Agenda of Council - 18 May 2022

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

18 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 held on 4 May 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

8.1 Bega Valley Shire Affordable Housing Strategy.......................................................................... 8

8.2 Draft amendments to requirements for off-street car and bicycle parking in Development Control Plan 2013...................................................................................................................................... 88

8.3 Endorsement of Planning Proposal for increasing housing diversity and associated guidelines in Development Control Plan 2013.............................................................................................. 99

9 Staff Reports – Assets and Operations

9.1 Waste Grants and Education Program Update...................................................................... 152

9.2 Appointment of Volunteer Representatives to Community Sportsground Committees 181

9.3 Bega Valley Local Traffic Committee........................................................................................ 187

9.4 Project Update - Bega and Pambula Sports Building Projects............................................. 218

10 Staff Reports – Business and Governance

10.1 Quarterly Budget Review Statement (QBRS) March 2022 (Q3).......................................... 248

10.2 Certificate of Investment April 2022........................................................................................ 273

10.3 Review of Council Policies - Batch 2......................................................................................... 279

10.4 Actions from resolutions of Council - Progress Report......................................................... 283

11 Councillor Reports

12 Rescission/Alteration Motions

13 Notices of Motion

13.1 Access to Council facilities and services in a pandemic........................................................ 286

14 Questions with Notice

15 Questions without Notice

15.1 Cr Nadin - Update on Bega Valley Regional Gallery.............................................................. 289

15.2 Wandella Trunk Line.................................................................................................................... 291

15.3 Merimbula Airport- All projects update.................................................................................. 294

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........................... 299

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 18 May 2022

Item 8.1

8.1. Bega Valley Shire Affordable Housing Strategy

This report summarises the feedback received during the public exhibition of the draft Affordable Housing Strategy and presents an amended strategy for adoption by Council.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Adopt the Affordable Housing Strategy (Attachment 1)

2. Advise those who made submissions during the public exhibition of Council’s decision

3. Investigate whether it is possible to charge a levy to property owners registered on the NSW Short Term Rental Accommodation register.

Executive Summary

The Bega Valley Shire Affordable Housing Strategy provides a framework to respond to housing need in the Bega Valley Shire to 2040. A draft strategy was placed on public exhibition following a resolution of Council on 3 November 2021. Forty-six submissions were received and public responses were overwhelmingly supportive of the document. Several amendments have been made in response to the feedback received and the amended strategy (Attachment 1) is now recommended for adoption.

Background

Council resolved at its meeting of 4 August 2021 to recognise that Bega Valley Shire is currently experiencing a crisis in housing, which is having profound impacts on people across the housing continuum.

On 3 November 2021 Council resolved to publicly exhibit a draft Bega Valley Shire Affordable Housing Strategy and background papers which include social, demographic and economic analysis underpinning the strategy. Exhibition documentation is available on Council’s website: Affordable Housing Strategy - Bega Valley Shire Council (nsw.gov.au)

The aim of the Strategy is to provide a framework for Council to respond to housing need in the Bega Valley Shire to 2040 by:

· clearly articulating the role of various actors in delivering affordable housing in the Bega Valley Shire and opportunities for collaboration among those actors

• identifying short, medium and long-term strategies for Council and other key actors, to support housing development that is suitable for our growing population, ageing community, and changes in household structure

• identifying key performance indicators to monitor housing affordability and implementation of the strategy

• aligning with Federal and NSW policy, including consideration of proposed changes to housing policy currently underway in NSW.

The exhibited draft strategy identified 21 specific strategies to address the critical shortage of affordable housing in Bega Valley Shire. Following feedback received during public exhibition, a number of amendments were made to the strategy, which are described below.

Options

Options available to Council are to:

1. Adopt the Bega Valley Shire Affordable Housing Strategy provided in Attachment 1. This is the recommended option.

2. Adopt the Bega Valley Shire Affordable Housing Strategy provided in Attachment 1 with some strategies removed for further investigation by staff followed by a report back to Council.

3. Adopt an alternative strategy document to that provided in Attachment 1. Councillors would need to identify alternative wording for that strategy.

4. Not adopt the Bega Valley Shire Affordable Housing Strategy. This is not recommended as Council has committed to develop such a strategy and feedback indicates a high level of support for Council to act within its capacity to address the lack of affordable housing in the shire.

Community and Stakeholder Engagement

Engagement undertaken

The draft strategy was developed with oversight from a Project Reference Group comprised of Councillor Fitzpatrick, Councillor Griff and former Councillor Dodds, representatives from Southern Cross Housing, Social Justice Advocates, Regional NSW and Council staff. Further engagement was undertaken with key representatives of the local affordable housing group, government and non-government housing agencies, real estate agents and the development industry through workshops and engagement pieces.

Councillors have participated in five briefings on the project.

The draft strategy and background papers were placed on public exhibition from 4 November 2021 to 6 February 2022. Over the consultation period feedback was received from the community and other stakeholders, including social and community housing providers. In total 46 submissions were received, including four submissions by Council staff. This feedback was collated, summarised and cross referenced against actions in the draft strategy (Attachment 2).

Submissions ranged from personal accounts to detailed responses on planning matters. Responses demonstrated an overwhelming support for the strategy.

Submissions provide further evidence of the social and economic impact of the lack of affordable and emergency housing. Many of the accounts gave examples of personal experiences of housing insecurity and the impact on older people, families with children, and single parents. Accounts also included small business owners who were unable to secure housing for themselves and/or their staff.

Key themes which emerged from the feedback were:

· a strong sector and community willingness to partner and collaborate in local solutions, recognition that all levels of government have a role to play, and recognition of the complex advocacy efforts required on this issue

· suggestions that priority and incentives be given to development proposals that can demonstrate they can provide a reasonable proportion of genuinely affordable housing including by private and community sector proponents

· calls to improve guidance and support to private developers, community housing providers, not-for-profits and to local philanthropists in affordable housing benchmarks, models, planning and development

· calls for strengthened action to reduce the very high rate of short-term rental accommodation (STRA) in some areas

· support for proposed changes to density, dwelling type, dwelling mix and height controls, and calls for alternative housing options such as housing co-operatives, land trust models and multi-generational housing to be explored and facilitated

· the urgency of action required, including a call for Council to urgently seek alternative housing options for the growing number of homeless and at-risk people in the shire

· support for transparent reporting and accountability, monitoring and measurement of the strategy to ensure it is achieving its objectives

· suggested inclusion of timeframes and refined key performance indicators

· specific challenges faced by Local Aboriginal Land Councils and Aboriginal housing providers in managing and developing new housing stock, and requests for Council to support Aboriginal organisations seeking to progress developments

· potential disincentive of a proposed levy for affordable housing.

Changes to the strategy proposed as a result of the public exhibition process are shown as tracked changes in Attachment 1.

Substantive changes the draft strategy include:

· inclusion of an overview of strategies in terms of their priority and indicative implementation timeframe

· identification of Council resources and partners for implementing the strategy including an Affordable Housing Implementation Group

· more detail on reporting and monitoring of the strategy

· additional strategies for alternative housing options for homeless and at-risk people

· new commentary and strategies to encourage and prioritise affordable housing developments

· new commentary and strategies to address issues associated with short-term rental accommodation (STRA)

· additional strategies for the development of culturally appropriate affordable housing for Aboriginal people

· support for alternative housing options such as housing co-operatives, land trust models and multi-generational housing

· acknowledgement that additional Council-owned sites may become available over the life of the strategy.

Engagement planned

The strategy recommends ongoing engagement with stakeholders including social housing providers, philanthropists and state and federal government agencies and recommends an Affordable Housing Implementation Group be established to monitor and drive outcomes.

Financial and Resource Considerations

Resources to develop the strategy are included in Council’s adopted 2021-2022 Budget and Operational Plan.

Expenditure Detail	$ Excl GST
Development of Strategy (General Fund)	$30,000

The strategy includes a range of recommendations that have potential resource implications for Council, including further amendment of Council’s planning instruments, direct investment to increase the supply of affordable housing stock, collaboration with key stakeholders working in the affordable housing space and advocacy to higher levels of government. The specific resources to deliver planning changes and support Aboriginal housing initiatives are available within Council’s existing staff, as are the resources to coordinate an Implementation Group and monitor progress.

There are limited resources available to deliver other aspects of the strategy which mean some elements would progress relatively slowly, as resources allow. Acceleration of these actions would require dedication of additional staff and capital budget. The resourcing of these activities will be considered against Council’s other priorities and future income streams and incorporated accordingly into the Long Term Financial Plan.

Legal /Policy

Legal and policy options to deliver improved housing outcomes for the shire have been considered in the strategy and background papers. The strategy is consistent with the NSW Government’s recently adopted Housing 2041: NSW Housing Strategy and State Environmental Planning Policy (Housing). It is also consistent with Council’s resolution of 4 August 2021 to recognise that the shire is experiencing a housing crisis and to respond accordingly.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The adopted housing vision for the shire is: Our residential areas provide housing choices for our local community now and into the future. The strategy directly supports implementation of Council’s adopted Community Strategic Plan, Local Strategic Planning Statement, Residential Land Strategy, Rural Residential Strategy and Commercial Land Strategy, which all seek to promote housing diversity and affordability.

Environment and Climate Change

Housing development has the potential to adversely affect the environment. The specific environmental and climate change impacts, and risks from the environment to occupants of residential housing, are considered as part of the development assessment process. The Bega Valley Shire Climate Resilience Strategy 2050 recognises the need for housing stock to be built to withstand the range of natural hazards to which the Bega Valley Shire is exposed.

Economic

The lack of affordable housing in the shire presents a material risk to the labour market, with many employers reporting difficulty in recruiting labour due to the shortage of suitable housing. The measures identified in the strategy seek to provide a material, positive contribution to the housing situation across the shire.

Risk

Several measures proposed in the strategy, such as direct investment in development of affordable housing and capturing some of the value around uplift in value of land, are new activities for Council. Measures to mitigate the risks around these proposed activities will be developed at the detailed planning stage.

Social / Cultural

The background papers provide an analysis of the social impact of the lack of affordable housing in the Bega Valley Shire, and this was reiterated in many of the submissions made during the public exhibition period. Availability of housing for people on low, very low and moderate incomes in the Bega Valley Shire is at a crisis point. The measures proposed in the strategy seek to support an increase in diversity of housing stock to meet the needs of people who live and work here.

Attachments

1 ⇩. Bega Valley Shire Affordable Housing Strategy March 2022 - For Council Determination

2 ⇩. Affordable Housing Strategy Summary of Submissions

Council 18 May 2022

Item 8.2

8.2. Draft amendments to requirements for off-street car and bicycle parking in Development Control Plan 2013

This report seeks Council’s support for the exhibition of proposed amendments to the requirements for off-street car and bicycle parking in Bega Valley Development Control Plan 2013.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Resolve to exhibit the proposed amendments to Chapter 5.9 ‘off-street car and bicycle parking’ of the Bega Valley Development Control Plan 2013 contained in Attachment 1.

2. Consider a further report from staff in relation to feedback received during public exhibition before finalising the draft amendments to the Bega Valley Development Control Plan 2013.

Executive Summary

A number of amendments to the Council requirements for off-street car and bicycle parking in the Bega Valley Development Control Plan 2013 (BVDCP 2013) are proposed to align the controls with recently adopted strategic directions of Council. This report seeks Council’s resolution to endorse the public exhibition of the proposed amendments to the BVDCP 2013.

Background

A number of amendments to the requirements for off-street car and bicycle parking in the Bega Valley Development Control Plan 2013 (BVDCP 2013) are proposed to implement the recommendations of several adopted Council strategies. The proposed changes are aimed at reducing vacancy rates in commercial centres, addressing changes in transportation, and incentivising the development of desirable housing forms in and around town centres.

The draft BVDCP 2013 amendments include changes to Council’s car parking policy to help activate commercial centres and encourage occupancy through car parking concessions for land uses and streamlining approvals for change of use applications, incentivise the provision of more affordable and low-cost housing by reducing car parking requirements for multi-dwelling housing and residential flat buildings in and around the Bega, Eden and Merimbula CBDs and aligning car parking requirements for apartments with car ownership rates and state government recommendations.

