Agenda of Council - 17 August 2022

Council 17 August 2022

Item 8.1

8.1. Finalisation of draft amendments to requirements for off-street car and bicycle parking

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

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to adopt the amendments to the requirements for off-street car and bicycle parking in the Bega Valley Development Control Plan 2013 as contained in Attachment 1 to this report.

2. That the adoption of the amendment to the Bega Valley Development Control Plan 2013 be notified in accordance with the Environmental Planning and Assessment Regulation 2021.

3. That those who made submissions to the amendment to the Bega Valley Development Control Plan 2013 be notified of Council’s decision.

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 (DCP 2013) were publicly exhibited to align the provisions with recommendations of the Bega Valley Shire Commercial Land Strategy 2040 and the Bega Valley Shire Affordable Housing Strategy. This report seeks Council’s resolution to adopt the proposed amendments to DCP 2013 with several minor changes in response to issues raised in submissions.

Background

A number of amendments to the requirements for off-street car and bicycle parking in the DCP 2013 are proposed which aim to reduce vacancy rates in commercial centres, address changes in transportation and incentivise the development of desirable housing forms in and around town centres.

The draft DCP 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

· align car parking requirements for apartments with car ownership rates and state government recommendations.

The amendments to the DCP 2013 were publicly exhibited from 31 May to 3 July 2022. Two submissions were received. This report outlines the feedback received during community consultation and recommends that Council proceed to amend the DCP 2013 as exhibited, with minor changes as identified in Attachment 1.

Options

The proposed changes to the DCP 2013 have been developed in response to adopted strategic directions of Council, therefore adoption of the exhibited proposed amendments to the off-street car parking requirements with minor changes (Attachment 1) is the recommended option. However, Council could resolve not to proceed with the adoption of all or some of the proposed changes.

Community and Stakeholder Engagement

Engagement undertaken

Community engagement was carried out in accordance with Council’s Community Engagement Strategy and Community Engagement and Communications Toolkit. The project was assessed to be Level 2 - Consult on the IAP2 spectrum. The draft DCP 2013 amendment was publicly exhibited from 31 May to 3 July 2022 and was advertised on Council’s website and Facebook page, and notified to the Development Professionals Group via email. Two public submissions were received.

Summary of submissions

The following is a summary of the issues raised in the submissions to the exhibition, with staff response and any recommended changes to the draft.

1) Provisions for residential development in the B2 zone

Issue summary: The option of providing off-site parking for residential development in the B2 Local Centre zone is welcomed but needs to clarify if the provision applies to shop-top housing.

Staff comment: The reference to residential development, rather than shop-top housing, reflects the other land uses permitted and proposed to be permitted in the B2 Local Centre zone.

Recommendation: The following changes to the draft section 5.9.2.1 Residential development (addition of underlined) are recommended to clarify that the provisions apply to shop top housing:

· All parking will be provided on-site except for residential development (including shop top housing) in the B2 Local Centre zone, where required carparking can be provided in an appropriate, designated nearby location.

2) Defining medium and large size commercial development

Issue summary: Medium and large size commercial development need to be defined more clearly to remove ambiguity.

Staff comment: Noted.

Recommendation: The following changes to draft section 5.9.2.4 Commercial development (removal of strikethrough and addition of underlined) are recommended:

· In ~~medium and larger sized~~ developments requiring 50 or more car parking spaces, of the car parking spaces required, a minimum of 2 per 50 car parking spaces are to be designated for people using wheelchairs, 3 in 50 car spaces are to be designated for seniors, and 2 in 50 car parking spaces are for parents with prams.

· In ~~medium and larger sized~~ developments requiring 50 or more car parking spaces, carparks will be designed to be user friendly and attractive with pedestrian pathways and landscaping elements integrated into the design.

3) Requirements for shop-top housing in Bega

Issue summary: It is difficult to understand the difference in the requirements for shop-top housing in Bega compared to smaller towns.

Staff comment: Car parking rates for multi dwelling housing, residential flat buildings and shop top housing are proposed to be discounted within 600 metres walking distance via a Council road or pathway of B2 zones in the town centres of Bega, Eden and Merimbula as recommended in the Bega Valley Shire Affordable Housing Strategy. The reduction in parking requirements reflects actual car ownership rates and provides an incentive for development of one bedroom apartments.

Census data (2016) identifies that car ownership rates are lower in Bega, Eden and Merimbula than in other parts of the shire, including in other town centres. For example, in Bega, Eden and Merimbula, households with no car make up 10% of the population, whereas for other towns and villages the rate is 3.8%.

Recommendation: No changes are recommended to the draft.

4) Requirements for apartments

Issue summary: The disparity between requirements for two and three bedroom apartments is not equitable or necessary and will result in developers pursuing smaller 1-2 bedroom apartments, rather than 3+ bedroom apartments.

Staff comment: The changes to the car parking provisions for two and three bedroom apartments are specifically designed to incentivise the provision of smaller dwellings. The Bega Valley Shire Affordable Housing Strategy details that by 2036, around 70% of affordable housing need will be for smaller (lone person and couple only) households. The strategy found that Council’s car parking standards have been a disincentive to the supply of one and two bedroom dwellings and that given the forecast increase in lone person and couple households and subsequent demand for affordable dwellings, it was necessary to amend the car parking requirements for one and two bedroom dwellings to remove this disincentive.

In reviewing this submission, council officers found an error in the parking requirements for some 3+ bedroom dwellings and that the additional spaces required for visitor parking require clarification.

Recommendation:

The following changes to Table 5.5 are recommended:

· Remove the per bedroom requirement for visitor parking for multi dwelling housing, residential flat building and shop-top housing and uniformly apply 1 visitor space for every 5 dwellings or part thereof

· Reduce the parking requirement for 3+ bedrooms for ‘all other multi dwelling housing, residential flat building and shop-top housing’ from 2 parking space per dwelling plus 1 additional parking space per 2 dwellings to 1 additional parking space per 5 dwellings

5) Adoption of city parking standards

Issue summary: There is inadequate public transport for adoption of city parking standards and minimum car space provision should be 1 space and not 0.5 space.

Staff comment: The proposed DCP car parking requirements for medium density developments in and within 600 metres walking distance of B2 zones in Bega, Merimbula and Eden were tested against household car ownership Census data (2016). It was found that the total likely car parking spaces required based on an average spread of car ownership as per the 2016 Census data aligns very closely to the proposed DCP car parking standards in Bega, Eden and Merimbula. The DCP requires that the total number of carparking spaces required is rounded up to the nearest whole number.

Recommendation: No changes are recommended to the draft.

Engagement planned

No further engagement is planned.

Financial and Resource Considerations

The development of the amendments to the DCP 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 DCP 2013 was 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 the DCP 2013:

· supports the recommendation of the Bega Valley Shire Affordable Housing Strategy to ‘open up opportunities through the market for an increase in the supply of well-located smaller strata dwellings (Residential flat buildings and Multi dwelling housing) through relevant amendments to its environmental planning instruments’

· supports the recommendation of the Bega Valley Shire Commercial Land Strategy 2040 to ‘Introduce flexible on-site car parking requirements for certain commercial uses’

· is consistent with achieving the planning priorities for housing and town centres of the Bega Valley Shire Local Strategic Planning Statement 2040

· is consistent with strategies A.9. Collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population and B.2. Collaborate with relevant parties and industry to promote and support opportunities to diversify and grow our economy and provide local jobs of the Bega Valley Shire Community Strategic Plan 2042.

Environment and Climate Change

The proposed changes to the DCP 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 the DCP 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 residential and commercial development.

Risk

The proposed changes to the DCP 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 the DCP 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 for adoption

Council 17 August 2022

Item 8.3

8.3. Alcohol Free Zones and Alcohol Prohibited Areas

This report informs Council of the intention to streamline all alcohol free zones in the shire by simultaneously cancelling and re-establishing all existing alcohol free zones and re-establishing three expired alcohol free zones at the same time.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Resolves to support, in principle and subject to community feedback, the cancellation and re-establishment of current and expired alcohol free zones

2. Notes that consultation with the local police, the community and other stakeholders will be undertaken as required under the Ministerial Guidelines and Local Government Act.

Executive Summary

The Ministerial Guidelines on Alcohol Free Zones (AFZs) have been prepared under section 646 of the Local Government Act 1993.

AFZs are an early intervention measure to prevent the escalation of irresponsible street drinking to incidents involving serious crime.

At the 15 June 2022 Council meeting, Council resolved to review all existing and expired alcohol free zones with the intention of bringing them onto the same schedule to streamline the process and provide greater transparency for the community. Council officers have recently engaged with local area command who support cancellation (where applicable) and re-establishment of the following AFZs:

Current:

· Eden Central Business District

· Biamanga Aboriginal Cultural Area

Expired:

· Bega Commercial Centre

· Lamont St Bermagui

· Merimbula Central Business District

At the 20 April Council meeting, Council provided in-principle support, subject to community and stakeholder consultation, to establish an AFZ and Alcohol Prohibited Area (APA) on the corner of Gipps and Bega streets in Bega. This consultation process is underway.

Background

The irresponsible consumption of alcohol on roads, footpaths and in public carparks can compromise their safe use by members of the public. Alcohol-free zones promote the use of these roads, footpaths and carparks in safety and without interference from irresponsible street drinkers.

Each individual zoning is to be considered according to its particular circumstances. Reasons for supporting alcohol-free zones must be included and must reflect the fact that irresponsible behaviour arising from the consumption of alcohol is occurring on those roads and footpaths and in those public carparks included in the proposal. This could involve instances of obstruction, littering, the actual commission of, or police intervention to avoid the commission of, more serious offences under the Law Enforcement (Powers and Responsibilities) Act 2002, Summary Offences Act 1988 or the Crimes Act 1900, such as malicious damage.

It is not appropriate to consider an alcohol-free zone for reasons that are unrelated to the irresponsible behaviour of drinkers, for example, the congregation of drinkers where irresponsible behaviour does not occur, general conduciveness to business or tourist activities, or the personal beliefs of particular citizens.

Alcohol free zones can be established for a maximum of 4 years.

Cancellation and re-establishment of existing and expired AFZs will enable a more efficient review process and ensure signage can be updated or replaced simultaneously. Any requests for new AFZs will be brought into line with the regular review process when possible.

Options

1. Council can support the recommendations.

2. Council could resolve not to begin the consultation process to cancel and re-establish AFZs. This will result in all AFZs lapsing over the next 12-18 months and reduce police powers to appropriately deal with irresponsible behaviour caused by street drinking.

Community and Stakeholder Engagement

Engagement undertaken This item was tabled at the Police Liaison Committee meeting on 7 July 2022. The committee supported the cancellation (where applicable) and re-establishment of the alcohol free zones listed in this report. The committee supported AFZs as an appropriate mechanism to address irresponsible behaviour caused by street drinking and enable police to appropriately deal with this behaviour and its impacts.

No recent community engagement has been undertaken on the expired AFZs.

Community engagement has been undertaken separately on a proposal to establish an AFZ and APA at the corner of Gipps and Bega streets in Bega. Submissions closed on 22 July 2022. Engagement with the Bega Local Aboriginal Land Council and Katungal is ongoing.

Engagement planned

After preparing a proposal to establish or re-establish an alcohol-free zone a council is required to undertake a public consultation process. The process under the Act involves all of

the following:

1. Publish a notice of the proposal in a newspaper circulating in the area of the

proposed alcohol-free zone, allow inspection of the proposal and invite

representations or objections within 30 days from the date of publication. The

notice should state the exact location of the proposed alcohol-free zone, and the

place and time at which the proposal may be inspected.

2. Send a copy of the proposal to:

a) the Police Local Area Commander and the officer in charge of the police station within or nearest to the proposed zone

b) liquor licensees and secretaries of registered clubs whose premises border

on, or adjoin or are adjacent to, the proposed zone and invite representations or objections within 30 days from the date of sending the copy of the proposal.

In addition to these statutory requirements there are other consultative avenues that

may enhance the effectiveness of any AFZ that is subsequently established. Accordingly, a council is also required to:

3. Send a copy of the proposal to any known organisation representing or able to

speak on behalf of an identifiable Aboriginal or culturally and linguistically diverse

group within the local area and invite representations or objections within 30 days

from the date of sending the copy of the proposal.

