Agenda of Council - 16 November 2022

Council 16 November 2022

Item 8.1

8.1. Draft Procedure for reporting Development Applications to Council

This report outlines the proposed process for bringing a Development Application to Council for decision.

Director Community Environment and Planning

Officer’s Recommendation

That Council adopt the draft Procedure for Reporting Development Applications (DAs) to Council as included as attachment 1 to this report.

Executive Summary

Most development applications (DAs) are determined under staff delegation and are reported to Council in limited circumstances only. Staff have reviewed this process, as well as the ‘Development Assessment Best Practice Guide’ issued by the Department of Planning and Environment, and are recommending changes to provide greater clarity and transparency in the decision making process. These changes include the development of a new procedure (Attachment 1).

Under the proposed new procedure, the elected Council will determine development applications in the following circumstances:

· Development that is the subject of 10 or more unique submissions by way of objection

from different households (note that a petition or pro-forma documents are counted as one objection)

· Designated development where Council is the determining authority

· Development involving the demolition of a heritage item

· Where a merit-based refusal of the development application is being recommended by staff, other than as specified in Procedure 3.01.2

· Where a variation to a development standard has been addressed in accordance with Clause 4.6 of the LEP and where staff assumed concurrence has not been issued under Planning Circular PS20-002

· Where the proposal involves the dedication of land to Council as public reserve (whether or not in lieu of Section 7.11 or 7.12 Contributions) or where a Planning Agreement is proposed (other than for the provision of less than 10 parking spaces)

· Where notification in writing has been received by at least three Councillors that the development application is required to be submitted to the elected Council for determination. Any such notification should include reasons or policy position for why the application requires reporting to the Council for determination

This report seeks Council approval of the new proposed procedure.

Background

Reporting of development applications to Council for decision has been in discussion for some time with debate centring around the number of submissions received or the sensitive nature of the proposed development. The procedure will provide clarity and transparency in the decision making process.

Most development applications are currently determined under staff delegation.

Under the current guidelines a development application is reported to Council if:

· the development does not comply with an adopted Council policy (including the Development Control Plan and land use planning strategies), development standard in the Local Environmental Plan and in the assessment officer’s opinion, the non-compliance is not justified

· refusal is recommended on planning merit grounds (other than as specified in Procedure 3.01.2)

· where there is a DA that has received strong community interest raising a number of matters on planning merit, which in the opinion of the Director Community, Environment and Planning, warrants reporting to Council

· where a Councillor or senior member of staff is connected with a DA (in accordance with the provisions of Procedure 3.01.4 – some exemptions apply)

· any variation of a development standard has been addressed in accordance with Clause 4.6, and where staff assumed concurrence has not been issued under Planning Circular PS20.

Further, a Councillor may call a development application up to Council for decision in accordance with the following:

A Councillor may, via a Notice of Motion at a Council meeting, request that any DA be referred to Council for determination. The request must include:

· the DA number, which is available on Council’s DA tracker

· one or more planning reasons for the referral. Planning matters relevant to the evaluation of a DA are described in Section 4.15 of the Environmental Planning and Assessment Act 1979 and may include matters such as economic, social and environmental impacts, site suitability and the public interest.

In 2017 the Department of Planning and Environment issued the ‘Development Assessment Best Practice Guide’ to assist Council’s in the development assessment process. The Guide recommends reporting to Council in the following circumstances.

· Where there are more than 10 objections by way of individual submissions from different households (note that a petition or pro-forma documents are counted as one objection).

· The development does not comply with an adopted council policy (including a development control plan), development standard in a Local Environmental Plan unless, in the assessment officer’s opinion:

o compliance with the policy is unreasonable and unnecessary in the circumstances

o any variation of a development standard has been addressed in accordance with Clause 4.6 or any other requirements of the council’s Local Environmental Plan.

· The development is of regional or state significance.

· Notification in writing has been received by at least three Councillors that the DA is required to be submitted to the elected council for determination. Any such notification should include reasons or policy position for why the application requires reporting to the council for determination.

The proposed BVSC specific procedure has been drafted having regard to the best practise guide, current process and matters previously raised in discussions with Councillors. On this basis the following is recommended as detailed in the attached procedure.

Proposed DAs to be determined by Council under new procedure

The elected Council is to determine development applications that fall into the below categories:

· Development that is the subject of 10 or more unique submissions by way of objection

from different households (note that a petition or pro-forma documents are counted as one objection)

· Designated development where Council is the determining authority

· Development involving the demolition of a heritage item

· Where a merit-based refusal of the development application is being recommended by staff, other than as specified in Procedure 3.01.2

· Where a variation to a development standard has been addressed in accordance with Clause 4.6 of the LEP and where staff assumed concurrence has not been issued under Planning Circular PS20-002

· Notification in writing has been received by at least three Councillors that the development application is required to be submitted to the elected Council for determination. Any such notification should include reasons or policy position for why the application requires reporting to the Council for determination

Rationale

The following comments are provided to clarify these recommendations.

· It is recommended that 10 (as per the DPE Best Practice Guide) is an appropriate number of submissions but the reference to ‘individual submissions’ be replaced with ‘unique submissions’. It is considered that the use of the term ‘unique’ will ensure that development applications being reported to Council relate to a range of planning merit issues that people feel strongly about rather than one specific issue or a series of form letters which could be the case without the clarification. Without this clarification, staff are concerned that minor merit based planning matters would need to be reported to Council that otherwise would be determined under staff delegation as is the current situation.

· Designated development is a category of development that will have a high impact (e.g. likely to generate pollution) or is located in or near an environmentally sensitive area (e.g. a wetland), and warrants a detailed environmental impact statement. It is considered that this type of development should be determined by the Council.

· There has been much discussion around built heritage in the shire which has resulted in significant community comment in the past. It is considered appropriate for any future development applications which propose to demolish registered heritage items to be reported to Council for determination.

· Staff do not have delegation to refuse a development application on planning merit grounds and there is no recommendation to change this position.

· Deletion of the reference to regional or state significant development is required as the Joint Regional Planning Panel or NSW State Government are the determining authority for this category of development.

· Dedication of land to Council will always come with ongoing maintenance and administration costs. Any decisions to accept the dedication of land should be considered by the Council. Currently there is a Voluntary Planning Agreement Procedure in lieu of providing on-site car parking in CBD’s. There is no proposal to change the current Procedure which provides for the Director CEP to approve up to 10 spaces. All other proposed VPA’s are required to be considered by the Council.

· Adopting the recommendation of DPE’s Best Practise Guide that DAs can be called up to Council for determination if a written request is received from 3 Councillors would provide a more streamlined approach compared to the current requirement for the Notice of Motion process.

The proposed draft procedure for reporting Development Applications to Council for decision is at Attachment 1.

Options

The options available to Council are:

· Adopt the draft procedure as recommended by staff

· Resolve to request a further report addressing matters identified by Council to be included in a draft procedure

· Adopt the recommendations of the Department of Planning and Environment ‘Development Assessment Best Practice Guide’.

Community and Stakeholder Engagement

Engagement undertaken

The draft Procedure has been reviewed by internal stakeholders and builds on the current processes in place for reporting development applications to Council for decision. It considers the best practice advice issued by the Department of Planning and Environment.

Engagement planned

No further engagement is planned following this report to Council should the draft procedure be adopted. If adopted, the procedure will be published on Council’s website in the policies and procedures database.

Financial and Resource Considerations

Drafting procedures is part of the regular business of Council and resourcing to undertake this function is included in Council’s adopted 2022–23 Budget. If adopted, the new procedure will not have any additional budget or resourcing implications.

Legal /Policy

The draft procedure clearly outlines Council policy for reporting development applications to Council for determination.

Note the provisions regarding Councillor and senior staff DAs being considered by Council are covered by Procedure 3.01.4.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft Procedure aligns with the Bega Valley Community Strategic Plan 2042 strategy E.8: Council has a governance framework that promotes and guides accountability and transparency.

Environment and Climate Change

There are no direct environment or climate change impacts arising from the adoption of the draft procedure.

Economic

There are no direct economic implications arising from adoption of the draft procedure.

Risk

The procedure clearly identifies which development applications will be reported to Council for decision and addresses the risk of a development application being determined without appropriate delegation.

Social / Cultural

There are no direct social or cultural impacts arising from the adoption of the draft procedure.

Attachments

1 ⇩. DRAFT procedure 3.01.01 Reporting of development applications to Council

Council 16 November 2022

Item 8.2

8.2. 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

On 17 August 2022 Council considered a report regarding the ‘Finalisation of draft amendments to requirements for off-street car and bicycle parking’ and resolved to defer the item pending a Councillor workshop. This workshop was held on 28 September 2022 and the matter is being presented again for Council’s consideration.

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 with the 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.

The proposed amendments aim to:

· make housing more affordable by decreasing the strata area of units and incentivising development of small dwellings

· reduce car parking requirements for units to align with actual car ownership rates

· support the transition to renewable energy by requiring large commercial developments to provide recharge points for scooters and e-bikes, and adaptable power plugs and designated parking spaces for electric vehicles

· create opportunities for commercial and residential development in town centres through more flexible or reduced car parking requirements.

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 DCP 2013 as exhibited, with minor changes as identified in Attachment 1.

On 17 August 2022 Council considered a report regarding the ‘Finalisation of draft amendments to requirements for off-street car and bicycle parking’ and resolved to defer the item pending a Councillor workshop. This workshop was held on 28 September 2022 where Council officers presented the background and reasoning for the proposed amendments to the DCP 2013.

Options

The proposed changes to the DCP 2013 have been developed in response to adopted strategic directions of Council, therefore adoption of the proposed amendments 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, 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 exhibited 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 developments requiring 50 or more car parking spaces, a minimum of 2 in 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 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 the 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 would provide an incentive for development of one bedroom apartments.

Census data (2021) 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 amendments to the 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 (2021). It was found that the total likely car parking spaces required based on an average spread of car ownership as per the 2021 Census data aligns very closely to the proposed amendments to car parking standards in Bega, Eden and Merimbula. The existing DCP 2013 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

Council 16 November 2022

Item 8.3

8.3. Funding for new local infrastructure contributions plan

It is proposed to increase the budget allocation for the development of Council’s new local infrastructure contributions plan and planning agreement policy to include the development of an affordable housing contributions scheme.

Director Community Environment and Planning

Officer’s Recommendation

That Council allocate an additional $60,000 from local infrastructure contributions to include investigation and development of an affordable housing contributions scheme as part of the development of the new local infrastructure contributions plan and planning agreement policy.

Executive Summary

The 2021-22 budget included $100,000 from developer contributions to develop and deliver a new local infrastructure contributions plan and planning agreement policy. This was subsequently carried over in the 2022-23 budget.

At the time the budget was set, the Affordable Housing Strategy had not been adopted. The strategy was subsequently adopted including an action to investigate and develop an affordable housing contributions scheme.

As such, staff drafted the request for quote to include both developing and delivering a new local infrastructure contributions plan and planning agreement policy, and to investigate and develop an affordable housing contributions scheme.

A request for quotation (consultancy services) 2223-001 was issued and closed in July 2022. Responses were assessed by the evaluation panel in accordance with the evaluation plan.

The cost of the project from the preferred tenderer exceeded the original $100,000 budget allocated for the project as the original budget allocation did not consider the costs associated with the investigations and potential development of an affordable housing contributions scheme. Additional budget is required to meet this cost and enable Council to complete the work identified in the strategy.

