Agenda of Council - 20 October 2021

Council 20 October 2021

Item 11.1

11.1. RFT 2122-014 Bega Valley Regional Gallery Redevelopment

This report details the recommendation to Council in relation to evaluation of Tender 2122-014, for the Bega Valley Regional Gallery redevelopment.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendation outlined in the confidential attachment.

2. That authority is delegated to the Acting Chief Executive Officer to execute all necessary documentation in relation to Request for Tender 2122-014.

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

Executive Summary

Bega Valley Regional Gallery (BVRG) is the only publicly funded art gallery in South East NSW. The closest regional art galleries are the Shoalhaven Regional Gallery in Nowra 263km north, the Murray Art Museum Albury (MAMA), 418km west, and the Goulburn Regional Gallery 312km north-west. Consequently, the BVRG is regarded as an outpost of visual art culture in south eastern regional NSW.

The existing gallery space facility has served the community well for 30 years; however, given the space was not designed to host a gallery, it is now insufficient for the level of exhibitions expected by the community and visitors to the region, and unable to realise the full economic benefits it is able to bring to the region.

This project, a redevelopment of the existing aged and outdated BVRG facility, aims to deliver:

• A sophisticated visual arts and cultural destination of local, national and international significance.

• An opportunity to provide regional economic growth through increased visitation to the facility, and an increase in destination exhibition programming.

• A re-alignment of the facilities position to service south east NSW.

• An additional 201sqm of gallery space to the existing 181sqm.

• Industry standard environmental control within gallery and storage space.

• An additional 36sqm of storage space for the gallery’s historic and growing contemporary collection.

• Dedicated multipurpose workshop/project space for community art groups.

• The capacity to host touring exhibitions from state and national lending institutions.

• Increased visibility, accessibility and permeability through sophisticated redesign of the gallery entry and façade.

• Provide support and space to deliver high quality educational and access programs for school students, art enthusiasts, professional artists and the broader community.

This project represents the growth in support, and desire to deliver the highest quality artistic, cultural and educational programs in one of Australia’s most unique and pristine, regional environments.

The BVRG is currently positioned at a vibrant and exciting stage. Internally, the gallery is going through its most dynamic period in its 30-year history, with visitor numbers tripling since 2014. With the increase in patronage has come a renewed interest in the facility’s future, one that meets the community’s expectations and that is fit for purpose, to industry standards and able to take advantage of our new strategic partnerships with premier lending institutions and finally, that will serve the community for decades to come.

The BVRG and its collection belongs to the community. This project will ensure that the BVRG can provide residents and visitors from across the region with inclusive, engaging and accessible opportunities to participate and experience the Gallery’s collections, temporary exhibitions, programs and facilities, whether physically or remotely. The Gallery has a long history of strong support and partnership with other galleries, communities, health service providers, educational organisations and audiences across NSW. The BVRG redevelopment project will help further strengthen, support and grow this engagement.

Background

Council resolved in November 2017 that the location for the redevelopment of the BVRG should be within the township of Bega and due diligence on a number of possible Bega sites was undertaken. As a result, its current location in Zingel Place, in the centre of Bega’s central business district, was identified as its preferred long-term location.

Following on from the above resolution, Council was invited by the NSW Government to refine its Round 1 Regional Cultural Fund application for a redeveloped regional gallery facility on the basis there is a clear need for such a proposal, as it will assist the NSW Government to realise its key objective of expanding and improving the quality of delivering cultural experiences in regional NSW.

Council resolved the following in March 2018:

1. That Council note the due diligence investigations that have been undertaken on Bega sites.

2. That Council redevelop the Bega Valley Regional Gallery at its current location dependant on receipt of external funding.

3. That Council delegate the authority to the Chief Executive Officer to proceed with the Bega Valley Regional Gallery Redevelopment project application for an amount that accurately reflects the requirements that ensure that the proposal meets the current and future building on the site in Round 2 funding of the NSW Cultural Infrastructure Program.

In order to support the funding application, Council identified the requirement to seek fee proposals from suitably qualified and experienced architectural practices to develop a concept design and project cost plan to form the basis of a submission to NSW Government through Create NSW to access funding from Round Two of the $100 million Regional Cultural Fund.

Subsequent to the above and following RFQ 25/18 process, Sibling Architecture were appointed to develop the gallery project from design development through to DA submission and subsequent tender level documentation.

Development Application 2018.301for the Gallery Redevelopment and Forecourt Redevelopment was approved on 26 September 2018 with a subsequent modification to that consent approved on 30 March 2021. These modifications were for the following key changes:

1. New proposed rear courtyard.

2. Scope of forecourt shading structure reduced.

3. Entry to BVRG relocated to the existing BVSC entry and to be shared.

4. Roof to Gallery 1 raised to accommodate services.

The engagement of Sibling Architecture included the preparation of a detailed design estimate, this was undertaken by quantity Surveyors Rider Levett Bucknall (RLB) with the estimate for the project being of $3,576,699 (excl GST).

The design development process supported funding applications for the project, this led to successful funding from the Building Better Regions Fund- Round 4 (BBRF) for $1,676,771 (excl GST) in August 2020, leaving a shortfall of $1,899,928 (excl GST) required to deliver the project.

Council has actively pursued additional funding streams from Round 2 of the Regional Cultural Fund and the Bushfire Local Economic Recovery Fund (BLERF), unfortunately these applications were not successful in obtaining the additional funding required.

Council’s adopted 2021/22 budget has an allocation of $1,900,000 to fund the Bega Valley Regional Gallery from the Council Loan Facility, upon adoption of the budget the tender documentation was finalised and RFT 2122-014 issued to the marketplace via Vendor Panel on 12 August 2021 and closed on 24 September 2021.

Four (4) conforming tenders were received and were subject to a tender evaluation process which is further discussed in the attached confidential memorandum for Council’s consideration.

Options

There are several options available to Council which are further discussed in the attached confidential memorandum for Council’s consideration on how they would like to proceed with the Bega Valley Regional Gallery redevelopment.

Community and Stakeholder Engagement

Engagement undertaken

Extensive, interactive, and effective community consultation was identified as a key priority throughout the planning phase for this project.

Stakeholder views have been considered extensively in the development of this project, through targeted and open surveys, as well as through other engagement methods. The consultation undertaken indicates strong aspirations amongst visitors to the Bega Valley Regional Gallery to see a redeveloped gallery that is a modern facility with multiple exhibition spaces and capacity for larger exhibitions.

The consultation identified and confirmed issues, opportunities, key user groups and patterns of use within the existing facility. The project has very broad community support, with Council fully committed to continuing to consult with the community throughout the delivery phase.