A council is to give proper consideration to any representations, submissions or objections received and as a result may amend or withdraw a proposal to establish an alcohol-free zone. However, any amendment that extends the location of the proposed alcohol-free zone must be supported by reasons (as outlined above).

Financial and Resource Considerations

The re-establishment of an AFZ would require the replacement of expired signage with new signage at the area, or for stickers to be added to existing signs with the new expiry date. Stickers would cost approximately $50 per sticker. If required, new signs could be affixed to the existing galvanised poles at a cost of approximately $100 per installation. If a new AFZ was established, signage with a new pole would cost approximately $200 per sign.

Item	$ Excl GST
Expenditure Detail
New sign with post	200.00
Replacement sign – existing post	100.00
Update date stickers on existing signage	50.00
Total Expenditure
	Variable depending on number
Source of Funds
Certification and Compliance

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

New signage if AFZ is re-established or new AFZ agreed

New sign with post 200.00

Replacement sign 100.00

Update date stickers 50.00

Legal /Policy

The Ministerial Guidelines on Alcohol Free Zones (AFZs) have been prepared under section 646 of the Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This approach aligns with the Bega Valley Community Strategic Plan 2042:

· Theme A: Our community – We are a vibrant, respectful, inclusive and connected community that enjoys a culturally rich community life.

· Strategic Objective: Our shire continues to be a safe and affordable place to live.

· Strategy A.8: Ensure community safety is planned for and partner with other agencies to address issues related to community safety

Environment and Climate Change

There are no environmental or climate change impacts based on the recommendations of this report.

Economic

There are no economic impacts based on the recommendations of this report.

Risk

AFZs empower the police to take action if alcohol is being consumed within the designated areas. It mitigates risk of debris, including broken glass, and anti-social or irresponsible behaviour in public places.

Social / Cultural

Community safety and the perception of safety are important factors in activating public places. Re-establishment or establishment of AFZs have the potential to improve public safety and reduce the risk of irresponsible or dangerous behaviour in these areas.

Attachments

Nil

Council 17 August 2022

Item 9.1

9.1. 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 1 June 2022.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 1 June 2022 and tabled at the 17 August 2022 Council meeting.

1. Reboot in Bermagui 2022 – Fun Run on Saturday 1 October 2022

1. That the proposed arrangements involving sections of road reserves in Tilba Road, South Tilba Road, Wallaga Lake Road, Keating Drive, Narira Street, Wapengo Street, Lamont Street, Bermagui for the ReBoot in Bermagui Fun Runs on Saturday, 1 October 2022 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

2. That the proposed arrangements involving road crossings at the intersections of Keating Drive/Wallaga Lake Road, Narira Street/Wallaga Lake Road, Wapengo Street/Wallaga Lake Road, Lamont Street/Bermagui Fishermans Wharf access road, Lamont Street/Lions Park car park access, Lamont Street/ Dickinson Park access roads, Bermagui for the ReBoot in Bermagui Fun Runs on Saturday, 1 October 2022 be supervised by qualified Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

3. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate Safework NSW and TfNSW Accreditation.

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

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

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

7. That the event achieves all conditions of Council’s Use of Public Land approval.

8. 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.

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

10. That the event operates strictly under the NSW Health Department COVID 19 conditions.

2. Reboot in Bermagui 2022 – Bicycle Ride on Sunday 2 October 2022

The representative of the Local Traffic Committee (LTC) have again raised concerns regarding the proposed peloton style community group social bike ride from Bermagui’s Dickinson Park to the Cobargo Showground and back, proposed for Sunday 2 October.

After consideration, members of the LTC agreed on the event being able to go ahead.

Police and TfNSW have some concerns regarding the road environment, topography and traffic flow for the proposed Bermagui to Cobargo route, but this being said, Police do not object to the proposition of the event being held.

TfNSW would like it noted in the minutes that a full, partial, or moving road closure would be a preferred option to manage this cycle event on the Sunday 2 October 2022

Therefore, the event is recommended for approval under the following additional conditions:

1. That the proposed arrangements involving sections of road reserves in Wallaga Lake Road and Cobargo Bermagui Road for the ReBoot in Bermagui Bicycle Ride on Sunday, 2 October 2022 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and TfNSW Traffic Control Guidelines.

2. As advised by the event organiser’s, due to the expected low number of competitors, the event is limited to a maximum of 50 riders.

3. All participants will need to be 16 years old or older.

4. As this is not a race, the proposed peloton length is not to exceed 100 metres from lead rider to end rider.

5. There are to be two escort vehicles, one lead, one rear, in addition to a support vehicle. The support vehicle is to collect stragglers or injured riders, along with their bicycles and remain with the event distant from the rear escort vehicle and alerting approaching vehicles of the event ahead.

6. The lead escort vehicle shall be sufficient distance ahead of the peloton to advise approaching motorists of the approaching event.

7. The rear escort vehicle is to stay with the rear of the peloton to alert approaching motorists of the event and to prevent other vehicles entering the peloton.

8. The event organisers are to place advertising signs on either end of the Cobargo Bermagui Road alerting motorists of the upcoming event. The signs shall indicate the date of the event, the start and finish time, and alerting motorists of minor traffic delays.

Refer attachment: Combined Bermagui ReBoot Application

3. Installing line marking and No Stopping signs – Merimbula Airport

That Council approve the installation of No Stopping zone as shown on the submitted plan referenced as Plan Number 5082 as shown in the Merimbula Airport Linemarking Report

Refer attachment: Merimbula Airport Linemarking Report

4. Imlay Street Zebra Crossing

That Council approve the recommended locations for these crossings as described in the attachment.

Refer attachment: Imlay Street Crossings – DESIGN - REV B

5. Zingel Place Zebra Crossing

That Council approve the recommended location for the crossing as described in the attachment.

Refer attachment: Zingel Place Zebra Crossing

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

Reboot in Bermagui 2022 – 1-2 October 2022

An application for the annual ReBoot in Bermagui event has been received for Saturday, 1 October and Sunday, 2 October 2022. The event incorporates different activities on the Saturday morning, including fun runs on Saturday from Camel Rock to Dickinson Park, from Dickinson Park to Wapengo Street and return; kids run from Dickinson Park to Bermagui Bridge and return. All fun runs finish in Dickinson Park beside the fenced playground opposite the Bermagui Beach Hotel. No road closures are required for this event.

Two main events on Sunday morning are the community social bike ride from Dickinson Park to Cobargo Showground and return under escort by Platinum Traffic Services and the ocean swim at Horseshoe Bay Beach where safety will be provided by the local Bermagui Surf Lifesaving Club and Bermagui Marine Rescue.

Other events over the 2 days include yoga, tai chi and tug-o-war which will be held in grassed areas of Dickinson Park.

Installing line marking and No Stopping signs – Merimbula Airport

In addition to the previous request for Restricted Parking Area and End Restricted Parking Area. Councils Manager of Project Services would like to propose 3 Options of linemarking for parking within this area freeing up 38, 40 and 47 car spaces.

The spaces will remain untimed with the 2hr parking area to the North of the terminal to remain as short-stay parking.

It is acknowledged that car parking at the Airport is an ongoing issue and this is an interim measure to address some of the current parking issues.

The revised Airport Masterplan will look at long term solution(s) to the current carparking at the Airport.

Imlay Street Zebra Crossing

Councils Engineering Design Department have proposed 4 possible zebra crossing locations on Imlay Street Eden. The existing pavements are painted blue, a non-regulatory colour for pavement markings and traffic calming devices in NSW. This existing form creates confusion for motorists and pedestrians, as the markings are non-regulatory and do not indicate whether the motorist or pedestrian has right-of-way. The proposal is to convert two (2) of the existing crossing locations to a Pedestrian (Zebra) Crossings by providing new signage and line marking.

The LTC have discussed the most appropriate locations and have chosen the 2 most suitable locations for these crossings.

Zingel Place Zebra Crossing

Councils Engineering Design Department have submitted a request to convert the existing blue painted area in front of the Zingel Place administration building to a pedestrian crossing. The existing pavement is painted blue, a non-regulatory colour for pavement markings and traffic calming devices in NSW. This existing form creates confusion for motorists and pedestrians, as the markings are non-regulatory and do not indicate whether the motorist or pedestrian has right-of-way. The proposal is to convert the existing crossing location to a Pedestrian (Zebra) Crossings by providing new signage and line marking. This proposal would be compliant with the HPA Area existing in Zingel Place.

Options

That that Council endorse the Officer recommendations in full.

Community and Stakeholder Engagement

Engagement undertaken

There has been no specific community engagement associated with this report

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

There are no significant strategic, operational, asset management plan or risk issues associated with this report.

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 ⇩. Combined Bermagui ReBoot Application

2 ⇩. Merimbula Airport Linemarking Report

3 ⇩. Imlay Street crossings - DESIGN - REV B

4 ⇩. Zingel Place Zebra Crossing

Council 17 August 2022

Item 9.2

9.2. Pambula Sports Building Funding

The report provides an overview of funding options for the Pambula Sports Building project.

Director Assets and Operations

Officer’s Recommendation

1. That Council confirm the Pambula Sports Building project is the priority major project for external funding within the Parks, Aquatics and Recreation asset categories

2. That Council continues to apply for external grant funding to progress with the project

3. That Council confirm that it will contribute up to one third of the total project value to support funding applications to be funded by the future Section 7.11 and 7.12 Local Infrastructure Contributions Program or borrowings

4. That a further report be brought to Council following the outcomes of the Building Better Regions Fund and the soon to be submitted NSW Office of Sport funding program

5. That Council write to the Local Federal Member seeking feedback on the progress of assessment of the Building Better Regions fund and requesting advice on other suitable federal funding opportunities to progress the Pambula Sporting Complex project

Executive Summary

Council has been working on a major project to renew and upgrade sporting facilities at Pambula Sporting Complex. The sports building project is a key element within the Pambula Sporting Complex Masterplan endorsed by Council in 2016. The project replaces 3 aged and non-compliant buildings with a single multiuse pavilion building as well as ancillary improvements.

At the Council meeting on 18 May 2022, Council considered the report 9.4 Project Update – Bega and Pambula Sports Building Projects. That report gave an overview of the projects, particularly a funding shortfall on the Bega project. Following this a variation request to rescope the current Office of Sport funding agreements for the Bega and Pambula projects was submitted to enable Bega Sportsground project to move forward and for future funding applications to be submitted for the Pambula Sports Building project.

This report provides an overview of funding options and BVSC contributions expected to be required to support grant funding submissions, and recommended actions to move forward with the project.

Background

At the Council meeting on 18 May 2022 Council considered the report 9.4 Project Update – Bega and Pambula Sports Building Projects and resolved:

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. That Council reinforce its commitment to ensure delivery of both projects. Council staff will look at alternative options to finance the Pambula project as a contingency if grant funding is not successful.

The variation requests were submitted to the NSW Office of Sport (OOS) on 7 June 2022. Council staff have discussed the variation requests with staff at the OOS and understand that all information is in order. On 29 July 2022 we received confirmation of the variations of the NSW Office of Sport Funding for the Pambula and Bega Projects. However, at the time of drafting, we are waiting on a response from the Federal Building Better Regions Program applications (Bega and Pambula projects) submitted in February 2022.

As discussed in the previous report staff have been looking at funding opportunities for the Pambula Sports building project.

The NSW Office of Sport Multi-Sport Community Facility Fund aligns well with the Pambula project. Applications close on 2 September 2022. Staff have begun collating information to submit a funding application. This funding program (and most grant programs) requires a significant applicant contribution which is discussed further in the financial section of this report. Final tender issue documentation for the Pambula Sports Building project is complete and once funding is confirmed it is expected the project will be put to market in a matter of weeks.

Options

It is noted Item 4. of the Council 18 May 2022 Council resolution states:

Options to fund Parks, Aquatics and Recreation capital projects including the Pambula Sports building project are outlined below.

External Grant Funding: Sourcing external grant funding is the favoured option however it is common for grant programs to require project contributions from the applicant. If Council is to make further applications through the OOS, Council will need to confirm a contribution of 50% of the grant amount requested (a third of total project cost). The possible sources of the BVSC contributions are discussed below. It should be noted that to date BVSC has not been required to commit funding to either the Bega Sports Building or Pambula Sports Building projects under OOS funding. To date, all the $12.5m funding identified for these projects has been externally sourced. There may be the opportunity to try and apply for other smaller scale grants to cumulatively reach the funding amount required, however this approach is considered higher risk at this stage.