The proposal to increase the budget for this project will not impact the General Fund. Plan administration is a permissible expense under the current local infrastructure contributions plan and the budget increase, if supported, will be funded through local infrastructure contributions plan revenue.

Background

The purpose of a local infrastructure contributions plan is to authorise consent authorities or private certifiers to impose a condition requiring a contribution under section 7.11 or a levy under section 7.12 of the Environmental Planning and Assessment Act 1979. These contributions and levies are for the purpose of providing, extending or augmenting local infrastructure for the use of the community.

Local infrastructure contributions supplement Council funding for vital community infrastructure such as cycleways, footpaths, roads, parks, drainage and community facilities. The contributions help to ensure that population growth and new development is accompanied with the infrastructure capacity necessary to support it. Community infrastructure that is to be funded through a local infrastructure contributions plan is listed in a works schedule within the plan.

Local infrastructure contributions plans used to be known as ‘developer contributions plans’ or ‘section 94 and 94A plans’ until recent changes to the Environmental Planning and Assessment Act 1979 renamed them and amended the section numbers to 7.11 and 7.12.

Council’s current local infrastructure contributions plan, the Bega Valley Section 94 and 94A Contributions Plan 2014, and accompanying Planning Agreement Policy were adopted in 2015 and are due for review.

Council officers prepared a request for quotation (consultancy services) 2223-001 to develop and deliver a new local infrastructure contributions plan and planning agreement policy. The project scope includes:

• Developing a framework for the efficient determination, collection and management of contributions towards the provision of local infrastructure in the Bega Valley Shire.

• Updating the works schedule to specify what infrastructure will be provided and approximately how much it will cost.

• Developing a new planning agreement policy to guide negotiations for the provision of infrastructure between a developer and Council in lieu of section 7.11 or 7.12 contributions.

• Completing a detailed feasibility analysis in accordance with the NSW Department of Planning and Environment’s viability tool and make recommendations on the potential for an affordable housing contributions scheme; and develop an affordable housing contributions scheme if recommended. This task is based on actions in the Bega Valley Shire Affordable Housing Strategy.

Responses to the request for quotation closed in July 2022. The responses were assessed by the quotation evaluation panel in accordance with the quotation evaluation plan, however, the cost of the project from the preferred tenderer exceeded the allocated $100,000 budget for the project.

It is noted that the Bega Valley Shire Affordable Housing Strategy was not drafted at the time that Council resolved to prepare a new local infrastructure contributions plan and the original budget was allocated. As such, the additional costs associated with the investigations and potential development of an affordable housing contributions scheme were not considered at the time of the budget estimate.

This report requests that Council authorise the allocation of additional funds so that the preferred tenderer may be engaged to undertake the project. This will help Council meet one of the actions identified in the Affordable Housing Strategy.

Options

1. Council could resolve to allocate additional funds from developer contributions towards the project to ensure the project is delivered in its entirety by the preferred tenderer. This is the recommended option.

2. Council could resolve to engage the preferred contractor to deliver the project without the affordable housing contributions scheme component. This would require Council to consider allocating approximately $60,000 in the 2023/24 financial year to complete this component of the project, however any economies of scale from undertaking this work at the same time as the development of the local infrastructure contributions plan would be lost.

Community and Stakeholder Engagement

Engagement undertaken

No community or stakeholder engagement has been held to date.

Engagement planned

A community and stakeholder engagement plan will be developed and implemented as part of the project. The final draft documents will also be formally exhibited in accordance with legislative requirements and Council’s Community Engagement Strategy.

Financial and Resource Considerations

The project commenced in the 2021/22 Operational Plan with a budget of $100,000 from income received from contributions under the Bega Valley Section 94 and 94A Contributions Plan 2014. The project continued in the 2022/23 Operational Plan and the budget allocation was carried over.

Annual income received under the Bega Valley Section 94 and 94A Contributions Plan 2014 is variable. In 2020/21 Council received $2,216,000 in contributions. Income received from contributions is restricted and can only be spent on items listed within the plan – this includes plan administration. The proposal to increase the budget for this project will not impact the General Fund. The additional $60,000 will be funded from contributions received.

Item	$ Excl GST
Expenditure Detail
Develop and deliver a new local infrastructure contributions plan and planning agreement policy, including investigation and development of an affordable housing contributions scheme	$160,000

Total Expenditure	$160,000

Source of Funds
Approved budget 2022/23 - Developer Contributions	$100,000

Total income available	$100,000 * total income = total project cost

Project Funding Shortfall Proposed to be funded from Developer Contributions- Permissible plan administration expense	$60,000

Legal /Policy

Local infrastructure contributions are levied under section 7.11 or section 7.12 of the Environmental Planning and Assessment Act 1979.

Income received from contributions is restricted and can only be spent on items listed within the plan – this includes plan administration.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with the following strategic objectives of the Bega Valley Community Strategic Plan 2042:

• Our public and private infrastructure and community services meet community needs.

• Our community has access to good quality open space, recreation and sporting facilities that support health and wellbeing.

• Council has strong organisational practices to ensure a viable organisation that delivers services and facilities to meet community needs.

The project will deliver the following actions from the Bega Valley Shire Affordable Housing Strategy:

• Strategy 12: Council will develop a Planning Agreement Policy under section 7.4 of the Act, whereby Council can capture part of the uplift associated with land value uplift arising from Planning Proposals to amend LEP provisions, and/or proposed variations to planning controls.

• Strategy 17: In conjunction with any proposed rezoning … conduct further detailed investigations into the viability of a Housing SEPP 2021 Affordable housing contributions scheme

The project aligns with the following key response areas of the Bega Valley Shire Climate Resilience Strategy:

• Natural systems

• Preparing for natural hazards

• Liveable and connected places

• Safe, healthy and inclusive community

Income received under the new local infrastructure contribution plan will assist with the delivery of aspects of Council’s Delivery Program and Operational Plan, Long Term Financial Plan and Asset Management Plans.

Environment and Climate Change

The new local infrastructure contribution plan will help to ensure that well planned and resilient infrastructure is provided to support new development and the future population. The plan will make the shire and our community more resilient through incorporating elements of the Bega Valley Shire Climate Resilience Strategy to create liveable and connected places and a safe, healthy and inclusive community while protecting natural systems and preparing for hazards through the planning and funding of future infrastructure.

Economic

The new local infrastructure contribution plan will provide the framework for the efficient determination, collection and management of contributions towards the provision of local infrastructure. The plan will ensure that developers make a reasonable contribution to the provision of local infrastructure so that the existing or future community is not burdened by the cost of providing new or upgraded infrastructure that is required a result of new development.

Risk

The new local infrastructure contribution plan will ensure that Council has an up-to-date contributions plan that is prepared in accordance with current legislative requirements and best practice.

Social / Cultural

The new local infrastructure contribution plan will assist with the funding of vital community infrastructure such as cycleways, footpaths, roads, parks, drainage and community facilities that will be required by the community as a result of new development. The plan may also provide a source of funding for affordable housing projects.

Attachments

Nil

Council 16 November 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 5 October 2022.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 5 October 2022 and tabled at the 16 November 2022 Council meeting.

1. Tathra Wharf to Waves – Bike Event – Saturday, 4 March 2023

1. That subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 4 March 2023 be approved.

2. That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 4 March 2023 be deemed a Class 2 special event and be conducted under an approved Traffic Control Plan in accordance with the Transport for NSW (TfNSW) Traffic Control Manual.

3. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW 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 Force and TfNSW by name for the event.

6. That prior to conducting the event, organisers have written approval from NSW Police Force and NSW National Parks and Wildlife Service.

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

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

9. That approval is conditional on current COVID19 rules and regulations being followed.

2. Request for removal of timed car space – Carp and Auckland Street - Bega

That Council approve the removal of one car space directly in front of L J Hooker - Bega, as it is outside the legislated 20m from the intersection. A “No Stopping” sign to be installed in its place.

3. Bermagui Netball Courts – Accessible parking space

That Council approve the installation of two accessible car spaces and shared zones, at the Bermagui Netball Courts adjoining Dickenson Oval, in accordance with the Design Plan Rev B.

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 TfNSW who are responsible for traffic control on all NSW 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

Tathra Wharf to Waves – Bike Event – Saturday, 4 March 2023

Tathra Wharf to Waves is a 25 km non-competitive bicycle ride predominately on National Parks managed land from Bega to Tathra. The ride is part of the Wharf to Waves weekend conducted in accordance with DA 2011.382.

The bike ride will run from at 4.00pm until 7.30pm via Reedy Swamp Road, Quarry Road, Goats Knob Road, and a section of the Tathra Bermagui Road to the top of Fords. The riders will then turn left off Tathra Bermagui Road at the top of Mogareeka Hill and ride around the “Fords” Headland area to the North of the Bega River Headland, then onto Bay Drive re-joining Tathra Bermagui Road north of the bridge.

Request for removal of timed car space – Carp and Auckland Street - Bega

Council received the following request:

I would like to bring to the attention of the committee, a timed parking space placed in a prohibited parking area.

The space is on the corner of Auckland Street and Carp Street, Bega. It is located within 20 Metres of traffic lights on the corner.

Can arrangements be made for this to be converted into a no stopping zone please.

LTC representatives viewed photos of this intersection along with the current version of the “Stopping and Parking Restrictions at Intersections and Crossings” and raised concerns with this vehicle parking space not being in accordance with the Technical Directions. There was a noted conflict with vehicles reversing from the car space into the pedestrian crossing at the intersection. Due to this risk and the fact the car space was not in accordance with the current Technical Directions, the members of the committee are of the opinion this one car space should be removed.

Although one of the car spaces in front of the Grand Hotel’s Carp Street frontage was also not ideal, it did not pose the same risk to pedestrians and therefore could stay until such time as council undertake any Carp Street on street parking or street scape review.

Bermagui Netball Courts - Accessible parking space

The following request has been received from staff for the approval of accessible car parks at the Bermagui Netball Courts:

Please see design plans - Bermagui Netball courts: This project is to construct

upgraded netball courts in Bermagui at the location dictated in the attached plan. There is

currently no formalised accessible infrastructure for this community sporting venue and as such the design plans incorporate two compliant parking bays and an accessible path of travel to access the venue.

As per the long section for the path of travel and the drain, no grades exceed 1% fall front to back, or 1.5% fall left to right, with 3% being the maximum allowable grade for the designed surface treatment. The available length of bay from the front edge is 7.9m to the intersecting point with the drain. This easily allows for the 5.4m parking bay and the 2.4m unmarked shared zone.

Options

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

Outcome of Council’s resolution regarding the Bermagui Netball Courts accessible parking will be reported to Council’s Access and Inclusion and Advisory Committee

Financial and Resource Considerations

There are no additional financial and resource considerations associated with this report.

Legal /Policy

AS/NZ 2890.6 is relevant to the provision of, installation and arrangement of the accessible parking spaces desired at the Bermagui Netball courts.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environment and Climate Change

There are minor environmental impacts from waste management that are addressed via conditions for the proposed events.

Economic

There are some minor positive local economic benefits from the Tathra Wharf to Waves – Bike Event.

Risk

There are no risks associated with this report.

Social / Cultural

There are improved Social/Cultural outcomes associated with the events proceeding and accessible parking being made available at the subject locations.

