacate possession of the land for Council’s SPS purposes. Noting Council’s Water and Sewer staff have indicated there is no short-term plans for expansion of the infrastructure.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the proposed tenure arrangements with representatives from VRA who have indicated they would like to pursue a three (3) year lease of the land as they are not in a financial position to fund the necessary work required to allow longer term tenure to be pursued.

Engagement planned

As Council officers intend to issue three (3) years tenure, in accordance with the provisions of section 47A of the Local Government Act 1993 (NSW) (LG Act) if Council agrees to grant a lease, in respect of community land for a period of 3 years, it must:

• Give public notice of the proposal (including on the council’s website), and;

• Exhibit notice of the proposal on the land to which the proposal relates;

• Give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and;

• Give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the Council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

Financial and Resource Considerations

In accordance with Council’s Management of Leases and Licences Procedure, a market rental valuation will be commissioned to determine the appropriate rental for the land only lease. VRA will be able to apply for a rental rebate, in line with Council’s Rental Assessment and Rebate Procedure which will be evaluated using the matrix contained in the procedure to determine a rental figure prior to entering into any tenure arrangement. Liaison with external legal representatives will be required to arrange the lease documentation and registration on title and ongoing management of the lease during the term will also require Council officer resources.

Legal /Policy

The land the VRA building is situated on along with Council’s Tarraganda SPS is one parcel of land known as Lot 1 DP 1171282. As Council occupy the site for the Tarraganda SPS a lease of the entire parcel of land is not possible and the only option is to progress a lease for the premises only or subdivide for lease purposes.

As the building is owned by VRA and not Council, a premise lease is not considered the best option for granting tenure of the land as it confers that Council as lessor is the owner of the building.

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three (3) years must be in the approved form and Section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines, requires a lease for a term exceeding three (3) years to be registered on title.

To comply with the above; the options were to progress a short-term lease for less than three (3) years or subdivide for lease purposes to allow for a longer-term tenure arrangement to be progressed. As there would be substantial costs involved in subdividing for lease purposes and VRA would be responsible for all costs associated with this process, VRA have advised it is their preference to pursue a short-term lease for three (3) years. Council’s Water and Sewer department have also advised there may be medium-term plans to expand the infrastructure on the site so any tenure beyond the three (3) years will need further consideration from Council at that time.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The building is owned by VRA, therefore not included on Council’s Building Asset Management Plan.

A Plan of Management for Lot 1 DP 1171282 categorises the land as general community use under the LG Act and authorises the use for the VRA depot purposes.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed lease to VRA.

Economic

The lease agreement to VRA provide an economic benefit to Council and the community.

Risk

There are no adverse risks in allowing the property to be occupied by VRA if their use is authorised by way of a formal lease agreement which contains appropriate indemnity and insurance clauses.

Social / Cultural

The core objectives for land categorised as general community use under the adopted PoM is to provide essential community services of a high standard. VRA have successfully operated from the site for many years and support the core objectives for the land, that is to say, for the benefit of the wider community.

Attachments

1 ⇩. Council report dated 28 September 1999 - Tarraganda Sewage Pumping Station Site Plan of Management

Council 22 September 2021

Item 11.5

11.5. Deed of Assignment - Hotel Australasia

This report provides details of negotiations for the proposed sale of the former Hotel Australasia and seeks a Council resolution to enable the Chief Executive Officer to execute a Deed assigning the rights and obligations of the Side Deed between Council and Karneil Pty Ltd dated 2 April 2020 to the incoming purchaser.

Director Assets and Operations

Officer’s Recommendation

1. That Council enter into a Deed between Council, Karneil Pty Ltd and the incoming purchaser of Lot 14 DP250841 in relation to assigning the Side Deed between Council and Karneil Pty Ltd dated 2 April 2020 to the incoming purchaser.

2. That pursuant to clause 12 of the Side Deed, Council provide its consent to the settlement of sale of Lot 14 DP250841 from Karneil Pty Ltd to the incoming purchaser as part of the Deed.