Section 94 and 94A Contributions Plan 2014: These contributions and levies from development consents are for the purpose of providing, extending or augmenting local infrastructure for the use of the community. The current BVSC Section 94 and 94A Contributions Plan 2014 is under review and is programmed to be reported to Council in early 2023. It is anticipated the Pambula Sporting Complex Master plan projects will be included in the revised plan Local Infrastructure (s7.11 and s7.12) Contributions Plan; and the project could be prioritised within the plan.

BVSC Recreation Special Rate Variation (SRV): The current Recreation SRV provides approximately $600k per year. This funding is annually spent on recreation capital projects. While it is the primary internal BVSC funding source for Parks and Recreation projects, it is not enough to meet Council’s asset renewal requirements. This funding is usually used as ‘seed funding’ to leverage grants across a range of Parks and Recreation projects (typically 80% – 90% of project value is grant funded). Using the Recreation SRV to fund a single large project would drastically limit other projects and the required asset renewal program for many years as those funds would not be available to ‘seed fund’ other projects.

BVSC General Fund: The General Fund is the primary revenue stream to Council through rates, fees and charges, leases and licences and other investment income. Currently there are very few capital works funded from the general fund in Parks and Recreation. To fund such a large project from the general fund would require a significant number of other projects and services to be deferred.

Future Borrowing: It is not unusual for Council to borrow funds to finance projects, particularly where there is a clear need and direction for the project to progress. The benefit in this is that the project gets underway in the short-term limiting the risks associated with future cost escalation. This borrowing can be funded from some or all the internal (BVSC) funding streams above.

While this report relates to a specific project the information above is general and needs to be considered in the context of all capital works. The ongoing funding challenge is discussed further in the asset management section of this report. The key aspect to note being if BVSC was to solely fund a major project it would have a dramatic impact on capital works delivery across the Parks and Recreation (PAR) asset categories.

Moving forward, the Pambula Sports Building Project has much of the strategic design planning already completed. It is a worthy project and aligns well with grant funding program criteria and opportunities. It is the priority PAR project for major project funding applications.

It is recommended that the anticipated BVSC contribution to the project be funded by borrowings funded from future Local Infrastructure Contributions Plans. Estimated BVSC funding contribution amounts are outlined below and will be reported in future budget cycle reports. It is important to note that the next long term financial plan review would need to be modified to reflect this approach.

Community and Stakeholder Engagement

Engagement undertaken

The Mayor, Councillors Nadin and Porter, and Council staff have met with the with the Pambula Sports Building Project Control Group (PCG) since the 18 May 2022 Council meeting. The meeting provided an update on the funding challenges outlined in the report and reiterated that Council was continuing efforts to source additional funding.

Engagement planned

Engagement will continue with the PCG, 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

At the time of drafting staff were awaiting quantity surveyors report on the final tender issue documentation. The estimated project costing below includes the sports building project and associated services, parking and access.

Item	$ Excl GST
Expenditure Detail
Pambula Sports Building and Associated Works estimate	$6m


Total Expenditure (Estimated)	$6m

Source of Funds
External Grant Funding – OOS Multi Sport (Pending successful funding application)	$4m
BVSC Project Contributions (source TBC)	$2m
Total income available	$6m

Estimated Total Project Capital Cost	$6m
Total Available Construction Funding	TBC
Project Funding Shortfall	*$6m*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Capital Investment | Renewal, Upgrade, New

$6m

Annual maintenance and operational costs

$76k

Depreciation costs

Building item	Useful Life	Build %
Structure	100	40
Fabric	60	20
Fit-out	30	20
Services / Mechanical	30	10
Carpark / Access	60	10
Total		100

$114k

User charges (annual income)

$72k

Legal /Policy

There has been no change to legal / policy matters since the project was last reported to Council on 18 May 2022.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Pambula Sports Building project is included in the 2022/23 BVSC Operational Plan.

Delivery Program: D5.4 - Undertake capital projects to improve recreation facilities, boating infrastructure, public toilets and sporting grounds and facilities.

D5.4.5 Progress with and deliver projects - Sports - Bermagui Stadium Renovations, Bermagui Outdoor Courts, Barclay Street Soccer Floodlights, Pambula Sports Building, Bega Sports Building

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. The adopted Pambula Sporting Complex Masterplan includes elements and improvements linking to the renewal of existing assets. The project will replace 3 existing aged buildings at each site. The value of the ‘asset renewal’ component of the project is $3.37m.

The adopted Recreation Asset Management Plan 2017 (RAMP) is currently under review and once finalised will become the Parks, Aquatics and Recreation Asset Management Plan 2022. This plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans. This plan also identifies that there is a large gap in the forecast asset renewal requirements and current available funding. To fully fund the forecast asset renewals will need a very large increase in capital funding committed to Parks, Aquatics and Recreation (PAR) Assets.

Fundamentally it needs to be understood and accepted that there is a large PAR asset portfolio. If BVSC was to solely fund a major project it would have a dramatic impact on capital works delivery across the full PAR asset category. It needs to be understood and accepted that major projects need significant external funding contributions to progress.

Success in sourcing external funding for large projects leads to a strong importance on strategic planning and prioritising which large projects will be the focus of BVSC external funding efforts. Undertaking this work demonstrates to funding partners that thought, consultation and planning has gone into project development and that the external funding will deliver value for investment and positive outcomes for the community. It will also demonstrate clear community benefits and links to funding program criteria. This work has been completed for the Pambula Sports Building project and as stated above it is the priority project within the PAR asset category for external funding.

Environment and Climate Change

There has been no change to environment and climate change matters since the 18 May 2022 Council report.

Economic

There has been no change to economic benefits since the 18 May 2022 Council report.

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

Risk

Project funding and delivering the project within the available budgets had been identified as a primary risk. The Pambula Sports Building project tender documentation is complete. A quantity surveyor has been engaged to complete a cost estimate on the tender documents. This will form the basis of the project value included in forward budget estimates, project cost planning and funding applications.

Social / Cultural

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

Attachments

Nil

Council 17 August 2022

Item 9.3

9.3. RFT 2122-015 Coopers Gully Road Disaster Recovery Funding Arrangements (DRFA) Transport Infrastructure Repairs

This report outlines the evaluation of RFT 2122-015 Coopers Gully Road, DRFA transport infrastructure repairs and recommends award of the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the recommendations outlined in the confidential attachment

2. That Council accepts the tender from <insert> in relation to contract for the works described in tender RFT 2122-015, in the amount of <insert> (excluding GST), subject to variations and provisional sums

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2122-015

4. That all tenderers be advised of Councils decision

Executive Summary

This is a medium-scale disaster restoration project, with works located in the locality of Coopers Gully, north of Bega. The project aims to rectify damages caused by the May 2021 flood event and is funded under the Australian Government Disaster Recovery Funding Arrangements (DRFA). The project has defined completion dates, determined by the DRFA guidelines, which will be enforced by the authorising agency, Transport for NSW.

The procurement process has been carried out in accordance with standard Council procedure. The project will be fully funded under the DRFA. No significant risks or liability to Council has been identified in relation to community and stakeholder engagement, environmental, economic or social impacts.

Background

The project involves the restoration of 38 damages within the Coopers Gully locality, north of Bega, caused during the following declared natural disaster event:

· AGRN 970 flood event – May 2021

The key objectives of the project are:

· Complete all works within the specified timelines to align with DRFA funding requirements

· Deliver works within the allocated budget

· Ensure the quality of work detailed in specifications and standards are achieved

· Ensure that personnel working on-site, members of the community and visitors to the site are adequately protected from risk of injury or illness

· Ensure that appropriate environmental protection measures are implemented on works undertaken within the work areas

All thirty-eight damages have been scoped and estimated, with approval endorsed by Transport for NSW that the proposed restoration aligns with the DRFA guidelines. Works are to be performed on various asset types including:

· Embankments

· Road – culverts/floodway’s

· Unsealed roads

· Stormwater infrastructure

The works have been priced utilising a schedule of rates. During the planning phase of the project, it was deemed the damage scopes aligned predominantly with maintenance and minor works activities (see below definition). Relevant Transport for NSW specifications will be used to ensure activities are carried out to align with Council expectations however, no engineering design or detail has been prepared.

· Maintenance and minor works: that did not require an engineering design. Typical types of damages included repairs to table drains, desilting and repair to stormwater infrastructure, unsealed road repairs, and minor embankment repairs

Options

1. Proceed with the recommended tenderer.

Allows commencement of works to align with tender program which meets DRFA delivery timeline requirements and reduces risk of likelihood further deterioration of the damage site locations to occur. Pricing falls within allocated budget

2. Reject recommended tenderer.

This would increase the likelihood in extended delivery timelines which could result in missed DRFA deadlines and subsequent retraction of agreed funding. And increases the likelihood of further deterioration of Council's transport assets

Community and Stakeholder Engagement

With the focus of the project being the restoration of existing assets, with a small component of the Bega Valley population affected this project is deemed low on the community scale and impact level. The project team will ensure the inform level of engagement with the community and other key internal and external stakeholders as identified below before the project is undertaken:

· BVSC Procurement team

· BVSC Assets and Works teams

· BVSC Media

· BVSC Waste services

· Transport for NSW

· Local residents

· Relevant bus service companies

· Department of Primary Industry (Fisheries)

· Bega local aboriginal land council

Engagement undertaken

Council utilised the available communication options i.e BVSC website and social media, and the local media outlets to inform community of impacted infrastructure during the May 2021 flood event. Subsequent communication of emergency repairs was provided during the response activities.

Council has continued to engage with external agencies including Transport for NSW and OEM to ensure the response and recovery to the natural disaster was in line with legislative requirements and promote best practice in disaster recovery.

Engagement planned

The project team will continue to engage with key stakeholders throughout the remaining phases of the project. There is a commitment to inform, through project updates using standard communication mediums.

The successful tenderer will be required to ensure stakeholders and community expectations are well managed throughout the construction phase. A communication and liaison plan has been submitted by the tenderers which aligns with the requirements set in Council’s adopted community engagement strategy.

Financial and Resource Considerations

Disaster Recovery Funding Arrangements provides Council with an approved total estimated restoration cost (TERC) budget to carry out the delivery of works. Cost control measures are in place during the procurement and delivery process to ensure the project is completed within the approved TERC.

Refer confidential memo for table displays of expenditure against available income for RFT 2122-015.

Legal /Policy

The tender process for RFT 2122-015 was compliant with the Local Government Act 1993 and in accordance with Bega Valley Shire Council Policy 6.08 Procurement of Assets and Services.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

6: Strong, Consultative leadership
6.12: Our council is financially sustainable and services and facilities meet community need
6.12.25: Coordinate the planning and implementation of the disaster recovery infrastructure program
Action: Delivery of funded infrastructure replacement projects

Environment and Climate Change

A Review of Environmental Factors (REF) was undertaken for the Coopers Gully locations during the planning phase of the project. The REF identified no significant impacts are likely however there was a requirement for a Fisheries Permits to be prepared for works relating to a bridge embankment repair. The project brief and specification detail the environmental impacts considered and safeguards required to minimise impacts.

The contractor is required to produce an environmental management plan meeting the requirements of government regulations and industry guidelines during construction activities, which will be monitored by Council and project staff.

Economic

The Disaster Recovery Funding Arrangements (DRFA) are a joint funding initiative of the Australian and State Governments to provide disaster relief and recovery payments and infrastructure restoration to help communities recover from the effects of natural disasters.

Risk

The RFT evaluation included an assessment against quality and price criteria to allow Council to achieve a value for money outcome balanced on quality, price and risk.

A contingency amount is included in project cost to address latent conditions during construction phase. Consistent with the conditions of contract, all variations will be approved by Council prior to implementation.

A risk assessment will be maintained throughout the duration of the construction works and staff will monitor all risks associated with safety, environment, budget, program and community engagement.

Social / Cultural

A desktop AHIMS assessment was carried out which identified it was unlikely the works would pose any significant risk to aboriginal heritage. No social impacts were identified.