Attachments

1 ⇩. Tathra wharf to waves bike ride - 2023

2 ⇩. Stopping and parking restrictions at intersections

3 ⇩. Corner Carp and Auckland car space photo

4 ⇩. Bermagui netball courts - Design revision B

Council 16 November 2022

Item 9.2

9.2. RFT 2223-015 Construction of Kiah & Wandella Community Halls

This report outlines the evaluation of the Request for Tender (RFT) 2223-015 for the construction of Kiah and Wandella Community Halls.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council decline to accept the submitted tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter negotiations with the preferred tenderer to find sufficient savings to achieve budget, with a view to entering into a contract for construction works.

3. That should the negotiations or request for variation not result in an outcome to achieve budget, staff undertake further review of the project scope, to find savings to achieve the project within budget while delivering core project objectives.

4. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2223-015 Construction of Kiah & Wandella Community Halls

5. That the preferred tenderer is advised of this decision.

Executive Summary

This report details the outcome of the evaluation for RFT 2223-015 for construction of Kiah & Wandella community halls.

The procurement process has been carried out in accordance with standard Council procedure. Three tender submissions were received. The results of the detailed evaluation of each tender submission are consolidated in the confidential memo attachment.

The project is principally funded by the Bushfire Local Economic Recovery Fund (BLERF) and Councils bushfire insurance claim.

Background

In November 2021, Bega Valley Shire Council publicly tendered through expression of interest architectural services for the design & documentation to rebuild Kiah & Wandella community halls.

Council accepted the tender to award architectural services to Facility Design Group in April 2022. Design, documentation and planning approvals proceeded. On the 11 of August 2022, Bega Valley Shire Council publicly tendered the construction of Kiah & Wandella community halls and on the 21 of September 2022 tenders closed.

The construction tender includes all labour and materials to construct and complete the buildings to appropriate standards including occupation certification.

In line with requirements specified in the Bushfire Local Economic Recovery Fund deed, Council staff met with representatives of the Project Control Group (PCG) from Department of Regional NSW, Public Works Advisory (PWA) and Resilience NSW on 5 October 2022 to review the outcome of the tender process and seek endorsement for a request of variation to the BLER deed to cover a funding shortfall. A request for variation has been submitted by Department of Regional NSW on 12 October 2022 and is currently being assessed.

Options

1. Decline all tenders and re-issue amended design in the anticipation of reducing costs

This is not a viable option; the detailed design phase included a detailed Value Management Study providing substantial cost savings to the project. The size of the buildings is designed for their occupancy and can’t be made any smaller, the building envelope has been designed lightweight and single skin and finishes kept to a minimum.

The consequence of an amended design re-issue would considerably delay the project overall resulting in potential increase of costs and notably an inability to meet construction completion timeframes as stipulated in the Bushfire Local Economic Recovery Funding deed.

Not recommended.

2. Decline all tenderers and enter negotiations with preferred tenderer

Accepting the recommendation would provide a natural continuation of the project which achieves best value for money and benefit to the community through endorsing the community’s preference and minimising disruption to the delivery and construction timeframe and project budget. This option allows negotiations to continue until an outcome of request for variation is determined.

Recommended.

Community and Stakeholder Engagement

As previously reported to Council extensive public community consultation has been undertaken from November 2020 through to February 2022.

The input from community consultation sessions enabled site-specific project design briefs to be developed that informed the Architects during detail design for the final construction drawings and specifications.

Council staff continue to undertake direct engagement with key stakeholder groups formed from during the community consultation since November 2020.

Engagement undertaken

Focused engagement was undertaken with the Kiah & Wandella communities affected by the bushfires through community meetings held in both Kiah and Wandella. The meetings were held to inform and consult on detail design to ensure their needs were being met in the final designs and to provide updates on the project progress. The level of engagement offered included group meetings and other available communication options i.e., social media, BVSC Website and the local media outlets to inform the community of the project progress.

Council staff have continued to engage with external agencies including Planning NSW, Regional NSW, Public Works Advisory and Resilience NSW to ensure the project is in line with legislative requirements and promote best practice in disaster recovery.

Engagement planned

Community and stakeholder engagement will continue aligned with the Inform level of engagement. Consult level of engagement will occur should there be any major deviation from the design brief during construction.

Important milestone updates will also be provided via media releases as the project progresses.

Bega Valley Shire Council’s project representatives will continue to meet monthly with the Project Control Group (PCG) for the relevant government funding administering agency of the Bushfire Local Economic Recovery Fund (BLERF).

Future engagement also expected in conjunction with interrelated community led projects such as memorial walls, landscaping design, colour selections, furniture and equipment selections and the grand opening ceremonies will require ongoing consultation during the construction phases.

Financial and Resource Considerations

Refer to confidential memo for table display of expenditure against available income for RFT 2223-015.

Item	$ Excl GST
Expenditure Detail

Total Expenditure	Refer to the confidential memorandum XXXX (sum of all costs)

Source of Funds
<approved budget\|revenue funded>
<grant income\|name of grant>
<reserve funds\|name of reserve
Total income available	Refer to the confidential memorandum * total income = total project cost

Total Project Capital Cost	Refer to the confidential memorandum
Total Available Construction Funding	Refer to the confidential memorandum
Project Funding Shortfall	Refer to the confidential memorandum *= total expense – total income*

Financial Option Impacts | Life Cycle Costing

Refer to confidential memo for table displays of expenditure against available income for RFT 2223-015.

Legal /Policy

The RFT process was conducted in accordance with the NSW Local Government Act 1993 (the Act) and Chapter 6 Part 3, Division 1 Tendering (section 55) of the Act.

In addition, all Tenderers must comply with the New South Wales Government's Code of Practice for Procurement.

Submission of an RFT shall be evidence of the Tenderer's agreement to comply with the general requirements set out in this RFT for the Contract duration awarded.

The evaluation process for this RFT was undertaken in accordance with BVSC Procurement Guidelines and the Evaluation Criteria requested in the RFT tender schedules.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

· Outcome 4: Liveable places

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

· Strategy 18: Consistently engage and consult across the whole community to ensure a diversity of voices are heard and that feedback is captured and considered for decision making and advocacy purposes.

The proposed developments have been assessed against the requirements of the EP & A Act, the LEP, Community Strategic Plan and has been found to be an acceptable development, which is consistent with the planning framework for the locality

Environment and Climate Change

The new modern functional buildings will perform efficiently and provide maximum opportunity to generate income and reduce liability to Councils operational costs. The buildings have been designed to incorporate several initiatives that promote ecologically sustainable design. Natural ventilation for the halls has been taken into account-to produce healthy and naturally comfortable participation spaces and all internal electrical and mechanical services have been designed to comply with Part J requirements.

Water harvesting and recycling has been included with underground harvesting tanks proposed. This water will be used for toilet cistern flushing and watering of gardens and landscaping.

The buildings have been orientated to take advantage of the northern sun; the roof form has been adapted to maximise the roof area facing north thus providing maximum advantage for the solar technologies to be utilised.

The new hall design will be to BAL 40 construction for bush fire protection. The halls will also function as a post event refuge for future natural disasters but not a fire shelter during an event.

Many of the internal and external finishes are prefinished requiring minimal ongoing maintenance and costs.

Economic

Funding for the halls will principally be provided under the Bushfire Local Economic Recovery Fund (BLERF). The BLERF co-funded by the NSW and Australian Governments, will support social and economic recovery in regional communities affected by the 2019-20 bushfires.

The funding will be administered by Resilience NSW in partnership with the Department of Regional NSW.

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 unforeseen & 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

The social benefits that grow from these facilities are numerous and provide economic benefits to the community. The potential for a greater social interaction at the new community hall buildings is enhanced with the variety of program opportunities provided. Interaction between the differing age groups that will be attracted by the range of facilities will have a positive impact on the age divide.

The enhanced development will have a contemporary modern range of facilities to complement the existing built form. This modernisation will put new vigour into the overall community. This community facility will benefit not only the immediate locality but the greater locality. Positive social outcomes are expected from the halls.

Attachments

1 . Confidential Attachment RFT 2223-015 Construction of Kiah & Wandella Community Halls (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 16 November 2022

Item 9.3

9.3. RFT 2223-030 Kameruka Lane upgrade

This report details the outcome of the evaluation of Tender RFT 2223-030 Kameruka Lane Upgrade and recommends award to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accept the tender from (insert) in relation to contract for the works described in Tender RFT 2223-030 Kameruka Lane Upgrade, in the amount of $(insert) (including GST), subject to variations and provisional sums.

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

4. That the other tenderers be advised of Council’s decision.

Executive Summary

The Kameruka Lane upgrade is a grant funded project with a Council co-contribution to stabilise and seal Kameruka Lane thereby improving the quality of living for residents along the road and the amenity of others who use this road as a throughfare.

The outcomes and recommendations of the tender process are detailed in the attached confidential memorandum.

Background

The Kameruka Lane Upgrade project has been advocated for by the local community for a number of years, with funding from the NSW State Governments Fixing Local Roads (FLR) funding program being announced in April 2021. The funding deed required a co-contribution from Council of a third of the funding allocated by the program.

Detailed design development, including a Review of Environmental Factors (REF) were subsequently undertaken. During the project design phase, it was identified through on-site investigation the presence of registered Aboriginal artefact sites scattered along the length of Kameruka Lane requiring an Aboriginal Heritage Impact Permit (AHIP) which was finally issued by NSW Heritage on the 19 September 2022.

The Request for Tender, RFT 2223-030 Kameruka Lane Upgrade, was released for public tender via Vender Panel on Wednesday 5 October 2022 for a three-week period.

Tender submissions were evaluated in accordance with the approved tender evaluation plan, and the outcomes and recommendations are detailed in the attached confidential memorandum. The tender evaluation criteria were as follows:

PROJECT VALUE:

Overall project cost

PROJECT DELIVERY & FUNCTIONALITY:

Proposed delivery, including methodology, staff, contractors, equipment

Construction program

Recognition of local outcomes, demonstration of support for local business and community enterprise

Support of Indigenous business development, provision of opportunities for Indigenous Australians to participate in the economy

PROJECT EXPERIENCE:

Experience completing similar projects

Work health and safety, quality and environmental management qualifications

Demonstrated capacity to undertake this project

Options

As part of the design phase the project was separated in three key sections to enable the project to be staged if the project budget was exceeded during the tender phase.

1. Kameruka Lane road construction

2. Kameruka Lane North intersection construction

3. Kameruka Lane South intersection construction

As discussed further in the report it is anticipated the entire scope can be delivered by the preferred tenderer within the current funding allocations.

Community and Stakeholder Engagement

Engagement undertaken

Engagement to date has involved informing residents along the road with regular project updates and collaborating with members of the local and broader Aboriginal Community.

Residents who live along the stretch of Kameruka Lane, and the wider community who regularly use Kameruka Lane have been kept informed of changing circumstances and project updates as Council moves forward. This has involved notification via media releases about project timelines, delays, and milestones. Additionally, residents who live on Kameruka Lane have been informed via letter box drop about the requirement for council to cease maintenance grading until the AHIP was concluded.

Engagement with the local Aboriginal community has been facilitated through Council’s heritage consultants and has been undertaken in person as they have participated in the AHIP process. Members of the Djirringanj Elders Federation and the Bega Local Aboriginal Lands Council responded to invitations that were sent out and have provided Council and our consultants with specific local cultural information to assist in the obtaining of an AHIP. These local Aboriginal community groups have also participated in site walkthroughs and archaeological excavation activities.

Engagement planned

Ongoing engagement is planned for the residents along Kameruka Lane and the broader community by way of media releases through Councils various platforms, these will be published when there are milestones or project updates to announce. The residents along Kameruka Lane will also be informed by letterbox drop of more critical traffic control arrangements during construction that they will be affected by.