3. That all costs associated with this matter be borne by the incoming purchaser.

4. That the Chief Executive Officer be delegated authority to negotiate, finalise and execute the Deed.

Executive Summary

Council approval is being sought to consent to the settlement of sale of Lot 14 DP 250841 (former Hotel Australasia) from Karneil Pty Ltd to the incoming purchaser and to execute a Deed to ensure obligations in relation to the restoration works are completed by the incoming purchaser.

Background

Council’s sale of the former Hotel Australasia, being Lot 14 DP 250841, was finalised on 15 May 2020. As part of the sale conditions, Council executed a Side Deed dated 2 April 2020 requiring the purchaser, Karneil Pty Limited to complete certain obligations as outlined in the following table:

Obligation	Status
Preparation of the ‘Registrable Instruments’	Completed
Lodging of the ‘Registrable Instruments’ for registration	Completed
Provision of a bank guarantee for the Registrable Instruments	Provided to Council and returned to Karneil as the Registrable Instruments have been registered
Provision of a bank guarantee for the carrying out of the Restoration Works	Provided to Council
Council to return a bank guarantee within 14 days of completion of the obligation to which it relates	Council continues to hold bank guarantee

The section 88B instrument that is registered on the certificate of title for Lot 14 DP 250841 binds the registered proprietor of the land as it contains the positive covenant:

a. requiring the registered proprietor to carry out and complete the restoration work within 2 years of the date Karneil Pty Ltd became registered proprietor,

b. setting out the process for determining completion of the Restoration work,

c. requiring the ongoing maintenance of the façade of the Hotel following completion of the restoration work,

d. requiring the registered proprietor to carry out development of the laneway to enable it to be used for one-way vehicular access,

e. acknowledging that a $20,000 bank guarantee has been provided to the Council to secure the carrying out of the restoration work and requiring the Council to release and return the bank guarantee within 14 days of completion of the restoration work,

f. allowing the Council to enforce a breach of the positive covenant.

As the positive covenant is registered on title, it is binding on the incoming purchaser according to its terms once the purchaser becomes registered proprietor. The incoming purchaser will be bound to the requirement to complete the restoration works.

The only matter that needs to be dealt with between Council, Karneil and the incoming purchaser is how the restoration works bank guarantee is to be dealt with. For Council to provide its consent under clause 12 of the Side Deed to the exchange of the Contract for Sale a Deed of Assignment with Karneil and the incoming purchaser containing provisions to the effect that if the restoration works have not been completed in accordance with the positive covenant by the settlement date must be progressed. The proposed Deed of Assignment will ensure that:

a. the Side Deed is novated to the incoming purchaser,

b. the incoming purchaser provides a replacement Restoration Works Bank Guarantee,

c. the Council returns the existing bank guarantee to Karneil after it receives the replacement bank guarantee,

d. until the incoming purchaser provides the replacement bank guarantee, Council can continue to hold the existing bank guarantee provided by Karneil and draw on it according to the terms of the positive covenant as if that bank guarantee was provided by the incoming purchaser.

Options

The options available to Council are:

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

2. Decline to accept the recommendation provided by Council officers to assign the Side Deed between Council and Karneil Pty Ltd dated 2 April 2020 to the incoming purchaser. Noting the restoration works are not completed in accordance with the Side Deed and Council continues to hold the bank guarantee.

Community and Stakeholder Engagement

Engagement undertaken

A formal request was sent from Karneil Pty Ltd’s legal representatives to Council’s legal representatives regarding the sale negotiations. Council’s legal representatives prepared the attached draft Deed to ensure the Side Deed between Council and Karneil Pty Ltd dated 2 April 2020 is novated to the incoming purchaser.

Engagement planned

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

Financial and Resource Considerations

This matter has no direct financial impact upon Council's adopted budget as outlined in the attached Deed the incoming purchaser is to pay Council’s legal costs relating to this matter including the preparation, negotiation, and execution of the Deed.

Legal /Policy

The attached Deed assigns the rights and obligations of the Side Deed between Council and Karneil Pty Ltd dated 2 April 2020 from Karneil to the incoming purchaser on and from the date it is signed by all parties.