Attachments

1 . 2022.08.17 Confidential Memo RFT 2122-015 Coopers Gully Road DRFA Restoration Works (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

Council 17 August 2022

Item 10.1

10.1. Road transfer request - DA 2003.95 Stanley Street, Eden

This report seeks a resolution from Council to revoke part of resolution 104/21 regarding an application for the transfer of Crown Road in Eden under Development Application 2003.95.

Director Business & Governance

Officer’s Recommendation

1. That point 2 of resolution 104/21 be revoked.

2. That Council progresses the road transfer application for the sections of Stanley and Curalo Streets, Eden described in Development Application 2003.95.

3. That Council enters into a Deed of Agreement with the applicant outlining road construction and maintenance obligations prior to progressing the road transfer application.

4. That all costs associated with this matter be borne by the applicant.

5. That the Mayor and Chief Executive Officer be delegated authority to negotiate, finalise and execute the Deed of Agreement and the official seal of Council be affixed to the document.

6. That Council delegate authority to the Mayor and Chief Executive Officer to negotiate a Deed of Agreement for any future Crown Road transfer matter where there is a need for the road to be upgraded to Council’s construction standard and Council hereby authorise its official seal to be affixed to the documents under the signature of the Chief Executive Officer and Mayor.

Executive Summary

This report follows a resolution of Council from its Ordinary Meeting of 3 November 2021, outlines the outcome of the resolution and proposes a way forward regarding the road transfer application for the sections of Stanley and Curalo Streets, Eden.

Background

At the ordinary meeting of Council held 3 November 2021, an item was considered whether to accept or decline the transfer of a Crown Road in Eden as part of Development Application 2003.95 (DA 2003.95). It was resolved as follows:

This report seeks council to revoke dot point 2:

2. That Council advise the applicant that it does not consent to the transfer of parts of the Crown road described in the application to Council until such time as the road is constructed to a standard acceptable to Council.

A copy of the report of 3 November 2021 is attached for the information of councillors and provides the full background on this matter. The report recommended Council did not become the roads authority until construction of the road took place to avoid Council unnecessarily taking control of the road reserve in the event the development did not proceed.

Following the resolution, Council officers advised the applicant the road needed to be upgraded to Council’s construction standard prior to transfer to Council. The advice from Crown Lands is that they would not approve these works as the landowner. As a development consent has been granted by Council, it would trigger the need to transfer the road to Council prior to the issuing of a construction certificate.

There are two types of transfers administered by Crown Lands on behalf of the Minister as follows:

1. Crown Road transfer at the request of Council or another roads authority.

2. Transfer initiated by Crown Lands, where a Crown Road is assessed as having a future use that exceeds the original intention of providing an avenue of legal access.

It is Crown Lands view that as Council has approved this under DA 2003.95, Council is required to initiate the transfer prior to the issuing of a construction certificate.

As a way forward it has been suggested that Council progress the road transfer application for the sections of Stanley and Curalo Streets, Eden described in DA 2003.95 and enter into a Deed of Agreement with the applicant outlining the requirement for the sections of road to be upgraded to Council’s construction standard.

Options

The options available Council are as follows:

1. Approve an application to Crown Lands requesting the transfer of parts of the Crown Road described in this report to Bega Valley Shire Council as roads authority on the condition that a formal Deed of Agreement is executed outlining the responsibilities of the applicant to upgrade the road to Council’s construction standard. Noting this option comes with risks to Council as outlined in the risk section of this report.

2. Not support the application for road transfer requested by the applicant under DA 2003.95 and advocate to the Minister for Regional Transport and Roads, Minister for Lands and Water and Minister for Regional Development, Local Government and Territories on behalf of the applicant.

3. Other options, as raised and resolved by councillors.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have been liaising with Caddey Searl and Jarman and Crown Lands regarding the application. If Crown Lands gave landowner consent for the proposed works in the road reserve this would enable the applicant to receive a subdivision works certificate from Council, which would then allow the road to be built to Council standard and then Council would take ownership but Crown Lands have advised they will not approve these works as the landowner, therefore the alternate approach of entering into a Deed of Agreement with the applicant has been proposed to enable the matter to move forward.

Engagement planned

Council officers will continue to consult with Caddey Searl and Jarman and Crown Lands to action any resolution of Council.

Financial and Resource Considerations

This matter has no direct financial impact upon Council's adopted budget as there are no fees payable by Council to lodge a road transfer application to Crown Lands, once Ministerial consent is granted to the road transfer, Crown Lands at its own cost administer the transfer and publish a notice in the NSW Government Gazette. Once the parts of the road transfer have been gazetted, those parts will become a Council road asset.

The applicant will be required to bear full responsibility for all costs associated with this matter including the preparation, negotiation, and execution of the Deed of Agreement.

Legal /Policy

A Crown Road transfer to Council takes place under section 152I of the Roads Act 1993 (NSW).

For a Deed to be binding under general law, the Deed must be in writing, have a seal on the document and be delivered to the other party to the Deed.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan (CSP) strategic objective: Our public and private infrastructure and community services meet community needs:

D.1 Plan for community infrastructure and services that will meet current and future needs.

Delivery Program 2022-25 Action: D1.1 - Plan for asset capital works.

As outlined in the report of 3 November 2921 Council has been advocating to the Minister for Regional Transport and Roads in relation to Crown roads not being transferred to Council until upgraded by the developer and proposed a way forward to the Crown Land Commissioner, as well as submitting a list of roads in urban areas that would address the situation. To date, Council has not been successful in this advocacy.

Environment and Climate Change

Should the road be constructed there will be some environmental impacts typical of any road construction.

Economic

There are no additional economic matters associated with this report that are not already addressed in this report.

Risk

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

· Reputational risk in relation to the community's view on how Council is handling the proposal from the applicant.

· Financial risk in relation to the proposal from the applicant as there is a risk to Council if the applicant does not progress road construction to Council standard, Council will need to take legal action to force the Deed which would have a financial impact on Council’s adopted budget.

· There is a risk if the road transfer takes place and the development does not go-ahead Council will be burdened with the ownership of the unformed road reserve, with a false expectation that Council will maintain the existing poorly constructed access track.

· There is a risk that if the roads are owned by Council, not constructed but are essential for asset protection zones (APZ) pertaining to private land that Council will be perceived as being responsible for APZ maintenance.

Social / Cultural

As noted in the report of 3 November 2021 the proposed development contributes to housing supply within the shire.

Attachments

1 ⇩. Council report dated 3 November 2021 - Road transfer request - DA 2003.95 Stanley Street Eden

Council 17 August 2022

Item 10.2

10.2. Review of Council Policies - adoption of exhibited documents Batch 2 submissions received

This is a follow up report to Council on policies that have been reviewed by relevant council officers in accordance with Section 165 of the Local Government Act 1993, reported to Council on 18 May 2022, placed on public exhibition until 10 July 2022 and council has received a submission about the proposed policy.

Director Business & Governance

Officer’s Recommendation

1. That Council adopt Policy 6.16 Community Engagement with the amendments as outlined in this report.

2. That Council note the submission received on Policy 3.07 Climate Change, and adopt the policy as endorsed at the Council meeting on 18 May 2022.

3. That the adopted documents 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.

Two policies received

A review schedule was proposed and endorsed by Council at its meeting on 20 April 2022. A copy of that report can be viewed here: 10.3 Review of Council Policies - Batch 2 Recommendation and Minute. The documents were endorsed by Council and exhibited for submission for 42 days. Submissions closed on 10 July 2022.

Two policies received submissions. Policy 6.16 Community Engagement and Policy 3.07 Climate Change. The submissions have been reviewed and this report provides the recommended action by Council when adopting the policy at this meeting.

Background

A separate report is presented in this agenda for the adoption of policies exhibited where no submissions were received.

Submissions were received as outlined in the summary below. Full copies of the submission are attached.

Policy	Submitted by	Proposed amendments	Proposed Action
6.16 Community Engagement	Robert Kingston	The addition of a further dot point under 1.4.1 Policy Statement to include the need to evaluate and report on the effectiveness of all community engagement strategies	An additional dot point has been added. • Council will review community engagements in an ongoing manner to ensure they are effective and meet the intended goals. The recommended policy with the amendment is attached to this report for adoption. It is important to note that engagement generally includes a range of different ways for the community to provide input. These need to be considered holistically when assessing effectiveness of an engagement process.
3.07 Climate Change	Robert Kingston	Annual report to the community on the progress in the implementation of Council’s Climate Change policy. This will include reporting on the progress and updating the targets to reduce greenhouse gas emissions.	Council staff are reviewing the mechanisms available for reporting on progress under the Climate Change policy, as well as the resourcing and financial implications of formal reporting. This will be included in any supporting procedures.

Policy

Submitted by

Proposed amendments

Proposed Action

6.16 Community Engagement

Robert Kingston

The addition of a further dot point under 1.4.1 Policy Statement to include the need to evaluate and report on the effectiveness of all community engagement strategies

An additional dot point has been added.

• Council will review community engagements in an ongoing manner to ensure they are effective and meet the intended goals.

The recommended policy with the amendment is attached to this report for adoption.

It is important to note that engagement generally includes a range of different ways for the community to provide input. These need to be considered holistically when assessing effectiveness of an engagement process.

3.07 Climate Change

Robert Kingston

Annual report to the community on the progress in the implementation of Council’s Climate Change policy. This will include reporting on the progress and updating the targets to reduce greenhouse gas emissions.

Council staff are reviewing the mechanisms available for reporting on progress under the Climate Change policy, as well as the resourcing and financial implications of formal reporting.

This will be included in any supporting procedures.

Options

Council has the following options when reviewing its policies:

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.

The draft policies listed above were on public exhibition for a period of more than 42 days and members of the public were given the opportunity to make submissions on the draft policies.

Engagement planned

No further engagement is required prior to adoption of the documents.

Financial and Resource Considerations

Review of Council’s policies is a core function of Council’s governance service 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.

This review process ensures Council’s policies are 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 FY2023 integrated planning and reporting:

· CSP Strategy E.8

Council has a governance framework that promotes and guides accountability and transparency

· Delivery Program E.8.1

Develop and implement good governance systems

Environment and Climate Change

There are no environmental or climate change impacts related to the review of council policies.

Economic

There are no economic impacts by 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

Regular review of council’s policies and availability of those policies and associated procedures on Council’s website ensures the community is informed about how council complies and implements legislation.

Attachments

1 ⇩. Submission received on Policy 3.07 Climate Change

2 ⇩. Submission received on Policy 6.16 Community Engagement

3 ⇩. Draft Policy 6.16 Community Engagement v 3

Council 17 August 2022

Item 10.3

10.3. Review of Council Policies - adoption of exhibited documents Batch 2

This report finalises the adoption of Council policies that have been reviewed by relevant council officers in accordance with Section 165 of the Local Government Act 1993, reported to Council 18 May 2022 and exhibited for comment until 10 July 2022.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note that there were no submissions received regarding the policies listed in item 2 following public exhibition

2. That Council adopts the following policies as endorsed on 18 May 2022:

a) Policy 1.08 Parks, Aquatics and Recreation

b) Policy 3.01 Development Administration

c) Policy 3.02 Environmental Management

d) Policy 3.05 Environmental Sustainability for Council Operations

e) Policy 4.09 Families and Children

f) Policy 4.12 Environmental and Public Health

g) Policy 4.14 Burning Off in Open Areas

2. That Council revoke Policy 1.07 Public Reserve Management

3. That the adopted documents be published on Council’s website

Executive Summary

Council placed 11 policies on public exhibition after its meeting on 18 May 2022. The exhibition period was for a total of 42 days.

Following public exhibition and receiving no submissions, this report recommends adoption of 7 policies that were presented on 18 May 2022 and revoking of 1 policy. The report can be found here.

A separate report has been presented to Council about policy 3.07 Climate Change and 6.16 Community Engagement as 2 submissions were received and are to be considered prior to adoption.

Background

Council adopted a review schedule at its meeting on 20 April 2022. The schedule included a total of 60 policies that required review. To facilitate the review process, the documents were separated into five (5) batches.

