Ordinary

          Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on Wednesday, 4 May 2022 commencing at 2:00pm to consider and resolve on the matters set out in the attached Agenda.

 

 

 

To:

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

 

Copy:

Chief Executive Officer, Mr Anthony McMahon

Acting Director, Assets and Operations, Mr Ian Macfarlane

Acting Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Acting Manager Communications and Events, Ms Skye Owen

Minute Secretary, Mrs Jackie Grant

 

 

 

 


Live Streaming of Council Meetings

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Publishing of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting.  A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.

The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the Meeting.

1.     Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.     Background for reports is provided by staff to the Chief Executive Officer for  presentation to Council.

3.     The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.     The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.     The Minutes of each Council meeting are published in draft format, and are confirmed by Councillors, with amendments  if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Council, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

Phone (02 6499 2222) or email execassist@begavalley.nsw.gov.au.

 


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 – conflict 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

4 May 2022

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting and Closed Session held on 20 April 2022 as circulated, be taken as read and confirmed.

3       Declarations

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

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

 

5       Petitions

 

6       Mayoral Minutes

  

7       Urgent Business

 

8       Staff Reports – Community, Environment and Planning

 

9       Staff Reports – Assets and Operations

9.1                RFT 2122-018 Central Waste Facility (CWF) Cell 3 landfill capping works............................. 8

 

10     Staff Reports – Business and Governance

10.1              Review of Council Policies............................................................................................................ 14

10.2              Exhibition of Integrated Planning and Reporting documents................................................ 18

 

11     Councillor Reports

 

12     Rescission/Alteration Motions

 

13     Notices of Motion

 

14     Questions with Notice

 

15     Questions without Notice

 

16     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public Error! Bookmark not defined.

              

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

Statement of Re-Commencement of Live Streaming

17     Noting of Resolutions from Closed Session

18     Declassification of reports considered previously in Closed Session  


Council

4 May 2022

 

 

Staff Reports – Assets and Operations

 

04 May 2022

 

9.1              RFT 2122-018 Central Waste Facility (CWF) Cell 3 landfill capping works............ 8


Council 4 May 2022

Item 9.1

 

9.1RFT 2122-018 Central Waste Facility (CWF) Cell 3 landfill capping works     

This report details the outcome of evaluation of Tender RFT 2122-018 Central Waste Facility Cell 3 landfill capping works and recommends award to the preferred tenderer.

Director Assets and Operations  

Officer’s Recommendation

1.         That Council accept the tender evaluation recommendation as outlined in the Confidential Attachment.

2.        That Council accept the tender from [to be inserted] in relation to contract for the works described in Tender RFT 2122-018, in the amount of $ [to be inserted] (excluding GST), subject to variations and provisional sums as outlined in the confidential attachment.

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

4.       That unsuccessful tenderers be advised of Council’s decision.

 

Executive Summary

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

This report presents the outcome of RFT 2122-018, which involves civil works required for capping of Cell 3 at the CWF and recommends the appointment of the preferred tenderer for the works.

Background

Council’s Central Waste Facility, located on Wanatta Lane at Frogs Hollow, is the shire’s principal landfill site. Engineered to ensure compliance with the NSW EPA Environmental Guidelines for Solid Waste Landfills, the landfill is now operating from Cell 4 – the second to last 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 (VENM). This work was undertaken by Council’s landfill operations staff. Following this immediate capping activity, Council is required to install a final cap and seal over the cell 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 (VENM) and vegetation cover. In preparation for the final capping works, Council completed installation of vertical and lateral methane gas extraction wells into Cell 3 in July 2021.

In August 2021, a tender for the works as described above was released via Vendor Panel, with one submission received. Upon the recommendation of staff, Council resolved to reject the tender, noting the tender price was cost prohibitive as it exceeded the current allocated budget, and that staff re-tender in 6 months when the economic environment may provide a more competitive market.

In December 2021, Council was awarded grant funding under the NSW EPA Bushfire Recovery Program, with a proportion of the funds allocated towards covering the cost of the installation of the Cell 3 final cap. The grant deed has been executed, and the first of four milestone payments already received.

The tender for Cell 3 cap was re-advertised via Vendor Panel, opening on 21 February 2022 and closing on 29 March 2022. A compulsory meeting was held on 9 March 2022 for tenderers to view the site.

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

Nil.

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

Council’s Waste Project Manager is required to notify NSW EPA of the proposed capping works once details are finalised, and the CWF Consultative Committee will be updated on the progress of the works.