The proposed changes are in response to the following strategies:

1) Bega Valley Shire Local Strategic Planning Statement 2040

· Implement improved provisions for off-street car and bicycle parking and electric vehicle charging stations for commercial and residential development

Response:

- Introduce provisions for scooters, e-bikes and electric vehicles in large developments

- Clarify that parking concessions are available for heritage-listed buildings

- Align provisions for boarding houses and group homes in line with state government requirements

- Introduce bicycle parking provisions for schools

- Increase car parking provisions for year 12 students

- Permit a merit assessment for Places of Public Worship

· Desired future character statements for Bega, Eden and Merimbula: enhance night-time activation and temporary uses

Response:

- Include detail that variation requests to car parking requirements will be considered where the land use activates the town centre outside of standard 9am-5pm business hours

2) Bega Valley Shire Commercial Land Strategy 2040

· Amend car and bicycle parking requirements to provide corresponding land uses to the Standard Instrumental definitions

Response:

- Update ‘Table 5.5 Car and Bicycle Parking Requirements’ to ensure land uses listed match new land uses

· Amend the requirements to permit a broader range of land uses that may be available through a change of use where the use has been identified as desirable and is likely to activate the commercial centre

Response:

- Permit a broader range of land uses that may be available through a change of use

- Expand the range of land uses with a standard car parking requirement of 1/25m2 floor area

- Expand the types of existing development that can be deemed to have provided car parking in ‘Table 5.4 Car parking requirements for alterations to existing developments and replacement of existing developments.

3) Draft Bega Valley Shire Affordable Housing Strategy

· Amend parking requirements for Multi dwelling housing, Residential flat buildings and Shop top housing within 600 metres walking distance via a Council road or pathway of B2 zones in the town centres of Bega, Eden and Merimbula to reflect actual car ownership rates

Response:

- Reduce parking requirements in and around the town centres of Bega, Eden and Merimbula to reflect ownership rates, and to provide an incentive for development of one-bedroom apartments

· Provide an incentive for development of one bedroom apartments, that is, to 0.5 spaces for one bedroom apartments, 1 space for two bedroom apartments and 1.5 spaces for three bedroom apartments

Response:

- Reduce parking requirements for all other Multi dwelling housing and Residential flat buildings in line with the NSW Apartment Design Guide

- Clarify parking requirements for dwelling houses and dual occupancies and apply varying standards depending on size

- Remove the requirement for Residential flat buildings that car spaces need to be covered

- Provide opportunities for parking for residential development in commercial centres to be provided off site

- Remove the requirement for boat/trailer parking for Multi dwelling housing and Residential flat buildings

These proposed changes are shown as tracked changes in Attachment 1 to this report.

Options

The proposed changes to the BVDCP 2013 have been developed in response to adopted strategic directions of Council, therefore public exhibition of the proposed amendments to the off-street car parking requirements contained in Attachment 1 to this report is the recommended option. However, Council could resolve not to proceed with the exhibition of all or some of the proposed changes.

Community and Stakeholder Engagement

Engagement undertaken

No community consultation has yet been undertaken for this proposed amendment to BVDCP 2013, however, the documents containing the strategic directions and recommendations that form the basis of the proposed changes have all been previously exhibited and adopted by Council.

Engagement planned

Community engagement will be carried out in accordance with Council’s Community Engagement Strategy and Community Engagement and Communications Toolkit. The project is assessed to be Level 2 - Consult on the IAP2 spectrum.

Council will follow community and agency consultation requirements as per Bega Valley Shire Council Community Engagement Strategy. It is planned to advertise the draft BVDCP 2013 amendment on Council’s website and notify the Development Professionals Group via email.

Following community consultation, a report will be prepared for Council outlining feedback received and any recommended changes in response to submissions prior to resolving whether to proceed with amending BVDCP 2013.

Financial and Resource Considerations

The development of the amendments to BVDCP 2013 and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2021-22 budget.

Legal /Policy

Exhibition of the draft amendment to the BVDCP 2013 is consistent with Council’s obligations under the Environmental Planning and Assessment Regulation 2021.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft amendment to BVDCP 2013 supports the recommendation of the Bega Valley Shire Commercial Land Strategy 2040 to: ‘Introduce flexible on-site car parking requirements for certain commercial uses’.

The draft amendment to BVDCP 2013 is consistent with achieving the following planning priorities and actions of the Bega Valley Shire Local Strategic Planning Statement 2040 relating to:

· Planning Priority Housing – Future Direction: Allow for growth and encourage housing diversity and affordability while enhancing the distinct local character of each place.

· Planning Priority Town Centres – Future Direction: Manage new development to retain and support the commercial hierarchy and encourage blended uses that contribute to a centre as a destination where consistent with the range of goods and services that are suited to the category of the centre.

The draft amendment to BVDCP 2013 is consistent with the following goals of the Bega Valley Shire Community Strategic Plan 2040:

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

· Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.

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

Environment and Climate Change

The proposed changes to BVDCP 2013 will help to address the impacts of climate change by including provisions that encourage cycling and the use of scooters, e-bikes and electric vehicles.

Economic

The proposed changes to BVDCP 2013 will have positive economic impacts for the local community by incentivising the supply of diverse housing types closer to town centres and removing potential impediments to new commercial development.

Risk

The proposed changes to BVDCP 2013 will reduce the risk that desirable residential and commercial development does not proceed in the Bega Valley Shire.

Social / Cultural

The proposed changes to BVDCP 2013 will have positive social impacts for the local community by improving the supply and diversity of housing and encouraging the provision of goods and services in our town centres.

Attachments

1 ⇩. Bega Valley Development Control Plan 2013 Council requirements for off-street car and bicycle parking

Council 18 May 2022

Item 8.3

8.3. Endorsement of Planning Proposal for increasing housing diversity and associated guidelines in Development Control Plan 2013

This report seeks Council’s support for a Planning Proposal and accompanying amendment to Bega Valley Development Control Plan 2013 to improve housing diversity and supply in the Shire.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Resolve to support the Residential Land Strategy: Housing Diversity Planning Proposal (Attachment 1).

2. Authorise Council officers to submit the Planning Proposal and supporting information to the Department of Planning and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3. Resolve to exhibit the proposed amendments to Chapter 3 ‘Residential Development’ of the Development Control Plan 2013 to provide design guidelines that support the changes in the Planning Proposal (Attachment 2).

4. Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process and exhibition of the associated draft amendments to the Bega Valley Development Control Plan 2013.

Executive Summary

A Planning Proposal to amend the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) has been prepared to implement several of the recommendations of the Bega Valley Shire Residential Land Strategy 2040 and the draft Bega Valley Shire Affordable Housing Strategy (draft Affordable Housing Strategy).

A set of design guidelines for inclusion in the Bega Valley Development Control Plan 2013 (BVDCP 2013) has also been prepared to ensure that future development resulting from the Planning Proposal amendment is sympathetic to existing character and protects the amenity of residents. This report seeks Council’s resolution to support the Planning Proposal, submit it to the Minister for Planning for a Gateway Determination and endorse the public exhibition of the accompanying amendment to BVDCP 2013.

Background

In February 2020 Council adopted the Bega Valley Shire Residential Land Strategy 2040 (Residential Strategy). One of the key findings of the Residential Strategy is that there is a need to increase the diversity of housing in all centres, including affordable housing and housing for seniors living. The Residential Strategy addresses the future need for housing and provides direction about how and where residential growth will occur to support the growing population, ageing community and changes in household structure through recommendations for amendments to Council’s planning instruments and policies.

The Residential Strategy informed the development of the Bega Valley Shire Local Strategic Planning Statement 2040 (LSPS) which is the strategic document that guides amendments to BVLEP 2013. Regarding housing, the following three Future Directions from the LSPS underlie the proposed changes that are the subject of this report:

· Increase housing density within established urban areas to minimise additional service provision and expansion of the urban/bushland interface and support the viability and vibrancy of town centres and future public transport provision.

· Allow for growth and encourage housing diversity and affordability while enhancing the distinct local character of each place.

· Encourage residential development in sewered villages to provide more affordable housing options, minimise land use conflict and the support continued viability of villages.

The public exhibition of the draft Affordable Housing Strategy has recently been completed. One of the aims of the draft strategy is to provide a framework for Council to respond to housing need in the Bega Valley Shire to 2040 by identifying short, medium and long-term strategies for Council and other key actors, to support housing development that is suitable for our growing population, ageing community, and changes in household structure. The exhibited draft strategy identified several specific strategies to amend the BVLEP 2013 and BVDCP 2013 to address the critical shortage of affordable housing in Bega Valley Shire.

Attachment 1 to this report contains a Planning Proposal that outlines several amendments to BVLEP 2013 to implement recommendations of the Residential Strategy and draft Affordable Housing Strategy regarding improving housing diversity and supply. These proposed amendments include:

· Enabling the creation of small lots

· Increasing diversity of lot sizes in new subdivisions

· Enabling more subdivision in sewered villages

· Streamlining construction and subdivision of multiple dwellings

· Enabling multi dwelling housing in low density residential areas and villages

· Increase supply of one and two bedroom units

· Increase supply of adaptable housing

· Incentivise small units by reducing open space requirements

Attachment 2 to this report contains draft amendments to BVDCP 2013 to ensure the potential impacts of development that results from the Planning Proposal on character and amenity are mitigated. These proposed amendments include changes to BVDCP 2013 relating to: streetscape, building context and articulation, provision of open space and facilities, accessibility, setbacks, landscaping, amenity and subdivision.

Options

Options available to Council are to:

1. Resolve to support the Planning Proposal and forward it to the Department of Planning and Environment for Gateway Determination. This is the recommended option. Alternatively, Council could resolve not to support all of parts of the planning proposal.

2. Resolve to exhibit the draft amendments to BVDCP 2013 that accompany the changes to BVLEP 2013 concurrently with the Planning Proposal. This is the recommended option. Alternatively, Council could resolve not to support all of some of the recommended changes to BVDCP 2013 and/or exhibit the draft amendments following the exhibition or finalisation of the Planning Proposal.

Community Engagement

Consultation undertaken

The Residential Strategy and draft Affordable Housing Strategy were developed with extensive stakeholder input and have been publicly exhibited.

Consultation planned

Community engagement for the Planning Proposal and draft BVDCP 2013 amendment will be carried out in accordance with Council’s Community Engagement Strategy and Community Engagement and Communications Toolkit. The project is assessed to be Level 2 - Consult on the IAP2 spectrum.

The Gateway Determination will confirm community consultation requirements for the Planning Proposal. It is likely that the Planning Proposal will be exhibited for a period of 28 days. Council officers plan to exhibit the Planning Proposal and draft amendments to BVDCP 2013 concurrently.

Council will engage with the local community and government agencies as per the Gateway Determination and Council’s Community Engagement Strategy. It is planned to advertise the Planning Proposal and draft BVDCP 2013 amendment on Council’s website and through press releases in local newspapers. The Development Professional group will also be notified by email.

Council consideration of input

Following community and agency consultation, a report will be prepared for Council outlining feedback on the Planning Proposal and draft DCP amendment and any recommended changes in response to submissions prior to resolving whether to proceed with amending BVLEP 2013 or BVDCP 2013.

Financial and resource considerations

The processing of the Planning Proposal and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2021-22 budget.

Legal /Policy

This Planning Proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the DPE’s Local Environmental Plan Making Guideline (December 2021).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Planning Proposal is consistent with the Residential Strategy and draft Affordable Housing Strategy, Planning Priorities 10 and 11 of the Bega Valley Shire Local Strategic Planning Statement 2040, Goals 5, 7 and 8 of the Bega Valley Shire Community Strategic Plan 2040 and Directions 24, 25 and 27 of the South East and Tablelands Regional Plan 2036.

Environment and Climate Change

Economic

The lack of affordable housing in the shire presents a material risk to the labour market, with many employers reporting difficulty in recruiting labour due to the shortage of suitable housing. The measures identified in the Planning Proposal seek to provide a material, positive contribution to the housing situation across the shire.