Batch 2 of the policies was presented to Council at its meeting on 18 May 2022. The documents were endorsed by Council in draft form and exhibited for 42 days. Submissions closed on 10 July 2022. There were no submissions made during the 42-day public exhibition period for the documents listed below:

a) Policy 1.07 Public Reserve Management (recommended to revoke)

b) Policy 1.08 Parks, Aquatics and Recreation

c) Policy 3.01 Development Administration

d) Policy 3.02 Environmental Management

e) Policy 3.04 Biosecurity and Weed Management

f) Policy 3.05 Environmental Sustainability for Council Operations

g) Policy 4.09 Families and Children

h) Policy 4.12 Environmental and Public Health

i) Policy 4.14 Burning Off In Open Areas

Submissions were received for two policies that will be dealt with in a separate report in this agenda.

j) Policy 3.07 Climate Change

k) Policy 6.16 Community Engagement

Options

Council has the following options when reviewing its policies:

1. Adopt the policy documents with no changes

2. Amend the policies by resolution to reflect any adjustment of council’s policy position.

3. Revoke any or all of the policies listed above.

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.

The draft policies listed above were on public exhibition for a period of 28 days and members of the public were given the opportunity to make submissions on the draft policies.

Engagement planned

No further engagement is required prior to adoption of the documents.

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.

This 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 direct environmental or climate change impacts related to the process of adopting policies by Council.

Economic

There are no economic impacts as aa result of the policy review process.

Risk

Social / Cultural

Regular review of Council’s Policies and availability of those policies and associated procedures on Council’s website ensures the community is informed about how Council complies and implements legislation and organisational strategies.

Attachments

Nil

Council 17 August 2022

Item 10.4

10.4. Adoption of Policy 6.23 - Payment of Expenses and Provision of Facilities to Councillors

Council must adopt an expenses and facilities policy that complies with sections 252 and 253 of the Local Government Act 1993 and the Office of Local Government’s (OLG) Guidelines for the payment of expenses and the provision of facilities for mayors and councillors in NSW.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the update to section 1.4.2.1 of Policy 6.23 Payment of Expenses and Provision of Facilities for Councillors and the policy be exhibited for a period of at least 28 days and that submissions be received for 42 days.

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

Executive Summary

Councils are required to have a policy for payment of expenses and provision of facilities which must comply with sections 252 and 253 of the Local Government Act 1993 and the Office of Local Government’s (OLG) Guidelines for the payment of expenses and the provision of facilities for mayors and councillors in NSW.

These guidelines and the Local Government Act require that this policy is placed on exhibition for community consultation and comment prior to adoption by Council.

The operational budget for Councillor fees and expenses in financial year 2022/2023 (FY2023) is $389,450.

Background

Policy 6.23 Payment of Expenses and Provision Facilities for Councillors was prepared using the template provided by the Office of Local Government and reported to Council on 11 January 2022 for endorsement and exhibition. No submissions were received at that time and the Policy was issued on 7 March 2022. The report can be found here 3.4. Adoption of Policy 6.23 - Payment of Expenses and Provision of Facilities to Councillors

This policy is required to be reviewed annually to ensure that it aligns with Council’s adopted budget for FY2023. Section 1.4.2.1. The draft document presented for exhibition includes the new monetary limits in accordance with the adopted 2023 financial year budget.

Options

The recommended policy meets the requirements of Sections 252 and 253 of the Local Government Act 1993 and the amounts included are aligned with the adopted FY2023 budget.

Council has options to amend the budget allocations for the payment of expenses and provision of facilities at any time through the financial year.

Community and Stakeholder Engagement

Engagement undertaken

The policy was exhibited using Council’s “Have Your Say” page on the Bega Valley Shire Council website. Submissions were received for 42 days as required under the Local Government Act. No submissions were received during the exhibition period.

The document attached for adoption is presented in Council’s updated policy format. The content changes are limited to section 1.4.2.1 Table 1: Elected officials adopted budget – financial year 2023.

Engagement planned

No further engagement is required.

Financial and Resource Considerations

Council has adopted the FY2023 budget which includes an allocation amount for payment of Councillors facilities and expenses as outlined in the table below.

Payment of Councillor fees are determined by the Local Government Remuneration Tribunal Determination with an upper and lower limit based on the size of the Council. A report was presented to Council on 15 June 2022 confirming the fees for Bega Valley Shire Councillors for FY2023. The budget for FY2023 was adopted by Council on 29 June 2022.

The adopted budget relating to Councillor expenses is below.

Expenditure Area	FY2023 Budget $ (exc. GST)
Mayoral Fee	45,140
Elected Members Fees	186,210
Elected Members Allowance	6,210
Superannuation Accumulation	24,000
Training & Development Courses	33,750
Materials Purchased	10,000
Stationery & Office Consumables	900
Travel and Accommodation Costs	15,110
Food & Catering Costs	5,040
Consultants	40,000
Lease and rental expenses	12,090
Plant Hire - Internal Usage	11,000

Legal /Policy

Councils must adopt an expenses and facilities procedure, which must comply with sections 252 and 253 of the Local Government Act 1993 and the Office of Local Government’s (OLG) Guidelines for the payment of expenses and the provision of facilities for mayors and councillors in NSW. This policy is based on the better practice Councillor Expenses and Facilities Policy template issued by OLG.

Sections 252 and 253 of the Local Government Act 1993 state:

252 Payment of expenses and provision of facilities

(1) Within the first 12 months of each term of a council, the council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.

(2) The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the mayor or a councillor of a facility provided by the council to the mayor or councillor.

(3) A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor (if there is one) or a councillor otherwise than in accordance with a policy under this section.

(4) A council may from time to time amend a policy under this section.

(5) A policy under this section must comply with the provisions of this Act, the regulations and any relevant guidelines issued under section 23A.

253 Requirements before policy concerning expenses and facilities can be adopted or amended

(1) A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions.

(2) Before adopting or amending the policy, the council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.

(3) Despite subsections (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial.

(4) (Repealed)

(5) A council must comply with this section when proposing to adopt a policy in accordance with section 252(1) even if the council proposes to adopt a policy that is the same as its existing policy.

Further information can be found on the Office of Local Government Website: Councillor expenses and facilities

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of this procedure aligns with the following FY2023 integrated planning and reporting:

CSP Strategy E.1 Lead, govern and regulate in an ethical, equitable, transparent and accountable way

Delivery Program: E1.1 Conduct day to day management of Council and support Councillors to undertake their role

Operational Plan E1.1.1 Conduct the review of Council’s policies and procedures

Environment and Climate Change

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

Economic

Adoption of a clearly defined policy on the payment and provision of facilities to Councillors aligns with Council’s adopted budget.

Risk

Council should review this policy on an annual basis and ensure it aligns with the adopted budget. Council’s Annual Report includes information on actual payment to Councillors in relation to payment of fees and provision of facilities.

Adoption of this procedure ensures approval arrangements for all expenses and facilities within the allocated budget and that any payments outside of the provisions will require prior approval at a full meeting of the Council.

Social / Cultural

The policy outlining the payments and provisions of expenses to Councillors advises the Councillors, potential councillor candidates and community about the financial and administrative assistance provided to Councillors while undertaking their role as an elected official.

Attachments

1 ⇩. DRAFT Policy 6.23 Payment of expenses and provision of facilities for Councillors v 2

Council 17 August 2022

Item 10.5

10.5. Review of Council Policies - Batch 5

This report presents 13 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 places the following draft policies on public exhibition:

· Policy 1.09 Community Grants Program

· Policy 4.16 Child safe organisation (new)

· Policy 6.01 Governance

· Policy 6.02 Behaviour of Councillors and Staff

· Policy 6.03 Risk Management

· Policy 6.04 Conditions of Employment

· Policy 6.05 Work Health and Safety

· Policy 6.06 Financial Management

· Policy 6.07 Investments

· Policy 6.11 Records Management

· Policy 6.13 Organisational Service Standards

· Policy 6.14 Use of Council Seal

· Policy 6.18 Fraud and Corruption Prevention (new)

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 following public exhibition, a further report be presented to Council including any submissions received and submit the final policies recommended for adoption.

Executive Summary

Council has reviewed 12 of its currently adopted policies as part of the review schedule adopted on 20 April 2022 and created two new policies for consideration - 4.16 Child safe organisation and 6.18 Fraud and Corruption Prevention.

The 13 policies presented with this report have been reviewed by relevant council officers and it is recommended the documents are placed on public exhibition.

Background

The 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 must 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 adopt the policy (which would result in the policy being revoked).

The previous review of policies was completed in 2017.

The current review of the policy framework and documents has been delayed since 2020 due to the NSW Local Government Election delayed for a 12-month period due to the COVID-19 pandemic and its associated restrictions. Subsequently, elections were held on 5 December 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 fifth and final batch of policies.

The polices presented for review in this report are:

· Policy 1.09 Community Grants Program

· New Policy 4.16 Child safe organisation

· Policy 6.01 Governance

· Policy 6.02 Behaviour of Councillors and Staff

· Policy 6.03 Risk Management and Insurance

· Policy 6.04 Conditions of Employment

· Policy 6.05 Work Health and Safety

· Policy 6.06 Financial Management

· Policy 6.07 Investments

· Policy 6.11 Records Management

· Policy 6.13 Organisational Service Standards

· Policy 6.14 Use of Council Seal

· New Policy 6.18 Fraud and Corruption Prevention

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 9 months following the election to allow both council and the community adequate time to consider each policy and to make and consider any submissions before final adoption required 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. Exhibit the draft policy documents with no changes.

2. Exhibit the draft policy documents with amendments.

3. Revoke any of the proposed policies.

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 attached to this report, 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 cause a significant change in the policy position, the suggested amendments will be recommended for inclusion in the final version of the policy.

A further report will then be submitted to Council to adopt the final version of the policies and adopted policies published on Council’s website.

Financial and Resource Considerations

Review of Council’s policies is a core function of Council’s People and 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 the process of reviewing council policies.

Economic

There are no economic impacts in undertaking a review of these policies.

Risk

Social / Cultural

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

Documents to be Exhibited

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

· Policy 1.09 Community Grants Program

· New Policy 4.16 Child safe organisation

· Policy 6.01 Governance

· Policy 6.02 Behaviour of Councillors and Staff

· Policy 6.03 Risk Management and Insurance

· Policy 6.04 Conditions of Employment

· Policy 6.05 Work Health and Safety

· Policy 6.06 Financial Management

· Policy 6.07 Investments

· Policy 6.11 Records Management

· Policy 6.13 Organisational Service Standards

· Policy 6.14 Use of Council Seal

· New Policy 6.18 Fraud and Corruption Prevention

Attachments

Nil

Council 17 August 2022

Item 10.7

10.7. Local Government NSW (LGNSW) Annual Conference 2022 - Motions

The Local Government NSW Annual Conference (LGNSW) will be held at the Crowne Plaza, Hunter Valley from Sunday 23 October to Tuesday 25 October 2022 and is the pre-eminent policy making event for the Local Government sector in NSW.

Chief Executive Officer

Officer’s Recommendation

That Council

1. Endorse the following Motions being submitted to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on Monday 29 August 2022 to the LGNSW website:

a. Audit Arrangements as included in this report

b. Building Better Regions and Continuity of Grant Programs as included in this report

c. Changes to residential lease termination provisions as included in this report

d. Doctor servicing of hospitals as included in this report

e. Electric vehicles as included in this report

f. Funding of Pensioner Rebates as included in this report

g. Grants as included in this report

h. Investment in the development of affordable and social housing as included in this report

i. Renewable Energy for buildings and infrastructure as included in this report

j. Roads and bridges as included in this report

k. Skills Shortages as included in this report

l. Social and critical worker housing investment as included in this report

m. The role of the arts in the ongoing recovery of Regional NSW as included in this report

n. Vary policy for Short Term Rental Accommodation (STRA) as included in this report

2. Delegate the Mayor and CEO to finalise a motion for submission to the LGNSW conference in consultation with the Bega, Eden and Merrimans Local Aboriginal Land Councils with the broad intention of NSW and Federal Governments improving the timeliness of how Aboriginal Land Claims and Native Title Claims are being processed.

Executive Summary

Each year, member Councils across NSW submit a range of motions to the Annual Conference conducted by Local Government NSW (LGNSW). These motions relate to strategic local government issues which affect members state-wide and introduce new or emerging policy issues and actions. They are debated and resolved by Conference delegates, with successful resolutions guiding LGNSW’s advocacy priorities for the year ahead.