A media release will also be prepared as part of the grant funding deed of agreement, with the NSW EPA as the funding body.

Financial and Resource Considerations

The costs for the project were estimated based on the actual costs incurred for cells 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, tender prices exceeded the initial allocated budget.

Item

$ Excl GST

Expenditure Detail

 

Project costs to date

$158,510

Estimated PM and QA costs

$66,080

Estimated contract costs

$900,000

Total Estimated Expenditure

$1,124,590

 

 

Source of Funds

 

Waste Services Fund

 

NSW EPA Bushfire Recovery Program

 

Total income available

Confidential

 

 

Preferred Tender Cost

Confidential

 

 

Total Project Capital Cost

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 CWF.

 Environment and Climate Change

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.

The intention of applying a final cap to landfilled waste is 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.

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.

Council rejected a tender in relation to a contract for the Cell 3 final capping works in October 2021, noting that the tender price exceeded Council’s budget for the project. The tender was rejected on the provision that staff re-advertise the tender in 6 months when the economic environment may provide a more competitive market.

Fortunately, funding to help cover the cost of the final cap has since been awarded to Council by the NSW EPA.

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.            Confidential memo for CWF Cell 3 cap. (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.

 

 

Confidential attachment to Council Report RFT 2122-018 Central Waste Facility (CWF) Cell 3 Capping works (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

4 May 2022

 

 

Staff Reports – Business and Governance

 

04 May 2022

 

10.1            Review of Council Policies................................................................................... 14

10.2            Exhibition of Integrated Planning and Reporting documents............................. 18


Council 4 May 2022

Item 10.1

 

10.1. Review of Council Policies        

This report presents eight Council policies that have been reviewed by relevant council officers in accordance with Section 165 of the Local Government Act 1993.

Director Business & Governance  

Officer’s Recommendation

1.    That Council endorse the following draft policies:

a.    Draft Policy 3.09 Dedication of Public Land

b.    Draft Policy 3.10 Waste Services

c.    Draft Policy 4.04 Companion Animal Management

d.    Draft Policy 4.05 Enforcement and Compliance

e.    Draft Policy 4.06 Cemeteries and Memorials

f.     Draft Policy 4.10 Land Under Council Jurisdiction

g.    Draft Policy 5.01 Asset Management

h.    Draft Policy 5.02 Transport Services

 

2.    That the Policies listed above be exhibited for a minimum period of 28 days and that submissions be received for 42 day.

3.    That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited policy be adopted and published on Council’s website.

 

Executive Summary

The Local Government Act Local Government Act 1993 Section 165 states that Council’s local approvals and orders policies are automatically revoked 12 months after each ordinary election unless adopted after the election.

Councils and county councils should review their existing local approvals and orders policies after the election to ensure they are current and fit for purpose.

If the policies are still required and the council proposes to adopt them with or without amendment, it must first exhibit the draft policy for at least 28 days and invite submissions for a period of at least 42 days (Section 160).

After considering submissions, councils may decide to amend the policy, adopt the policy without amendment or not to adopt the policy.

If the council decides to amend the draft policy, it may publicly exhibit the amended draft local policy or, if the council is of the opinion the amendments are not substantial, it may adopt the amended draft policy without further public exhibition.

Background

Under the Local Government Act 1993, Council policies are required to be reviewed at least every four years and within 12-months of the Local Government Elections.  The previous review was completed in 2017.

The review current review of the policy framework and documents has been delayed since 2020 due to the NSW Local Government Election being pushed back for a 12-month period due to the COVID-19 pandemic and its associated restrictions. 

Subsequently, elections were held on 5 September 2021 and Bega Valley Shire Council’s election declared on 23 December 2021.

Under Section 165 of the Act, Council is now reviewing its policy framework and documents, and is doing so in five batches.  This report is being presented so Council can consider the reviewed documents in the first batch of policies.

The polices presented for review in this report are:

a.    Draft Policy 3.09 Dedication of Public Land

b.    Draft Policy 3.10 Waste Services

c.    Draft Policy 4.04 Companion Animal Management

d.    Draft Policy 4.05 Enforcement and Compliance

e.    Draft Policy 4.06 Cemeteries and Memorials

f.     Draft Policy 4.10 Land Under Council Jurisdiction

g.    Draft Policy 5.01 Asset Management

h.    Draft Policy 5.02 Transport Services

Options

Council has approximately 60 Local Policies.  The 2022 review of Council’s policies will be presented in a series of reports to Council over the next 9 months to allow both Council and the community adequate time to consider each Policy and to make and consider any submissions for final adoption within the 12-month timeframe.