Strong community support for the development of arts and cultural facilities is demonstrated through the responses to the 2017 Understanding Our Place engagement which formed the basis of the Bega Valley Community Strategic Plan 2040. Part of the engagement was an open response survey conducted by Bega Valley Shire Council to which over 1850 people responded.

The results from the survey found that arts and culture was very important to the community living in the Bega Valley Shire:

· Cultural activities were one of the things they love most

· Lack of cultural diversity, events and arts was one of the biggest challenges they face

· More arts, entertainment and cultural activities is one of the top changes they want to see

As a result of the Understanding Our Place engagement, 12 community goals were articulated in the Bega Valley Community Strategic Plan 2040. Two of these goals are:

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

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

The gallery redevelopment proposed is a direct response to these community goals.

Consultation Phase One – Functionality

In 2017, BVRG commissioned Destination Research to conduct a survey of 550 visitors (excluding school tours, which provide over 1000 visitors each year) to BVRG to gain an understanding of the visitor profile as well as conducting visitor segment analysis (including travel patterns, eg. day trippers, overnight visitors and locals), economic impact on the local economy and providing analysis of projected growth. Perceptions of the current gallery where also ascertained (for example, suitability of existing gallery to cater for the exhibits it attracts).

The results from the visitor survey demonstrate:

· The importance of the gallery to both locals and visitors who came for the cultural and arts experience.

· Support for the redevelopment of the Bega Valley Regional Gallery to enable larger exhibitions of important local, national, and international works.

· Only 41% of respondents believed the current gallery is adequate for the exhibitions it attracts.

· 72% would support investment by Council to re-develop Bega Valley Regional Gallery.

Many of the comments from the research related to the strategic design of a new gallery to maximise the investment, both in terms of tourism pull as well as for local artists and craftspeople.

Consultation Phase Two - Location

The second survey was conducted through the Bega Valley Shire Council website and focused on site selection. In a two-week period late in 2017, 877 online surveys were completed by stakeholders, the majority (800) of which were members of the Bega Valley Shire community, with various levels of interest in art, some of whom had not visited the gallery in 2017.

Comments received in the survey supported the redevelopment of the Bega Valley Regional Gallery for a wide variety of reasons including.

· improving accessibility

· inadequacy of the current space

· the potential to expand to grow facilities, programs, and offerings

· fostering of the existing arts community

· enhancing the Bega Civic cultural precinct and links with tourism

· the potential to attract more visitor numbers

This community feedback was presented to Council in November 2017 and informed Council’s March 2018 resolution described above.

Consultation Phase Three – Form

As part of the design phase for the redevelopment of the existing gallery, the Project Team engaged a stakeholder group comprising representatives from Museums and Galleries NSW, Bega Local Aboriginal Land Council, South East Arts, Spiral Gallery Co-operative, Bega Valley Arts & Craft Society, Four Winds, Fling Physical Theatre, Destination NSW Southern and On the Island Festival to provide feedback on the design, form and functionality needs of the gallery space.

A spatial brief was then developed which outlined the key essential parameters in which the redevelopment should occur.

A tender evaluation process, in accordance with Council’s Procedure 5.08.1 Purchase Procedure, was undertaken to select architectural design services. Sibling Architecture were selected from a competitive tender evaluation process as the architectural team to deliver the project brief.

Detailed design plans were developed, achieving the spatial brief, and a development application was submitted to Bega Valley Shire Council for assessment in July 2018.

As part of the development assessment phase, the gallery redevelopment plans were placed on public exhibition for broad community consultation, including information of Council’s website and notices in the local newspaper. No submissions or objections were received during the DA assessment process, indicating community acceptance and awareness of the proposal from previous community engagement and consultation processes.

Engagement planned

Consultation Phase Four – Delivery

With funding secured for the project, stakeholder and community engagement will continue. The following Communication Plan details the strategy to continue the conversation and ensure community engagement throughout the delivery phase.

The main aim of the communication and engagement approach is to keep the community (local/state/national) informed about the development. Second to this is to manage community and stakeholder expectations. It is expected that by fully implementing this strategy, there will be no surprises for the community and stakeholders, and support for the redevelopment will increase.

COMMUNICATION PLAN
Who?	Why?	What?	How?	When?
*NSW State Government*	Main funding partner of the project	Aware of need of the project How the project meets KPIs Main benefits to regional community	Through business case Direct reporting of key project milestones to CIPMO and local member	On submission of business case Key project milestones
*Bega Valley Shire Council and Councillors*	Main stakeholder and operator	Community satisfaction Integration with long term strategic direction and plans Project deliverables	Progress reports at Council meetings Reporting against key deliverables and milestones	Quarterly to Council meetings Key project milestones
*Key Regional Arts and Cultural Bodies*	Sector stakeholders as a means of increasing arts and culture audiences and visibility	Progress updates on project Opportunities to partner and deliver arts and culture programs during and post construction	Direct communication	Key project milestones As required
*Active established audience*	Current BVRG members and visitors, and participants in programs	Continuation of involvement in BVRG during construction	Direct communication BVRG marketing and communication activity	In line with established marketing and communication plan for programs and activities
*Broader community audience*	Potential future audience and participants	Information on how to become involved Opportunities and benefits of the project to the wider community	BVRG and Council marketing and communication activity	In line with established marketing and communication plan for programs and activities Project reporting against key milestones
*Others, including media*	Keeping community informed and engaged in the project Building a broader audience Driver for tourism growth and activity	General project progress Benefits to the wider community, including tourism opportunities	BVRG and Council marketing and communication activity Targeted PR and marketing to arts and culture media	In line with established marketing and communication plan for programs and activities Project reporting against key milestones

Financial and Resource Considerations

The project currently has $3.576m in funding comprising of Building Better Regions Fund- Round 4 (BBRF) and an allocation of from the 2021/22 budget for a Council Loan Facility of $1,900,000. The Tourism Infrastructure special rate variation currently raises $218,000 per annum (indexed annually be the rate peg). This source of funds is available to part repay the loan facility from FY24.

Details of the project budget and funding is as per below table:

Item	$ Excl GST
Expenditure Detail
Relocate Mayor and Chief Executive Officer office suite	37,705
Architectural and associated professional fees	375,000
Relevant authority fees and charges	65,300
Project and construction contingency	Refer to Confidential Attachment
BVRG Redevelopment	Refer to Confidential Attachment
Forecourt Redevelopment	Refer to Confidential Attachment
Rear courtyard	Refer to Confidential Attachment
Solar Array	25,000
Art Storage System	250,000
Upgrade to Front Counter	50,000
Total Expenditure	4,204,190

Source of Funds
Building Better Regions Fund- Round 4 (BBRF)	1,676,771
2021/22 Funding Allocation – Council Loan Facility	1,900,000
Total income available	3,576,771

Total Project Capital Cost	4,196,135
Total Available Construction Funding	3,576,771
Project Funding Shortfall	*= total expense – total income* *-$627,419*

Currently the project has a funding shortfall of $627,000 and options for Councillors’ consideration are further discussed in the attached Confidential Memorandum in regard to the delivery of the project.