Risk

Implementation of the Planning Proposal will address the risk of existing housing stock not meeting the needs of our population and will enable future residential development while maintaining the existing character of towns and villages.

Social / Cultural

The draft Affordable Housing Strategy outlined the social impact of the lack of affordable housing in the Bega Valley Shire, and availability of housing for people on low, very low and moderate incomes in the Bega Valley Shire is at a crisis point. The measures proposed in the Planning Proposal seek to support an increase in diversity of housing stock to meet the needs of people who live and work here.

Attachments

1 ⇩. Draft Planning Proposal - Housing diversity

2 ⇩. Draft amendment to BVDCP 2013 - Design guidelines for housing diversity

Council 18 May 2022

Item 9.1

9.1. Waste Grants and Education Program Update

An update is provided on Council’s Waste Community Assistance Program (Grants) and Waste Education Program, with a request to continue funding for both activities and the creation of a Behaviour Change Education Officer position.

Director Assets and Operations

Officer’s Recommendation

1. That Council note the attached progress report.

2. That Council continue to allocate funding for the Waste Community Assistance Grants Program and the Bournda Environmental Education Centre ‘Let’s Get it Sorted’ Waste Education Program for a further three years.

3. That Council approve the creation of a Behaviour Change Education Officer position in Waste Services for an initial 3-year fixed term.

Executive Summary

Since 2016, Bega Valley Shire Council have funded the Waste Community Assistance Grants Program, and based on this success, further agreed in 2019 to fund the Waste Education Program, ‘Let’s Get it Sorted’, to be delivered in partnership with Bournda Environmental Education Centre (Bournda EEC). The two programs have proved highly successful in delivering outcomes consistent with the recommendations of Council’s Waste Strategy.

With these programs and the provision of staff resources due to end on 30 June 2022, the following report is presented to detail the outcomes of the Waste Community Assistance Grants Program and Waste Education programs to date, and request continuation of the funding to support these programs for a further 3 year and the creation of a Behaviour Change Education Officer position in Waste Services for an initial 3-year fixed term.

Background

The Waste Community Assistance Grants Program was developed in 2016, to provide a conduit for the community to develop ‘self-efficacy’ in waste management practices. The program supports the community and schools to deliver waste related projects that support the themes of the Bega Valley Shire Council’s Waste Management and Resource Recovery Strategy.

Under the current program, which was agreed in 2019 and is due to end on 30 June 2022, makes funding available across the following categories:

· Category A – Schools Waste Projects (maximum of $2,000 per project)

· Category B – Community Waste Projects (maximum of $5,000 per project)

· Category C – Waste Wise Events Grants (maximum of $5000 per project)

· Category D – Small Waste Grant (maximum of $500)

Being a competitive grant program, applications are evaluated against the following criteria:

· alignment to Council’s strategies;

· community need and benefit;

· planning and development; and

· value for money.

An assessment panel of at least three Council representatives evaluate Category B and C grants, and each year a total of $55,000 is available across the four categories.

To further support state and local waste strategies, Council resolved in March 2019 to fund the ‘Let’s Get it Sorted’ Waste Education Program. The three-year educational program, delivered in partnership with Bournda Environmental Education Centre (Bournda EEC), has allowed for a consistent, targeted, and syllabus-led Waste Education Program called ‘Let’s Get it Sorted’ to be delivered to fifteen schools over three years throughout the Bega Valley. Based on bin audits at the start and end of the program, schools have reduced waste going to landfill between 25% and 90%. Council contributes $33,000 towards this program each year from the Waste Fund.

The accompanying attachment provides an overview of the Community Grants and Waste Education Programs over the last three years. The outcomes described demonstrate that supporting increased knowledge and skills in our community is a valuable, ongoing and essential mechanism to achieve long term waste avoidance and resource recovery.

Both the Community Grants and Waste Education Programs support our community with the tools and assistance to ensure increased resource recovery, while providing a framework to achieve the following six strategic directions:

Strategic directions for waste education
Develop and use consistent messaging	Better coordinate waste education messages and programs in the Bega Valley so they are consistent.
Integrate education	Use education to support waste infrastructure, compliance, and resource reuse and recovery programs, in line with the NSW EPA waste hierarchy.
Build capacity	Give council, businesses, community partners and stakeholders (including neighbouring Councils and State government) the tools and skills to design, run and evaluate effective education programs.
Promote excellence	Identify and promote best practice and innovation.
Provide resources and tools	Improve access to education resources and tools for waste avoidance and resource recovery.
Work with and support stakeholders	Create strong partnerships with and between relevant stakeholders to deliver effective education programs.

The Community Grants and Waste Education Programs are fully funded by Council from the Waste Fund. Refer to the Financial and Resource Considerations component of this report for more specific detail on expenditure.

The Waste Community Assistance Grants Program is administered by an internally funded Grant Admin Officer position, under the guidance of senior Waste staff. Further resources, such as those through Council’s communications team, are also made available to ensure the success of these programs. Although the Waste education program is delivered via Bournda EEC, some Council staff time is also required to help supervise and administer the program.

Further to the ‘Let’s Get it Sorted’ Waste education program with Bournda EEC, which is targeted largely at schools, Council also commits resources to a broader waste education program, concentrating on the 6 strategic directions detailed above. Both internally and externally funded council officers, including those delivering the FOGO for Business project, have delivered this engaging and continuous education program, targeting all levels of the community and across a large variety of platforms, including via print, face to face, as well as online via the Bega Valley Waste APP, Council’s website and the ‘Waste…the Facts’ Facebook page.

Following a three-year commitment by Council, both the Community Grants and Waste Education Programs are due to conclude on 30 June 2022. Furthermore, the grant funded project officers employed under FOGO funding are also due to end on 30 June 2022, leaving a significant resourcing deficit which will result in Council’s waste education programs being curtailed.

Options

Options available to Council include:

1. Endorse the continued support and resources required for the delivery of the Waste Community Assistance Grants Program and the ‘Let’s Get it Sorted’ Waste Education Program from internal Waste funds.

2. Endorse the creation of a Behaviour Change Education Officer for an initial 3-year fixed term.

3. Not continue the Waste Community Assistance Grants Program and the ‘Let’s Get it Sorted’ Waste Education Program and not support the creation of a Behaviour Change Education Officer. This option is not recommended, noting that it is inconsistent with the overall objectives of Council’s Waste Strategy.

Community and Stakeholder Engagement

Engagement undertaken

Council’s Waste Policy Recycling our Future, adopted in 2018, sets the high-level direction that influences the recommendations in this report. The strategy was developed with the assistance of a community working group and was publicly exhibited for community input and feedback prior to adoption.

A key initiative of the strategy was the development of a community waste and education program. The aim of the program outlined in the strategy was “to build awareness … and encourage maximum source separation of waste streams”. Schools were identified as a key target area and it was agreed in the strategy that Council would focus on “Working with Bournda EEC to deliver in-school waste education”.

Both internally and externally funded council officers, including those delivering the FOGO for Business project, have delivered an engaging and continuous education program targeting all levels of the community, across a large variety of platforms, including via print and face to face, as well as online via the Bega Valley Waste APP, Council’s website and the ‘Waste…the Facts’ Facebook page.

Engagement planned

If the recommendation is supported and Council commit to continuing the Community Waste Grants and Waste Education Programs, dedicated resource will be allocated to develop measurable programmes which support the strategic directions for waste education identified earlier in this report.

Financial and Resource Considerations

The Community Grants and Waste Education Programs have been self-funded by Council since their inception. Dividends have been returned to Council through indirect outcomes, including:

· Reduction in contamination across the waste organics, recycling and general waste streams

· Greater diversion of waste from landfill and subsequent savings in landfill airspace

· Improved public relations with the local and regional community - building social capital within with community for mutual benefit

· Building long term trust with community groups through events and programs

· Improved awareness across the community to waste avoidance and diversion

· Demonstrated capacity to deliver on strategic outcomes with stakeholders, including with the NSW EPA.

In February 2021, Council made a further commitment to achieving the objectives of the Waste Strategy by endorsing a 30-year financial model for waste reduction and diversion, which included a funding model factoring in continuation of both the Waste Community Assistance Program and Waste Education Program.

If Council endorse the recommendations, it will commit Council to an approximate expenditure of $620,524 ($206,841 annually over 3 years), allocated from the Waste Fund.

Council’s grants administration officer will administer the Waste Community Assistance Programs, including funding deeds, review of grant applications and acquittals. Meanwhile, a Behaviour Change Education Officer would act as the subject matter expert for waste education, facilitating education, promotion, and awareness campaigns across Councils existing media platforms, while also overseeing and provide input to projects and activities funded by the Waste Community Assistance Program.

Item	$ Excl GST
Expenditure Detail
‘Let’s Get it Sorted’ education program with Bournda EEC – 3 years	$100,000.00
Waste Community Assistance Program (excluding in-kind requirement of 50%) – 3 years	$165,000.00
Behaviour Change Education Officer (Grade 10) – 3-year contract (including on-costs)	$268,659.00
Internal Grants Admin Officer (0.1FTE) – 3-year commitment including on-costs	$26,865.00
Materials (assuming $20,000 p.a.)	$60,000.00
Total Expenditure	$620,524 ($206,841 annually over 3 years)

Source of Funds
Waste Services Fund via a combination of a levy on all material to landfill (Waste Management Charge) and revenue collected on behalf of Council via annual rates (Bin Charges). Behaviour Change Education Officer wages also allocated to funded projects where budget is available.	$620,524.00

Total income available	$620,524.00

Total Project Capital Cost	n/a
Total Available Construction Funding	n/a
Project Funding Shortfall	*$nil*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
User charges (annual income)

Legal /Policy

Council operates and controls waste management activities within a framework of Commonwealth, State and Local Government policy and legislation. Waste and recycling depots are regulated by the NSW EPA under the Protection of the Environment Operations Act 1997, with environment protection licences (EPLs) in pace for many sites including the Central waste facility.

Staff are committed to ensuring that Council stand by its commitment under development consent 2009.0563 for the Central Waste Facility, which requires Council to “prepare and implement a detailed community education program to promote better resource recovery”.

Impacts on Strategic/Operational/Asset Management P

Strategic Alignment

Council’s waste education programs have been developed to align with Council’s Waste Management and Resource Recovery Strategy 2018-2028, Recycling the Future, by addressing the following outcomes:

· Encourage and foster sustainable waste management behaviour amongst the school community

· Promote the reduce, reuse, and recycle message

· Increase community awareness of BVSC’s waste facilities and their role

· Support waste strategies undertaken by Council

· Support innovative waste management projects

The Councils Community Grants and Waste Education program has been developed to support connections between the council schools, community groups, and not-for-profits to work together to achieve our communities’ goals for sustainable living as recognised by the Bega Valley Shire Community Strategic Plan 2040.

Reducing waste to landfill has implications and alliances across the seven key response areas identified within the Bega Valley Shire Climate Resilience Strategy. Minimisation of waste to landfill and resource recovery reduces reliance and maximises use of finite natural resources and the energy and system impacts of extracting those resources; it reduces climate impacting methane emissions, has energy production potential in the right environment, and supports food security and nutrient recycling.

Waste education is a consistent action recognised by the 2018 National Waste Policy, the Waste Policy National Action Plan 2019, the NSW Waste and Sustainable Materials Strategy 2041 and the Canberra Region Joint Organisation (CRJO) Regional Waste Strategy 2018–2023.

Environment and Climate Change

Recycling is a well-established national practice, with known positive impacts on the environment through the recovery of resources and a reduction in waste to landfill. As the next step to waste management, the Commonwealth Government has established waste diversion targets, to further strengthen a commitment to a waste-less society. Reuse is now highest on the waste agenda, underpinning a circular economy, and building community resilience through local employment opportunities and value-adding to marketable commodities at a local level. As opposed to landfilling, investing in waste reuse and diversion infrastructure at a local level allows Council to minimise reliance on long-haul waste transport, thereby establishing a lighter footprint and supporting Council’s commitments under the adopted Clean Energy Plan 2019-2030. Waste education is part of a movement towards sustainability and building a circular economy that supports waste reuse, recycling, and diversion.