Based on the review of the policy framework and contents of the policy documents, council has the following options:

1.    Adopt the draft policy document with no changes.

2.    Adopt the draft policy document with changes.

3.    Revoke the policy.

Community and Stakeholder Engagement

Engagement undertaken

Relevant Council Officers have been engaged internally as subject matter experts for the purpose of reviewing the content of policies presented within this report. 

Engagement planned

The draft policies presented within this business paper, if endorsed by Council, will be placed on public exhibition for a period of 28-days.  Members of the public will be given the opportunity to make submissions on the draft policies for up to 42 days.

The submissions received will be considered for inclusion in the policy document.  If the submissions received are included in the draft policy, and as a result, cause a significant change in the policy position, a further report will be submitted to Council for consideration prior to the policy being adopted. 

If no submissions are received, the draft policy will be adopted as presented within this report.

Financial and Resource Considerations

Review of Council’s policies is a core function of Council’s Governance Section and administration of the review is within Council’s approved budget for each Directorate.

Legal /Policy

The review of policies presented within this report is consistent with the requirements of Section 165 of the Local Government Act 1993, which states:

165 Amendment and revocation of local policy

(1) A council may amend a local policy adopted under this Part by means only of a local policy so adopted.

(2) An amending local policy may deal with the whole or part of the local policy amended.

(3) A council may at any time revoke a local policy adopted under this Part.

(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.

The review process ensures Council’s policies will be adopted within 12 months of the 2021 Local Government Election.

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of these policies aligns with the following FY2022 Delivery Program and Operational Plan activities:

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

·    6.11.8
Develop and implement good governance systems

·    6.12.3
Review policies and procedures for consideration by new Council

Environment and Climate Change

There are no environmental or climate change considerations related to this report.

Economic

There are economic impacts in the review of these Policies.

Risk

Councils are required to review policies on a regular basis to ensure they are fit for purpose.  This review meets the requirements to ensure Council has complied with the relevant clauses of the Local Government Act 1993

Social / Cultural

Regular review of Council’s Policies and availability of those Policies and associated procedures on Council’s website ensures the community is informed about how Council complies with legislation and its processes for implementing that legislation.

Documents to be Exhibited

To view the documents that will be exhibited use the following links:

·    Draft Policy 3.09 Dedication of Public Land https://begavalley.nsw.gov.au/page.asp?f=RES-HSM-21-15-86

·    Draft Policy 3.10 Waste Services

 https://begavalley.nsw.gov.au/page.asp?f=RES-ICI-52-35-17

·    Draft Policy 4.04 Companion Animal Management https://begavalley.nsw.gov.au/page.asp?f=RES-CPX-20-13-85

·    Draft Policy 4.05 Enforcement and Compliance https://begavalley.nsw.gov.au/page.asp?f=RES-DRV-30-24-85

·    Draft Policy 4.06 Cemeteries and Memorials  https://begavalley.nsw.gov.au/page.asp?f=RES-NKZ-23-07-78

·    Draft Policy 4.10 Land Under Council Jurisdiction https://begavalley.nsw.gov.au/page.asp?f=RES-LPU-03-86-58

·    Draft Policy 5.01 Asset Management 

https://begavalley.nsw.gov.au/page.asp?f=RES-WPZ-26-11-82

·    Draft Policy 5.02 Transport Services 

https://begavalley.nsw.gov.au/page.asp?f=RES-HOG-01-85-66

 

Attachments

Nil

 


Council 4 May 2022

Item 10.2

 

10.2. Exhibition of Integrated Planning and Reporting documents     

This report recommends that the draft Community Strategic Plan 2042, the Draft Delivery Program 2022-25 and Operational Plan 2022-23, the draft Resourcing Strategy 2022-25, along with the draft Fees and Charges 2022-23 are considered by Council and placed on public exhibition.

Chief Executive Officer  

Officer’s Recommendation

1.    That the draft Community Strategic Plan 2042, the draft Delivery Program 2022-25 and Operational Plan 2022-23 including Council’s Budget and Revenue Policy, the draft Resourcing Strategy 2022-25 and the draft Fees and Charges 2022-23 be placed on public exhibition for 28 days.