Additional engagement will be undertaken with the local Aboriginal community prior to construction which will include an Aboriginal cultural induction to site by members of the local Aboriginal community. This induction will be performed with the contractor and any workers onsite as an engagement tool and educational session to educate the workers on the sites history and what to look out for during construction.

Financial and Resource Considerations

The project is externally funded but includes a BVSC co-contribution, this budget amount has been determined as sufficient to complete the project based upon the evaluation panel’s recommendation to Council.

Item	$ Excl GST
Expenditure Detail
Design and Investigation Costs	$189,582
Kameruka Lane road construction	Confidential
Kameruka Lane North intersection construction	Confidential
Kameruka Lane South intersection construction	Confidential
Total Expenditure	$
	Confidential
Source of Funds
BVSC Co-Contribution	$647,335
Fixing Local Roads (FLR)	$1,942,005
Total income available	$2,589,340

Total Project Capital Cost	$2,589,340
Total Available Construction Funding	$2,399,758
Project Funding Shortfall	$

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Upgrade	$2,589,340
Annual maintenance and operational costs (excluding depreciation)	Current maintenance cost $19,069.77 Predicted maintenance cost $18,779.94 Savings $289.83
Depreciation costs	Estimated current depreciation cost $26,526 Estimated future depreciation costs after upgrade $54,625
User charges (annual income)	Nil

Legal /Policy

Council is the local road authority, and the proponent and the determining authority of the project under division 5.1 under the Environmental Planning and Assessment Act (EP&A Act) 1979.

The tender process complied with the Local Government Act 1993 and Council procedures.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This project aligns with Councils adopted Community Strategic Plan to ensure

“Our public and private infrastructure and community services meet community needs”.

The project aligns with Council's Delivery Program and Operational Plan, theme areas:

D.2 to provide infrastructure and services to meet the needs of residents in our towns, villages and rural areas.

D2.3 Manage the delivery of major capital infrastructure projects across Council, which includes:

· D2.3.4 Delivery of the sealing of Kameruka Lane.

D2.4 Construct (upgrade or renewal) civil assets/infrastructure.

Environment and Climate Change

The completion of the Kameruka Lane upgrade will improve environmental outcomes for the area with the reduction of dust and potential sediment run off from the road. In its current unsealed state Kameruka Lane produces dust in dry weather when vehicles drive on it, and in strong winds, and sediment runoff during rain events.

The sealing of Kameruka Lane will remove any potential for dust to form, and vastly reduce the unsealed area which has the potential to erode, thus reducing any sediment runoff into the waterways.

Economic

This project will provide economic benefits to farming businesses along the road by reducing the wear and tear on vehicles and reducing travel times for transporting products and materials.

Risk

The financial risk to the project is undertaking this project with a project contingency of less than 10%. This will be mitigated through close management of the project through the construction phase by monitoring contract variations and seeking savings where possible.

Due to the predicted wet weather that has the potential to occur over summer, and the nature of the work, this project has the potential to experience wet weather delays which represent a risk to the project going over time and outside of the funding deed timeframes.

This will be managed closely with the contractor to increase efficiencies where possible to deliver the project on time and budget.

Social / Cultural

The location of Kameruka Lane the nature of the proposed works has the potential to impact the historical significance of the area due to the high potential for the presence of Aboriginal artefacts that may be disturbed and as such was subject to the AHIP process.

These impacts have been offset by the collection and reburial of all surface artefacts within the impact area, and the involvement of the local Aboriginal community in the investigation and collection process. This involvement and the knowledge they bring has been crucial to the AHIP process and facilitating Council in completing this project.

This project provides social benefits for residents and road users in the area as it removes the burden of living on or travelling on an unsealed road. Travelling on an unsealed road increases wear and tear on vehicles, and creates dust which negatively affects people, properties, vehicles, and the surrounding environment. As such the sealing of the road will improve the quality of living for these residents and other key road users.

Attachments

1. Confidential attachment to Council report RFT 2223-030 Kameruka Lane upgrade (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 16 November 2022

Item 9.4

9.4. RFT 2122-094 Construction of Bermagui Harbour and Pambula Lake Boat Ramps and Pontoons

This report outlines the evaluation of tender RFT 2122-094 Construction of Bermagui & Pambula Lake Boat Ramps & Pontoons, funded via the NSW Boating Now Program (Round 3), and recommends award to 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 the contract for the selected works described in the tender RFT 2122-094, in the amount of [insert].

3. That Council endorse the additional BVSC contribution amount as required to receive additional Boating Now Round 3 grant funding as outlined in the confidential attachment.

4. That variations and amendments be managed under the existing BVSC financial delegations.

5. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2122-094.

6. That any project budget amendments be included in future quarterly budget reports.

7. That all tenderers be advised of council’s decision.

Executive Summary

The works subject to RFT 2122-094 Construction of Bermagui & Pambula Lake Boat Ramps & Pontoons is an asset renewal and improvement project, with works located within the Bermagui & Pambula Lake areas. The project aims to renew existing assets and make improvements to comply with current standards, user needs and expectations. The scope of works includes new (Bermagui) or improved (Pambula Lake) boat ramps, floating pontoons, and vehicle/boat parking. The intention is for both sites to be let as a single construction contract. The projects are funded by NSW Boating Now Program (Round 3) and Bega Valley Shire Council project contributions.

The initial response from the RFT was over the allocated project budget. A funding variation with Transport for NSW (TfNSW) requesting additional funds has now been approved. Options for substantial cost savings have been achieved through a value management process involving scope revisions to the Pambula Lake project. The revised scope has been discussed with the Pambula Lake Project Control Group (PCG), and the group has endorsed this approach as it retains priority project elements. These two measures together with Council endorsement of the Officer’s Recommendations will see the projects delivered.

The project has a defined completion date, determined by the NSW Boating Now Program (Round 3). The procurement process has been carried out in accordance with Council procedures. As the projects are fundamentally based on asset renewals the projects are unlikely to impose any significant additional financial burden on Council in the future. No significant risks or liability to Council has been identified in relation to community and stakeholder engagement, safety, environmental, economic, or social impacts.

Background

At the Council meeting on 9 February 2022 Council considered the report 9.12. Bermagui Harbour and Pambula Lake (Broadwater) Boat Ramp Upgrades - Concept Designs and resolved:

1. That Council receive and note the information in this report.

2. That Council endorse the final concept designs for the Bermagui Harbour and Pambula Lake (Broadwater) Boat Ramp Upgrades.

3. That Council approves the Chief Executive Officer, or their delegate, to proceed with the project following endorsement of these concept designs.

4. That Council delegate authority to the Chief Executive Officer, if required, to endorse minor amendments to the design to fit within the project budget.

Based on the Council resolution on 1 June 2022, Bega Valley Shire Council publicly tendered the construction of new boat ramps and pontoons for Bermagui Harbour & Pambula Lake. Tenders closed on 13 July 2022 after a period of six weeks in the market.

The construction tender includes all labour and materials to construct and complete the projects to relevant standards. The tender attracted significant interest with over 40 potential tenderers viewing and downloading the information.

The outcome of the tender was that the total project cost was above the funds available (Refer to the Financial and Resource Consideration in the attached confidential memorandum). Council Officers worked through the process of developing options to progress with the project including liaising with the PCG and TfNSW to discuss the process to seek additional funds and amend the scope of works while still addressing key priorities.

An aspect of developing these options was getting a current structural assessment of the existing boat ramps to determine their condition and options to extend the useful life of the existing ramps. The outcome was that, with reinforcing and maintenance works, the Pambula Lake ramp would be in good condition for intended use. Additional maintenance work costs have been allocated in the approved funds.

Council officers liaised with TfNSW to progress a variation for additional funding and scope revisions which were approved on 25 October 2022.

Options

Option 1 - Accept the preferred conforming tender

Accepting the recommendation would provide a natural continuation of the project which achieves best value for money and benefit to the community. This option aligns with the community’s priorities while minimising disruption to the delivery and construction timeframe and project budget.

This is the recommended option.

Option 2 - Decline all current tenders and re-issue amended design in the anticipation of reducing costs

The tender included a cost breakdown for scope items to be removed should budget constraints arise. Substantial cost savings to the project have already been made and any further scope reduction may affect the funding conditions.

The consequence of an amended design re-issue would considerably delay the project, resulting in potential increase of costs and notably an inability to meet construction completion timeframes as stipulated in the executed funding deed. This is not a viable option.

Option 2 is NOT recommended.

Community and Stakeholder Engagement

Engagement undertaken

A key aim of the projects for Bega Valley Shire Council is to partner with the local users to successfully rebuild fit for purpose facilities. This has meant forming Project Control Groups at each site and working collaboratively with these stakeholders on a vision for the projects and encouraging proactive and meaningful participation throughout the project lifecycle. The proposed boat ramps, pontoons, fish cleaning facility and boat/vehicle parking meets community and user needs now and into the future.

An overview of engagement during concept development is included in the Council report 9 February 2022 9.12. Bermagui Harbour and Pambula Lake (Broadwater) Boat Ramp Upgrades - Concept Designs. Leading into design development focused engagement with the PCG’s at both Bermagui and Pambula Lake. The meetings were held to inform and consult on detail design to ensure their needs were being met in the final designs and to provide updates on the project progress.

Council staff have also continued to engage with external agencies including TfNSW and Fisheries to ensure the project is in line with Recreational Boating Facilities Guidelines and the BVSC Maritime Infrastructure Plan.

On 24 October 2022 Council staff met with the PCG of the Pambula Lake project to discuss a scope variation that will deliver on key project priorities but amend the boat ramp aspect to include reinforcing and maintenance (in lieu of complete replacement) which will extend the useful life on the existing ramp. The scope changes were approved by all PCG members.

Engagement planned

Once the tender is awarded, community and stakeholder engagement will continue aligned with the inform level of engagement. Consult level of engagement will occur should there be any major deviation from the design or scope as the project progresses.

Once construction starts Bega Valley Shire Council’s project representatives will update the project PCGs monthly and as required under the funding agreement. Important milestone updates will also be provided via media releases and / or social media posts as the project progresses.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Bermagui Harbour & Pambula Lake Projects actual & committed costs to date.	$160,788
Construction Works RTF RFT 2122-094	See confidential attachment
Forecast ramp repair cost (Pambula existing ramp only)	$100,000
Project Contingency	$ 120,552
Total Expenditure	See confidential attachment

Source of Funds
NSW Boating Now Program (Round 3)	$1,805,318
BVSC Contribution	$479,895
Total income available	$2,285,213

Total Project Capital Cost	See confidential attachment
Total Available Project Funding	$ 2,285,213

Cost control measures are in place during the procurement and delivery process to manage costs within the available budget. Any unforeseen project variations will be managed in accordance with BVSC financial delegations and included in future quarterly budget reviews.

It is noted that all project funding has been combined to deliver the project outcome. Grant funding will be spent on the site it has been identified for according to the funding split requirements. Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	See confidential attachment
Annual maintenance and operational costs	$8400
Depreciation costs	Avg asset 50- year useful life. Depreciation = $45,704 per annum
User charges (annual income)	Nil

Legal /Policy

The tender process conducted for RFT 2122-094 Construction of Bermagui & Pambula Lake Boat Ramps & Pontoons complies with the Local Government Act 1993 and the local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The boating infrastructure projects are 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.