Economic

Education and promotion of waste reuse, recycling and diversion supports Council in contributing towards creating a local circular economy and helping drive employment, with long-term economic, social, and environmental benefits.

Risk

Outline outcome of Risk Assessment / how will this action mitigate identified risks.

A key driver to help preserve landfill space and promote greater recovery and diversion of waste is Council’s ability to deliver a robust education and behaviour change program. A consistent focus on waste education helps ensure the community remain understanding of Council’s commitment to investment in waste infrastructure, and to ensure ongoing support for the recommendations proposed by the strategy, particularly for those impacted by the development of the CWF and those that currently access transfer stations intended for closure.

A failure to invest in waste education reduces Council’s ability to meet maintain momentum on targets identified in the waste strategy, leading to a continued increase in landfilling and the current approved capacity being reached at the CWF earlier than forecast, as well as any future landfilling capacity filling quicker than expected.

As a consequence of the above there is a risk the community may run out of landfill options with either no landfill or potential major costs increases to fund a new landfill.

Social / Cultural

People are influenced by cultural and social practices, the media, ads, product choices and physical infrastructure. Education shapes these sources of influence, so people adopt behaviours that reduce their environmental impact.

Council’s waste education programs aim to shift the behaviour of the community to reduce the environmental impact of waste and use resources more efficiently. Education is targeted at:

· Helping people use new resource recovery infrastructure

· Encouraging the adoption of positive waste behaviours

· Increasing knowledge and skills.

Sponsoring events such as Cobargo Folk Festival or the Eden Whale Festival enables Council to foster collaborative partnerships, supporting the bringing and sharing of skills, whilst working together for a shared vision.

Attachments

1 ⇩. Waste Grants & Education Program Progress Report

Council 18 May 2022

Item 9.2

9.2. Appointment of Volunteer Representatives to Community Sportsground Committees

This report outlines the nominations for the Sportsground Site Committees in line with adopted guidelines and seeks Council’s approval to appoint community members to the Sportsgrounds Site Committees.

Director Assets and Operations

Officer’s Recommendation

That Council endorse the volunteers to the nominated committees in the attached list and make minor amendments to the recently endorsed Section 355 General Sportsground Committee Guidelines 2022 to 2025, as recommended in the report.

Executive Summary

Sportsgrounds are highly valued by the Bega Valley Shire community with many residents participating as a player, administrator, or spectator.

An active lifestyle and involvement in sport and recreational activities provides physical and social health benefits. Individual and team sports promote social cohesion, networking, development of friendships and can improve social skills.

Council operates a two-level structure of committees to assist in the management of sporting facilities across the shire:

· S355 General Sportsground Committee: Providing consideration, feedback and advice on matters that relate Shire wide management and coordination of facilities.

· Community Sportsground Committees: Providing consideration, feedback and advice on matters that are site specific to that committee.

There are currently 14 sportsground sites either owned or managed by Council across the Shire, with volunteer committees in place at most sites and working in partnership with Council. Council has established committees to support its decision making and has advertised for volunteers to participate in these committees.

This report seeks to appoint 46 volunteers comprising of representatives from the site user groups to the Sportsground Site Committees at 11 sites across the Shire these being:

· Bega – Bega Sporting Complex & Valley Fields

· Bermagui – Dickinson Oval

· Bemboka – Columbo Park

· Candelo – John Gordon Recreation Reserve

· Eden – Barclay Street Sports Complex

· Eden – George Brown Memorial Oval

· Merimbula – Berrambool Sporting Complex

· Merimbula – Ford Park Courts

· Pambula – Pambula Sporting Complex

· Tathra – Lawrence Park

· Wolumla – Wolumla Recreation Ground

Bermagui Indoor Stadium has historically been managed by an independent committee. Staff have requested user group representatives be supplied by June 2022 to enable the committee structure to be formalised.

There are not currently multiple organised sports groups at Towamba and Wyndham. Council liaises with local community groups in management of those sites.

Background

The current BVSC Sportsgrounds management structure was established in 2016. The S355 General Sportsground Committee considers matters that relate to sportsgrounds management and use across the Shire. Roles and responsibilities include:

· Making recommendations to Council on any aspect of sportsground management and/or sportsground operations

· Making recommendations to Council on appropriate fees and charges structures for sportsgrounds

· Advising Council of the membership of individual sportsground community committees

· Recommend financial allocations for individual sportsgrounds from Council funds and/or funds from other sources

· Establishment of working groups or special task groups where required and report back to the committee.

Community Sportsground Committees are more directly involved in the management of individual sites. Each site is different in terms of facilities, use and committee make up. Committee roles, responsibilities include:

· Making recommendations to Council sportsground management and/or sportsground operations at the site

· The assistance with management of bookings for the broader community’s use of the facility

· Establishing working groups or special task groups where required

· Providing input into the development of site Facility Management Plans

· Undertake agreed tasks in the sites Facility Management Plans

· Exercise financial delegation for incidental purchases up to $100.00

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

Based on the recommendations in this report to consider changes to the committee guidelines, it would mean that there are number of sites where a committee would not currently be able to form to meet the updated requirements of the guidelines.

The sites where this is an issue are:

· Bermagui – Dickinson Oval

· Bemboka – Columbo Park

· Merimbula – Ford Park Courts

· Tathra – Lawrence Park

· Wolumla – Wolumla Recreation Ground

It is proposed that staff work with each of the user groups at these sites to bring forward further nominations to allow site committees to form with a minimum of three members which. Each of the siters currently have less than three nominations.

Options

Council has the following options:

1. Appoint the volunteers to the nominated committees and make minor amendments to the recently endorsed Section 355 General Sportsground Committee Guidelines 2022 to 2025, as recommended in the report.

2. Not appoint the listed volunteers to nominated committees; and in not establish Community Sportsground Committees.

3. Identify an alternative means and structure for sportsgrounds management.

Community and Stakeholder Engagement

Nominations for Council’s committees were sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. The opportunity to participate in the committee was advertised via local newspapers, Council’s website, Council News, Facebook page and email.

Nominations were reviewed in accordance with the criteria outlined in the guidelines for each committee. All nominees met the relevant criteria.

Engagement undertaken

Following the initial notification period there were insufficient nominations to fill all positions on the Sportsground Site Committees. Staff extended the nomination period and sent reminders to local sports clubs and site user group contacts. Staff will continue to work with user groups to fill these vacancies. Any future nominations received will be reported to Council for endorsement.

Should any of these committees seek to recruit members to fill casual vacancies, they will be advertised in accordance with the requirements of Council’s Community Engagement Strategy.

Engagement planned

Further nominations to be sought and excepted (in accordance with criteria) as site committee meetings commence and induction of site committee volunteers by Council is undertaken. Additional nominations received will be reported for Council consideration as they are received.

Financial and Resource Considerations

The cost associated with establishing the committees, through media advertisements, has been met within existing budgets. Legal /Policy

The Local Government Act 1993 provides for the establishment of advisory committees to support Council decision-making.

Section 355 General Sportsground Committee Guidelines

Following the response to the request for committee nominations it is noted that some sites do not meet the minimum requirements (five members) of the recently endorsed (11 January 2022) Section 355 General Sportsground Committee Guidelines 2022 to 2025. Staff will continue to work with user groups to fill vacancies. To enable Community Sportsground Committees to operate it is recommended that the recently endorsed Section 355 General Sportsground Committee Guidelines be amended to include and reflect:

· The Community Sportsground Committee sites identified in this report

· Minimum requirement of three (3) persons to form a community sportsground committee

· A quorum of a Community Sportsground Committee meeting shall be ALL members if there are fewer than five Council endorsed committee members and a majority of members of the Committee. (The majority is taken to be one half of the number of the committee members rounded up to the next number.)

· Community Sportsground Committees will appoint a Chairperson and a S355 General Sports Committee representative at a minimum; and other typical executive positions relevant for the committee to operate

· Minutes of Community Sportsground Committee meetings are to be provided to Council

· Where there are not enough nominations for a Community Sportsground Committee to form (fewer than three) the nominees received be endorsed as the principle BVSC points of contact for that site

· Additional nominations for Community Sportsground Committees will be reported for Council consideration as they are received.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community representation on Council’s committees supports the following elements of the Bega Valley Community Strategic Plan:

OUTCOME 1: Active and Health Communities

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

1.2.3- Maintain recreation facilities, boating infrastructure, public toilets and sporting grounds and facilities and natural assets with community committees and groups

OUTCOME 6. Strong, Consultative Leadership

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

6.11.1 Improve communication about Council activities, decisions, and achievements

Environment and Climate Change

There are no direct environment or climate change implications associated with the recommendation of this report.

Economic

There are no direct economic implications associated with the recommendation of this report.

Risk

The appointment of members to the advisory committees of Council is part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

Forming of site committees seeks to provide a mechanism for interested community members to play an active role in management of facilities a local level. Committees of Council are an instrument for facilitating open and transparent discussion about decisions proposed and made by Council.

Attachments

1 ⇩. Sportsground Volunteer Site Committee Nominations

Council 18 May 2022

Item 9.3

9.3. Bega Valley Local Traffic Committee

This report recommends that Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 13 April 2022.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 13 April 2022 and tabled at the 18 May 2022 Council meeting.

1. Merimbula Jazz Festival – Street Parade – 11 June 2022

a. That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10.00am and 12.00pm on Saturday, 11 June 2022 for the Merimbula Jazz Festival Street Parade.

b. That, subject to conditions, Market Street (from Monaro Street), Beach Street to Alice Street be temporarily closed between 6am and 12pm on Saturday, 11 June 2022 for the Merimbula Jazz Festival Street Parade and Performance.

c. That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street (from Monaro Street), Beach Street to Alice Street, Merimbula for the Merimbula Jazz Festival Street Parade and performance on Saturday, 11 June 2022, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

d. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW accreditation.

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

f. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and TfNSW by name for the event.

g. That organisers have written NSW Police approval prior to conducting the event.

h. That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

i. That after the event, organisers are to clean up any rubbish or waste left behind.

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

2. Merimbula Jazz Festival – StreetFest – 11 June 2022

a. That, subject to conditions, a section of Market Street between the intersection of Merimbula Drive, Monaro Street and Beach Street, Merimbula be temporarily closed between 10.00am and 8.00pm on Saturday, 11 June 2022 for the Merimbula Jazz Festival “StreetFest”.

b. That the proposed traffic arrangements involving the temporary closure of Market Street, Merimbula between the intersections of Merimbula Drive, Monaro Street and Beach Street for the Merimbula Jazz Festival “StreetFest” on Saturday, 11 June 2022, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

c. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW accreditation.

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

e. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and TfNSW by name for the event.

f. That organisers have written NSW Police approval prior to conducting the event.

g. That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

h. That after the event, organisers are to clean up any rubbish or waste left behind.

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

3. Merimbula Jazz Festival – Lakeside Lantern Walk – 11 June 2022

a. As the proposed Lakeside Lantern Walk will utilise the existing footpath network, there is no formal approval required

Refer attachment: Merimbula Jazz Festival 2022

4. Barclay Street Sportsground – Revised Driveway entrance and carpark. Installation of accessible parking at Eden Sports Ground Barclay Street

a. That Council approves the installation of four accessible car spaces and shared zone in the Eden Sports Ground Barclay Street in the locations as indicated on the draft concept plan

Refer attachment: Eden Sports Ground Design

Executive Summary

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

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

Background

Merimbula Jazz Festival 11 June 2022

A submission has been received for the 2022 Merimbula Jazz Festival which is proposed to include:

· The Jazz Festival Street Parade;

· The Jazz Festival “StreetFest”; and

· The Jazz Festival “Lakeside Lantern Walk”

which will all be held on the long weekend 10-13 June 2022.

The three events are proposed to be dealt with separately.

Merimbula Jazz Festival – Street Parade

On Saturday 11 June 2022, participants will assemble within the road carriageway and opposite the Caltex Service Station in Merimbula Drive, Merimbula from 10am. The parade will commence at 10.30am, within the closed sections of Merimbula Drive, Market Street and Beach Street finishing within a closed section of Beach Street opposite Alice Street. A short recital on an elevated stage in the carpark opposite Alice Street will then conclude the parade.