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	$4,204,190
Annual maintenance and operational costs	Refer to table below
Depreciation costs	Refer to table below
User charges (annual income)	N/A


Electricity	6
Salaries and wages for staff	200
Insurances and Public Liability	7
Depreciation (30 yr life)	140
Courier and freight	16
Water/utilities	2
Telephone, internet and Information Technology	7
Advertising and promotions	18
Fit-out costs (e.g.: exhibition installation costs)	30
Administration costs	8
Maintenance & cleaning	6
Total	440

Legal /Policy

The tender process complied with the Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There has been considerable progression of an arts policy framework at both a State and National level, with key arts funding bodies articulating how quality artistic achievement delivered by the BVRG can contribute to growing the regional arts sector and strengthening the community of arts, and also their ability to respond to and stimulate demand, providing access to, participation in and positive experience of visual arts.

This project was developed on evidence-based research and broad consultation that identified the need for the Gallery to consolidate, to fulfil its opportunity to be an important landmark arts facility in New South Wales and Australia, by developing key strategies around the following strategic outcomes:

• Re-aligning the Gallery’s purpose to the current strategic directions and visions of local, state and national planning.

• Responding to Create NSW’s priority areas, focusing on people living in Regional NSW, Aboriginal people and members of the community from diverse backgrounds and continue our work with people living with a disability, in accordance with the Create in NSW: NSW Arts and Cultural Policy Framework, 2017.

• Population and demographic changes to the region.

• Building and maintaining a unique cultural destination and experience.

• Being a culture catalyst – facilitating an active connection between creativity, art and the experience economy.

• Engaging and generating new arts activity and discourse at an international level.

• Promoting the region as one known for artistic excellence, great natural beauty and one that is outward looking as well as confident in our own cultural capacity.

The table below outlines the assessment of how the project aligns with current NSW Government and Council policies, strategies and initiatives and addresses the themes and requirements of each of the key policies.