D5.4.3 Progress with and deliver projects - Recreation Marine – Boating Bermagui Harbour & Pambula Lake, Quarantine Bay fishing platform

The Pambula Lake and Bermagui Harbour projects are included in the BVSC Maritime Infrastructure Plan and the Transport for NSW Far South Coast Regional Boating Plan.

Environment and Climate Change

The potential impacts on environmental values and contribution to climate change are considered minimal.

The Pambula Lake (Broadwater) boat ramp upgrade project is situated in an environment of sensitivity whereby impacts to water quality during construction may affect nearby Oyster leases. This impact is considered to be minimal given the minimal extent of earthworks required for this project; appropriate controls will be implemented during construction. The renewal of the exit road and its scour protection means that there will be less erosion of this road asset.

A Review of Environmental Factors (REF) has been completed and relevant permits for construction works will be obtained through Fisheries prior to commencing works.

Economic

Fishing and boating are popular recreational pastimes for both locals and visitors. It is known that people travel to the area to participate and take advantage of the waterways of the Bega Valley. Fishing events are held which attract large numbers of visitors to the area. Improved facilities enable better access and economic benefits are likely to flow from the NSW Boating Now facility upgrades for the respective communities via promotion of safe, good quality recreational boating facilities.

Risk

The RFT evaluation included an assessment against non-price criteria to allow Council to achieve an overall value for money outcome.

A contingency amount is included in project cost to address unforeseen and latent conditions during the construction phase. Consistent with the conditions of contract, all variations will be approved through applicable Council procedures and delegations prior to proceeding.

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

Social / Cultural

The delivery of this program of works is likely to bring strong benefits to the respective communities. Each community has invested time and effort in the consultation process, with positive feedback and constructive input received for both sites.

Attachments

1. 2022.11.16 CONFIDENTIAL ATTACHMENT RFT 2122-094 Bermagui Harbour & Pambula Lake Boating (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 16 November 2022

Item 9.5

9.5. Sportsground Volunteer Site Committee Nominations

This report outlines additional nominations for the Sportsground Site Committees in line with adopted Bega Valley Shire Council guidelines and seeks Council’s endorsement to appoint community members to the Sportsgrounds Site Committees

Director Assets and Operations

Officer’s Recommendation

That the nominations listed below for site committees’ membership at Dickinson Oval Bermagui, Wolumla Recreation Ground, Pambula Sporting Complex, Barclay Street Sporting Complex Eden and Lawrence Park Tathra be endorsed by Council.

Sportsground	Nominations for site committees	Representing
Dickinson Oval Bermagui	Phillip Summerfield	Australian Rules Club
Dickinson Oval Bermagui	Casey Jack	Cricket Club
Wolumla Recreation Ground	Ross Oldham	Pony Club
Wolumla Recreation Ground	Lachlan Hawkins	Cricket Club
Pambula Sporting Complex	Simon Daly	Wanderer Festival
Barclay Street Sporting Complex Eden	Genevieve McGuinness	Netball Club
Lawrence Park Tathra	Justin Roscoe	Cricket Club

Executive Summary

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

The participation of volunteers in the care and management of Council’s Sportsgrounds is an important way in which these facilities are activated, maintained and remain suitable for user needs.

Volunteer input and assistance into the operations and management of sportsgrounds across the Shire is through a two-tier Committee structure. The overarching Section 355 General Sportsground Committee provides a shire wide perspective on sports facilities management. Sportsground Site Committees are made up of user group representatives and community members interested in the operations and management at individual sites. Committee membership is based on the guidelines endorsed by Council.

Background

It was noted in the 18 May 2022 Council report (Appointment of Volunteer Representatives to Community Sportsground Committees) that:

· Further nominations to be sought and accepted (in accordance with criteria) as site committee meetings commence and induction of site committee volunteers by Council is undertaken.

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

The appointment of two additional members at Dickinson Oval Bermagui, two additional members at Wolumla Recreation Ground and one additional member of Lawrence Park Tathra committee will meet the S355 General Sportsground Committee guidelines requirement of three members on site committees.

Colombo Park have less than three site committee members however it is noted that the site has a strong user group contribution in the Bemboka Lions Club. Further volunteer site committee nominations will be sought for Bemboka Colombo Park, Merimbula Ford Park and Bermagui Indoor Sports Stadium.

Options

· Appoint the volunteers to the nominated committees as recommended in the report

· Not appoint the listed volunteers to nominated committees; and not establish additional community Sportsground Committees

Community and Stakeholder Engagement

Council advertised for nominations for Sportsgrounds Site Committees members at the beginning of the committee term, which aligned with the four-year Council term.

Mid - term nominations are not unusual. Typically, additional nominations can come about through changes in involvement in local sports clubs and / or increased interest in being involved in the site committees. Those nominations are welcome, and processing nominations once they are received is relatively straight forward. This report to Council gives the mechanism for nominees to be formally appointed to Site Committees.

Engagement undertaken

Following the initial notification period earlier in the year there were insufficient nominations to fill positions on committees at some sites. Staff extended the nomination period and sent reminders to local sports clubs and site user group contacts. Staff will continue to work with user groups to fill vacancies. Any future nominations received will be reported to Council for endorsement.

Engagement planned

Staff will continue to work with site committees during inductions and site committee meetings to increase volunteer site committee representatives where required.

Financial and Resource Considerations

The recruitment and administration of volunteer nominations is part of general business for Council. The cost associated with establishing the extra members of committees has been met within existing budgets.

Legal /Policy

Council’s framework for working with the community in the management of sportsgrounds is based on two levels of committees – the S355 General Sportsgrounds Committee and Sportsground Site Committees for individual sportsground sites.

The Local Government Act 1993 provides for the establishment of advisory committees to support Council decision-making. Section 355 (b) and Section 377(1) enable Council to exercise its functions by a Committee of Council and to do so conditionally. The delegated functions of the S355 General Sportsground Committee are set out in the S355 General Sportsground Committee Guidelines prescribe the manner the Section 355 and General Site Committees operate.

Nominations have been reviewed in accordance with the criteria outlined in the guidelines for each committee. All nominees meet the relevant criteria.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community representation sportsground site committees supports the following elements of the Bega Valley Shire Council Operational Plan 2022 – 23:

· Leisure & Recreation Core Business - identify the Coordinate with community groups, committees and volunteers to oversee the management and maintenance of community sporting and recreation facilities.

· Delivery Program: D5.3 - Operate and maintain recreation facilities, boating infrastructure, public toilets and sporting facilities and natural assets with community committees and groups.

· D5.3.1 Review and develop operational management plans, specifications and service level agreements for boating infrastructure, public toilets and sporting facilities and natural assets with community committees and groups.

Environment and Climate Change

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

Economic

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

Risk

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

Social / Cultural

Council’s sportsgrounds provide opportunities across the Shire for our community to come together, create connections between people and build stronger communities. The involvement of volunteers helps see these facilities are well utilised and better able to meet community needs. Involvement in Sportsground Committees also provides benefits to many individual volunteers by increasing their community connections through participation. Council recognises the number and quality of sportsground facilities could not be provided without the efforts of Sportsground Committees and the wide range of volunteers who assist in managing and maintaining the facilities.

Attachments

Nil

Council 16 November 2022

Item 10.1

10.1. Special Rate Variation - Notice of Intent to Apply

Council is considering a special rate variation (SRV). The SRV application process requires that council provides notification of intent to apply to the Independent Pricing and Regulatory Tribunal (IPART) by 24 November 2022.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Request the Chief Executive Officer notify the Independent Pricing and Regulatory Tribunal (IPART) of its intent to apply under the Local Government Act 1993 for a special variation to increase rates to be permanently retained within the rate base, for the purpose of enhancing financial sustainability, maintaining service levels and to fund the ongoing operation, maintenance and renewal of existing assets.

2. Confirm the quantum of the rate increase, should Council proceed with an SRV application, be determined after community engagement on the options modelled in the updated Long Term Financial Plan 2023-32 has been completed.

3. Endorse the updated Long Term Financial Plan 2023-32 provided to Councillors, noting the four options modelled, with the recommended option A of an increase in rates of 90% to maintain existing service levels.

4. Place the updated Long Term Financial Plan 2023-32 on public exhibition between 16 November and 16 January 2023.

5. Undertake further community engagement as required in the NSW Office of Local Government Guidelines for the Preparation of an Application for a Special Variation to General Income 2020 and IPART’s Information Paper- Community Engagement and Awareness.

6. Note the community engagement period will run from 16 November 2022 to 16 January 2023.

7. Receive a report at the 1 February 2023 Council meeting on the community engagement outcomes, and determine at this meeting the rate of increase, if any, that will be included in the SRV application for submission to IPART by 3 February 2023.

Executive Summary

Council is faced with the challenge of making sure we have enough money to continue to deliver the large range of services we provide and to look after the shire’s infrastructure into the future such as roads, footpaths, bridges, stormwater drains, parks, libraries, community buildings and swimming pools. We know our community values the services we provide and places high priority on the maintenance and renewal of our infrastructure when it is needed, so the current trend of our service delivery and asset costs exceeding our income needs to change.

An increase in rates through a special rate variation (SRV) is one way Council can increase its income to meet community expectations and be financially responsible.

SRV application conditions require Council to lodge a Notice of Intent to Apply for a SRV with the Independent Pricing and Regulatory Tribunal by 24 November 2022. This report recommends that Council lodge a Notice of Intent for a SRV, with the quantum of the rate increase, if any, to be determined following a period of community engagement. The updated Long-Term Financial Plan 2023-32 was provided to Councillors for consideration prior to it being placed on public exhibition should Council proceed with the Notice of Intent.

IPART have advised that a Notice of Intention is not binding on Council. This means that although we may lodge a submission of intent, it does not bind Council to apply. If we do not lodge a notice of intent, Council cannot apply for a SRV.

Background

Everyday Council’s expenses are beyond its income and we need to either increase our revenue or significantly reduce the services we provide or the assets we manage to provide services. Just like everyone’s cost of living is increasing so is our cost of delivery such as fuel used by our vehicles to repair roads, clean toilets, mow lawns and the costs involved in purchasing materials, employing staff, and paying suppliers is rapidly increasing.

As the cost to deliver services and maintain community assets increases above the income Council obtains each year, it places pressure on Council to continue to deliver the same services with less money. Increasing frequencies of natural disasters is also financially impacting Council and demands on budgets.

In addition to increases in costs for core services, there has been a gradual transfer of additional unfunded responsibilities to Council from both levels of government, commonly known as cost shifting. Similarly, over time there has been a real reduction in reliable external grant funding, the most notable being the Financial Assistance Grants. In the past, local government across the country received approximately 1% of Australian tax revenue to support provision of services to local communities. This figure is currently down to around 0.55% with no indication this declining trend will change.

In 2019 Council commenced community engagement around the need to increase rates to support the provision of the six pools across the shire which was abandoned because of the Black Summer Bushfires. Since that time the financial need has remained and continued to escalate in an increasingly volatile financial environment. At the time of considering and SRV for pools it was acknowledged that there would still be a further need to address Councils financial sustainability even if the pools SRV had occurred.

Applying for a SRV now is taking proactive steps to reduce significant issues occurring in the future and addressing issues of the past. The gap between the increasing costs and the fixed amount of income Council collects is widening and a correction now, whilst difficult, is fiscally responsible.

In recent years Council has undertaken significant work to improve its financial sustainability which included an independent financial performance review undertaken by Morrison Low in 2020 and reduction in expenditure in a number of areas to minimise any low impact operational spends. This means that any further expenditure reductions will lead to noticeable changes to services the community receives from Council.