The parade will include the Sapphire Coast Historic Vehicle Club, inviting the Mayor to ride up front in a vintage 1926 Fire Engine, to lead the Parade.

Beach Street will remain closed between Market Street (from Monaro Street) and Alice Street intersections until 8pm for performances on a temporary stage in the Beach Street carpark. It is proposed that the Beach Street carpark will be closed from 6am on the day, to discourage vehicles from parking in the area.

Merimbula Jazz Festival – StreetFest

On Saturday 11 June 2022, it is proposed to close of a section of Market Street between the intersection of Merimbula Drive, Monaro Street and Beach Street. This proposed area will include the pedestrian signals. Following the music recital, the section of Market Street between Merimbula Drive, Monaro Street and Beach Street is proposed to remain closed until 8.00pm to facilitate the Jazz Festival “StreetFest” which will showcase buskers, bands, street stalls and other festival related activities.

Merimbula Jazz Festival – Lakeside Lantern Walk

It is proposed that on the 11 June a parade for local pre-school and primary school children carrying homemade lanterns will proceed along the footpath from Spencer Park and finishing at the intersection of Market and Beach Street. The children will be under the control of teachers, parents and other responsible adults.

Barclay Street Sportsground – Revised Driveway entrance and carpark. Installation of accessible parking at Eden Sports Ground Barclay Street

The Local Traffic Committee have received a request from Councils Coordinator, Recreation and Natural Assets, for the installation of four accessible car spaces and shared zones as part of the proposed upgrade works to the Eden Sports Ground Barclay Street redevelopment, refer to attachment (sheets 48, 49 & 50).

Options

That that Council endorse the Officer recommendations in full.

Community and Stakeholder Engagement

Engagement undertaken

There has been no specific community and stakeholder engagement associated with this report however detailed engagement with community was undertaken to develop the Barclay Street Master Plan including briefings with the Access and Inclusion Advisory Committee.

Engagement planned

No further engagement is planned.

Financial and Resource Considerations

There are no Financial and Resource considerations associated with this report.

Legal /Policy

There are no Legal/Policy implications associated with this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Accessible Parking at Barclay Street aligns with the adopted aims and objectives of the BVSC Disability and Inclusion Action Plan (DIAP)

Environment and Climate Change

There are no Environment and Climate Change implications associated with this report.

Economic

There are no Economic implications associated with this report.

Risk

There are no risks associated with this report.

Social / Cultural

There are no Social/Cultural implications associated with this report.

Attachments

1 ⇩. Merimbula Jazz Festival 2022

2 ⇩. Eden Sports Ground Design

Council 18 May 2022

Item 9.4

9.4. Project Update - Bega and Pambula Sports Building Projects

The report provides an overview of funding challenges related to the Bega and Pambula Sports Building projects and makes a recommendation for Council’s consideration.

Director Assets and Operations

Officer’s Recommendation

1. That Council continue to advocate for funding and make funding applications to both the State and Federal Governments to fund the full cost requirements of the Bega and Pambula Sporting complexes.

2. That Council submit a variation request to rescope the current Office of Sport funding agreements to enable Bega Sportsground to move to delivery and for further funding applications to be submitted for the Pambula Sports Building project.

3. Sporting clubs and user groups be encouraged to submit funding applications for various elements within the projects of particular interest to their use and operations.

4. Council reinforce its commitment to ensure delivery of both projects

Executive Summary

Council has been working on major projects to renew and upgrade sporting facilities at Bega and Pambula Sporting Complexes. The Bega project includes renewal and upgrades to the indoor stadium and facilities servicing the sports ovals. The Pambula project replaces three aging and non-compliant buildings with a single multiuse pavilion building. The projects are key elements within the sporting Complex masterplans endorsed by Council in 2016.

Councillors received an update on the Bega Sports Building project by memo from the Acting Director Assets and Operations on 25 January 2022. The crux of the memo was the pre-DA costing for the Bega project was significantly above the project budget. The primary cause being high levels of construction industry escalation since the initial master planning was endorsed and particularly since funding was announced in February 2019, causing a funding shortfall to deliver both the Bega and Pambula Sports building projects. The memo also provided an overview of challenges experienced since 2019 which have contributed to the projects progressing slower than initially programmed.

A workshop was held with Councillors on 16 February 2022 to discuss the funding shortfall, implications, and options to move forward.

Since the Councillor workshop staff have had meetings with both the Bega and Pambula Project Control Groups (PCG’s) and representatives from the NSW Office of Sport. The Mayor and Chief Executive Officer have continued to advocate for the projects with both the State and Federal governments including meeting with and writing to the NSW Minister for Sport.

This report provides information on advocacy and meetings with the Project Control Groups for each project and recommended actions to move forward with the projects.

Background

Bega Valley Shire Council (BVSC) developed and adopted Master Plans for Bega and Pambula Sporting Complex 2016. The Master Plans identified a need for regional sporting facilities at Bega and Pambula to plan to replace aging assets, cover provision gaps to meet current user’s needs (particularly in terms of sports building facilities such as adaptable and female friendly change rooms and kiosk facilities) and meet current building and safety standards. Substantial elements in both the Bega and Pambula Masterplans were major upgrades to the pavilion building at Pambula and the combined sports pavilion and indoor stadium building at Bega.

BVSC first completed an Expression of Interest for funding application through the NSW Regional Sports Infrastructure fund in November 2017. Council was invited to develop detailed business cases for the projects however that application was unsuccessful. In February 2019 funding for the projects was announced by the former Member for Bega, this being Bega Sports Hub $8.5m, Pambula Sports Hub $4m, and Merimbula Courts $1m, giving a total of $13.5m.

In late 2019 Council was again approached by the NSW Office of Sport to develop project briefs, which in turn developed into funding deeds which were finalised in April (Bega) & May (Pambula) 2020. BVSC is very appreciative of the NSW Office of Sport providing their significant support to the projects and being the primary funding partner. This has provided the basis for project development. The Merimbula Courts project is completed.

The 16 February 2022 Councillor workshop discussed funding challenges of the Bega project in particular. A key part of that discussion was working through a major design and scope review that had occurred to look at options to reduce the cost of the Bega project. The design review was able to achieve significant floor space reductions while retaining necessary facilities and functional areas (female friendly change rooms servicing ovals, umpires, medical, kiosks etc). The outcome of the design review was the construction cost estimate for the project reduced by approx. $1.4m. However, the total project estimate was approx. $3m over the available $8.5m budget for the project.

It is also currently expected that there will be a funding shortfall for the Pambula project if all civil and ancillary works originally included in the scope are to be funded. Current estimates are in the order of $1.5m.

It was noted at the time of the workshop development approval for the Pambula project had been finalised and the detail design work for tender issue documents was well progressed and soon to be complete. It was noted the Pambula project was a good example of a ‘shovel ready’ project that aligned well with sporting facilities funding programs, particularly in terms of multi-sport / community facilities, female friendly changeroom facilities and the project being ‘shovel ready’.

Tendering and procurement for the projects was also discussed at the workshop. It was noted that Council was unable to tender for projects if it was known (expected) that the allocated budget for the works was likely to be insufficient for there to be an option for the project to progress.

The outcomes of the Councillor workshop were that:

· Council was committed to delivering both Bega and Pambula Sports Building projects.

· It will be important to advocate for additional funding and consider options to give the best chance to align projects with grant funding opportunities.

· There was general support for the reduced footprint concept with a meeting to be held with the Project Control Group (PCG) to discuss the revised design.

A key aspect of the development of the Bega and Pambula Sporting Complex Master Plans was that they were to be done at the same time. This was so the differences between the sites could be seen as an advantage and their potential roles and uses could complement each other. The dual master plan approach adds value to the sites, the local surrounds and together they create a ‘hub’ of facilities in the Bega Valley that cover a very broad range of uses, sporting codes and community events. The combined facilities will service many users across the broader region and bring increased local and regional participation in sports and recreational activities. This multi-use approach has been an important part grant funding submissions, promoting the projects, and sourcing the funding. The current funding deeds for both projects reference the other.

Options

The options available to Council are influenced by funding programs eligibility and typical assessment criteria. It is noted the shovel ready nature of the Pambula and its multi-sport / community use will see it align well with the assessment criteria of funding programs.

Options available to Council are:

· Submit a variation request to rescope the current Office of Sport funding agreements to enable Bega Sportsground to move to delivery and for further funding applications to be submitted for the Pambula Sports Building project.

· Proceed with tendering and construction of the Pambula Sports Building project and continue to advocate for the shortfall in funding for the Bega Sports Building project noting this would risk loss of a large portion of the existing overall grant allocation.

Community and Stakeholder Engagement

Engagement undertaken

Council staff have facilitated meetings with both the Bega Sports Building and Pambula Sports Building PCG’s since the Councillor workshop to provide an update on the funding challenges and reiterate that Council was continuing efforts to source additional funding.

Staff have meet with NSW Office of Sport (OOS) staff to provide an update to them, discuss the current funding deeds and discuss possible options to move forward. Advice from the OOS was is that currently both projects would be ineligible for additional funding through the OOS programs because the works are already within scope of the existing funding deeds. To become eligible for future OOS funding a variation to the current funding deeds would be required so that future applications would be for projects items not included within OOS funding deeds.

The Mayor and CEO have been advocating for the projects since early January 2022 through both state and federal governments. Staff have submitted funding applications through the federal Building Better Regions fund. Copies of these submission have been provided to local Federal Election candidates of the two major parties.

A response has been received from the NSW Minister for Sport Stuart Ayres MP advising of the need to rescope the project for there to be the option of eligibility under upcoming OOS funding programs.

Engagement planned

Engagement will continue with the PCG’s, funding partners and State and Federal government agencies to provide project updates and to continue to investigate funding options and advocate for funding.

Financial and Resource Considerations

All funding for the projects has been provided through the NSW Office of Sport Election commitments program. Funding amounts were based on initial funding applications made in 2017. Funding for the projects was announced in February 2019. Funding deeds for the projects were finalised in April and May of 2020. It should be noted that 100% external funding is unusual, and the Council is very appreciative to the NSW Office of Sport for their support toward the projects.

In finalising development application documents for the Bega Project in December it 2021 it became evident the cost of the project was estimated to be $3m over the allocated budget for the project.

Item	$ Excl GST
Expenditure Detail
Bega Sporting Building	$11.5m
Pambula Sports Building	$5.5m

Total Expenditure	$17m

Source of Funds
NSW Office of Sport – Bega	$8.5m
NSW Office of Sport – Pambula	$4m
<reserve funds\|name of reserve
Total income available	$12.5m

Total Project Capital Cost
Total Available Construction Funding
Project Funding Shortfall	*$4.5m*

It is common for grant programs to require project contributions from the applicant. If Council is to make further applications through the NSW Office of Sport, it is likely Council will need to contribute 50% of the grant amount requested. (e.g., Grant requested $3m + applicant contribution $1.5m = $4.5m). Future BVSC contributions could be funded through S94 contributions; and/or the Recreation SRV; and/or future borrowing programs. BVSC funding contributions if necessary, will be reported in future budget cycle reports.

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Capital Investment | Renewal, Upgrade, New

$17m

Annual maintenance and operational costs

$216k

Depreciation costs

Building item	Useful Life	Build %
Structure	100	40
Fabric	60	25
Fit-out	30	25
Services / Mechanical	30	10
Total		100

$337k

User charges (annual income)

$206k

Legal /Policy

There has been no change to legal / policy matters since the Bega and Pambula projects were last reported to Council on 16 June 2021 and 21 April 2021 respectively.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Both the projects are included in the 2021/22 BVSC Operational Plan.

Delivery Program: 1.2.4- Construct recreation facilities, boating infrastructure, public toilets and sporting grounds and facilities

1.2.4.4 Progress detailed planning, tendering and construction of the Bega Sporting Complex Project

1.2.4.5 Progress detailed planning, tendering and construction of the Pambula Sporting Complex Project

Asset Management

Bega Valley Shire Council is committed to an asset management approach. The challenge in delivering asset renewals across the range and volume of assets in the Shire is known to Council and referred to in its asset management plans.