Council is a member of LGNSW, the peak Local Government body in NSW.

Background

Criteria for motion submission

The LGNSW Board has resolved and advised Council that motions will be included in the Business Paper for the Conference only where they:

1. are consistent with the objects of LGNSW (Rule 4 of the Association’s rules),

2. relate to or concern local government as a sector in NSW and/or across Australia,

3. seek to establish or change policy positions of LGNSW and/or improve governance of the Association (noting that the LGNSW Board is responsible for decisions around resourcing any campaigns or operational activities, and any necessary resource allocations will be subject to the LGNSW budgetary process),

4. have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws),

5. are clearly worded and unambiguous in nature, and

6. do not express preference for one or several members over one or several other members.

Motions adopted at Conferences inform LGNSW’s advocacy actions on behalf of the local government sector. LGNSW includes the exact wording of motions when writing to ministers, departments and agencies post-conference, so it is important that the wording of motions clearly outlines your council’s policy intent or objective.

The format of motions, as much as possible, should call on a specific body (e.g. LGNSW, state government, federal government, a specific department or minister) and have a specific outcome that the motion is aiming to achieve. The wording should be unambiguous.

Motions must also be accompanied by evidence for example an extract from Council Minutes that Council has resolved to submit the motion to the LGNSW Conference and be submitted by 12 midnight (AEST) on Monday 29 August 2022. In line with the LGNSW rules, the latest date motions will be accepted for inclusion in the Conference Business Paper is Sunday 25 September 2022.

Motions must be submitted in the recommended format:

1. Indicative category of the Motion:

• Industrial relations and employment policy

• Economic policy

• Infrastructure policy

• Social and community policy

• Environmental policy

• Council governance and accountability

• Planning and building regulation policy

• Association business, LGNSW Rules and governance

2. Motion title

3. Motion wording

4. Background note explaining the rationale of the Motion (max 1 or 2 paragraphs)

Motions proposed by Bega Valley Shire Councillors

Indicative category of the motion:	Council governance and accountability
Motion Title	Audit Arrangements
Motion Wording	That LGNSW: 1. Advocate to the NSW Government to review the current NSW Local Government Audit arrangements through the Audit Office to manage their contractors to deliver local government audits that reduce costs and meet the agreed timeframes so councils can report their financial statements in accordance with legislative requirements. 2. Advocate to the NSW Government to cover the full costs of Audit of Local Government in NSW
Background note:	In 2018 the NSW Audit Office became the Auditor for all NSW Councils. This led to the appointment of contractors being appointed to Councils to undertake the annual financial statement audit. Baseline costs of the audit have been continuing to increase. Our council has seen a 23% increase in fees between 2019 and 2022. In addition, contractors are deploying auditors with limited or no experience in auditing local government and finance staff in Councils are made to be responsible for training the contracted auditors through the process, resulting in duplication and excessive time to deliver the audit, impacting legislative compliance. The relationship between the Audit Office and the contractor adds additional process time as they negotiate between themselves the requirements and evidence provided during the audit process. In addition, with the few auditors being deployed across all of NSW agreed annual engagement plans are not being met and there is no financial recompense provided to council for breaches in agreement. In some cases, it has resulted in additional invoicing from the auditor.

Indicative category of the motion:	Infrastructure policy
Motion Title	Building Better Regions and Continuity of Grant Programs
Motion Wording	That LGNSW: 1. Call on the federal government to reinstate the building better regions fund or a close equivalent immediately assessing previously submitted and undetermined applications under that program. 2. Develop an advocacy platform to prevent changes of government discontinuing or freezing effective programs of the previous government without an equivalent program in place
Background note:	With the recent change of federal government, it is apparent there is no intention to continue the previous building better regions fund program, a program which drove enormous beneficial outcomes to regional Australia. The last round of funding applications closed 10 February 2022. With no outcome from that program, after councils invested significant funding into planning and preparation of applications and getting ‘shovel ready’. This program (or a similar equivalent) needs to be reactivated immediately to allow regional communities to receive the projects they need for their communities to thrive. This program is an example of a broader issue that local communities are impacted by every state and federal election, whereby when a new government is elected there is a desire to make change even to initiatives that are widely recognised as beneficial to communities. There is a need to change this mindset by all parties at all levels which is to the detriment of local councils and communities.

Indicative category of the motion:	Social and community policy
Motion Title	Changes to residential lease termination provisions
Motion Wording	That LGNSW: Calls on the NSW government to introduce measures to better protect the interests of tenants with respect to notification of termination of lease by landlords in the case of no fault on the tenant’s behalf.
Background note:	Under current standard residential tenancy arrangements, landlords are required to provide 90 days notice to tenants of their intention to terminate the lease arrangement. With the clear lack of available housing across much of regional NSW this is now having the effect of displacing families from community, with the properties to be utilised for short term/stay accommodation. Although it is not intended to prevent a property owner from occupying their own home should their needs change, there is a need to better protect tenants from displacement without adequate time to find suitable alternatives. Market changes indicate that the current protections for tenants are inadequate.

Indicative category of the motion:	Social and community policy
Motion Title	Doctor servicing of hospitals
Motion Wording	That LGNSW: Calls on the NSW government to review the model for doctor servicing of hospitals so that doctors are adequately and equitably incentivised to service hospitals and so that local health districts have greater capacity to manage their budgets.
Background note:	Many hospitals across NSW, particularly in regional areas are struggling to adequately and cost effectively manage the services of qualified doctors. There are a number of factors impacting why this is occurring with a major contributing factor being current typical funding models. As it stands, a doctor with a visiting medical officer contract servicing a hospital is entitled to a certain rate of pay which is far below what a locum or fly in fly out temporary doctor would receive. This heavily disincentives doctors to take on longer term contracts that are lower cost and easier to manage. There is an obvious need for hospitals to be serviced by doctors which is why locums become so heavily relied upon, however this only places financial strain on local health districts. There is a clear need for a better and more consistent management model to be in place across NSW to ensure that services at local hospitals are not compromised, so that doctors are adequately and equitably incentivised to service hospitals and so that local health districts have greater capacity to manage their budgets.

Indicative category of the motion:	Economic policy/Environment policy
Motion Title	Electric vehicles
Motion Wording	That LGNSW: 1. Call on the NSW Government to broaden its program to incentivise uptake of electric vehicles 2. Write to the NSW Government on its NSW Electric Vehicle Strategy, and calling for the following: a) introduce a state-wide charging network, including electric vehicles superhighways, commuter corridors and tourist drives, by 2025 b) reduce the upfront costs of electric vehicles for the public and large fleet managers such as local councils, beyond the commitment of a $3,000 rebate for first 25,000 vehicles sold under $76,750 c) provide councils with guidance on electric vehicle parking and charging infrastructure d) upskill workers to maintain NSW’s electric vehicle fleet e) increase the target for electrification of the NSW Government fleet from 50% by 2030 to 75% by 2030 f) include specific targets for electric vehicles in NSW of 20% by 2025, 75% by 2030 and 90% by 2035 of new vehicle sales g) include tax rebates, free registration and interest free loans, as provided by the Australian Capital Territory Government 3. Call on the NSW Government to fund regional electric vehicle charging station strategies that identify the locations, type and operating models for a charging station network
Background note:	Electric vehicles offer many benefits over conventional internal combustion engines. They are far cheaper to run and maintain, silent, do not emit tail-pipe pollution, and contribute to reducing greenhouse gas emissions. The transport sector currently contributes around 20-30% of global greenhouse gas emissions. Demand for electric vehicles is increasing globally, with many jurisdictions committed to prohibiting the sale of petrol and diesel vehicles in future. Australia has been extremely slow in supporting EVs - making them fewer and costly here. Car manufacturers world-wide are increasing the number, variety and capability of electric vehicles. Many major manufacturers (Volvo, Ford, General Motors, Hyundai) have publicly committed to phasing out internal combustion engines in the next 10-20 years. This is reflected in vehicle sales, with electric vehicles making up 74% of new vehicles sold for example Norway in 2020, compared to 0.78% in Australia. The uptake in regional areas like the Bega Valley Shire is limited by the upfront cost, and the scarce charging infrastructure. There is one charger in the Shire, installed by the NRMA at Bega. The lack of a strategic approach to planning for, funding and managing charging stations is also stifling uptake of electric vehicles. The NSW Government’s recent NSW Electric Vehicle Strategy puts NSW on a path towards electrification of the NSW vehicle fleet. This Strategy is an important step towards the NSW Government’s net zero emissions target, but it could be broadened to offer incentives to all EVs (rather than a confusing focus on the first 25,000 new vehicles sold). This Notice of Motion seeks to encourage the NSW Government to be more ambitious in supporting the inevitable transition to the fleet of the future.

Indicative category of the motion:	Council governance and accountability
Motion Title	Funding of Pensioner Rebates
Motion Wording	That LGNSW: Call on the NSW government to fully fund pensioner rebates and take the additional financial burden off non pensioner ratepayers.
Background note:	The system of rating in NSW allows for pensioners to receive a rebate from their rates. Although this principle has merit and is generally supported by councils there are consequences that are not supported. Councils have costs of providing services to their communities and if council is essentially ‘retuning revenue’ to some of its ratepayers being pensioners it means they need to generate offsetting revenue from their ratepayers to cover the cost of rebates. If there is demographic change over time resulting in more pensioners in a local government area (LGA) this can further exacerbate the issue. The solution to address inequities within different LGA’s is for the NSW Government to fully fund pensioner rebates.

Indicative category of the motion:	Infrastructure policy
Motion Title	Grants
Motion Wording	That LGNSW: Advocate to both the State and Federal Government for greater flexibility in grant funding related to financial estimates, increased visibility of program announcements and application timeframes and improved consistency in grant reporting and acquittals.
Background note:	There are four key issues for Councils related to grant funding programs that continue to impact resourcing and capacity for Councils to deliver projects on time and budget. Financial Flexibility It is requested that improved financial flexibility be considered as part of grant applications. This includes an understanding from the funding bodies that from the time that a project is scoped and costed to when notification of a grant outcome is successful, the deed execution process to procurement of services there is often a cost escalation beyond the value of the grant and/or co-contribution. This issue could be alleviated by increasing thresholds for contingency in projects budgets as part of the grant submission noting that many grant programs have previously set limits on this. It may also be of value for the funding body to hold in reserve a portion of the grant funding program for when this occurs and Council need to seek additional funds to deliver the project. Increased Visibility Providing Councils with visibility on when programs are expected to be announced will help Councils to resource the preparation of their applications, resulting in improved submissions. Once funding programs are confirmed in the State and Federal budgets it would be beneficial to Local Government to have a schedule of grant program openings. Application Timeframe The timeframe from when the funding guidelines become available to when the application close are increasing becoming shorter. This relates to the above point and impacts the quality of submissions from Councils. Increasing visibility and allowing for adequate time for grant submissions to be prepared will improve grant submissions and ultimately project delivery. Reporting Consistency It is noted the improvements have been made in the consistency across both levels of government in the development of guidelines and deeds however there are still significant inconsistencies in reporting and acquittals of grants across programs. Some programs require an onerous level of detail on progress reporting that is resource intensive for both the Council and funding body.

Indicative category of the motion:	Social and community policy
Motion Title	Investment in the development of affordable and social housing
Motion Wording	That LGNSW: Call on the state government for urgent investment in the development of affordable and social housing in regional NSW to address critical shortages in housing affordability and availability for people on low to moderate incomes and key workers.
Background note:	Lack of affordably priced housing not only affects the quality of life of individual families, who may be sacrificing basic necessities to pay for their housing or facing increased stress due to living in severely overcrowded housing due to lack of supply, it also has a serious impact on employment growth and economic development. The inability of lower paid workers to find appropriate, affordable housing can limit the capacity of industry to grow, and adversely affect local economies, as is the case with regional areas like the Bega Valley Shire. Businesses and organisations are reporting difficulties hiring workers from outside of the shire as they cannot secure housing, including key industries of hospitality, tourism and health. The displacement of long-term residents due to lack of affordable housing also reduces social cohesion, engagement with community activities such as volunteering, and extended family support. Affordable housing is thus an important form of community infrastructure that supports community wellbeing and social and economic sustainability, including a diverse labour market and economy, and strong and inclusive communities. There is a chronic shortage of social housing in regional NSW. In the Bega Valley Shire there is also a significant and growing mismatch between housing supply and housing need, which is likely to intensify over time unless there are active measures to increase the supply of social housing near major town centres. Given growing need, it is also of concern that both the amount and the proportion of social housing has been declining since 2006 with a loss of around 50 social housing dwellings and a decline from 3.7% of dwellings in the past decade. Only 3% of dwellings are rented as social housing in the Bega Valley Shire compared with 5% for NSW.