Project Alignment with NSW Government and Council Policies

Policy	Alignment
Premier’s Priorities	Creating Jobs and Delivering Infrastructure. This Project supports the Premier’s Priority of Creating Jobs and Delivering Infrastructure by aligning with the economic and growth strategies described below. The Project also seeks to contribute to Goal 3 of the NSW 2021 strategy to *Drive economic growth in regional NSW.*
NSW State Infrastructure Strategy update 2014	*Strategic objective 9.0 -* Deliver targeted upgrades to the State’s cultural, sporting and environmental infrastructure to drive growth in the visitor economy, realise the economic and social benefits of strong cultural and sporting sectors, and support local participation, creativity and liveability. The Project seeks to contribute to the delivery of this priority by boosting the South East region visitor economy through investing in infrastructure that will provide a unique cultural experience for visitors to the South East, building on the growing number of cultural tourists visiting the Gallery, either on day trips or longer overnight stays. Economic research conducted by Destination Research in 2017 indicates that the expansion of the Gallery can see visitation and subsequent expenditure increase significantly.
Restart NSW/Rebuilding NSW	The Project aligns with the statutory purpose of the Restart NSW Fund which is to improve economic growth and productivity in NSW.
Policy	Alignment
NSW Economic Development Framework	The Project aligns with the principles underpinning the Framework, namely; *Demonstrate leadership.* Champion growth through leadership, vision and partnerships. Bega Valley Regional Gallery is striving to be a leader at a local and regional level in regard to the cultural offering within the south east region through fostering collaboration and partnerships, while holding a strong and aspirational vision for building its reputation as a tourism driver, and economic growth stimulator and a provider of economic pathways for local arts practitioners. *Make it easier to do business.* Reduce costs and provide greater certainty for industry. Greater certainty for industry is achieved through proactive community engagement and understanding of the benefits and opportunities available as a result of the project. This Project has already been the subject of a thorough consultation process, with a strong focus on bringing the community along through robust community consultation. This will continue throughout all stages of the Project. *Collaborate to drive innovation and competitiveness:* Respond to new challenges, create new products and markets, and take advantage of emerging opportunities. The BVRG has partnered with leading artists, museums and galleries, universities and arts organisations. These collaborations have resulted in the presentation of exhibitions and educational programs that have previously not been offered to local audiences. In the development of its artistic program, the gallery continues to innovate with visitation and participation having grown exponentially over the past 5 years. *Invest in critical infrastructure -* Plan strategic and efficient infrastructure needed to drive the economy. Cultural infrastructure assists the community to access the arts, contributes to regional renewal and supports local and visitor economies. The cultural precinct in Bega, with the redeveloped BVRG at its centre, is an essential platform for the creation and presentation for artists, cultural workers and the community. Raise the global profile of NSW: Promote NSW in a more strategic and coordinated way, to attract businesses, entrepreneurs and talent to the State. In conjunction with the burgeoning cruise ship industry and other strong recent investments in the Shire, this Project certainly has potential to increase both the domestic and international tourist reach. This will in turn attract new business and be a seed for new, exciting ideas.
Far South Coast Regional Economic Development Strategy 2018-2022	The redevelopment and expansion of the BVRG aligns well with the Far South Coast Regional Economic Development Strategy objective (Strategy 1) to Support the development, diversification and growth of the Region’s tourism sector and the Region’s overall lifestyle appeal The Project also consistent with the Plan’s Early Stage Action to “Develop key product tourism offerings based around major attractions in the Region”. The BVRG is the only publicly funded art gallery in South East NSW. Consequently, the BVRG is regarded as an outpost of visual art culture in south eastern regional NSW. The facility will build and consolidate solid program foundations and continue to shape not only a unique visitor experience and cultural destination for South Eastern NSW but to develop as a major visual arts centre of national significance.
Visitor Economy Action Plan 2012	One of the key objectives of this Project is to provide undeniable reasons for visitors to extend their visit in the area and also to return to the Sapphire Coast. This is consistent with the *Strategic Imperatives* to; · Increase visitation · Grow physical capacity · Renew and revitalise destinations · Improve the visitor experience · Increase visitor spend · Make NSW more competitive · Change the mindset. The Project is also cognisant of the actions identified in the Industry Action Plan, particularly in relation to the following actions; ü Action 3C - *Promote NSW destinations* that have the highest demonstrated consumer appeal and potential to grow visitor expenditure to target markets The Sapphire Coast/Bega Valley is recognised as an area of outstanding natural beauty that has turned it’s geographical isolation into a cultural advantage. With a number of professional arts organisations across disciplines established in the area, the BVRG will continue to grow its level of recognition within the tourism sector while targeting cultural tourists with stand alone events, exhibitions and a level of excellence that will draw a broad audience to its activities and increase participation within cultural enterprises across the community. ü Action 18B - *Support the South Coast visitor economy ‘zone’* Recommendation 26 - Raise the profile of NSW’s Aboriginal heritage and contemporary culture and further develop and sustain visitor attractions and experiences which tell the story of Indigenous Australia Strong links with the local Aboriginal Communities through annual Aboriginal exhibition and mentorship program provides the impetus. Links with local and regional tourism, including the growing cruise ship visitation, provides the avenue to promote local Indigenous culture through the BVRG.
Visitor Economy Industry Action Plan 2030	The Project is consistent with the following focus areas: ü Focus 03. - *Put the visitor first.* Every visit should be an unforgettable one that inspires and encourages visitors to keep exploring and to return – Improving the cultural offering in the region through this Project will be the catalyst for the creation of experiences ü Focus 04. - *Support, bolster and encourage the visitor economy.* Supporting and encouraging businesses to develop great products and visitor experiences benefits the visitor economy – This Project will enable the existing Gallery to continue to grow and offer new experiences and expand its cultural reach.
Bega Valley Shire Community Strategic Plan 2040	The CSP identified that one of the region’s major opportunities includes “our indigenous heritage and cultural activities including music, arts, events and celebrations”. The ambition of the BVRG is to continue to be a leader for the presentation and support of contemporary Australian visual culture in south eastern NSW. The Project will ensure the key strategies of the Bega Valley Shire Community Strategic Plan are achieved, specifically “*We are co-operative, caring and enjoy a culturally rich community life”* and *“Our economy is prosperous, diverse and supported by innovative and creative businesses”*
BVSC Delivery Plan 2017-2021	The BVRG Redevelopment Project is in direct response to the BVSC Delivery Plan outcome to *“Stimulate and enhance Australia’s visual culture and deliver the outcomes of the Regional Gallery Strategic Plan”*
BVSC Operational Plan 2018-2019	The BVSC Operational Plan sets specific targets for delivery over the 2018-19 period. In relation to the Bega Valley Regional Gallery, the following outcomes are to be achieved; · Manage, develop and exhibit the Bega Valley Regional Gallery collection, work with local professional artists and facilitate touring exhibitions of national significance · Deliver public art programs · Build the Regional Gallery’s partnerships within the Australian arts sector, local organisations and services and support projects at a national and local level · Finalise Plans for renewal of Regional Gallery · Commence gallery renewal if funding successful Funding support from the NSW Government through the Regional Cultural Fund will enable the Gallery to expand it’s cultural reach in the south east region.
NSW Art and Cultural Policy Framework	The Redevelopment of the BVRG addresses the three pillars of the NSW Art and Cultural Policy Framework - Excellence, Access and Strength. Delivering innovative cultural infrastructure in regional NSW that incorporates increased participation, a focus on sustainability and professional development.
Australia Council for the Arts, Connecting Australians, June 2017	Highlighting the importance that on-line environments are playing in arts engagement, the newly redeveloped BVRG will build on its strong on-line presence to develop new ways to engage with local, national and international audiences and providing improved access to students.
BVRG Strategic Plan 2016 - 2020	The proposed redevelopment of the Gallery to extend the functionality of the facility is in direct response to the strategic directions of the BVRG Strategic Plan. The proposal meets the Plan’s mission to that the “BVRG stimulates, develops and enhances the diverse visual culture of the region through viable, accessible, dynamic and relevant exhibition, education and collection programs”.
Regional NSW and Western Sydney Engagement Plan, 2017	The Art Gallery of NSW is dedicated to serving the widest possible audience as a centre of excellence for the collection, preservation, documentation, interpretation and display of Australian and international art, and a forum for scholarship, art education and the exchange of ideas. All residents of NSW are stakeholders and owners of the AGNSW collection. The redeveloped BVRG will become a fit for purpose venue for increased collaboration and lending opportunities, as well as extending it’s ability to be an appropriate host venue for AGNSW’s touring exhibition program. As outlined in the AGNSW Directors letter of support for the BVRG redevelopment Project – “Expanding the BVRG and its local cultural facilities will provide new opportunities for exhibition programming, local artist participation and a deeper engagement with audiences across the region. Improved facilities will also allow BVRG to borrow more extensively from the AGNSW’s extensive collection and increase our ability to provide premium touring exhibitions, enabling access for a larger audience to the State’s rich cultural assets.”
South East and Tablelands Regional Plan 2036	Through broad community consultation and engagement, Bega was determined to be the preferred location for the regional gallery, which aligns with Bega being recognised as the regional centre of the Bega Valley, as detailed in the South East and Tablelands Regional Plan 2036. The Plan recognises that visitors in the region seek out vibrant arts and cultural experiences, as well as year-round recreation and adventure activities. The Gallery Redevelopment Project will become a benchmark tourism facility that can model behaviour for visitor offerings in the region, aligning with Direction 9 of the Plan to “grow tourism in the region”.
Destination Southern NSW, Destination Management Plan 2018-2020	This Project directly meets the objectives outlined in the South Coast NSW Destination Management Plan, including contributing to; ü A growing Visitor Economy that is economically, socially and environmentally sustainable ü Increased appeal and competitiveness of the South Region as a destination – with the focus on signature/iconic experiences and locations ü Protection of the lifestyle, heritage, cultural, landscape and environmental assets that form the basis for the Visitor Economy within the Region ü Increased visitor satisfaction – providing quality experiences that deliver on the brand promise, core values and the essence of the area. ü Increased investment by Government Agencies in providing visitor facilities, services and experiences in the assets that they operate/manage within the Region.

Environment and Climate Change

The building has been designed in consideration of the relevant Building Standards and Codes and seeks to reuse existing footing and concrete slab to minimise demolition and maximise reuse. Inclusion of the proposed solar array will contribute to reducing Council’s greenhouse gas emissions and reduce the cost of operating the BVRG.

Economic

The BVRG redevelopment will allow access to a wider selection of borrowing institutions, particularly the Art Gallery of NSW, as well as showcase local exhibition artists and provide capacity to host destination exhibitions and unique artistic programming.

Besides the obvious social and cultural benefits, the larger Gallery will generate significant economic benefits through increased tourist visitation and the additional expenditure that flows from that, to accommodation, cafes and restaurants and other tourist attractions.