Under the Local Government Act 1993 (NSW) (the Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as Operational Land. Section 377(1)(h) of the Act requires a specific Resolution of Council to dispose of any land, as Council has been formally requested to provide its consent to the settlement of sale of Lot 14 DP250841 from Karneil Pty Ltd to the incoming purchaser as part of the outstanding Deed a resolution is sought to enable the Chief Executive Officer to execute the Deed.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no strategic alignment matters associated with the report other than ensuring the incoming purchaser is bound by the Deed to carry out and complete the restoration work within two (2) years of the date Karneil Pty Ltd became registered proprietor of Lot 14 DP 250841.

Environment and Climate Change

There are no environment and climate change matters associated with the report.

Economic

The economic impacts associated with this report have been addressed under the finance section of this report.

Risk

The proposed Deed deals with how the restoration works bank guarantee is to be dealt with taking into consideration the change in ownership of the former Hotel Australasia. If Council do not proceed with execution of the Deed, there is risk associated with ensuring obligations are met by the incoming purchaser.

Social / Cultural

There are no social/ cultural matters associated with the report.

Attachments

1. Draft Deed of Assignment between Bega Valley Shire Council, Karneil Pty Limited as trustee for the Australasia Property Unit Trust and the incoming purchaser (Confidential - As this attachment contains personnel matters concerning particular individuals as per Section 10A(2)(a) of the Local Government Act 1993.

Council 22 September 2021

Item 12.1

12.1. Caretaker period and Council meeting schedule

This report seeks adoption of the caretaker procedure for the 2021 Local Government election and revised Council meeting dates for 2021.

Director Business & Governance

Officer’s Recommendation

1. Council adopt procedure 6.01.3 Local Government Elections (caretaker period provisions) v4 (Attachment 1)

2. Council adopt the meeting schedule for the remainder of 2021 and that Council meetings be held on

a) 6 October 2021;

b) 20October 2021;

c) 3 November 2021 and;

d) 24 November 2021.

3. Council note the proposed Councillor induction and meeting schedule for 2022.

Executive Summary

The Local Government elections for 2021 were postponed by the NSW Government on 24 July 2021. The revised date for the 2021 Local Government Elections is Saturday 4 December 2021. A revised caretaker period procedure has been developed for adoption by Council. Given the impact of the election delay, Council officers are also recommending changes be made to the Council meetings scheduled for the remainder of 2021. A proposed Councillor induction and meeting schedule for 2022 has also been developed to assist staff with planning for 2022.

Background

Local Government Elections caretaker procedure

Under the Local Government Act 1993 (NSW), Council elections are held on the second Saturday in September every four years. Due to the ongoing impacts of COVID the 2021 Local Government elections have been postponed twice and will now be held on Saturday 4 December 2021.

Leading up to an election, Council will enter a caretaker period. For this election it commences on 5 November 2021. During this time the Council cannot make any major policy decisions. Instead, applications must be made to the Minister for Local Government for an exemption in extraordinary circumstances should any decision need to be made.

To help facilitate continued operations during a caretaker period, Council has prepared, a draft procedure (Attachment 1- 6.01.3 Local Government Elections (caretaker provisions) for adoption by Council, which in summary contains the following:

• Procedures intended to prevent Council from making inappropriate decisions or Councillors using resources inappropriately during the election period before a general election.

• Limits on public consultation and the scheduling of Council events.

• Procedures to ensure that access to information held by Council is made equally available and accessible to candidates during the election period.

· Inappropriate decisions made by a Council during the election caretaker period are described as:

o Decisions that would affect voting in an election.

o Decisions that could reasonably be made after the election.

o The publishing or distribution of material during the election period likely to influence voting on Election Day.

Council employees and Elected Officials must observe specific legislative and governance requirements during the period leading up to an election including the caretaker period.

2021 Council meeting dates

Council officers are recommending the meeting schedule for the remainder of 2021 be as follows:

o 6 October 2021 (existing meeting)

o 20 October 2021 (existing meeting)

o 3 November 2021 (revised date from 10 November)

o 24 November 2021 (additional meeting date)

The rationale for bringing the 10 November 2021 forward to the 3 November is to allow Council to deal with matters prior to the caretaker period commencing on 4 November.

An additional meeting date of 24 November 2021 in the caretaker period is also proposed to reduce the time period until the next Council is elected and have their first ordinary meeting which is proposed to be held in mid-February 2022.