2.    Following public exhibition, a further report be provided to Council for consideration of submissions and adoption of the Community Strategic Plan 2042, the Delivery Program 2022-25 and Operational Plan 2022-23 and the Resourcing Strategy 2022-25 at the Council meeting on 29 June 2022.

3.    That Council endorse Scenario 2 – Maintain, contained in the Long Term Financial Plan (LTFP) 2023-2032 which currently models a single year special variation increase to rates of 35% permanently applied in the rate base, acknowledging the immediate and significant need Council has to generate additional revenue to cover increasing costs and ongoing asset management needs.

4.    Council note that further work will occur prior to finalising any Special Rate Variation amount or application

5.    That Council delegate to the Chief Executive Officer (CEO) to commence preliminary planning for a special variation application to the Independent Pricing and Regulatory Tribunal (IPART) for the 2023-24 financial year with a report be presented to Council prior to community consultation commencing.

6.    That Council delegate to the CEO the decision to publicly exhibit the draft Water and Sewer Strategy workshopped with Councillors once it is ready for public exhibition.

7.    That a further report be provided to Council for consideration of the submissions and feedback on the draft Water and Sewer Strategy at the Council meeting on 29 June 2022.

 

Executive Summary

Under the NSW Integrated Planning and Reporting (IPR) framework councils are required to prepare an updated Community Strategic Plan, Resourcing Strategy and Delivery Program after the commencement of a newly elected Council.  Each year Council’s are also required to develop an annual Operational Plan and budget, along with the annual Fees and Charges. 

Council’s current Community Strategic Plan – Working towards our Future – was adopted in 2017, along with the 4-year Delivery Program and Resourcing Strategy. These documents have been updated and will be placed on public exhibition for 28 days, from Wednesday 4 May 2022 until close of business on Wednesday 1 June 2022. The IPR suite of documents have been provided to Councillors to review prior to public exhibition and will be available on Council’s website from Wednesday 4 May 2022 post the Council meeting. They are not provided as attachments to this report.

A key element of the IPR suite of documents is the Long Term Financial Plan (LTFP) which provides a 10 year financial outlook. The LTFP acknowledges the immediate and significant need Council has to generate additional revenue to cover increasing costs and ongoing asset management needs. The LTFP contains three scenarios, with two of those outlining the need for a special variation to rates to generate additional income. The LTFP and this report recommends that Council endorse Scenario 2- Maintain which proposes a single year special variation (SV) increase to rates of 35% permanently applied in the rate base.

There is considerable work required to plan for and prepare a special variation application and by endorsing Scenario 2- Maintain and acknowledging the future need for a special variation it will provide direction to staff to commence the planning required to develop the project plan for the SV application and associated community engagement.

This planning work will include developing an updated LTFP and Strategic Asset Management Plan (SAMP) that will include updated asset revaluation data from waste, leisure and recreation, transport, and water and sewer based on asset revaluations currently being undertaken that were not yet finalised in time for inclusion in the SAMP in this draft Resourcing Strategy. It is expected there will be significant adjustments as condition ratings, unit rates, and replacement values are re-baselined.

In addition to the suite of IPR documents, Council is also concurrently considering the draft Water and Sewer Strategy which will guide the future direction of water and sewer services. The draft Water and Sewer Strategy has been workshopped with Councillors and will be placed on public exhibition for 28 days with a subsequent feedback report provided to Council at the 29 June 2022 Council meeting.

Background

The Local Government Act 1993 requires all NSW councils to review and adopt key integrated plans within 12 months following local government elections. Under NSW Integrated Planning and Reporting, councils are required to prepare a Community Strategic Plan, Resourcing Strategy, Delivery Program and Operational Plan.

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The Community Strategic Plan is the highest-level plan that Council prepares and is a whole of community plan, reviewed and developed in partnership with the community. It identifies and articulates the community’s long-term aspirations, priorities and vision.

The Delivery Program details the activities that the Council will deliver over its four-year term (noting this term of Council is shorter given the delay with the Local Government Elections) and the strategies it will implement in consultation with the community and contained in the Community Strategic Plan. The Resourcing Strategy details Council’s approach to long term financial planning, workforce planning, digital investment and asset management. It provides a vital link between the Community Strategic Plan and Delivery Program.

Each year Council undertakes a forward planning and budgeting process which is compiled into the annual Operational Plan. It details the actions to be undertaken during the next financial year and includes the annual budget and revenue policy.