If Council wishes to seek a SRV above the rate peg for the 2023-24 financial year, it is required to notify the Independent Pricing and Regulatory Tribunal (IPART) of this intention by 24 November 2022. Council staff have discussed the proposed submission of an application for a SRV with IPART.

The Notice of Intent provides Council staff with approval to proceed with undertaking community engagement and the development of a draft SRV application should Council resolve to submit one. The decision to submit the SRV application will be required at the 1 February 2023 Ordinary Council meeting. Council will need to decide whether to proceed with the SRV application and at what quantum the rate increase will be, or not proceed with an SRV. Should Council decide to proceed, the SRV application is due 3 February 2023 to IPART.

Long Term Financial Plan (LTFP)

The IPART application requires the Long-Term Financial Plan 2023-32 to be updated and placed on public exhibition prior to any application being made. Council’s LTFP is formulated using several estimates and assumptions to project the future revenue and expenditure required by Council to deliver the services, projects and programs expected by the community. In doing so, it considers the resources that are required to deliver services and capital works in a financially sustainable way.

Council has developed and adopted multiple LTFP’s in the last 5 years that have all indicated the need for a special rate variation to increase revenue to close the widening gap between income and expenditure.

Council adopted its last suite of Integrated Planning & Reporting (IP&R) documents, including the Long-Term Financial Plan 2023-32, on 29 June 2022 with the recommended ‘Scenario 2- Maintain’ model indicating that a 35% increase in general rates would be required to maintain current levels of service. It was noted in that resolution that an updated Long Term Financial Plan would be prepared in the new financial year and this work has been undertaken.

For the LTFP adopted in June 2022, Council commenced work on modelling assumptions and estimates as early as March 2022. Since that time, we have experienced rapidly rising inflation, ongoing cost escalations, material and contractor supply issues and undertaken further revaluation of our assets. At the time of adopting the last LTFP it was also acknowledged that cost for renewing or rebuilding of assets had been based on unit rates that were backwards looking and were expected to be underestimates based on inflationary trends at that time. In addition, further detailed work was done on understanding what our asset replacements needs are over the next 10 years. In the next 10-year period, there is a need to replace a number of large value assets that are at the end of their lives and have not yet been replaced. Many of the large value assets Council manages are long lasting assets such as pools and bridges that have 50-70 year lives. Many of our assets were built in the 1940’, 50’ 60’s and are now nearing the end of their service lives and if they are not replaced, risk failure and closure.

For Council’s sustainability over the longer term, ongoing operating deficits must be addressed. To support our current levels of service and meet our ongoing asset management needs we need to increase our general rate income by 90%.

The recommended Option A 90% SRV (including the FY24, 4.1% rate peg) will raise additional general rates income of $23.1 million in FY24.

LTFP Options

The updated LTFP 2023-32 contains 4 options. Option A is the recommended pathway so Council can continue to deliver the services we currently provide and support the current assets we have as well as meeting the NSW Governments financial sustainability ratios. Option A is a 90% permanent increase to general rates.

These scenarios all include the rate peg for 2023-24 of 4.1%. Option B includes a rate peg of 2.5% in 2024-25.

	Option A	Option B	Option C	Option D
	SRV with no service level changes- single year.	SRV with no service level changes- phased over 2 years.	SRV with service level changes- single year.	No SRV. Rate peg only with significant service level changes.
Special Rate Variation	90% increase permanently applied	45% in 2024 and 37.2% in 2025 permanently applied	43% increase permanently applied	-
Service Changes	This option will allow Council to meet current asset management and operational needs and financial sustainability ratios.	This option will allow Council to meet current asset management and operational needs, however the rate increase will be introduced over 2 years.	$13.9 million average annually. Council will need to reduce current levels of service. This option prioritises catching up on our infrastructure backlog and reducing our capital program below recommended levels.	$25.9 million average annually. Council will need to significantly reduce current levels of service. This option continues the unsustainable financial trajectory and will mean we are not able to manage core assets such as roads and bridges.

Option A- 90% SRV inclusive of 4.1% rate peg

This increase in revenue will allow for current levels of service in the updated Long Term Financial Plan 2023-32 to be maintained.

Council officers recommend introducing a SRV as per Option A to close the gap between current income and expenditure and allow for our current asset management and operational needs to be met as well as meet financial sustainability ratios. The SRV is recommended to be permanently included in Council’s revenue.

The SRV will enhance Council’s financial sustainability with the additional income used to:

· Maintain service levels as close as possible to current levels.

· Fund the ongoing operation, maintenance, and renewal of existing assets.

· Reduce the reliance on external grant funding for asset renewals.

· Manage a range of financial impacts including additional costs for maintenance and renewal of grant-funded new assets, impact of natural disasters, rising material costs and inflation.

If this rate increase is approved, it will provide future benefit and security for our community by ensuring ongoing funding needs for assets are planned. This is about intergenerational equity. This Council must make tough decisions now to ensure we don’t disadvantage future generations.

It is noted that should Council add additional assets or increase services and service levels in the future, planned service and asset investment will need to be reduced to avoid reverting to an operating deficit.

It is important to note this model includes assumptions for securing grant income. The model also assumes that future cost increases will be in line with future income increases. Based on past history, unless funding models for local government change there is still a risk that this model cannot be realised due to costs increasing more rapidly than income.

Option B- 45% SRV in 2024 and 37.2% SRV in 2025 permanently applied, inclusive of 4.1% rate peg (FY24) and 2.5% rate peg (FY25)

This increase in revenue will allow for current levels of service to be maintained, however the increase in rates will be introduced over 2 years. There is a cumulative impact that occurs when introducing the increase over the two years.

Option B models the needed increase in income across two years to allow for current asset management and operational needs to be met. The SRV is recommended to be permanently included in Council’s revenue.

The SRV will enhance Council’s financial sustainability with the additional income used to:

· Maintain service levels as close as possible to current levels.

· Fund the ongoing operation, maintenance, and renewal of existing assets.

· Reduce the reliance on external grant funding for asset renewals.

· Manage a range of financial impacts including additional costs for maintenance and renewal of grant-funded new assets, impact of natural disasters, rising material costs and inflation.

Option C- 43% SRV inclusive of 4.1% rate peg

This option will close the gap between revenue and expenditure; however, it will not be adequate to maintain current levels of service. This option prioritises catching up on our infrastructure backlog in 2023-24 and 2024-25 and then reducing our capital program below recommended levels.

· Service levels: Council will be required to reduce services by average of $13.9 million per year. This will need to come from a range of areas including employment costs, asset maintenance and renewal and facility operation.

· Asset management: this option will mean that Council will not have sufficient income for the required renewals of our assets after the first two years where we focus on catching up on our infrastructure backlog. As a result we can expect a decline in the standard of key assets such as roads and bridges.

Option D- No SRV, 4.1% rate peg only

This means Council will need to significantly reduce its level of service to remain solvent. If Council does not implement a SRV, the LTFP predicts cost reductions averaging $25.9 million annually will be required. Of immediate concern is the financial projection of implementing this option is that unrestricted cash for the General Fund will be exhausted by 2025.

This option shows our expenses continuing to exceed income and lower than required investment in maintaining and upgrading our assets to the point where we cannot fund any asset rebuilds. There will need to be a significant reduction in the levels of service and quality of assets, including extending the operating life of assets beyond their estimated useful life. This would mean that over time bridges would start to fail, roads would become unsafe, pools would close and buildings would collapse as examples of longer term consequences.

· Service level reduction: Council will be required to reduce services by $25.9 million per year. This will need to come from employment costs, asset maintenance and renewal and facility operation.

· Asset management: this option means Council will not have sufficient income to fund operating costs or required renewals of our assets. When an asset reaches the end of its useful life we won’t have the funds to replace it. This will occur more frequently as this option is based on a reduction in maintenance and assets getting to end-of-life quicker.

Fees and Charges Modelling

Council could consider increasing its fees and charges above current levels to generate additional revenue and reduce the level of the SRV required. We have modelled a range of percentage increases on fees and charges to show the additional revenue that could be obtained through these increases, noting these increases assume that usage levels would be maintained. There are a range of fees that are determined through legislation and we have excluded those from the below modelling.

FY22 Fees and Charges Income (General Fund Only)	Percentage Increase	Additional Revenue
$3,925,000	10%	$392,500
	30%	$1,177,500
	50%	$1,962,500

IPART Guidelines

The Office of Local Government releases a set of guidelines each year for the preparation of an application for a special variation to general income. A copy of the most recent 2020 guidelines is Attachment 1 to this report. IPART will assess each application against the criteria listed in the guidelines. These criteria are:

(1) The need for, and purpose of a different revenue path for Council’s General Fund to be clearly articulated and identified in Council’s IP&R documents.

Comment: Council’s updated LTFP includes the proposed SRV of 90% as the recommended option and clearly demonstrates the financial need for the SRV. The updated LTFP will be placed on public exhibition for 28 days as part of wider community engagement on the SRV application.

The following issues continue to challenge Council’s ability to remain financially sustainable:

· Receiving significant grant funding for new and upgraded assets which increases the cost per year to maintain and renew these assets over their lifetime (maintenance and depreciation costs).

· Cost shifting of NSW Government to deliver services to the community without appropriate resourcing.

· Delivering on community expectations to provide consistent assets and service levels across the towns and villages across the Bega Valley.

· Our Shire is vast in relation to our low population and as a result we have high infrastructure costs, relative to a small rate base.

· Increasing frequency and severity of weather events impacting infrastructure.

· Council’s reliance on volunteers for a range of service provision is going to change as volunteerism declines nationally.

· Limited asset and service consolidation opportunities due to the geography and size of the Bega Valley Shire.

· Breadth of services provided by Council places increased pressure on Council finances.

· Maintaining the current level of spending on asset renewal to ensure continuing good condition of Council’s asset base.

· Restricted opportunity for revenue generation.

· Gradual reduction in Federal Government funding to Local Government. In the past, local Council’s received close to 1% of federal taxation revenue through the Financial Assistance Grants and over time, this has reduced to 0.55%.

· Government spending contraction and shift of focus impacting asset renewal.

· High inflation, rising costs and material and labour shortages impacting project delivery.

(2) Evidence that the community is aware of the need for and extent of a rate rise. Council must undertake a comprehensive community engagement strategy using a variety of methods available.

Comment: There was significant media coverage in June and July 2022 on the proposed SRV of 35% as part of the adoption of the IP&R documents. Majority of the feedback received from the community was related to the proposed rates increase. The prior two iterations of Council’s LTFP have also flagged the need for a SRV and Council notified IPART of the intent to apply for an asset related SRV in 2019, however withdrew its application as a result of the Black Summer Bushfires.

The ongoing financial sustainability challenges for Council is well known to the community. The next phase of community engagement planned for November, December 2022 and January 2023 will provide the community an opportunity to obtain further detailed information about the updated options modelled in the LTFP, the rationale for a SRV and the opportunity to provide feedback.

(3) The impact on affected ratepayers must be reasonable, having regard to both the current rate levels, existing ratepayer base, and proposed purpose of the variation. The LTFP needs to clearly show the impact of the SRV on the community. Consideration of the community’s capacity and willingness to pay rates and establish that the proposed rate increases are affordable.