The meeting schedule is outlined below.

Wed 6 October	12:00pm – 1:00pm	Public Forum
Face to Face	2:00pm	Council Meeting

Wed 20 October	12:00pm – 1:00pm	Public Forum
Face to Face	2:00pm	Council Meeting

Wed 3 November	12:00pm – 1:00pm	Public forum
Face to Face	2:00pm	Council Meeting

Wed 24 November	12:00pm – 1:00pm	Public forum
Face to Face	2:00pm	Council Meeting (Caretaker period)

2022 proposed meeting schedule and Councillor induction

At the 4 August 2021 Council meeting it was resolved that Council receive a further report to set the meeting date for the Mayoral election for the new Council. The first meeting date of the new Council, which will include election of the Mayor, must be held within 3 weeks of the declaration of results from the Local Government election.

As outlined in the caretaker procedure there will be a progressive declaration of results that will occur between Tuesday 21 December 2021 through to Thursday 23 December 2021. Given this window of dates where Council can expect to have a result, it is proposed that the first Extraordinary meeting of the newly elected Council be held on Wednesday 12 January 2022.

At this meeting the new Councillors complete their Councillor Oath and Affirmation, a Mayoral election will take place, Council sub-committee roles will be determined, the 2022 meeting schedule will be determined and a resolution made on countback elections for filling casual Councillor vacancies.

To assist with Councillor inductions and planning for 2022 Council officers are proposing the below draft schedule for 2022. The schedule includes:

· 14 Council meetings in total

· Transition to monthly Council meetings with the alternate fortnight allocated for Councillor workshops

· Additional meetings in May and June 2022 to deal with the volume of work associated with exhibition and adoption of the Integrated Planning and Reporting (IPR) framework documents

The final schedule for Council meetings and workshops will be finalised and resolved by the newly elected Council in January 2022.

Prospective Councillor candidates are advised that the program for Councillor inductions will be intensive in January and February 2022. With elections typically held in September, the newly elected Council will have a reduced period for onboarding prior to significant strategic decisions needing to be made. A detailed program and induction guide will be shared with the elected candidates once results are declared in December.

Item	Description	Date
Councillor onboarding	Issue of Councillor induction handbook once results declared	21 Dec- 24 Dec
Councillor onboarding	The elected candidates commence an initial onboarding process; focusing on the key policies and protocols for elected officials in local government. The onboarding process will be online through Council’s Learning Management System.	21 Dec- 12 Jan
Extraordinary Meeting	Extraordinary meeting held; agenda items to include: - Mayoral Election - Councillor Oath and Affirmation - Subcommittees - 2022 Council meeting schedule - Countback elections for filling Councillor casual vacancies	12 Jan
Councillor Workshop	The Councillors will attend three (3) face-to-face workshops. The focus of these workshops will be on corporate governance, planning and decision making, financial management, integrated planning and reporting and service area overviews. 18 January- 10am-3pm 19 January- 10am-3pm 20 January- 10am-3pm	18-20 Jan
Councillor Team Session	Externally facilitated team building and professional development session 10am-3pm- single day	24 or 25 Jan (TBC)
Councillor workshop	The Councillors will attend a face-to-face workshop.	2 Feb
Ordinary Meeting	The Councillors will attend an ordinary meeting. This will be the first ordinary meeting of the newly elected Council.	9 Feb
Councillor Professional Development	Councillors will attend a two-day, externally facilitated training session. The training will be delivered by Lindsay Taylor Lawyers, and will be delivered with the newly elected Council from Eurobodalla Shire Council.	16-17 Feb
Councillor workshop	The Councillors will attend a face-to-face workshop.	2 March
Ordinary meeting	The Councillors will attend an ordinary meeting	16 March
Councillor workshop	The Councillors will attend a face-to-face workshop.	30 March
Councillor workshop	The Councillors will attend a face-to-face workshop.	13 April
Ordinary meeting	The Councillors will attend an ordinary meeting.	20 April
Extraordinary meeting	The Councillors will attend an ordinary meeting. This meeting will allow for exhibition of CSP, DP, Resourcing Strategy, Fees and Charges, Operational Plan and budget.	4 May
Ordinary meeting	The Councillors will attend an ordinary meeting.	18 May
Workshop	The Councillors will attend a face-to-face workshop.	1 June
Ordinary meeting	The Councillors will attend an ordinary meeting.	15 June
Extraordinary meeting	The Councillors will attend an ordinary meeting. This meeting will allow for adoption of CSP, DP, Resourcing Strategy, Fees and Charges and Op Plan.	29 June
Ordinary meeting	The Councillors will attend an ordinary meeting.	20 July
Workshop	The Councillors will attend a face-to-face workshop.	3 August
Ordinary meeting	The Councillors will attend an ordinary meeting.	17 August
Workshop	The Councillors will attend a face-to-face workshop.	31 August
Ordinary meeting	The Councillors will attend an ordinary meeting.	21 Sept
Workshop	The Councillors will attend a face-to-face workshop.	5 Oct
Ordinary meeting	The Councillors will attend an ordinary meeting.	19 Oct
Workshop	The Councillors will attend a face-to-face workshop.	2 Nov
Ordinary meeting	The Councillors will attend an ordinary meeting.	16 Nov
Workshop	The Councillors will attend a face-to-face workshop.	30 Nov
Ordinary meeting	The Councillors will attend an ordinary meeting.	14 Dec