Council has an adopted Recreation Asset Management Plan 2017 (RAMP). This plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans. The adopted Bega and Pambula Sporting Complex Masterplans includes elements and improvements linking to the renewal of existing assets.

The new buildings will replace multiple existing assets at each site.

Environment and Climate Change

There has been no change to environment and climate change matters since the Bega and Pambula projects were last reported to Council on 16 June 2021 and 21 April 2021 respectively.

A significant environmental consideration for the Bega Sporting Complex Upgrade is location with respect to flood prone land. It is noted that is not unusual for sporting facilities to be constructed in areas that utilise flood prone land. Bega is a good example of this as there are no sportsground sites which are not in flood prone land. Flood risk mitigation has continued to be considered through the design development process. The likelihood of flood impact on the building has been reduced by rising the floor level approx. 1.5m above the existing oval surface (relevant to the %5 AEP flood event level). Careful consideration of construction methods and materials will further mitigate potential impact to acceptable levels of risk. It is noted these measures significantly reduce but do not but do not remove all risk.

Economic

There has been no change to economic benefits since the Bega and Pambula projects were last reported to Council on 16 June 2021 and 21 April 2021 respectively.

Development and progressing the Sporting Complex Master Plans will increase tourism opportunities for the Bega Valley by increasing the ability to host regional sporting, community, and cultural events.

Risk

Project risk identification has been included in project briefs submitted to the NSW Office of Sport and have been previously included in reports to Council.

Project funding and delivering the projects within the available budgets had been identified as a primary risk. The identification of the significance of cost escalation through cost quantity surveyor costing has enabled Council to investigate options for value management (design / scope review) and advocate for additional funding prior to tendering for works.

Social / Cultural

There has been no change to economic benefits since the Bega and Pambula projects were last reported to Council on 16 June 2021 and 21 April 2021 respectively.

There is no doubt that sport is an important part of life in regional areas. It provides opportunities for health and wellbeing and also much enjoyed social interaction for many in the community.

Attachments

1 ⇩. Bega Sports Building memo 25.01.22

2 ⇩. Bega Recreational Reserve Cost Plan No.1b

Council 18 May 2022

Item 10.1

10.1. Quarterly Budget Review Statement (QBRS) March 2022 (Q3)

Quarterly Budget Review Statements (QBRS) are prepared and presented to Council in accordance with Section 203 of the Local Government (General) Regulation 2021.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the March 2022 Quarterly Budget Review Statement.

2. That the budget recommendations detailed in the March 2022 Quarterly Budget Review Statement be adopted.

Executive Summary

As part of the Integrated Planning and Reporting (IPR) framework, a Quarterly Budget Review Statement (QBRS) must be presented to Council for each financial quarter. This report provides adjustment details for the March (Q3) Quarterly Budget Review Statement for FY2022.

In summary, the QBRS report for the quarter ending 31 March 2022 provides the following projected results:

· Total Income decrease by $19.9 million dollars.

- Operational grants decreased by $1.3 million

- Capital grants decreased by $19.2 million

· Expenses decrease by $6.7 million.

· Consolidated net operating result before grants and contributions provided for capital purposes has a projected surplus of $2.5 million.

· Capital expenditure estimated to decrease by $30.2 million

· The revised projected cash figure at 30 June 2022 is expected to be $85 million with external restrictions of $63 million.

Included in the results are both operational and capital projects being deferred to 2023 financial year.

The Responsible Accounting Officer reports that the March quarterly review presented indicates Council's projected financial position at 30 June 2022 will be satisfactory.

Background

The QBRS is presented in a summary format which shows Council’s income and expenses by fund, type and activity. The Capital Budget Review Statement (CBRS) is also prepared by type, followed by variance details. It is the intent of this report to provide information on the financial performance of Council as a whole (consolidated) and, for each activity of Council.

The budgeting process sees Council develop annual budgets in March each year. As can be expected, many external factors are unknown at that time and therefore it is important that routine budget reviews are undertaken and presented to Council for adoption. As required by the Local Government (General) Regulation 2021, budget adjustments are requested through the QBRS process.

Council officers retain the ability to enquire, transact, and report on the detailed general ledger, which includes budgets. If there are specific questions relating to detailed transactional information, officers can provide answers to those questions.

Operationally, our teams are continuing to demonstrate improvement in our financial reporting and systems, focusing on reducing errors and improving real time information.

Options

A detailed review by Council officers has been undertaken to prepare the QBRS. It is recommended this is adopted to continue to support Council staff to deliver for the community.

Council has the option to consider other budget adjustments.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement with staff has been undertaken to develop the recommendations for the QBRS.

Engagement planned

The budget adjustments requested in the QBRS are included as an attachment to the business paper and published on Council’s website. Once approved, the budget adjustments are made. Future reports include the adopted changes.

Financial and Resource Considerations

Operating ResultCouncil’s consolidated budget, net operating result, has declined by $13.0 million compared to the previously revised budget. The consolidated net operating result before grants and contributions provided for capital purposes has improved by $6 million, resulting in a projected surplus of $2.5 million.Total Income reduced by $19.9 million dollars.

Within income streams there has been an increase in rates and charges of $411,000 an increase in fees and charges of $259,486, and interest and investment revenue increased by $55,000.

Operational Grants have decreased by a net amount of $1.3 million. Included in the total are prepayment of the 2023 Financial Assistance Grants of $6.1 million. There has also been a reduction of $5.1 million in DRFA and NDIS of $2 million that are both continuing in 2023.

Although prepayment of Federal Assistance Grants has appositive impact on the current year end result it has a negative impact on the subsequent financial year end result.

Capital Grants decreased by $19.3 million. Included in the total are new grants, previously received grants and new grants transferred to contract liability. Decreases relate to projects that are continuing in the 2023 Financial Year.

Operating Expenses decreased by $6.7 million.

Employee costs increased by of $1,365,912. Included in the increase is additional costs for workers compensation insurance and salaries and wages included in operating projects.

Materials and contracts decreased by $7.8 million, the largest impact being reduction in NDIS costs based on actual costs and DRFA projects that are continuing in 2023.

There is a decrease of $294,560 in other expenses reflecting the effort of staff to reduce costs.

The recommended changes have the following impact on the net operating result after grants and contributions provided for capital purposes by fund:

	Revised Budget (Dec) ‘000	Requested Changes ‘000	Projected Year End Result ‘000
General Fund	53,676	(14,771)	38,905
Waste Fund	3,144	2,269	5,413
Water Fund	5,618	(650)	4,968
Sewer Fund	6,633	28	6,661

The recommended changes have the following impact on the net operating result before grants and contributions provided for capital purposes by fund:

	Revised Budget (Dec) ‘000	Requested Changes ‘000	Projected Year End Result ‘000
General Fund	(8,304)	5,272	(3,032)
Waste Fund	1,823	858	2,681
Water Fund	(668)	78	(590)
Sewer Fund	3,472	(72)	3,400

Capital

Capital expenditure is estimated to decrease by $30.2 million in the March QBRS to $90.3 million. Council has reviewed all capital projects and made changes to reflect those projects that will continue in 2023.

Cash and Investments

Council had cash and investments of $103.6 million at 31 March 2022. The revised projected cash figure at 30 June 2022 is expected to be $85 million.

The impact on Council’s cash includes the decrease in capital expenses of $30.2 million with a $12 million reduction in grant income.

Legal /Policy

In accordance with clause 203(1) of the Local Government (General) Regulation 2021, the Responsible Accounting Officer must prepare and submit to the Council a Budget Review Statement after the end of each quarter.

Clause 203 of the Local Government (General) Regulations 2021 states:

Budget Review Statements and revision of estimates

1. Not later than two months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2. A budget review statement must include or be accompanied by:

a. A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b. If that position is unsatisfactory, recommendations for remedial action.

c. A budget review statement must also include any information required by the Code to be included in such a statement.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s 2017–2022 Delivery Program and 2021-2022 Operational Plan provides financial estimates including the budget for 2021/2022 (FY2022).

Environment and Climate Change

There are no direct environmental or climate change impacts associated with presenting this report.

Economic

The expenditure of Council in the community has a significant economic impact in the Bega Valley. The recommended adjustments to the adopted budget ensure as an organisation we can continue to deliver the services and projects committed to in the FY2022 Operational Plan.

Risk

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 QBRS process helps to provide transparency and accountability into the financial management of Council.

Social / Cultural

The attachment to this report details the recommended adjustments to our budget. Some may have an impact on social and cultural services.

The Officer’s recommendation is to support the continued service provisions and make the associated budget adjustments detailed in the QBRS.

Attachments

1 ⇩. Quarterly Budget Review Statement (Q3 - March)

Council 18 May 2022

Item 10.2

10.2. Certificate of Investment April 2022

This report details Council’s cash and investments at the end of April 2022.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position as at 30 April 2022.

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

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council, hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act), clause 212 of the Local Government (General) Regulation 2005. Council’s Investments are in accordance with Council’s counterparty, credit, and maturity compliance requirements.

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

On 30 April 2022 total capital value of investments is $108,192,234 with 83.71% of Council’s investment portfolio directed to term deposits. The remainder is held in cash deposit accounts.

Included in cash figures are $6 million in advance payments for Financial Assistance Grant and $1 million in Flood relief funding ($7M total) that were not expected to be paid until 2023 financial year.

Council has received year to date interest income of $288,962 that is 67% of the projected budget amount. Outstanding government grant debtors is $4,332,219.

Background

The Local Government Act 1993 and Local Government Regulation 2021 require that the Responsible Accounting Officer must present to Council monthly, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

Options

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

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

The investment details of Council are published in Council Business Papers and are publicly available at Council offices and on Council’s website.

Financial and Resource Considerations

A list of Councils cash and investments held at 30 April 2022 is detailed below.

Issuer	S&P Rating	Type	Purchase	Maturity	Rate	Capital Value
Commonwealth Bank At Call	A-1+	CASH	-	-	0.20	7,000,000.00
Commonwealth Bank Operating	A-1+	CASH	-	-	0.10	10,539,297.97
NSWTC IM Strategic Cash Fund	A-1+	CASH	-	-	-	126,027.50
NSWTC IM Cash Fund	A-1+	CASH	-	-	-	437,584.10
NAB	A-1+	TD	19/01/2022	19/05/2022	0.46	5,000,000.00
Members Equity Bank	A-2	TD	19/01/2022	21/07/2022	0.60	2,500,000.00
Members Equity Bank	A-2	TD	08/02/2022	11/08/2022	0.60	5,000,000.00
NAB	A-1+	TD	11/03/2022	15/09/2022	0.72	2,500,000.00
Bendigo and Adelaide	A-2	TD	04/04/2022	04/11/2022	1.25	3,000,000.00
Members Equity Bank	A-2	TD	17/01/2022	17/11/2022	0.70	2,500,000.00
BOQ	A-2	TD	10/02/2022	15/12/2022	0.75	5,000,000.00
AMP Bank	A-2	TD	03/02/2022	30/12/2022	1.10	5,000,000.00
NAB	A-1+	TD	11/03/2022	11/01/2023	0.97	5,000,000.00
Westpac	A-1+	TD	08/02/2022	09/02/2023	0.86	5,000,000.00
BOQ	A-2	TD	10/02/2022	16/03/2023	0.96	5,000,000.00
Commonwealth Bank	A-1+	TD	28/04/2022	28/04/2023	2.71	5,000,000.00
Westpac	AA-	TD	10/02/2022	11/05/2023	1.00	5,000,000.00
AMP Bank	BBB	TD	03/02/2022	02/08/2023	1.35	5,000,000.00
NAB	AA-	TD	10/02/2022	14/12/2023	1.43	5,000,000.00
NAB	AA-	TD	17/01/2022	17/01/2024	1.25	2,500,000.00
Westpac	AA-	TD	08/02/2022	08/02/2024	1.59	10,000,000.00
Commonwealth Bank	AA-	TD	10/02/2022	16/05/2024	1.65	5,000,000.00
Commonwealth Bank	AA-	TD	10/02/2022	15/08/2024	1.75	5,000,000.00
Westpac	AA-	TD	08/02/2022	10/02/2025	2.00	5,000,000.00
Total Cash and Investments					$111,102,909.57

Interest earned for April 2022	$85,978
Year to date interest earned	$288,962
Budgeted interest for 2021/22 financial year	$432,942
Percentage of the 2021/22 budget earned by council	67%

Council’s investment portfolio is largely directed towards term deposits (83.71%). The remainder of the portfolio is held in very low yielding cash deposit accounts with CBA and TCorp (16.29%).