Comment: Decisions regarding SRV’s are complex and difficult. The decision to apply for a SRV is not taken lightly. Unless our financial position significantly improves over the longer term, the value of our cash and investments will continue to decline, services will continue to be reduced and assets will not be renewed in the timeframes the community expects. We can no longer push the issue aside. Council understands that rate rises of any kind are never welcome but believes that a SRV is a necessary course of action to maintain our current levels of service. As part of the SRV process Council will prepare a Capacity to Pay Report.

(4) The relevant IP&R documents must be exhibited, approved and adopted by Council prior to Council applying to IPART for a special rate variation.

Comment: Council adopted its latest suite of IP&R documents in June 2022 which outlined the need for a SRV. Further work has been undertaken to review and update the LTFP which has resulted in 4 revised options being modelled. These options will form the basis for further community engagement. The updated LTFP 2023-32 will be placed on public exhibition until 16 January 2023 with the intent for it to be adopted by Council prior to lodging an application to IPART, should Council resolve to do so.

(5) The IP&R documents or Council’s application must explain the productivity improvements and cost containment strategies council has realised in past years and plans to realise over the proposed special variation period.

Comment: Council has been working hard to ensure we are as efficient as possible and are continually reviewing ways to reduce expenditure including staff restructures, improvements in our asset management processes, zero-based budgeting, divestment of land and joint regionalization of services and planning.

Council has continued to deliver grant funded assets to increase liveability and amenity in our community and this, over time, combined with external influences such as rising costs, material shortages and unexpected expenditure associated with multiple disasters and the pandemic have gradually led to the problem which Council is now seeking to address.

Council has been working through a financial improvement program for many years now and while we have made significant improvements, the reality is that escalating costs – such as materials and contractors, are fast outstripping any cost reductions and efficiencies we can achieve.

Through zero-based budgeting for the last 3 years, Council has achieved cost reductions which are included in the current financial year and future budgets.

Council is preparing a Financial Sustainability Report that provides further detail on why Council is pursuing a SRV. The report complements the updated LTFP and will support the community engagement process.

Following the submission of an application to IPART, IPART will also assess other relevant information, including communication directly from ratepayers received during a public exhibition process that IPART facilitate. IPART can wholly or partially approve or reject a council’s application. If an SRV is approved it would come into effect from 1 July 2023.

Options

No decision has been made to increase rates, however as a business required to remain financially viable, Council has modelled a range of options to have a conversation with the community about balancing an increase in rates with reducing our levels of service. Council has a range of range of options to consider with this report:

1. Council endorse the report and recommendations or,

2. amend the recommendations or,

3. reject the recommendations.

Community and Stakeholder Engagement

Significant internal consultation has been undertaken to develop the updated Long-Term Financial Plan 2023-32 and the options modelled. Essential in revising the LTFP has been getting the first financial year of the plan finalised. Budget managers across the business have developed and refined their 2023-24 budgets, some 8 months prior to the FY commencing to provide the best known data for the plan.

Extensive external engagement is planned for November and December 2022 and January 2023 on the options modelled in the updated LTFP. Community feedback will be considered by Council before an application to IPART is submitted.

Engagement undertaken

From May to June 2022 as part of the community engagement process for the latest suite of IP&R documents, Council undertook extensive community engagement and received feedback from the community regarding the potential introduction of a SRV. A detailed report outlining the community engagement and feedback received was included in the 29 June 2022 report to Council for adoption of the IP&R documents. At that time, Council committed to further investigation and community engagement to be undertaken later in 2022 about the requirement for an SRV.

Engagement planned

When preparing an application for a SRV, IPART requires councils to actively engage residents in discussions about any proposed increase above the rate peg and will consider how effective each council’s community engagement has been before determining an application to increase rates above the set peg.

Council has developed a detailed community engagement plan with key events listed in the table below.

Council will use a range of methods including media releases, fact sheets, flyers- direct mail and online, a dedicated SRV webpage, a Have Your Say webpage, online survey, CEO correspondence, newsletters, information sessions- online and in-person, social media, advertising, media briefings and information videos.

DATE	ACTIVITY
Friday 11 November	Project page and Have Your Say Page is live and survey is open and promoted
Friday 11 November	Media briefing
16 November 2022- 16 January 2023 Community Engagement
Saturday 19 November	Eden Community Market – 20 Chandos Street, Eden. 9am-1pm
Sunday 20 November	Merimbula seaside market – Ford Park, Ocean Drive. 8am-12pm
Saturday 26 November	Cobargo Markets – Main Street Cobargo. 8am-1pm
Monday 28 November	SRV Presentation- Bega Valley Commemorative Civic Centre 3pm-7pm. Hourly sessions- 30 min presentation, 30 min Q+A with panel. 3pm-4pm, 4pm-5pm, 5pm-6pm, 6pm-7pm (Registration required)
Wednesday 30 November	SRV Presentation- Pambula Hall 3pm-7pm. Hourly sessions- 30 min presentation, 30 min Q+A with panel. 3pm-4pm, 4pm-5pm, 5pm-6pm, 6pm-7pm (Registration required)
Thursday 1 December	Bermagui Growers and Makers Market – Bermagui Country Club – Corner Lamont and Tuross Streets. 3:30pm – 5:30pm
Sunday 4 December	Candelo markets – Candelo Oval and Town Hall, William Street, Candelo. 830am-1230pm
Monday 5 December	Online meeting via Zoom 6pm-8pm (No registration required)
16 January 2023	Exhibition and consultation period closes
25 January 2023	Councillor Workshop on SRV engagement feedback
1 February 2023	Council meeting- Council resolution to determine if SRV application is being submitted to IPART

Financial and Resource Considerations

The Local Government Act requires Council to sustainably manage its assets, resources, and finances. As such, Council has little option but to increase its revenue or significantly reduce costs through service reductions to close the financial gap of continuing operational deficits and under-investment in assets. However, community engagement through the June and July IP&R process has shown strong opposition to both service reductions and an SRV. In combination, these diametrically opposing opinions result in a financially unsustainable Council.

Council has continued to make significant reductions in annual budgets across recent years despite increasing community expectations in delivery of services. There are no further reductions that can be made without impacting service levels. Council needs to secure additional income or implement significant service reductions to bring Council’s operating position to a surplus level. With Council’s current income, Council is unable to self-fund the same level of capital renewal and maintenance projects.

The exhibition and subsequent adoption of the Long-Term Financial Plan will commit Council to its implementation noting that the LTFP is reviewed and updated each year when developing the annual budget.

Project Budget

Council has allocated a project budget for the delivery of the community engagement related to the proposed SRV. This project will be managed internally with existing resources, with some external consultants support likely to be sought throughout the project.

Item	$ Excl GST
Expenditure Detail
SRV Project Delivery	50,000
Total Expenditure	$50,000
Source of Funds
General Fund- FY23 Adopted Budget
Total income available	$50,000

Legal /Policy

Council is bound by the principles of sound financial management in the NSW Local Government Act 1993, namely responsible and sustainable spending and responsible and sustainable infrastructure investment.

If Council resolves to proceed with a SRV application it will need to remain compliant with S508(2) or S508A of the Local Government Act 1993 and associated guidelines and regulations.

Formal public exhibition of the Long-Term Financial Plan will be conducted in accordance with the requirements of the Local Government Act 1993.

Section 403 of the Local Government Act 1993 (the Act) requires Council to have a long-term strategy (called its Resourcing Strategy which includes its Long Term Financial Plan) for the provision of the resources required to perform its functions (including implementing the strategies set out in the Community Strategic Plan).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council has a responsibility to ensure that adequate services are provided to the community, and that financial planning is transparent to provide confidence in Council’s ability to deliver on the community’s priorities.

CSP 2042 Theme: Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs

CSP 2042 Strategy: E.1 Lead, govern and regulate in an ethical, equitable, transparent and accountable way

Delivery Program 2022-25 Action: E3.1 - Support implementation of Council’s strategies and plans and report on progress

Operational Plan 2022-23 Activity: E3.1.2- Support the development of a rate variation application and community engagement.

Environment and Climate Change

The updated LTFP 2023-32 models our ongoing financial need to maintain our current levels of service. Council’s ongoing financial sustainability is impacted by numerous factors including the increasing frequency and severity of weather events on Council’s infrastructure. Our assets team continue to consider the implications of maintaining and renewing our existing assets within a changing climate.

The LTFP continues to support the provision of Council’s environmental services team that lead our initiatives to improve environmental outcomes within Council’s area of influence as outlined in Council’s adopted Climate Resilience Strategy and Clean Energy Plan.

Economic

Every Council is required to develop a LTFP that looks that looks at the financial sustainability of Council over the next 10 years and forms part of Council’s Resourcing Strategy. The LTFP assists in improving community and investor confidence in the region through demonstration of gradual improvements and sound financial management.

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

Risk

There is a risk that the updated Long-Term Financial Plan 2023-32 and other information provided to the community is not well understood by the community. There is also a risk that the LTFP and engagement doesn’t meet IPART assessment criteria and that the potential rate increase is at a time when rate payers are also faced with inflationary cost of living pressures.

“Doing nothing” is an unacceptable risk to Council and a failure by Council to deliver on its financial governance. Council will eventually run out of cash reserves and will have failed to keep its assets in acceptable condition.

A detailed communications and engagement approach has been developed that includes the below risk considerations.

Risk	Mitigation Strategies
Failure to meet requirements of OLG / IPART within SRV application	Utilise resources provided by OLG and IPART to ensure all requirements are met. Ensure clear communication across Council project team to ensure the development of the SRV application is in alignment of assessment criteria
Failure to deliver SRV Project (in its entirety) within timeframes.	Ensure staff resourcing and correct skills sourcing for the delivery of the project is maintained. Finance team to notify project team of any delays / problem areas in delivering the updated LTFP and draft FY24 budget. Develop review / communication milestone points between Corporate Planning team and LEG to identify any potential delays early within project
Lack of clear communication internally on the project leading to an internal lack of certainty	Project team to identify milestone points for review of materials. Timeframes clearly articulated and accessible to staff.
Lack of clear communication externally on the project leading to a reputational and lack of trust	External communications and engagement plan developed and clearly articulated and accessible for staff and Councillors Elected members briefed and engaged during development of key messaging. Consultation material to be developed and clearly understood by Council, Corporate Planning team and community Early engagement with media Project timeline including all engagement stages clearly articulated
Elected members	Ensure Council is aware of process and requirements Ensure Council is aware of impact to Ratepayers Ensure Council is aware of community engagement materials and process Ensure Council is aware of timeframes Ensure Council resolutions are made within timeframes

Social / Cultural

Council has insight into what the community wants through our corporate planning and community engagement initiatives; and knows that our community places a high priority on maintaining our current levels of service. Council is also aware that a SRV may cause undue hardship for ratepayers who have been financially impacted by the bushfires and pandemic.

Council manages approximately $1.7b worth of assets for the community including things like buildings, swimming pools, playgrounds, libraries, bridges, roads, waste facilities and a vast water and sewer network. We are a large shire (by area) and maintaining and renewing these assets is expensive. We also have a relatively small number of ratepayers compared to the size of our shire and vast areas of state and national parks and forests from which we are unable to generate income.

The funding of local government is complex and doesn’t always adapt quickly to changing needs and conditions including the increasing cost of goods and services. Despite the recent inclusion of the population growth factor for many years the ‘rate peg’ has not kept pace with the financial needs of Councils in NSW and residents needs for appropriate services. This has been acknowledged by the Minister for Local Government who has requested that the existing rate peg methodology be reviewed.