Indicative category of the motion:	Infrastructure policy/Environment Policy
Motion Title	Renewable Energy for buildings and infrastructure
Motion Wording	That LGNSW: Advocate for controls to be established to ensure that new Local, State and Federal Government buildings and infrastructure that consume electricity include provision of solar power or an alternative renewable source in their design and construction where feasible.
Background note:	As a key measure to address climate impacts, all levels of government should be taking proactive, positive and practical measures to invest in renewable energy generation sources when opportunities arise. An obvious opportunity for this is when governments are either building or upgrading energy consuming buildings and infrastructure. Solar is an obvious solution in the majority of situations, however it is acknowledged this may not be either a practical or the most beneficial solution for all situations an better renewable alternatives may be available.

Indicative category of the motion:	Infrastructure policy
Motion Title	Roads and bridges
Motion Wording	That LGNSW: 1. Acknowledge and thank the NSW Government for their recent investment in transport infrastructure in regional NSW through programs such as Fixing Country Roads, Fixing Local Roads and Fixing Country Bridges. 2. Call on the NSW Government to review criteria for future road and bridge related funding programs to provide more flexibility in eligibility and delivery to achieve the best outcomes for regional NSW including longer delivery timeframes to account for legislated approval processes; weightings not purely focused on economic benefit and eligibility of structures that are existing composite or concrete/steel structures.
Background note:	In recent years the NSW Government has invested significantly through a number of transport related programs which have provided great benefit to regional NSW including through Fixing Country Bridges (FCB), Fixing Local Roads (FLR) and Fixing Country Roads (FCR). Although these programs have been hugely beneficial, there have been limitations in place that have meant highly meritorious projects are ineligible on technicalities. For example, many of the programs have strict delivery timeframes which means projects that have legislated approval processes (with often time limited approval times meaning they need to be reapplied for) for issues such as cultural heritage, crown lands, biodiversity or fisheries are not going to be achieved within eligible timeframes. This means the more challenging projects which are often related to highest risk or benefit infrastructure don’t get done. Similarly, the FCB criteria of only timber bridges (and non-heritage listed even if only locally) being eligible has partially addressed the risk related to load capacity of bridges however it ignores many of the other high risk structure across the state. Likewise, the short delivery timeframe means larger more complex bridges cannot be delivered, even if timber replacements.

Indicative category of the motion:	Industrial relations and employment policy
Motion Title	Skills shortages
Motion Wording	That LGNSW: 1. Call on the NSW and Federal Governments to provide incentives to address critical sector skills shortages effecting private and public investment, primarily in the fields of planning, engineering and building certification with these incentives to be in the form of scholarships, co-funding cadetships and reduced university course costs. 2. Encourage all NSW to provide cadetship programs to build sector capacity in areas of critical sector skill shortages
Background note:	NSW is currently facing a housing affordability and availability crisis with a number of factors contributing to the situation. There is also an enormous pipeline of public investment that has been targeted at unlocking future economic growth. It is becoming more apparent that there is an imbalance between demand for a number of skilled professions and supply of practitioners in those fields that is creating a real barrier to housing and enabling infrastructure development. Key shortage areas in both the private and public sector are most acute in the engineering (including development engineering), planning (including development assessment) and building certification areas. Competition for the relatively limited supply of these professions compared to demand means that everyone is competing for the same number of limited people, rather than addressing the underlying issue of supply in the fields. Through targeted incentives there is the opportunity to address the issue albeit it recognising the investment is for the longer term benefit.

Indicative category of the motion:	Social and community policy
Motion Title	Social and critical worker housing investment
Motion Wording	That LGNSW: Calls on the NSW government to significantly increase investment in social and critical worker housing across NSW
Background note:	There is a clear high level of unmet demand for much of NSW, particularly in regional areas. There has been significant underinvestment for far too long in social housing which has meant not only has there been a lack of growth in supply to match a growing population and growing demand but in many cases, there has also been deterioration of existing assets to the point where they’ve been unusable. The current government is making some headway towards addressing the issue however there is a clear need for much higher investment. At the same time, much of rural and regional NSW is struggling to attract and retain critical skilled workers, particularly in essential public service roles like health and education. A key factor is availability and affordability of housing with cost of living pressures relative to income often a key concern. The NSW government needs to invest in critical worker accommodation which could potentially be converted to social housing in the future if needs change.

Indicative category of the motion:	Social and community policy
Motion Title	The role of the arts in the ongoing recovery of Regional NSW
Motion Wording	That LGNSW: Call on the state government to note the role of the arts in the ongoing recovery of regional NSW following years of drought, bushfires, floods and Covid 19 and provide adequate program and operational funding to enable our cultural facilities to be sustainable over time and continue to support social inclusion and connectivity, recreation and education, accessible community participation and cultural tourism in the regions.
Background note:	Local government plays a critical role in Australia's arts and culture sector, making a substantial contribution to capital (building and maintenance) and recurrent (staff and programs) for galleries, libraries, performing arts centres, museums, festivals and events, arts organisations. The arts, culture and the creative industries are recognised by local government as an essential economic driver for visitor economies, with ‘experiential travel’ being a key component of economic recovery. They also create attractive and dynamic places to live, work and visit. Investment in the cultural sectors benefits communities in multiple ways; by building community cohesion and supporting wellbeing. As our community’s recovery from natural disasters, including drought, fires and floods, the arts have a unique and important role to play in recovery and resilience building. Investment by the state government in the arts and cultural sector has not kept pace with the costs. In regional areas, local government is the largest government investor to this sector. Costs have risen substantially to fill the investment gap left by inadequate funding by both state and commonwealth governments. The disparity between funding of metropolitan and rural institutions is clear. It is essential that local governments are recognised as arts organisations and funded appropriately plan for, manage and operate these cultural institutions. Short term, competitive funding undermines viability of these important institutions and hampers their ability realise to realise their potential. Direct funding to local government, rather than financial support delivered through ad hoc funding rounds, will enable tailored programs at the local level and efficient delivery of integrated strategies that can have long-term and sustainable impacts. In the Bega Valley, Council has made a significant investment in the redevelopment of the Bega Valley Regional Gallery as a regional entre of artistic excellence and a major tourism driver. This builds on the important work the Gallery has played in assisting communities recover from the black summer bushfires. The gallery is the only facility of its kind in the south-east region of New South Wales with the closest regional galleries located in Albury, Nowra and Goulburn. Council’s commitment has not been adequately supported by the State government, with no capital contribution being received for the project to date. Ongoing operation and programming costs are subject to competitive grant rounds - a process which is time consuming and takes staff time away from the delivery of the services. Reliable and ongoing state funding for capital, programming and operating costs are essential to secure the viability of the gallery and other cultural institutions into the future.

Indicative category of the motion:	Planning and building regulation policy
Motion Title	Vary policy for Short Term Rental Accommodation (STRA)
Motion Wording	That LGNSW: Call on the NSW Government to update the requirements for Council’s to apply to vary their policy for Short Term Rental Accommodation (STRA) and provide information on what other levers are available to local government to incentivise longer term rentals.
Background note:	Short term rental accommodation (STRA) is an important part of the economy. However, it can negatively affect long term housing availability and local councils have limited ability to influence this. While caps can be placed on sort term rental accommodation, more effective means of incentivising longer term rentals are required. Currently Councils who wish to apply a cap of less than 180 days on STRA must prepare a localised socio-economic impact assessments of the impacts of STRA. The Department’s Planning Delivery Unit (PDU) and Byron Shire Council recently jointly engaged Urbis to undertake an Economic Impact Assessment of the proposal to analyse the potential impacts of implementing varying caps on the number of days per year properties can be made available as non-hosted STRA. Sharing information on the lessons learned in the preparation of this document and its subsequent incorporation into the planning proposal process could benefit other Councils who are interested in further understanding the impacts of STRA on their economy and housing market and be used by the Department of Planning and Environment to produce a more refined methodology that could enable other Council’s to more easily pursue a lower cap if supported by the evidence base. There is currently a lack of clear information from the NSW Government on what methods may be employed by Councils to incentivise long term rental accommodation or disincentivise short term accommodation of residential dwellings. as well as opportunities for councils to provide rate rebates or waiving of other fees and charges for dwellings used for permanent rental accommodation in selected areas. Rate rebates and other waivers may tip the balance between the use of a dwelling for STRA or for permanent rental under SRTA.

Options

Council may resolve to either support the motions recommended in this report or variations on them or not to support motions.

Community and Stakeholder Engagement

There has not been any engagement on this report other than in relation to recommendation 2. It is intended that a motion will be worked through at the upcoming, Bega, Eden, Merrimans Committee meeting. A draft motion has been provided to the CEO’s of the respective local aboriginal land councils to allow for preliminary review prior to the meeting.

Engagement undertaken

Engagement 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

It is appropriate Bega Valley Shire Council is represented at the LGNSW Annual Conference. This Conference has been listed in the Operational Plan for attendance by Councillors and the Chief Executive Officer on an annual basis.

Environment and Climate Change

There are no Environment and Climate Change implications associated with this report other than where outlined in respective motions.

Economic

There are no Economic implications associated with this report other than where outlined within respective motions.

Risk

There are no Risks associated with this report other than the potential missed opportunity to influence change across the local government sector.

Social / Cultural

There are no social/cultural issues pertaining to this report other than as outlined within respective motions.

Attachments

Nil

Council 17 August 2022

Item 10.9

10.9. Certificate of Investment July 2022

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

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 July 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 2021. 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 31 July 2022 the total capital value of cash and investments was $105,589,549, with 89.50% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. Council has earned year to date interest income of $112,440 which is 37% of the projected budget amount.

The value of outstanding government grant debtors at 31 July 2022 is $8,341,562. This will go higher as the end of year calculation are completed and government grant income is accrued.

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 31 July 2022 is detailed below.

Issuer	Rating	Type	Purchase	Maturity	Rate	Capital Value
Commonwealth Bank At call account	A-1+	CASH	-	-	0.95	8,000,000.00
Commonwealth Bank Operating account	A-1+	CASH	-	-	-	2,963,369.60
T-Corp Strategic cash fund	A-1+	CASH	-	-	-	126,179.53
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
Commonwealth Bank	A-1+	TD	19/05/2022	16/09/2022	1.79	2,000,000.00
NAB	A-1+	TD	28/07/2022	27/10/2022	2.65	2,000,000.00
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	A-1+	TD	10/02/2022	11/05/2023	1.00	5,000,000.00
Commonwealth Bank	A-1+	TD	02/06/2022	08/06/2023	3.23	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						$105,589,549.13

Interest earned for July 2022	$112,440
Year to date interest earned	$112,440
Budgeted interest for 2022/2023 financial year	$300,000
Percentage of the 2022/2023 budget earned by council	37%

The COVID-19 pandemic has adversely impacted financial markets, which in turn, has also affected Council’s investment portfolio. After global central banks set official interest rates to emergency levels during the height of the pandemic in 2020, financial markets have transitioned to the recovery phase which we are starting to see with increasing interest rates.

Council’s investment portfolio is largely directed towards term deposits (89.50%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (10.50%). Council’s investments remain sufficiently liquid with 64% of investments maturing within 12 months.

As at the end of July 2022, Council’s portfolio was yielding 1.45% p.a. (up 5bp from the previous month), with a weighted average duration of around 345 days (11½ months).

Council’s investment portfolio (excluding cash) provided a solid return of 0.12% (actual) or 1.46% p.a, outperforming the benchmark AusBond Bank Bill Index return and RBA 3-month deposit average. The portfolio is also comfortably outperforming the TCorp Cash Funds.

Council is utilising the platform Imperium Markets, to assist in conducting, managing, and reporting on council’s investments. This provides an automated process of sourcing quotes and investing monies which is allowing Council to better address investment risks. Additional to the platform, Imperium Markets are also providing investment advice on the surrounding market conditions and how Council can maximise returns within the Ministerial order and Council’s investment policy.