There will also be localised benefits, which include increased participation in cultural activities, better mental health and wellbeing, community cohesion and improved educational outcomes.

A detailed cost benefit analysis was completed by id Consulting Pty Ltd for the gallery redevelopment to support the BLERF application, relevant extract from this report as follows:

Economic impact assessment

The construction of the project is expected to support 26 jobs in Bega Valley LGA and generate $3.2 million to Gross Regional Product (GRP). The project is also expected to generate ongoing economic impacts through its operational expenditure and induced tourism impacts. The project will create a total (direct, indirect and induced) increase of 9 jobs and add $0.3 million to GRP per year.

Based on existing employment characteristics, an estimated 3 construction jobs are likely to be undertaken by youth, and 1 (0.7) by indigenous persons. An estimated additional 2 jobs would be created for youth as part of ongoing operations.

Cost benefit assessment

Using a 7% discount rate over a 30-year evaluation period, our analysis concludes the project will create a crucial community asset and generate a net benefit to the community. With a Net Present Value of $2.50 million and Benefit Cost Ratio (BCR) of 1.73:1, the project represents a positive return on investment for the Bega Valley community. These benefits remain positive with the increased capital cost impacted by current price escalations.

The major benefits of the project (in present value terms over 30 years) include:

· Increased visitor expenditure: The key benefit of the project is the induced tourism benefits. That is the benefits stemming from increased expenditure in the economy due to additional visitation to the gallery from non-locals. This benefit is estimated at $3.4 million (58% of total benefits).

· Community participation benefits (ie. user benefits): An increase in the level of participation in cultural activities. This benefit is estimated at $1.9 million, around 32% of total benefits. This benefit is particularly important given the higher levels of disadvantage in the project areas

· Additional economic activity: There is likely to be a direct uplift in economic activity related to new or increased revenue at the project site. This benefit is estimated at $0.8 million.

Risk

Key known and likely project risks have been identified by the Project Team and have been recorded in a Risk Management Plan. This Plan has been developed in accordance with the Bega Valley Shire Council Risk Matrix and is consistent with BVSC Procedure 5.03.1 Risk Management.

The Project is considered to have a Medium to Low risk profile, which is deemed to be ‘Tolerable with Periodic Review’.

The recommended action based on this profile is “exposure to the hazard may continue provided it has been appropriately assessed, has been mitigated to as low as reasonably practical, and is subject to periodic report to ensure the risk does not increase. It would be appropriate that measures to achieve long term further reduction to the risk be considered”.

Table below highlights some key risk management considerations for the Project.

Key Project Risks

Risk	Proposed mitigation	Risk rating after mitigation
Risk	Proposed mitigation	Consequence	Likelihood	Rating
*Financing* Funding not sufficient to allow construction of scope of works	· Detailed design completed by experienced consultants and detailed estimate prepared by a quantity surveyor · Scope of works options refined to provide flexibility in relation to funding availability · Tourism Infrastructure Special rate variation funding source identified for loan repayments in FY 24	Critical	Likely	15
*Resourcing/Financing* Major cost variations during construction	· Scope well defined · Detailed tender documents to be developed for project tendering · Ensuring funding agreement reflects project timetable · Appropriate contingencies and escalation applied to project budget	Critical	Improbable	15
*Stakeholder communication* Project not meeting needs and delivering value to the community	· Extensive community consultation undertaken during project and concept development. Continue to work collaboratively with community and key stakeholder groups by informing of progress in delivery of the agreed project design	Critical	Improbable	15
*Planning and approvals* Critical approvals not issued (eg development consent)	· Due Diligence assessment completed identifying site constraints and development controls · Pre-lodgement discussion with Council’s Development Advisory Panel to inform development application	Critical	Improbable	15
Risk	Proposed mitigation	Risk rating after mitigation
Risk	Proposed mitigation	Consequence	Likelihood	Rating
*Continuity of service and cultural offering* Maintaining Gallery presence and program during construction	· Disseminate information through pop up gallery dates throughout Shire’s community halls and libraries. Talking points for volunteers and staff on the progress of the build and what a redeveloped facility will be able to provide to the community. · Continue Gallery’s workshop delivery schedule utilising local artists and tailor activities around ‘visions for the gallery’, ‘future art’ and ‘south east contemporary arts in 2020’. · Utilise guest artists to deliver masterclasses	Major	Remote	14

Social / Cultural

Arts and culture are vital to the growth of strong regional communities. Past research has shown that the most innovative and thriving rural towns/ regional centres across Australia are those that publicly celebrate their artistic dimension and involve the broader community in creative experiences.

The Bega Valley Shire is an example of this, with the richness of creativity and artistic practice being an integral part of the cultural life of the region and its communities. The recent success of Bega Valley Regional Gallery has been about redefining the programming, creating the visitor experience as well as harnessing passionate locals. People of all ages and walks of life are actively engaged; professional artists, curators working side by side with enthusiastic volunteers, gallery guides; to create a uniquely vibrant cultural energy. Partnering with local service providers across health, disability, Aboriginal and aged care organisations has provided a depth of engagement within the community, promoting the arts and culture as an integral tool to think differently about their world, enhance connection and contribute positively to an individual’s sense of place.

BVRG has a commitment to engaging with the Aboriginal community and the Gallery expansion will see increased opportunities for both the community and Aboriginal artists to be involved on a number of levels. In addition to annual Indigenous exhibitions, this commitment will be underpinned by the Yuin Art Mentorship Residency program, offering the opportunity for emerging Aboriginal artists (18-30yrs old) from South East NSW to engage an artist to mentor them while they undertake a residency activity.

The program is designed to provide artists with the time and space to research, create and/or develop new work. It also represents an opportunity for the mentor to engage with the local landscape and learn heritage and customs from the local region/community.

The Australia Council of the Arts, National Arts Participation Survey 2017, showed more Australians now recognise the many positive impacts the arts have on our daily lives and in our communities.

The regional NSW results of the survey found that over 60% of respondents agreed that the arts increase their ability to express themselves, promote understanding of other people and cultures, and increase their ability to think creatively and develop new ideas.

Meanwhile over 50% of respondents found the arts stimulated an increase their sense of well-being and happiness, helped shape and express an Australian identity and helped them deal with stress, anxiety or depression (Australian Council for the Arts 2017).

Volunteering

In addition to the critical role that volunteering makes to organisations, it is well documented that volunteering brings a range of benefits to the volunteer themselves. The OECD Better Life Index states volunteers tend to be more satisfied with their lives because they’re interacting with other people, setting and achieving goals, and learning new things.

The Bega Valley Regional Gallery Economic Research Report, prepared by Destination Research, June 2017 (provided as Attachment 3.0) cited that art galleries provide opportunities for volunteers which offer enormous benefits for volunteers own sense of self-esteem and purpose, and for the improved social capital of the community.