Options

For recommendations 1 and 2 Council can propose alternate options or adopt as recommended. Recommendation 3 is for noting only with feedback from current Councillors considered to improve the proposed schedule for the newly elected Council.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement has been undertaken in drafting the schedules outlined in this report. Council officers are recommending these meeting dates to meet the reporting and decision-making needs of the organisation.

The Councillor induction program has been developed based on experience from previous induction programs and the time constraints with the election being delayed. Council has been working with a range of external stakeholders in relation to the content in this report including the NSW Electoral Commission, Office of Local Government and Eurobodalla Shire Council.

Engagement planned

The revised Council meeting dates for 2021, once adopted, will be advertised on Council’s website. The draft schedule for 2022 including the Councillor induction program will be communicated to prospective Councillor candidates once nominations close so that they are clear of the time and workload commitment in their induction period taking place in January and February 2022.

Financial and Resource Considerations

There are no direct costs associated with the recommendations in this report. The cost of Council meetings are included in the budget allocation for elected officials. The costs for the Local Government election are included in the 2021-2022 budget.

Legal /Policy

Local Government Act 1993 (NSW)

Local Government (General) Regulations

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP OUTCOME: Strong consultative leadership

GOAL 11: We are an informed and engaged community with a transparent, consultative and responsive Council

DELIVERY PROGRAM:

6.11.5 Support Councillors and ensure open and effective Local Government in our Shire

2021-2022 OPERATIONAL PLAN ACTIVITY:

6.11.5.1 Coordinate the 2021 Local Government election including new Councillor induction and training

The CEO and Mayoral Support service area is responsible for delivering the above Operational Plan activity.

Environment and Climate Change

There are no direct Environment and Climate Change impacts associated with the recommendations of this report.

Economic

There are no direct Economic impacts associated with presenting this report. The adoption of the caretaker period procedure provides clarity for stakeholders.

During the caretaker period Council is required to maintain its operations at the required service level during the election process, however a caretaker role is assumed so as to ensure major financial, development or leadership decisions are not made which would limit or bind the actions of an incoming Council during the declared period.

Risk

There are no significant risks associated with presenting this report. The adoption of an updated caretaker procedure is common practice prior to an election and helps to reduce Council’s risk exposure in the process of democracy. The adopted procedure helps to ensure that Councillors, community and Council employees are aware of what can and cannot be done during the election caretaker period. It ensures that Council complies with the election period caretaker provisions of the Local Government Act 1993 (the Act), and that Council continues to provide high standards of service to the community during an election period.

Revising the 2021 meeting schedule to allow for a Council meeting just prior to the caretaker period ensures that Council’s full decision-making capacity can be in place when key strategic decisions need to be made.

Articulation of a proposed 2022 meeting schedule and Councillor induction program assists staff and potential candidates to better plan for early 2022 with the aim of reducing the risk of future decision-making being delayed by the newly elected Council.