Table 1: Investments by Fund $’000
Fund	May-2022	June-2022	July-2022
General Fund	39,813	36,231	36,063
Water Fund	25,496	25,410	25,010
Sewer Fund	43,977	43,265	44,517
TOTAL	109,286	104,906	105,590

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	$105,589,549
External Restrictions **	$62,860,509
Internal Restrictions **	$7,857,423
Unrestricted funds ***	$35,051,617

** 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. As Council finalises its FY22 year this figure may be impacted by potential further restrictions of Grant contract liabilities.

The value of outstanding Government Grant Debtors on 31 July 2022 is $8,341,562 with $3,229,521 aged 4+ months. Council is working with our funding partners to reduce these debts.

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, credit quality and maturity compliance. This report shows that we are compliant with all policy risk requirements.

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

Legend: Compliant Non-Compliant

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 17 August 2022

Item 10.10

10.10. Carry Forwards and Revotes at End of Financial Year 2022

At the close of each financial year (FY) Council is required to consider the revote requests from FY2022 budget to the FY2023 budget. This report also advises of budgets to be carried forward.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Receive and note the Financial Year 2022 carry forward projects and;

2. Resolves to revote the budget allocation for projects not commenced contained in this report. The allocation is to be moved from the FY2022 budget and applied to the corresponding budget in FY2023.

Executive Summary

This report formalises the request for carry forwards and revotes from the 2022 budget to the 2023 budget, before completion of the 2022 financial statements. The recommendation is based on projects that are works in progress, commenced works or priority projects that were not started in FY2022. The recommendation is particularly based on projects that are funded by external grants.

A summary of the requests is

Description $

General Fund - operational revotes 9,446

General Fund - operational carryover 1,228,959

General Fund - capital revotes 542,164

General Fund - capital carryover 12,118,455

Water Fund - capital carryover 4,163,275

Sewer Fund - capital carryover 1,748,573

Background

Every year Council will have a range of programs that are not completed for a variety of reasons. At the end of the financial year Council considers the revotes and carry forwards of budget from the year ending and resolves on bringing the budget allocation into the current year.

FY2022 saw Council continue to operate in a changing environment. The majority of projects planned by Council have been delivered however, some have been delayed and this report outlines the need to carry forward allocations against those delayed projects. Some Fixing Country Bridges multiyear projects progressed further than anticipated in FY2022 and the remaining funds allocated in FY2023 are being reduced.

During the year, funding continued to be provided to Council that was not formally included in the operational plan and budget adopted in June 2021. Some of these allocations were for projects related to bushfire and COVID recovery with some of this funding allocated late in the financial year.

Timing and resources have resulted in some projects planned for FY2022 to be reconsidered as a carry forward or revote project in FY2023.

· A carry forward is where any eligible programs or projects have commenced and are a work in progress at the end of the financial year. This does not require a revote and budgeted funds will not lapse. Expenditure can continue until any decision is made to cease the program or project.

· A revote is when an eligible program or project has not commenced by the end of the financial year. This means the budget allocation has lapsed. Council is required to decide whether the revote of the budget is approved.

A table of the project carry forwards, revotes and the funding source (external grant, revenue, other) is detailed in this report. Several items relate directly to funding received in 2022 that is required to be allocated over two or more years.

The clear priority is to prepare plans and budgets and deliver the works included in them. In the current climate we are seeing extensive funding to local government from NSW and Australian Government occurring outside of a “neat” budget cycle where grants are applied for and accepted within a financial year. The Quarterly Budget Review Statements (QBRS) are reported to Council to identify these movements throughout the year.

In FY2022, significant impacts from operating in a bushfire recovery and rebuilding phase, high inflation and additional impacts of COVID has seen some reprioritising of Council activities and delay in some project delivery.

When adopted the carry forwards and revotes will be available for staff to complete the works.

Options

1. That Council resolve on the recommended revotes and carry forwards.

2. Council resolve an amended list of carry forwards and revotes.

Community Engagement

There is no formal community engagement planned as a result of this recommendation to Council. Projects undertaken have their own community engagement plan throughout development and delivery.

Financial and resource considerations

The recommended carry forwards and revotes included in this report have been closely considered and it is reasonable to expect that they can be achieved in FY2023 year. The impact may be that activities budgeted in FY2023 are delayed, or staged, and the quarterly budget review reports to Council will include consideration of these impacts as they become known.

Summary by fund

Carry Forwards - Operational

Carry Forwards – Operational (Cont)

Carry Forwards - Capital

Carry Forwards – Capital (Continued)

Revotes - Operational

Revotes – Capital

Legal /Policy

Council is required to approve expenditure and vote money to cover expenditure under clause 211 of the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

DP: 6.12.5: Improve the provision of corporate financial services

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

Environmental / Sustainability

There are some environmental and sustainability impacts associated with the grant funded projects that are included in the recommendations of this report.

Economic

There are no negative economic impacts associated with the grant funded programs that are included in the recommendations of this report.

Risk

The recommendations of this report allow Council to manage budget expenditure across the long-term financial plan period. The corresponding impact may be the delivery of planned programs and projects documented in the FY2022 Operational Plan.

Social / Cultural

There will be positive social benefits in Council being able to complete the works allocated budget in 2021 and not finished by the end of Financial Year. There may be impacts on the FY2022 planned projects if they are delayed while the previous year’s works are completed.

Attachments

Nil

Council 17 August 2022

Item 10.11

10.11. Wanderer Festival at Pambula Sporting Complex Fee Structure

Council has received a request to reconsider the fees and charges applicable to the “Wanderer Festival’ to be held 23-25 September 2022 at the Pambula Sporting Complex.

Chief Executive Officer

Officer’s Recommendation

That Council:

1. Apply a fee for the 2022 ‘Wanderer Festival’ to be held at the Pambula Sporting Complex from 23-25 September 2022 of $8,442 including GST in lieu of what the fee would be in accordance with the cumulative amounts under Council’s adopted fees and charges for the respective subcomponents of the event

2. Waive the relevant waste disposal fees for fees recyclable materials for 2022 ‘Wanderer Festival’ to be held at the Pambula Sporting Complex from 23-25 September 2022

3. Waive the Liquid Trade Waste fees for the “Wanderer Festival” for any liquid trade waste that cannot be handled on site

4. Receive a report post the event on the lost revenue associated with items 2 and 3 in this report

5. Develop a procedure for assessment of fees and charges associated with major events on council managed land where there is demonstrated broader community benefit

6. Recognise appropriate conditions are in place within a Use of Public Land approval to address insurance for the event

7. Note the grant submission being prepared to better facilitate large scale events in the future

Executive Summary

Council has been requested to consider an alternative fee structure for the use of the Pambula Sporting Complex for the “Wanderer Festival” scheduled to be held from 23-25 September 2022. A request has also been received to consider waiving of waste disposal fees for recyclable waste streams and liquid trade waste fees.

Background

Council has previously considered a Mayoral Minute on the “Wanderer Festival” to be held 23-25 September 2022 that resulted in a conditional support for the event being held at the Pambula Sporting Complex. As part of the assessment and use of public land approval process, fees were calculated in accordance with the adopted fees and charges of Council which were calculated by considering multiple site uses over several days combined. The adopted fees and charges have been typically developed under the premise that most uses are of a short term nature and not utilising the overall site.

An event of the scale and duration proposed by the “Wanderer Festival” is relatively unprecedented in the Bega Valley and an event of this type and scale has not been well considered in the context of the development of Council’s adopted fees and charges.

The request received also includes considering waiving of fees for recyclable waste streams and liquid trade waste fees.

Council is currently preparing a grant submission to the NSW Government for an Event Activation Prospectus and Strategy, ideally in partnership with other Councils across the region that would look at capacity across the region to host large scale sports, cultural and music events. The three key elements in the strategy would be to review current infrastructure and future needs (so we can seek grants to build/upgrade facilities as needed per Council area), planning approval process improvement (reduce red tape and have a package ready to go for event organisers to reduce their burden when organising events with pre-approvals) and joint marketing of region to prospective event hosts.

Progression of the Wanderer Festival would provide key learnings to inform the above proposal and assist with understanding costs associated with this style of event as well as capturing economic data on benefits to assist with future business cases.

In addition to a request for reconsidering fees and charges a request has also been received to reconsider insurance requirements which is also outlined in the attachment to this report.

From a Council perspective, staff have consulted with Council’s insurers and been advised that the request is in line with their expectations around protections. As a consequence, the Chief Executive Officer is able to confirm that the organisers will have met Council’s requirements by providing what is proposed. To address the issue associated with Transport for NSW and NSW police, the Use of Public Land approval includes the following:

· Evidence of suitable insurance coverage to meet the requirements of Bega Valley Shire Council, Transport for NSW and Police NSW must be provided to Council prior to the event

The above essentially means that Council would require both state agencies to confirm they are also satisfied with what is proposed.

Options

Council has several options available based on two broad principles as follows:

1. Apply fees in accordance with Councils adopted fees and charges

2. Apply fees and charges as requested in the proposal attached to this report

3. Apply a different fee structure recognising the relative uniqueness of the Wanderer Festival and the opportunity cost associated with the event not progressing.

Community and Stakeholder Engagement

Contact has been made with the Pambula Sporting Complex site committee seeking their opinions on the request. They are supportive of a reduced fee on the basis that the event will provide broad community benefit.

Financial and Resource Considerations

The proposal attached to this report presents the financial considerations consisting of three distinct considerations. Firstly, the fees and charges for the hire of the site relate to general fund and if the event were not to proceed then no income would be received. Given the event is outside currently booked sporting periods and there are not presently any other bookings for the site at the same time the event not proceeding could be considered a lost opportunity to generate some revenue even though less than calculated.

The component relating to waste fees is considered differently in that the waste generated even though being recycled would still need to be processed. It is also difficult to estimate the amount of waste generated for recycling would be as well as what the net cost would be. Post the event there is the potential to calculate what this would be based on volumes presenting at the central waste facility. It is noted the request does not relate to non- recyclable waste.

The third component relating to liquid trade waste is again difficult to calculate given the difficulty in estimating volumes generated, however costs could be provided post event.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal attached to this report outlines the strategic benefits associated with what is proposed including social and cultural impacts, economic impacts and environment and climate change impacts. There are risks associated with the event not happing which generally relate to lost opportunity. At the same time there is a risk that by providing concessions for this event there may be further similar future requests.

Attachments

1 ⇩. Wanderer Festival Letter to BVSC

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

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

Council	17 August 2022
*Item 8.1 - Attachment 1*	Bega Valley Development Control Plan 2013 Council requirements for off-street car and bicycle parking for adoption

Council	17 August 2022
*Item 8.2 - Attachment 1*	Planning proposal: Pambula Merimbula Golf Club additional permitted use

Council	17 August 2022
*Item 9.1 - Attachment 1*	Combined Bermagui ReBoot Application

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	17 August 2022
*Item 9.1 - Attachment 2*	Merimbula Airport Linemarking Report

Council	17 August 2022
*Item 9.1 - Attachment 3*	Imlay Street crossings - DESIGN - REV B

Council	17 August 2022
*Item 9.1 - Attachment 4*	Zingel Place Zebra Crossing

Council	17 August 2022
*Item 10.1 - Attachment 1*	Council report dated 3 November 2021 - Road transfer request - DA 2003.95 Stanley Street Eden

Council	17 August 2022
*Item 10.2 - Attachment 1*	Submission received on Policy 3.07 Climate Change

Council	17 August 2022
*Item 10.2 - Attachment 2*	Submission received on Policy 6.16 Community Engagement

Council	17 August 2022
*Item 10.2 - Attachment 3*	Draft Policy 6.16 Community Engagement v 3

Council	17 August 2022
*Item 10.4 - Attachment 1*	DRAFT Policy 6.23 Payment of expenses and provision of facilities for Councillors v 2

Council	17 August 2022
*Item 10.8 - Attachment 1*	Attachment 1 Operational Plan Progress Report January to June 2022.pdf

Council	17 August 2022
*Item 10.8 - Attachment 2*	Progress Report _Corporate Measures_ January to June 2022.pdf

Council	17 August 2022
*Item 10.11 - Attachment 1*	Wanderer Festival Letter to BVSC