Volunteering is not just essential to the wellbeing of the community, the organisation and the volunteer, it is also a driver of economic growth and offers a significant return on investment. A study by Volunteering Tasmania estimates that for every dollar invested in Volunteering four dollars in benefits are returned. (State of Volunteering Report 2014).

BVRG currently has 55 volunteers, working approximately 2050 hours annually, with an estimated in-kind value of $82,000 (based on industry accepted volunteering rates of $40/hr) to the recreational and educational benefit of the community. With the redeveloped gallery space, it is forecast that the volunteering network will be expanded by 25% to provide support to the Gallery Director to deliver the arts programs, taking that contribution to a conservative $102,500 each year.

Expanding the recreational and educational reach of the gallery

The vast majority of regional Australians have positive attitudes about the value of the arts. They believe the arts reflect and contribute to society, to cultural identity, and to Australia’s international reputation. The arts help give life meaning and regional Australians are proud of our artists.

The process of engaging with or creating art is expressive, restorative and reflective. It creates a space for analysis and observation of thoughts and emotions and opens a channel for purposeful expression. The benefit of the arts to mental wellbeing and social connection, especially among disadvantaged and at-risk people, is the subject of growing research.

The expansion of the Gallery will enhance the opportunity for increased access by students from across the Bega Valley, from primary, secondary and tertiary institutions. The increased exhibition spaces will allow further development of educational programs in consultation with the institutions. Coupled with the workshop space, the Gallery will provide students of all ages an immersion experience previously unavailable in the Bega Valley.

Currently the gallery conducts eight major exhibitions per year and delivers a robust arts program. The redevelopment will enable considerable expansion of the arts programming, which will be positively impact on the regional community. The table below outlines the planned increase in art programming which would be realised with a redeveloped gallery space.

Expanded arts program

Activity	Current	Projected
Exhibitions	8	15
Workshops	12	24
Masterclasses	2	6
Film Nights	4	6
Performances	2	4
Guided Tours	0	50
Floor Talks	8	20
Total	36	125

Preservation of permanent collection

A key outcome of the gallery redevelopment is to provide a modern storage facility for the Gallery’s collection, one that meets best practice standards. The Gallery holds a collection of locally and nationally significant historic and contemporary works, including collections donated to the BVRG from the Bega Valley Arts and Craft Society and the Shirley Hannan Family Trust. The Gallery is actively promoting its Cultural Gift status and has attracted over $200,000 worth of donations to the collection in the past 18 months.

Currently the Gallery storage facility falls short of those best practice standards and prohibits the Gallery from accessing significant artworks on loan from a number of lending institutions. This has hampered our capacity to bring those artworks to the region, a key part of the Gallery’s goals to bring art of significance to the community of the South East.

The newly constructed storage facility, as part of this development, will ensure our capacity to not only bring those sensitive artworks to the Bega Valley, but it will also allow us to grow our collection and provide potential donors the confidence that their donations will be properly preserved.

The redevelopment and expansion of the BVRG represents a value for money investment in the visual arts for the South East of NSW. The new state of the art facility will see increased visitor numbers both locally, and from visitors to the shire, that will have significant benefits both economically and socially. The new facility will provide residents and visitors from across the region with inclusive, engaging and accessible opportunities to participate and experience the Gallery’s collections, temporary exhibitions, programs and facilities.

Attachments

1 . 2021.10.20 Confidential attachment to report RFT 2122-014 Bega Valley Regional Gallery redevelopment memorandum to Councillors (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

Council 20 October 2021

Item 11.2

11.2. RFT 2122-018 Central Waste Facility (CWF) Cell 3 Capping Works

This report details the outcome of evaluation of Tender RFT 2122-018 Central Waste Facility (CWF) Cell 3 Capping works and requires Council resolution to proceed.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendation outlined in the Confidential attachment.

2. That Council reject the tender in relation to the contract for the CWF cell 3 capping works as described in Tender RFT 2122-018.

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation.

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

Executive Summary

Cell 3 at Council’s Central Waste Facility (CWF) reached capacity at the end of 2020. Capping works are required to be undertaken to meet NSW EPA operating guidelines and are necessary for the ongoing compliance to the Environment Protection Licence for the site.

This report recommends rejection of the single submission to RFT 2122-018, due to it being cost prohibitive.

Background

Council’s Central Waste Facility, located on Wanatta Lane at Wolumla, is the shire’s principal landfill. Engineered to ensure compliance with the NSW EPA Environmental Guidelines for Solid Waste Landfills, the landfill has recently commenced disposal into the second to last approved landfill cell. With Cell 3 now at capacity, Council installed an intermediate capping layer as required by the Solid Waste Guidelines, consisting of a 300mm layer of virgin excavated natural material. This work was undertaken by Council’s landfill operations staff. Post this immediate capping activity, Council is required to install a final cap over the cell in the future, as detailed in the approved landfill management plan and development consent.

A tender has been prepared for the installation of the final cap, which includes placement of a geomembrane, seal-bearing layer (VNEM) and vegetation cover. In preparation for the final capping works, Council have arranged for installation of vertical and lateral methane gas extraction wells into the Cell 3, with these works completed in July 2021.

The tender for Cell 3 cap was advertised via VendorPanel, opening on Monday 9 August 2021 and closed on 13 September 2021. No on-site meeting was held due to COVID restrictions, however drone imagery was uploaded for tenderers to view the site. Only one response was received for this RFT.

Options

1. That Council decline to accept the submitted tender under Clause 178 of the Local Government (General) Regulation 2005 and re-tender in 6 months when the economic environment may provide a more competitive market.

2. Council vary the available budget to undertake works sooner.

Community and Stakeholder Engagement

Discussion with internal BVSC staff only required. No significant community impacts or consultation is required, noting that the works are part of Council’s normal operations for the landfill site.

Engagement undertaken

Consulting firm GHD prepared the technical specifications and construction quality assurance (CQA) plan for the tender and, with consultation with internal stakeholders from the waste management team, a scope of work was finalised. This scope of work informed the tender documentation.

Engagement planned

No formal engagement is planned, however Council’s Waste Project Manager is required to notify NSW EPA of the proposed capping works once details are finalised.

The CWF Consultative Committee will be updated on the progress of the works.

Financial and Resource Considerations

The costs for the project were estimated based on the actual costs incurred for Stages 1, 2 and 3, and have been budgeted for accordingly in the Waste capital works programme.

However, likely due to the current COVID related economic climate and a surfeit of construction works ongoing within the shire only a single tender submission was received and was deemed cost prohibitive as it exceeded the current allocated budget.