Social / Cultural

There are no direct social or cultural implications associated with presenting this report.

Attachments

1 ⇩. DRAFT procedure 6.01.3 Election Caretaker to Council - September 2021

Council 22 September 2021

Item 13.1

13.1. Reserve balances for 2020-21 financial year

This report notes the Reserve Balances for 30/6/2021.

Director Business & Governance

Officer’s Recommendation

1. That Council authorise the release $8,009,020 of internally restricted reserves at 30 June 2021.

Executive Summary

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

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

1. Externally restricted

2. Internally restricted

3. Unrestricted

This report seeks a resolution from Council to confirm the internally restricted reserves that it wishes to maintain at the close of the Financial Year 30 June 2021. The reserves are held for specific future projects that align with the purpose of the reserve.

Background

Reserve Type	Detail	FY2021 (30/06/2021)
Externally Restricted Funds	Funds received by Council that cannot be used for operational purposes. That is, the Council can only spend these funds for the purpose they were provided. Council cannot use those funds for any other purpose.	$83,942,867
Internally Restricted Funds	Funds set aside by the elected Council for a specific purpose. The NSW Local Government Accounting Code states: Internal restrictions shall include those assets, the uses of which are only restricted by a resolution of the elected council. These assets are disclosed with details of the nature of the internal restrictions. These funds can only be utilised either by Council resolution or in the manner they were restricted.	$9,256,083
Unrestricted Funds	These are operating funds for use by the Council to deliver organisational services that are not funded by internally or externally restricted reserves (operational budget).	$(8,009,020)
*Actual cash and cash equivalents at 30 June 2021		*$85,189,930*

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

Preparing the Financial Statements relies on the final reconciliation for the end of FY2021. Now this work has been completed, the following table provides the balances of externally and internally restricted cash in the FY2021:

Options

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

2. That Council resolve to maintain all internally restricted funds currently allocated and notes the impact of accounting for these restrictions on the final cash position for the FY2021 Financial Statements, Cash and Investments. This decision would result in a qualified audit.

Community Engagement

Council adopted the Long Term Financial Plan on 30 June 2021 that supports the ongoing financial resources required to deliver the Delivery Program and Operational plan. This strategy includes forecasting budgets required for future projects and services.

Financial and resource considerations

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

Funding source		Amount
Externally Restricted Funds	$	83,942,867
Internally Restricted Funds		9,256,083
Restricted Funds Total		93,198,950
Unrestricted Funds		(8,009,020)
Total Cash and cash equivalents – 30 June 2021		$85,189,930

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

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

This report seeks to acknowledge the amount of restricted reserves and the balance of cash and cash equivalent funds as at 30 June. Also for note, State and Federal Government debtors alone stand at $16.9M of funding owed to Council for grants on DRFA and other projects where the work has been carried out as at 30 June 2021.

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

Therefore, it is proposed that the internally restricted funds released at 30 June 2021 (based on the cash and cash equivalent balance) will be reinstated in 2022 from the funding received via outstanding government debtors and loan funds.

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

Legal /Policy

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

DP: 6.12.5: Improve the provision of corporate financial services

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

Environmental / Sustainability

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

Economic

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

Risk

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

Social / Cultural

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

Attachments

Nil

Council 22 September 2021

Item 13.2

13.2. Certificate of Investment July 2021

This report details Council’s cash and investments at the end of July 2021.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the attached reports on Council’s investment position at 31 July 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.

This report is presented to the September meeting as the Tcorp results were not available for the report to be presented at the August Council meeting.

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

There is no community or stakeholder engagement associated with the recommendation of this report.

Engagement planned

Not applicable.

Financial and Resource Considerations

A list of Councils cash and Investments at 31 July 2021 is detailed below.

Interest received by Council was far below the anticipated and reflects low investment return rates. This income projection will be reviewed as part of the September Quarterly Budget Review Statement.