Council’s investments remain sufficiently liquid with over 61% of investments maturing within 12 months.

T-Corp Strategic Cash Fund and T-Corp Cash Fund have been producing a negative result in previous periods that has significantly reduced Council’s investment income. To address the loss in the T-Corp investments, the investments with them have been reduced significantly.

Council is trialling the platform Imperium Markets, to assist in conducting, managing, and reporting on council’s investments. This provides a more automated process of sourcing quotes and investing monies and is allowing Council to better address investment risks.

There has been a significant improvement in investment returns since using Imperium Markets. It has increased our investments Weighted Average Yield (WAY) from 0.24% in January 2022 to now 1.05% in April 2022.

Council’s current investments exceed the RBA 3-month deposit average for April 2022 of 0.06%.

Table 1: Investments by Fund $’000
Fund	February-2022	March-2022	April-2022
General Fund	41,062	36,149	44,705
Water Fund	24,397	24,693	23,793
Sewer Fund	42,733	42,765	42,605
TOTAL	108,192	103,607	111,103

Each Fund’s allocation can only be utilised for its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects.

Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council.

The following table provides details of all funds by restrictions:

Source of Funds	Value
Total Cash and Investments	$111,102,910
External Restrictions **	$62,860,509
Internal Restrictions **	$7,857,423
Unrestricted funds	$40,384,978

** The table above reflects the expected 30 June 2022 level of restrictions reported in the March QBRS report. The QBRS is included in the business paper for the Ordinary Meeting of Council on 18 May 2022 seeking adoption.

The value of outstanding Government Grant Debtors on 30 April 2022 is $4,332,219.

Legal /Policy

Section 625 of the Local Government Act 1993 determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2021 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.

The report must also include a Certificate as to whether the investments have been made in accordance with the LG Act, the Regulations and the Council’s Investment Policy.

Council has an Investment Policy, policy number 6.07. This Policy is reviewed every four years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report is provided in accordance with Council’s Community Strategic Plan (CSP), Delivery Program (DP) and Operational Plan (OP).

6: Strong, Consultative Leadership

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

6.12.5: Improve the provision of corporate financial services

Environment and Climate Change

Council considers the importance of environmental, social and governance factors in investment decision making.

Economic

Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of investments are reported monthly, quarterly, and annually.

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. The following graphs provide visual representation of Councils compliance to these measures.

Risk management means our investments are made giving regard to key criteria of counterparty compliance, credit quality compliance and maturity compliance. This report shows that we are compliant with all these requirements.

Legend: Compliant Non-Compliant

Other legal instruments, such as the Ministerial Order referenced above, are used to mitigate financial risk.

Social / Cultural

Maximising performance of returns enables the organisation to leverage additional funding received as a result of investment performance and use these towards community projects, programs and services.

Attachments

Nil

Council 18 May 2022

Item 10.3

10.3. Review of Council Policies - Batch 2

This report presents 11 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 place the following draft policies on public exhibition:

· Policy 1.07 Public Reserve Management

· Policy 1.08 Parks, Aquatics and Recreation

· Policy 3.01 Development Administration

· Policy 3.02 Environmental Management

· Policy 3.04 Biosecurity and Weed Management

· Policy 3.05 Environmental Sustainability for Council Operations

· Policy 3.07 Climate Change

· Policy 4.09 Families and Children

· Policy 4.12 Environmental and Public Health

· Policy 4.14 Burning Off In Open Areas

· Policy 6.16 Community Engagement

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

3. That policy 1.07 Public Reserve Management be revoked and converted to a procedure sitting within the scope of the revised policy 1.08 Parks, Aquatics and Recreation.

3. That following public exhibition, a further report be presented to Council including submissions received and the final policies for adoption. Adopted policies to be 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 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.

This report presents 11 policies that have been reviewed and placed on exhibition. 10 are recommended to be supported by Council. One (1) policy, 1.07 Public reserve management is recommended to be revoked.

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:

· Policy 1.07 Public Reserve Management

· Policy 1.08 Parks, Aquatics and Recreation

· Policy 3.01 Development Administration

· Policy 3.02 Environmental Management

· Policy 3.04 Biosecurity and Weed Management

· Policy 3.05 Environmental Sustainability for Council Operations

· Policy 3.07 Climate Change

· Policy 4.09 Families and Children

· Policy 4.12 Environmental and Public Health

· Policy 4.14 Burning Off In Open Areas

· Policy 6.16 Community Engagement

It is recommended that policy 1.07 Public Reserve Management be revoked as the currently adopted policy 1.07 has become redundant. Functions of that policy will be converted to a procedure which will sit within the scope of the revised Parks, Aquatics and Recreation policy.

Should Council adopt the recommendation to revoke Procedure 1.07 Public Reserve Management, any procedures sitting under that Policy will moved to be aligned under former Policy 1.08 Leisure and Recreation – going forward to be known as Policy 1.08 Parks Aquatics and Recreation.

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, this will be included in the recommended final version.

A further report will be submitted to Council to adopt the final version of the policies. Adopted policies are publicly available on Council’s website.

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 impacts related to this report.

Economic

There are no economic impacts in undertaking a 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

Review of Council’s policies is done as required. All policies are available on Council’s website to ensure the community is informed about how Council complies with legislation and its processes for implementing that legislation and the strategic direction of Council.

Documents to be Exhibited

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

· Policy 1.07 Public Reserve Management (recommend to revoke)

· DRAFT for exhibition - Policy 1.08 Parks Aquatics and Recreation

· DRAFT for exhibition - Policy 3.01 Development Administration

· DRAFT for exhibition - Policy 3.02 Environmental Management

· DRAFT for exhibition - Policy 3.04 Biosecurity and Weed Management

· DRAFT for exhibition - Policy 3.05 Environmental Sustainability for Council Operations

· DRAFT for exhibition - Policy 3.07 Climate Change

· DRAFT for exhibition - Policy 4.09 Families and Children

· DRAFT for exhibition - Policy 4.12 Environmental and Public Health

· DRAFT for exhibition - Policy 4.14 Burning Off In Open Areas

· DRAFT for exhibition - Policy 6.16 Community Engagement

Attachments

Nil

Council 18 May 2022

Item 10.4

10.4. Actions from resolutions of Council - Progress Report

This report provides a progress update on Council officer actions following previous Council Resolutions.

Chief Executive Officer

Officer’s Recommendation

1. That Council be provided quarterly update reports to monitor progress on implementation of Council resolutions

2. Council note the progress update on implementation of Council resolutions contained within this report

Executive Summary

It is important that Council is transparent in its progress on implementing the resolutions of Council. This report provides a formal mechanism of accountability back to Council and provides the information openly to the community via Council’s website.

Background

Following each Council meeting Council Resolutions are tasked to an officer in Council’s electronic Report System - InfoCouncil. Progress of actions undertaken in relation to respective resolutions is monitored internally by senior staff.

To improve transparency, it is recommended a process be introduced so that each quarter a report is provided to formally update Council on progress towards implementing resolutions of Council.

Below is a link to outstanding actions from previous Council resolutions dating back to the last time an update was formally provided to Council. Since that time there are also a further 826 actions that have been completed.

Open actions from resolutions of Council for the period of 31 July 2019 to 4 May 2022

Options

There are no options associated with this report.

Community and Stakeholder Engagement

There are no Community and Stakeholder Engagement requirements associated with this report.

Engagement undertaken

There has been no Engagement undertaken associated with this report.

Engagement planned

There is no Engagement planned associated with this report.

Financial and Resource Considerations

There are no direct Financial and Resource Considerations associated with this report. If Council resolved to do anything other than note the update there may be financial impacts to be considered.

Legal /Policy

There are no Legal/Policy impacts associated with this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

6.11.5 of Councils current delivery program states: Support Councillors and ensure open and effective Local Government in our Shire

Environment and Climate Change

There are no Environment and Climate Change impacts associated with this report.

Economic

There are no Economic benefits/impacts associated with this report.

Risk

There are no Risks associated with this report.

Social / Cultural

There are no Social/Cultural impacts associated with this report.

Attachments

Nil

Council 18 May 2022

Item 13.1

13.1. Cr Karen Wright - Access to Council facilities and services in a pandemic

Notice of Motion

1. Council acknowledge the high vaccination rate in the Bega Valley Shire, and the work that our health staff and community have done to keep people safe since the COVID19 pandemic began.

2. Council agrees to continue to allow people who are unvaccinated against COVID19, under the current public health order at the time, to access Council’s facilities and services. This includes Council buildings like the customer contact Centre front desk, the art gallery, civic Centre, halls, libraries, waste facilities, sports facilities, swimming pools and outdoor community events. Council can mitigate any risk if necessary, if advised by a public health order at the time with the wearing of face masks, use of hand sanitizer, testing and QR check ins.

3. If the above is not possible due to specific restrictions in a public health order at the time, that Council make a more accessible and inclusive way for unvaccinated people to access Council’s facilities, including setting up an outside ‘check in’ desk at the Shire’s swimming pools, so that parents are able to drop older children off for swimming lessons, and similar for Council’s front desk; and extending the library’s home delivery service so that unvaccinated people can still access services without entering the building.

Reasoning

· Bega Valley Shire Council holds itself as a benchmark for fairness, equality, and inclusiveness for all members of our community.

· Last year, there were children unable to attend swimming lessons in the Bega Valley in the lead up to summer on the coast as their parents were not able to enter the building. This is one example of why access is so important.

· Many people in our community are still feeling ostracized about previous responses to the pandemic. This motion will assure any unvaccinated residents of the Bega Shire that they will still be able to access Council’s services if public health orders change and limit what they can and can’t do in public spaces.

Background

· It was announced in September 2021 that NSW would be using a roadmap to recovery from lockdowns, which then resulted in the unvaccinated in NSW LGA’s being locked down from October 11 – December 15.

· Whilst the unvaccinated were unable to leave their homes other than to buy food, work and exercise, the Local Government Minister still made it possible for them to vote in the NSW local government elections on December 4, in a covid-safe environment.

· In September 2021, previous Mayor of Shellharbour Council Marianne Saliba was very vocal on the impacts of restricting the unvaccinated from Council facilities, saying to ABC News “Everyone is a ratepayer whether they're vaccinated or not … and they deserve to be treated as equals” source: https://www.abc.net.au/news/2021-09-16/shellharbour-mayor-vow-on-unvaccinated-people/100465304

· On 18 November 2021, Yepoon Council Queensland voted to write to the Queensland premier regarding their concerns on restrictions to be applied to unvaccinated people from 17 December 2021, noting the risk to businesses and economic growth in the area. Source: https://www.livingstone.qld.gov.au/news/article/301/council-requests-premier-to-reconsider-new-covid-19-restrictions

· Sunshine Coast City Council in Queensland continued to allow all residents access to council services when Queensland’s public health restrictions tightened in December 2021, including libraries, customer contact counters, aquatic centres, waste facilities, community facilities such as community centres and halls, outdoor community events like Christmas carols, and indoor sports centres. Source: https://www.abc.net.au/news/2021-12-16/seq-councils-address-vaccination-restrictions/100701074

· Richmond Valley Council has implemented a Preparedness & Resilience Plan that covers adverse natural events, including planning for pandemics

· At their April 2022 meeting, Snowy Valley Councilors just voted to request the establishment of a Royal Commission into the handling of all aspects of COVID-19. https://www.snowyvalleys.nsw.gov.au/files/assets/public/meeting-minutes-amp-agendas/council-meetings/20220421/21apr2022-minutes-draft-final.pdf

· 95% of people in NSW have now had at least 2 doses of the COVID19 vaccine

· COVID19 hasn’t gone away - NSW Health are advising people stay ‘up to date’ by having their booster. The Federal government has committed to $2.1 billion for winter preparedness health measures including $571 million for vaccines. https://www.health.gov.au/ministers/the-hon-greg-hunt-mp/media/21-billion-for-winter-preparedness-health-measures

· The current Public Health Order was extended again in March 2022 and may be extended further to address a rise in cases over winter, with further restrictions put back in place.