Item	$ Excl GST
Expenditure Detail
Project costs to date	$158,510

Total Expenditure	$158,510

Source of Funds
Waste Services Fund	$603,551

Total income available	$603,651

Total Project Capital Cost	Confidential
Total Available Construction Funding	$445,141
Project Funding Shortfall	*Confidential*

Legal /Policy

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

Council’s CWF landfill is managed in accordance with the NSW Environment Protection Authority Licence number 201478, issued under section 55 of the Protection of the Environment Operations Act 1997.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Goal 6 of Council’s Community Strategic Plan states that we are leaders in sustainable living and support innovative approaches to resource recovery and the production of renewable energy and food.

Outcome 3.6.1 of Council’s Operational Plan for 2021-22 explains that Council will deliver waste collection, waste disposal and recycling services and infrastructure, and references Project 3.6.1.2 as the design and capping of Cell 3 at the Central Waste Facility (CWF).

Environment and Climate Change

1) The NSW EPA Solid Waste guidelines prescribe minimum standards to reflect the following broad goals for landfilling in NSW:

- landfills should be sited, designed, constructed and operated to cause minimum impacts to the environment, human health and amenity;

- the waste mass should be stabilised, the site progressively rehabilitated, and the land returned to productive use as soon as practicable;

- wherever feasible, resources should be extracted from the waste and beneficially reused;

- adequate data and other information should be available about any impacts from the site, and remedial strategies should be put in place when necessary; and

- all stakeholders should have confidence that appropriately qualified and experienced personnel are involved in the planning, design and construction of landfills to high standards.

2) The intention of applying a final cap to landfilled waste it to:

- reduce rainwater infiltration into the waste and thus minimise the generation of leachate;

- stabilise the surface of the completed part of the landfill;

- reduce suspended sediment and contaminated runoff;

- minimise the escape of untreated landfill gas;

- minimise odour emissions, dust, litter, the presence of scavengers and vermin, and the risk of fire; and

- prepare the site for its future use; this includes protecting people, fauna and flora on or near the site from exposure to pollutants still contained in, or escaping from, the landfill.

Economic

Components of the prescribed work, such as earthworks, are of a nature that can be undertaken using local contractors. Similar works have previously been awarded to local contractors, and given the value of the works, this can have a significant positive impact for local businesses. Some specialised work does need to be outsourced to elsewhere within the state.

It is very likely that the current COVID-19 restrictions may have proved prohibitive to market availability, noting that only one submission was received.

Risk

Council is required by the NSW Solid waste Guidelines to install an intermediate cap to landfilled waste within 90 days of the final landfilling stage. With this works now complete, Council can proceed to install a final cap.

The recommendation to not accept any tenders means that the installation of the final cap will be delayed. This delay prolongs the exposure of the existing intermediate cap to prevailing environmental conditions (rain, wind etc.), and therefore requires Council’s landfill operations staff to maintain an ongoing inspection and maintenance program of the intermediate capping layer, to ensure damage is minimised and no landfilled waste is exposed.

Choosing to accept the tender means that Council will not be able to deliver the projected works within the allocated budget.

Social / Cultural

Safe and compliant operation of the CWF, as prescribed by the NSW EPA Solid Waste Guidelines, instils ongoing confidence of the community and surrounding landholders in Council’s ability to maintain a functional and safe landfill facility.

Attachments

1. 2021.10.20 RFT 2122-018 Cell 3 Capping - Confidential Memo (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 20 October 2021

Item 12.1

12.1. Related Party Returns and Annual Disclosures by Councillors and Designated Persons 2020/2021

This report confirms the lodgement of Related Party and Pecuniary Interest Returns by Councillors and Designated Persons for the period 1 July 2020 to 30 June 2021

Director Business & Governance

Officer’s Recommendation

That Council note the report on the lodgement of Related Party Returns and Disclosures by Councillors and Designated Persons Return forms for the period ending 30 June 2021 and the positions required to submit returns for the period ending 30 June 2022.

Executive Summary

Related Party Returns and Annual Disclosure by Councillors and Designated Person Forms are due to be lodged by 30 September each year (within three months of the end of financial year).

Background

The disclosures of interest within this requirement pertain to: Councillors; key management personnel; their close family members; as well as any entity controlled or jointly controlled by any of them. The following persons were required to submit a Related Party Disclosure Form. These forms are provided to Council’s Auditors as part of the annual financial audit process.

Name	Position	Comments
Allen, Tony (Anthony)	Elected Official	Lodged
Bain, Robyn	Elected Official	Lodged
Dodds, Jo	Elected Official	Lodged
Fitzpatrick, Russell	Elected Official	Lodged
Griff, Cathy	Elected Official	Lodged
Nadin, Mitchell	Elected Official	Lodged
Seckold, Elizabeth (Liz)	Elected Official	Lodged
Barnes, Leanne	General Manager	Lodged
McMahon, Anthon	Director	Lodged
Howe, Alice	Director	Lodged
Bolton, Iliada	Director	Lodged
Horsburgh, Chris	Project Lead	Lodged

Disclosures by Councillors and Designated Persons Return

The Local Government Act requires Councillors, the Chief Executive Officer, Directors, and people nominated by the Council as “Designated Persons” to complete Annual Disclosures of Interest Returns. This is also outlined in Council’s Code of Conduct: Part 4.21 – Pecuniary Interest: Disclosure of interests in written returns

Councillors

Councillors are required to lodge Disclosures by Councillors and Designated Persons forms annually and, in relation to business before Council. These requirements are outlined in Council’s Code of Conduct and Local Government Act. Each section of the Return must be answered. Officers from the Office of Local Government may make inspections from time to time.

Amendments to the Act enable Councillor participation in all elements of decision making relating to the exhibition and adoption of the Local Environment Plan (LEP) and Development Control Plan (DCP). The following Councillors, elected in 2016, have lodged both returns for the current return period (FY2021):

· Allen, Tony (Anthony)

· Bain, Robyn

· Dodds, Jo

· Fitzpatrick, Russell

· Griff, Cathy

· McBain, Kristy

· Nadin, Mitchell

· Seckold, Elizabeth (Liz)

· Tapscott, Sharon

Independent Audit, Risk & Improvement Committee (ARIC)

In accordance with the Local Government (General) Regulation 2021, members of Council’s Independent Audit, Risk & Improvement Committee, are required to lodge a Disclosure of Pecuniary Interests. Current members of the Independent Audit Committee have lodged forms.

Other Committee Members

Although the Council has traditionally not “designated” members of its various Community Committees and it is not envisaged that it will, the obligations under the Act still applies to these members. Committee members are required to observe the Pecuniary Interest Provisions of the Act and declare an interest and not vote on matters in which they have a pecuniary interest. They must also leave the room in which the meeting is being held, after declaring an interest. All Council Committees are aware of this provision of the legislation.