Community Strategic Plan 2042

In 2021, the Canberra Region Joint Organisation (CRJO) and seven member Councils resolved to collaborate to review their current Community Strategic Plans (CSPs) and apply a regional lens to identify the region’s challenges and opportunities. The Regional Community Strategic Plan (RCSP) project was established with an outlook to 2042 and publicly named Towards 2042. The benefits of this joint approach was value for money through joint procurement and the strengthening of regional priorities and strategies via measuring community sentiment through a coordinated engagement approach.

Over 1,900 people from across the Bega Valley Shire participated in the Towards 2042 community engagement from 21 June to 13 August 2021. The community contributed their thoughts and opinions through an online survey, discussion guides, pop-up sessions, drawing sheets and telephone interviews. The engagement summary report will be publicly exhibited alongside the draft Community Strategic Plan 2042.

Whilst Council takes the lead in the preparation and implementation of the Community Strategic Plan, all levels of government, businesses, industry groups, community groups and individuals will contribute to achieving our long-term community goals. From the engagement summary report the draft CSP 2042 was developed. Supporting this document is the CSP 2042 Performance Measures that will also be placed on public exhibition. This document provides more details and baseline data on the performance measures outlined in the CSP 2042.

Resourcing Strategy 2022-25

Council’s Resourcing Strategy supports the Community Strategic Plan 2042. Where the CSP provides a vehicle for expressing long-term community aspirations, the Resourcing Strategy details how Council can help achieve these in terms of time, money, assets and people. The Resourcing Strategy is comprised of the Long Term Financial Plan, Workforce Strategy, Digital Strategy and Strategic Asset Management Plan.

The Long Term Financial Plan (LTFP) contains 3 scenarios and it is recommended that Council endorse Scenario 2- Maintain which proposes a single year special variation (SV) increase to rates of 35% permanently applied in the rate base. The LTFP provides the blueprint for the future delivery of works and services with a background of affordability and long-term financial sustainability. Without an SV, Council is not able to remain financially sustainable. Rising costs exceed our capacity to generate income and meet the needs of our community with service provision and asset maintenance. Increasing our revenue source is required.

In order for Council to achieve the draft 2022-23 budget and meet our IPR requirements, Council must have an adopted LTFP.

Delivery Program 2022-25 and Operational Plan 2022-23

The Delivery Program for this term of Council and the Operational Plan for 2022-23 are presented as a combined document. The Delivery Program details Council’s response and commitment to implementing, within available resources, the long term vision contained in the Community Strategic Plan 2042.

The Operational Plan 2022-23 outlines what Council will do next financial year to meet the needs of the community, within the available funding sources. The Operational Plan is divided into the service areas of Council. Each service area has identified the core business and key improvement projects they will deliver, with the budget and staffing levels they have. The Operational Plan also contains Council’s financial information for 2022-23 including budget, capital program and revenue policy. The capital program totals $81million for 2022-23 with $45 million being funded from grants. Developing the 2022-23 budget has been incredibly challenging given our limited capacity to increase income and the numerous external cost increases we must absorb including fuel, insurance and construction costs.

Council has applied for the one-off Additional Special Variation (1.8%) for the 2022-23 financial year to allow for the percentage increase in rating revenue to be 2.5% (rate peg of 0.7% was advised in December 2021), applied permanently in the rate base as outlined in Council’s adopted Long Term Financial Plan from May 2021. The 2022-23 budget has assumed this 2.5% will be approved by the Independent Pricing and Regulatory Tribunal (IPART).

Fees and Charges

In accordance with Section 608 of the Local Government Act 1993 and other relevant legislation, Council is authorised to charge and recover approved fees and charges for any service it provides. All Council’s fees and charges are reviewed on an annual basis prior to finalisation of Council’s budget and a number of the Council facility management committees have provided their input into draft fees for next financial year. Fees and charges in general (not including statutory fees or fees set by management committees) will be increased generally by Consumer Price Index (CPI).

 

Water and Sewer Strategy

The Water and Sewer Strategy was workshopped with Councillors on the 27 April 2022. In this workshop Councillors were presented with the preferred scenario for both water and sewer funds as well as the outcomes of community engagement undertaken to date. The draft Strategy is being finalised and will be exhibited publicly for 28 days before a further report is provided for consideration of submissions and feedback on at the Council meeting 29 June 2022. This strategy is also the Water and Sewer Asset Management Strategy under the IPR requirements and incorporates long term financial planning that meets both IPR requirements and the Department of Planning and Environment (DPE) financial planning and modelling intentions.