Despite the low return rate, Council’s current investment performance currently exceeds the RBA 3 monthly deposit average for July 2021 of 0.03%

The investments can be broken down into the following Funds:

Table 1: Investments by Fund $’000
Fund	May-2021	June-2021	July-2021
General Fund	15,804	18,396	17,558
Water Fund	22,981	24,744	25,047
Sewer Fund	42,891	41,799	43,300
TOTAL	81,676	84,939	85,905

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
Total cash and Investments	$85,905,130
External Restrictions as per Draft Financial statements	$83,942,867
Internal Restrictions as Council report 22 September 2021	$9,256,083
Unrestricted funds	($7,293,820)

The table above reflects the level of restrictions as per Council’s Reserves report also included in the business paper for Ordinary Council on 22 September. It is noted that at 31 July 2021 the balance of Government Grant debtors is $11,233,456.

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.

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 22 September 2021

Item 13.3

13.3. Certificate of Investment August 2021

This report details Council’s cash and investments at the end of August 2021.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the attached report on Council’s investment position as at 31 August 2021

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

Executive Summary

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

Background

Options

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

Community and Stakeholder Engagement

Engagement undertaken

There is no community or stakeholder engagement associated with the recommendation of this report.

Engagement planned

Not applicable.

Financial and Resource Considerations

A list of Councils cash and Investments at 31 August 2021 is detailed below.

The interest received by Council was far below anticipated and reflects low investment returns available. This will be reviewed with the September Quarterly Budget Review.

Council’s current investment performance exceeds the RBA 3 monthly deposit average for August 2021 of 0.03%

The investments can be broken down into the following Funds:

Table 1: Investments by Fund $’000
Fund	June-2021	July-2021	August-2021
General Fund	18,396	17,558	32,985
Water Fund	24,744	25,047	22,101
Sewer Fund	41,799	43,300	41,869
TOTAL	84,939	85,905	96,955

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.

Table 2: Investments by Restriction
Source of Funds	Value
Total cash and Investments	$96,954,723
External Restrictions as per Draft Financial statements	$83,942,867
Internal Restrictions as Council report 22 September 2021	$9,256,083
Unrestricted funds	$3,755,773

The table above reflects the level of restrictions as per the Council’s reserves report also included in the business paper for the Ordinary Council on 22 September 2021.

The value of outstanding Government Grant Debtors at 31 August is valued at $9,681,237.

Legal /Policy

Section 625 of the Local Government 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.

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).

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 Council’s 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	22 September 2021
*Item 8.1 - Attachment 1*	Proposed Modification Notice and Amended Consent

Council	22 September 2021
*Item 8.3 - Attachment 1*	Nomination for heritage listing of Royal Willows Hotel, Pambula

Council	22 September 2021
*Item 8.3 - Attachment 2*	Heritage Advisor assesment of nomination for heritage listing of Royal Willows Hotel, Pambula

Council	22 September 2021
*Item 11.1 - Attachment 2*	LJ Hooker EOI Advertising Brochure

Council	22 September 2021
*Item 11.2 - Attachment 1*	Tathra Wharf to Waves 2022

Council	22 September 2021
*Item 11.3 - Attachment 1*	Church Street Bega kiosk food premises inspection report

Council	22 September 2021
*Item 11.4 - Attachment 1*	Council report dated 28 September 1999 - Tarraganda Sewage Pumping Station Site Plan of Management

Council	22 September 2021
*Item 12.1 - Attachment 1*	DRAFT procedure 6.01.3 Election Caretaker to Council - September 2021

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

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

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Planning and Environment

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Questions without Notice

19 Confidential Business

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

Statement of Re-Commencement of Live Streaming

20 Noting of Resolutions from Closed Session

21 Declassification of reports considered previously in Closed Session

Council

22 September 2021

Staff Reports –Planning And Environment

22 September 2021

Officer’s Recommendation

Attachments

Council

22 September 2021

Staff Reports – Economic Develoment and Business Growth

22 September 2021

Council

22 September 2021

Staff Reports – Infrastructure Waste And Water

22 September 2021

11.2. Bega Valley Local Traffic Committee

Officer’s Recommendation

Tathra Wharf to Waves Bike Ride 22 January 2022

Recommendation

Attachments

Council

22 September 2021

Staff Reports – Governance And Strategy

22 September 2021

Staff Reports – Finance

22 September 2021