Designated staff members

The following list represents the staff roles considered as officers required to submit a Pecuniary Interest Return for the current return period.

· Biosecurity Invasive Species Coordinator

· Certification and Public Health Coordinator

· Chief Executive Officer

· Development Engineer

· Director Assets and Operations

· Director Business & Governance

· Director Community, Environment & Planning

· Environment & Sustainability Coordinator

· Environmental Health & Building Surveyor

· Environmental Management Officer

· Finance Manager

· Graduate Town Planner

· Health & Wellbeing Manager

· Infrastructure & Services Manager

· Manager Parks, Aquatics & Recreation

· Manager Certification & Compliance

· Manager Communications and Events

· Manager Economic Strategy & Projects

· Manager People and Governance

· Manager Planning and Sustainability

· Manager Project Services

· Manager Property Services

· Manager, Community Connections

· Planning Services Coordinator

· Procurement & Contracts Coordinator

· Project Lead Recovery, Reconstruction and Resilience

· Ranger Services Coordinator

· Risk and Internal Audit Coordinator

· Senior Development Engineer

· Senior Development Engineer - Planning

· Senior Environment Health and Building Surveyor

· Senior Town Planner

· Strategic Planner

· Strategic Planning Coordinator

· Technology Services Coordinator

· Town Planner

· Waste Manager

· Water & Sewer Manager

Options

Returns are required to be tabled at the next Council Meeting after 30 September.

Members of the public are entitled to inspect the returns of Councillors, Designated Persons and Delegates, free of charge. The register of Pecuniary Interest Returns by Councillors and Designated Persons returns can be viewed at Council’s administration office, Zingel Place Bega, on request. Councillor and Senior Staff Annual Disclosure Returns are published on Council’s website.

Community and Stakeholder Engagement

Engagement undertaken

No community engagement is required for this process. Councillors and Designated Person are provided with information regarding the requirements for lodgement of returns by Governance staff.

The relevant documents are available to the public on Council’s website.

Engagement planned

Internal Stakeholders will be provided with updated information when returns are due for submission for the 2021/2022 year.

Financial and Resource Considerations

Management of Council’s Related Party Returns and Annual Disclosure Returns Register is included in Council’s adopted budget and forms part of the core services of Council’s Governance team.

Legal /Policy

Council must comply with disclosure requirements under its Code of Conduct and the following legislation and guidelines:

Local Government Act 1993

Local Government (General) Regulation 2021

Australian Accounting Standard AASB124 Related Party Disclosures and the Australian implementation guidance for not-for-profit public sector entities (AASB.124)

Privacy and Personal Information Protection Act [PPIP] (1998)

Government Information Public Access Act [GIPA] (2009).

The Local Government Act requires Councillors, the Chief Executive Officer, Directors and people nominated by the Council as “Designated Persons” to complete Annual Disclosures of Interest Returns. This is outlined in Council’s Code of Conduct: Part 4.21 – Pecuniary Interest: Disclosure of interests in written returns

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 6: Strong and Consultative Leadership

Delivery Program: 6.11.8 - Develop and implement good governance systems:

Environment and Climate Change

There are no direct environment and climate change impacts relating to this report.

Economic

There are no direct economic impacts as a result of the recommendations of this report.

Risk

Reporting publicly about the Related Party and Annual Disclosure Returns lodged by Councillors and staff demonstrates to the community one of the ways local government manages conflicts of interest in decision making. It provides Council’s commitment to compliance with the Code of Conduct, effective and impartial decision making and reduces the perception that Councillors or staff can use their position to obtain a private benefit for themselves or for any other person or body.

It assists Councillors, staff and the community in understanding the processes followed to avoid situations that give rise to the appearance that a person or body could receive favourable treatment from Councillors or Council staff.

Social / Cultural

There are no direct social or cultural impacts related to the recommendations of the report.

Attachments

Nil

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

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

Council	20 October 2021
*Item 9.1 - Attachment 1*	Bega Valley Shire Council Disability Inclusion Action Plan 2021-25

Council	20 October 2021
*Item 9.1 - Attachment 2*	Bega Valley Shire Council Disability Inclusion Action Plan 2021-25 - Easy Read Version

Council	20 October 2021
*Item 9.1 - Attachment 3*	Engagement Report

Tender Evaluation
Criteria	Weighting
Price	60%
Non-Price	40% - as below
Recognition of local outcomes, demonstration of support for local business and community enterprise	5%
Experience completing similar projects	10%
References	5%
Work health and safety, quality and environmental management qualifications and experience	10%
Demonstrated capacity to undertake a project of this scale	10%

Council	20 October 2021
*Item 12.2 - Attachment 1*	Gifts and Benefits Register 01/09/2020 to 31/08/2021

Year	General Purpose	Local Roads	Total
2020-21 final	$5,357,700	$2,032,495	$7,408,195	Change
2021-22 estimate	$5,449,857	$2,160,373	$7,610,230	2.7%

Council	20 October 2021
*Item 13.1 - Attachment 1*	2021-22 Financial Assistance Grants - Advice to Council

Council	20 October 2021
*Item 13.1 - Attachment 2*	Local Government Grants Commission 21-22 Financial Assistance Grants - Appendix A

Council	20 October 2021
*Item 13.1 - Attachment 3*	2021-22 Financial Assistance Grants - Advice to Councils - Appendix B SOP

Council	20 October 2021
*Item 13.1 - Attachment 4*	2021-22 Financial Assistance Grants - Advice to Councils - Appendix C - Guidelines for Special Submission

Council	20 October 2021
*Item 13.1 - Attachment 5*	2021-22 Financial Assistance Grants - Advice to Councils - Appendix D - Framework

Council	20 October 2021
*Item 13.1 - Attachment 6*	Financial Assistance Grants Special Submission 2021-22 Response From Local Government Grants Commission

Funding source		Amount
General Fund Budget \| Audit Services Financial Reports	$	78,520
Budget adjustment	$
Total Budget required	$	78,5220

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

20 October 2021

Staff Reports – Community, Culture and Leisure

20 October 2021

9.1. Outcomes of the Public Exhibition of the Disability Inclusion Action Plan

Officer’s Recommendation

Attachments

Council

20 October 2021

Staff Reports – Infrastructure Waste And Water

20 October 2021

Council

20 October 2021

Staff Reports – Governance And Strategy

20 October 2021

Staff Reports – Finance

20 October 2021

16.1. Cr Cathy Griff - Support for electric vehicles

Notice of Motion

Background

Attachments