Options

Council has a range of options when considering the recommendations included in this report. Delaying the exhibition of the IPR documents will have future impacts. Council is legislatively required to have its suite of IPR documents adopted by 30 June 2022.

Community and Stakeholder Engagement

Engagement undertaken

Extensive internal engagement has been undertaken in the development of these IPR documents. Councillors and our Audit Risk and Improvement Committee have also been engaged in the development of these documents.

Engagement planned

Council will engage with the community from 4 May 2022 to close of business on Wednesday 1 June 2022 by:

·    Making the IPR suite of documents available for the community to read on Council’s website, in our public libraries and at the customer service counter in Zingel Place, Bega

·    Informing the community about the public exhibition through the media, social media and Council’s newsletters; inviting the community to provide feedback through a Have Your Say page on Council’s website

·    Undertaking a series of community events where Councillors and senior Council staff willbe in attendance to discuss the draft IPR documents- see schedule below

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

·    Notifying and inviting community associations, groups and business chambers to have their say

·    Submissions will be considered by responsible Council officers and we will acknowledge all submissions received. Further, these will be provided to Council prior to any decisions being made about the adopted of the suite of IPR documents

Financial and Resource Considerations

The draft Operational Plan includes a 2022-23 budget summary which provides an overview of the total estimated income and expenditure for each of Council’s General, Waste, Water, and Sewer Funds as well as a breakdown of expenditure by Council service areas.

The focus in developing the LTFP and annual budgets is to ensure long term financial sustainability while ensuring the continued delivery of a broad range of services and capital works informed by Council’s underlying strategies.

It is reiterated that the budget is a forecasting tool and what is presented is based on what is known. As changes are identified, approval to amend the adopted budget is sought from Council each quarter through the Quarterly Budget Review Statement reports.

The key projected financial results for each fund and the consolidated position is shown in the table below (table is subject to rounding):

Legal /Policy

Section 404 of the Local Government Act 1993 requires Council to have a Delivery Program to implement the strategies established in its Community Strategic Plan, within the resources available as identified under the Resourcing Strategy.

Section 405 of the Local Government Act 1993 requires Council to adopt an Operational Plan before the beginning of each financial year which details the activities to be engaged in by the Council during the year as part of the Delivery Program. The Operational Plan must include a statement of the Council’s revenue policy for the year covered by the Plan. The revenue policy must include the statements and particulars required by legislation.

The Office of Local Government’s Integrated Planning and Reporting Guidelines and Handbook are comprehensive tools which have been used in the revision of this suite of IPR documents.

Under the Local Government Act 1993, Council is required to develop and publicly exhibit documents in the Integrated Planning and Reporting Framework for a period of 28 days and consider submissions made prior to adoption.

The Delivery Program and Operational Plan draws on and implements actions contained in adopted Council policy documents.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The documents once exhibited and adopted, will guide the Council’s operations under the Integrated Planning and Reporting Framework.

Environment and Climate Change

Several of the Delivery Program actions and Operational Plan activities listed support the implementation of Council’s adopted Climate Resilience Strategy, amongst other environmental focussed work.

Economic

As one of the Bega Valley Shire’s largest employers and consumers of a range of services, Council has a significant role to play in the local economy. It is acknowledged that adjustments in Council’s annual operating budgets has flow on effects to the local economy and this is considered as part of the budget development process. The budget for next financial year continues to see investment in resources that support our local economy as an employer and service provider and as a procurer of local works and services.

Risk

Council is required to plan for its future and manage its financial stability. Financial stability is defined in terms of Council's ability to facilitate and enhance economic processes, manage risks, and absorb shocks. Moreover, financial stability is considered a continuum: changeable over time and consistent with multiple combinations of the constituent elements of finance. The forward focussed IPR and annual budget development process helps to provide transparency and accountability into the financial management and forward planning of Council.

Social / Cultural

Both the draft LTFP and the Delivery Program and Operational Plan will have future social and cultural implications. The LTFP proposes an SRV to be in place from July 2024 which will impact the community as we plan for rates to increase. Balancing affordability with the ongoing asset renewal and service provision that would be funded by this additional revenue requires extensive community engagement as a key part of the application process to IPART before any increase would be implemented.

The Operational Plan and budget for next financial year will impact staff and the community as we seek to move towards being financially sustainable in the long-term. Impacts of the proposed budget will be monitored throughout the year and any adjustments needed is done through the QBR process.

Attachments

Nil