· Bega Council is still using language on social media posts like “The public forum is open to the public (subject to public health orders at the time)”

· With a federal election coming this weekend, I would like Council to take a clear stance on this issue and communicate this to our community.

Cr Karen Wright

Attachments

Nil

Council 18 May 2022

Item 15.2

15.2. Wandella Trunk Line

At the ordinary Council meeting of 20 April 2022, Cr Fitzpatrick asked Council Staff to provide confirmation that the Wandella Water Trunk Main issues will be addressed in that:

· That the same level of water service be continued to all affected residents, with replacement and future proofing of the water line? (i.e. replaced 'like for like', not patched up for a cost saving exercise).

· Staff to provide details around when this will occur.

In addition, he asked whether staff had looked at an alternate course/location that would allow more users and future development of available land around Cobargo.

Director Assets and Operations

Will the Wandella Water Trunk Line issues be addressed?

The Wandella trunk main project has been assigned to a project manager who is actively working through the tasks required to resolve the issue. The project is actively underway.

Will the same level of water service be continued to all affected residents, with replacement and future proofing of the water line?

The level of service received by the affected customers is the subject of an upcoming Council report.

Staff have met with affected customers and let them know that Councillors will be presented with all options and a discussion on what each option means. Staff will ask Councillors to determine the preferred option and resolve to pursue that option.

There is a suite of options that will be discussed with customers which broadly involve a similar service level, marginally reduced service level, and a significantly reduced service level.

Will the asset be replaced 'like for like', not patched up for a cost saving exercise?

The asset was originally sized and built to supply water to the village of Cobargo. This function is now effectively redundant as water is sourced from elsewhere and the remaining line now serves only 11 customers. Councillors should therefore consider the reduced demand placed on the asset before assuming that a ‘like-for-like’ replacement is required.

Council staff will not recommend any localised patching of the pipeline. Local patching has been the default repair for many years and introduces risks to the supply of water to connected customers. Council staff recommend that any option should deal with the whole trunk asset and not just the parts of it which break.

When will this occur?

Staff expect the Council report to go to the August Council meeting, after affected customers have been given an opportunity to comment on the options report.

The construction of whatever option Council resolves to pursue has been programmed for next financial year 2022-2023.

Have staff looked at ways for an alternate course/location that would allow more users and future development of available land around Cobargo?

Staff have looked at alternative routes and moving of some properties onto the Cobargo reticulation system.

Normally Council does not allow water pipes to be installed by developers where there is a lead in pipe with a length of more than 40m per connection. Above that length the pipes become financially unviable. The current length to connection ratio of the Wandella line is 550 m/connection, and at least 150 additional connections would be required to make the pipe financially viable, assuming that there was no additional pipe needed to reach those unconnected customers. This level of additional development is not currently allowable due to the planning zoning constraints in this area.

This particular trunk line will be included in our upcoming trunk line connections review to determine if additional properties may benefit from connecting and reduce the overall cost of the service.

Attachments

1 ⇩. 2022.02.23 Councillor Memo - Wandella trunk main (previously Illawambra water supply pipeline)

Council 18 May 2022

Item 15.3

15.3. Merimbula Airport- All projects update

At the ordinary Council meeting of May 4, 2022 Councillor Nadin asked for an update on future for the airport in Merimbula, including the masterplan for the general aviation area, and the future of its existing tenants/user groups. The question was taken on notice by the Director Assets and Operations

Director Assets and Operations

Overview Update

This report updates Council on the progress of the following Merimbula Airport projects:

· Runway Extension Project

· Runway Strengthening Project

· General Aviation and Commercial Precinct

· Future Works

· Airport Master Plan Review

Council Officers have scheduled a Councillor Workshop in late June to provide a more in-depth update of the status of the infrastructure upgrades and airport operations which will provide further detail of the general aviation area and the option for existing tenants/user groups.

Runway Extension

The construction works to the Stage 1 ‘Starter Extension’ which extended the runway 120m to the North and South are now substantially complete except for some inset runway lights which had COVID related delays in sourcing them from abroad.

Photo 1 – Southern End Runway Extension

The inset lights have now arrived in the country and will be installed and are due to be commissioned on Saturday 21st May 2022. In order for the Starter Extension to reach operational status the lighting is required to be commissioned and several operational procedures need to be updated and lodged with CASA in accordance with the Aviation legislation.

In accordance with the Development Application conditions, prior to operation a Decommissioning Environmental Management Plan and Operational Environmental Management plan need to be submitted to Council and relevant State Government agencies. These reports are currently being prepared.

Once the Starter Extensions are operational this will allow the larger Q400 aircraft to operate out of Merimbula Airport. At the time of writing Qantas have not made any commitments to commence Q400 operations but have made several technical enquiries regarding operations. The operation of these aircraft would require additional ground handling equipment to be provided by the airlines.

The Stage 2 approval works as part of DA 2019.359 - Merimbula Airport Runway Extension were considered as deferred matters by the Joint Regional Planning Panel and a report was submitted to Council’s planning department on the 09/11/2021 at the time of writing this report this is yet to be determined.

The Stage 2 approvals involve further extension of the runway by an additional 80m to the north and south and removal of the old haul road to enable the restoration of some of the tidal flows in Merimbula Lake.

Except for the removal of the haul road which is required to be removed as part of the NSW Fisheries Permit within 3 years; the proposed Stage 2 works of the project may be up to 25 years away, as it is dependent upon demand and future funding.

Runway Strengthening

The runway strengthening project comprised of the strengthening of the existing runway, taxiways and apron to allow unrestricted operations for larger aircraft including the Q400, and also involved the upgrade of the runway lighting to LED’s and additional line marking.

These works required a full closure of the airport. The planned airport closure from the 31/01/2022 to 14 March 2022 was delayed by 10 days due to the wet weather and runway reopened on the 25 March 2022.

The pre COVID flight schedule from Qantas and REX has resumed with daily services to and from Sydney and Melbourne with around 43 flights per week. Passenger numbers have been strong since the airport reopening and COVID restrictions being lifted for interstate and international travel.

The pavement has now been upgraded to allow for the unrestricted operation of the Q400 aircraft and all works have been completed in relation to the strengthening of the existing runway, aprons and taxiways.

Photo 2 – Taxiway and Parking Bay Apron

General Aviation and Commercial Precinct

The works to the General Aviation and Commercial Precinct comprise the creation of a series of taxiways, aprons and building platforms along with the associated infrastructure (roads, power, water, and sewer).

Drawing 1 – General Aviation General Arrangement

The project will create up to 20 fully serviced sites (with varying areas) to enable the development of General Aviation related facilities by private enterprise at the Airport.

One of the main drivers for the General Aviation (GA) precinct is to separate its activity from airline passenger traffic activity and this is a key outcome for the project which has several safety and security objectives that our Airport regulators, Civil Aviation Safety Authority, and the Department of Home Affairs are keen to progressively implement.

The recent wet weather has hampered the progress works on site with Merimbula Airport experiencing more than double the rainfall during the January – March period when compared the last 30 years mean rainfall for that period.

Figure 1 – Bureau of Meteorology Rainfall 2022

Council took the approach to prioritise resources towards the reopening of the runway strengthening and extension works over the General Aviation Precinct with the aim to get the airport operational in the shortest timeframe.

One of the benefits of the unusually high rainfall was that if confirmed the investment in culverts and stormwater and raising the level of the new precinct was warranted with many of the existing GA hangars experiencing issues with access due to the saturated ground across the airport.

Works are progressing across the site with upgrade works to Arthur Kaine Drive currently underway. In consultation with our designers and the main contractor it has been agreed that the final sealing of the GA taxiways, aprons and the service road will be delayed until mid-November to undertake the final seal in the warmer weather to ensure the best possible asset life for the pavements.

Council has received a lot of interest from the broader Aviation community on securing sites in the new precinct. It is expected that in the second half of the year a formal EOI process will be undertaken for those interested in securing a land lease at the airport. Initially it was hoped the EOI process would be undertaken early in the year but as noted above Council resources were focused on the runway and reopening the airport.

Another driver of the creation of the new precinct is to encourage existing tenants to relocate to this new precinct by providing secure tenure and the associated services to invest at the airport and free up the areas around the terminal for much needed carparking and future terminal expansion.

Future Airport Works

Council staff are looking at several other future capital investment projects at the airport and recognise that to progress these project funding would either need to be externally sourced or offset by additional income from the airport.

The following projects are currently being considered:

· Long Stay Carparking – immediate works

· Long Stay Carparking – future works

· Creation of 3^rd Parking Bay Apron

· Baggage Automation

· Provision of Screening for passengers and baggage subject to legislative requirements

The intent is to capture these within the Review of Airport Masterplan which will be progressed once the currently funded capital works are completed.

Council staff will provide a further update on these projects through a Councillor workshop in late June which will also provide further detail of the GA area, and the future options for its existing tenants/user groups.

Long Stay Carparking – Immediate Works

Currently the airport has a combination of short stay (2-hour parking to the north of the terminal) and unrestricted parking to the south of the terminal.

Parking at the airport has been an ongoing issue due to a variety of factors below:

1. The volume of parking from Squizzy’s Tyres & More which often has many cars being serviced and parked awaiting repairs which reduces the parking for airport customers

2. The closure of the secure long stay parking by the current leaseholder which has removed parking options for customers

3. Increase in flight numbers with the introduction of Qantas flights and increase in demand.

Council staff are looking at some low-cost immediate options to address this and have an agenda item with the Local Traffic Committee to introduce Restricted Parking Area to the south and reconfigure the parking to allow for 47 marked spaces. The intent is that these spaces will be untimed.

It is intended to implement this change as soon as possible as this will enable the restricted parking area to be monitored foe compliance by Council Rangers. Planning is underway for a longer-term option and will form part of the upcoming Councillor workshop.

Attachments

Nil

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 – Community, Environment and Planning

9 Staff Reports – Assets and Operations

10 Staff Reports – Business and Governance

11 Councillor Reports

12 Rescission/Alteration Motions

13 Notices of Motion

14 Questions with Notice

15 Questions without Notice

16 Confidential Business

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	18 May 2022
*Item 8.1 - Attachment 1*	Bega Valley Shire Affordable Housing Strategy March 2022 - For Council Determination

Council	18 May 2022
*Item 8.1 - Attachment 2*	Affordable Housing Strategy Summary of Submissions

Council	18 May 2022
*Item 8.2 - Attachment 1*	Bega Valley Development Control Plan 2013 Council requirements for off-street car and bicycle parking

Council	18 May 2022
*Item 8.3 - Attachment 1*	Draft Planning Proposal - Housing diversity

Council	18 May 2022
*Item 8.3 - Attachment 2*	Draft amendment to BVDCP 2013 - Design guidelines for housing diversity

Council	18 May 2022
*Item 9.1 - Attachment 1*	Waste Grants & Education Program Progress Report

Council	18 May 2022
*Item 9.2 - Attachment 1*	Sportsground Volunteer Site Committee Nominations

Council	18 May 2022
*Item 9.3 - Attachment 1*	Merimbula Jazz Festival 2022

Council	18 May 2022
*Item 9.3 - Attachment 2*	Eden Sports Ground Design

Council	18 May 2022
*Item 9.4 - Attachment 1*	Bega Sports Building memo 25.01.22

Council	18 May 2022
*Item 9.4 - Attachment 2*	Bega Recreational Reserve Cost Plan No.1b

Council	18 May 2022
*Item 10.1 - Attachment 1*	Quarterly Budget Review Statement (Q3 - March)

Council	18 May 2022
*Item 15.2 - Attachment 1*	2022.02.23 Councillor Memo - Wandella trunk main (previously Illawambra water supply pipeline)