Bega Valley Shire Council is one of many Councils across NSW facing financial sustainability challenges. For 2020-21, 74 NSW Councils (of 128) reported operating deficits in the General Fund. The average operating performance ratio of NSW Councils (measures a council’s achievement in containing operating expenditure within operating income) has steadily declined from 9.8% in 2016-17 to -1.5% in 2020-21. Of the 128 Councils in NSW, 82 have applied for an increase to rates since 2011-12.

Attachments

1 ⇩. Attachment 1 olg-guidelines-special-variation-2021-22_0

Council 16 November 2022

Item 10.2

10.2. Annual Report 2021-22

Council’s 2021-22 Annual Report is presented for the information of Councillors. The report is required to be lodged with the Office of Local Government by 30 November 2021.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Receive and note the 2021-22 Annual Report, including Council’s Operational Plan Progress Report.

2. Provide a copy of the 2021-22 Annual Report to the NSW Office of Local Government by 30 November 2022.

3. Publish the 2021-22 Annual Report on Council’s website by 30 November 2022.

4. Note that the 2021-22 audited financial statements will be attached to the annual report and resubmitted to Office of Local Government when the audit has been finalised by the NSW Audit Office.

Executive Summary

The 2021-22 Annual Report has been prepared to comply with legislative requirements and guidelines and to celebrate achievements against the 2021-22 Operational Plan. This is the last Annual Report under the 2017-22 Delivery Program.

The 2021-22 Annual Report will be published on Council’s website and hard copies will be made available in Council’s libraries. The Annual Report is required to be provided to the Office of Local Government by 30 November each year.

Background

In accordance with Section 428 of the Local Government Act 1993, each year Council is required to produce an Annual Report that provides details of the organisation’s activities and finances over the period of the previous financial year. The NSW Office of Local Government also provides guidelines for the development of the annual report and requires a copy of the report for its records.

The Annual Report is one of the key points of accountability between Council and our community. Under the Integrated Planning and Reporting framework, the Annual Report focuses on Council’s achievements. This Annual Report is the final report against the previous 2017-22 Delivery Program and includes information prescribed by Clause 217 of the Local Government (General) Regulation 2021 and other statutory information.

Attachment 1 to the Annual Report provides an update against all actions contained in the adopted 2021-22 Operational Plan by Community Strategic Plan theme area from 1 July 2021 through to 30 December 2021 adopted at the February 2022 Council meeting and 1 January 2022 to 30 June 2022 adopted at the August 2022 Council meeting.

Council’s Audited Annual Financial Statements will be added as Attachment 2 to the report when the audit has been completed by NSW Audit Office.

Options

There are no options for this report. The Annual Report is prepared to meet legislative requirements and presented for noting by Councillors.

Community and Stakeholder Engagement

Engagement undertaken

The provision of the Annual Report is aligned with the “inform” level of engagement under the IAP2 Framework. The community can access the Annual Report as a record of the progress made in 2021-22 towards achieving the Community Strategic Plan 2040. Significant internal staff engagement is sought throughout the process of compiling the Annual Report.

Engagement planned

The Annual Report is one of the key points of accountability between Council and our community. Through the promotion of this report, Council demonstrates achievements and financial transparency.

The 2021-22 Annual Report will be published on Council’s website and hard copies will be available in Council’s libraries following adoption.

Financial and Resource Considerations

There are no financial impacts to the adopted budget through provision of the Annual Report. The Corporate Planning service and associated staff resource includes completion of this project as a core requirement of meeting our legislative responsibilities.

Legal /Policy

Under the Local Government Act 1993 within five months after the end of the financial year, Council must prepare a report as to Council’s achievements in implementing its Delivery Program and Operational Plan for that year.

The Annual Report must contain information required under the Local Government Act 1993 the Local Government (General) Regulation 2021 and other relevant legislation and guidelines including:

· Disability Inclusion Act 2014

· Environmental Planning and Assessment Act 1979

· Government Information (Public Access) Act 2009

· Government Information (Public Access) Regulation 2018

· Public Interest Disclosures Act 1994

· Public Interest Disclosures Regulation 2011

· Carers Recognition Act 2014

· Fisheries Management Act 1994

· Swimming Pools Act 1992

· Swimming Pools Regulation 2018

· Special Rate Variation Guidelines

· Companion Animals Guidelines

· OLG Expenditure Guidelines

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The delivery of the 2021-22 Annual Report supports the Community Strategic Plan (CSP) 2040 outcomes of strong, consultative leadership by seeking to meet the CSP goal of “ensuring we are an informed and engaged community with a transparent, consultative and responsive Council through the development and implementation of good governance systems”.

The Annual Report outlines Council’s achievements in implementing its Delivery Program 2017-22 and the 2021-22 Operational Plan.

Environment and Climate Change

There are no direct environment and climate change impacts with the provision of the Annual Report. Council may wish to consider not providing printed copies at the Zingel Place Administration Office and Libraries, rather, encouraging members of the community to access the document online saving on printing resources.

Many of the activities and projects delivered within the 2021-22 financial year have contributed towards achieving the actions outlined in the Climate Resilience Strategy that was adopted in 2020.

Economic

There are no direct economic impacts with the provision of the Annual Report as it provides a summary of the progress made over the last financial year. Council is however a significant contributor to the local economy, employing many residents and utilising the services of a range of local providers.

Council’s audited financials outline the financial position of Council and highlight both the income received from the community and the expenditure across the services Council provides. Financial performance of Council can be related to economic impacts on residents in our community. The draft financial statements were attached to the business paper for the council meeting held 19 October 2022 and referred to audit. The NSW Audit Office are yet to complete their audit. Once finalised, the 2021-22 audited financial statements will be attached to the 2021-22 annual report.

Risk

Council has a legislative obligation to ensure it is financially and operationally transparent and the provision of the Annual Report to the Councillors and community helps to demonstrate Council is delivering upon the commitments it has made to deliver to community within the available funding sources.

Social / Cultural

There are no direct social or cultural impacts with the provision of the Annual Report.

The Annual Report highlights the achievements of Council during the 2021-22 financial year, the majority have an impact on the social and cultural fabric of the Bega Valley community.

Council is consistently working towards achieving the community vision outlined in the Community Strategic Plan.

Attachments

1 ⇩. DRAFT Annual Report 2021-2022

2 ⇩. Attachment 1 Operational Plan 2021-22 Progress Reports Compiled

Council 16 November 2022

Item 10.3

10.3. Quarterly Budget Review Statement (QBRS) September 2022 - Q1

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

Director Business & Governance

Officer’s Recommendation

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

2. That the budget recommendations detailed in the attachment to this report be adopted.

3. That Council endorse an additional budget variation not included in the presented statements of an $800,000 allocation towards road and drainage renewal and improvement in Storey Avenue, Eden with funds to be sourced from the Asset Renewal Reserve

Executive Summary

As part of the Integrated Planning and Reporting (IPR) framework, a Quarterly Budget Review Statement (QBRS) must be presented to Council for each financial quarter. This report provides the FY2023 September (Q1) Quarterly Budget Review Statement.

In summary, the QBRS report for the quarter ending 30 September 2022 provides the following projected results noting these results do not include the impact of recommendation 3 in this report that will be included in the Q2 QBRS figures:

· Total Income increase by $11.6 million dollars

- Operational grants increased by $9.8 million

- Capital grants increased by $1 million.

· Expenses increase by $9.4 million.

· Consolidated net operating result before grants and contributions provided for capital purposes has a projected deficit of $6.8 million.

· Capital expenditure estimated to increase by $0.2 million

· The revised projected cash figure at 30 June 2023 is expected to be $67.5 million with external restrictions of $56 million.

The Responsible Accounting Officer reports that the September quarterly review presented indicates Council's projected financial position at 30 June 2023 will be satisfactory.

Background

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

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

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

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

The adjustment recommended as part 3 in this report was requested following preparation of the qbrs statements and will be adjusted in Q2 reporting figures if supported.

Options

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

Council has the option to consider other budget adjustments.

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

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

Financial and Resource Considerations

Note the below figures do not include the impact of recommendation 3 in this report that will be included in the Q2 QBRS.

Operating ResultCouncil’s consolidated budget, net operating result, has improved by $2.2 million since the adoption of the carryover and revotes. The revised September budget is projecting a surplus of $45.3 million. The consolidated net operating result before grants and contributions provided for capital purposes has improved by $0.8 million, resulting in a projected deficit of $6.8 million.Income streams has seen an increase in fees and charges of $85,987, an increase in investment income of $453,000 and other revenue increased by $129,450.

Operational Grants have increased by $9,841,8741. Included in the total are new grants, previously received grants and new grants transferred to contract liability. The major change relates to disaster recovery restorations and associated increases in materials and services.

Capital Grants increased by $1 million. Included in the total are new grants, previously received grants and new grants transferred to contract liability.

Expenses increased by $355,112. Employee costs decreased by of $263,024 and this has an associated change in materials and services. Materials and services increased by $9,654,871 and largely reflects the disaster recovery restorations works funded by operating grants. A small decrease of $19,920 in other expenses reflect the effort of staff to reduce costs.

The recommended changes have the following impact on the net operating result by fund:

	Revised Budget (incorporating revotes/carry overs)	Requested Changes	Projected Year End Result
General Fund	22,714,844	574,894	23,289,738
Water Fund	10,882,481	2,513,00	13,395,481
Sewer Fund	6,499,040	(1,020,539)	5,478,501
Waste Fund	3,097,058	102,521	3,199,579

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

	Revised Budget (incorporating revotes/carry overs)	Requested Changes	Projected Year End Result
General Fund	(10,756,348)	1,002,979	(9,753,369)
Water Fund	54,949	13,000	67,949
Sewer Fund	2,788,501	(20,000)	2,768,501
Waste Fund	(1,726)	102,521	100,795

Capital

Capital expenditure is estimated to increase by $179,309 in the September QBRS to $99.6 million. Increases have been funded by either grant or reserve funds.

Cash and Investments

Council had cash and investments of $108.4 million at 30 September 2022. The revised projected cash figure at 30 June 2022 is expected to be $67.5 million of which $56.2 million is expected to be externally restricted.

Other cash impacts include:

· Council has not yet drawn down the approved loan for waste services of $7.8 million. A projection of the loan funds has been included in this QBRS.

Legal /Policy

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

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

Budget Review Statements and revision of estimates

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

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s 2022–2025 Delivery Program and 2022-2023 Operational Plan provides the Financial Estimates 2022–2025 which includes the Budget for 2022-2023 (FY2023).

Review and adoption of Quarterly Budget Review Statemen aligns with the following FY2023 integrated planning and reporting:

· CSP Strategy E.4 - Council has robust financial management processes to ensure ongoing viability and value for money.

· Delivery Program E.4.1 – Improve the provision of corporate financial services

· Operational Plan Finance | core business - Preparation of compliant financial reports

Environment and Climate Change

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

Economic

Council and its expenditure have a significant economic impact on the Bega Valley. The recommended adjustments to the adopted budget ensure as an organisation we can continue to deliver the services and projects committed to in the FY2023 Operational Plan.

Risk

Financial stability is defined in terms of Council's ability to facilitate and enhance economic processes, manage risks, and absorb shocks. Moreover, financial stability is considered a continuum: changeable over time and consistent with multiple combinations of the constituent elements of finance.

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

Social / Cultural

The attachments to this report detail the recommended adjustments to our budget, which may have some impacts on social and cultural services.

The officer’s recommendation is to support the continued service provisions and associated budgets as detailed in the organisation’s plans as contained in the attached.

Attachments

1 ⇩. Quarterly Budget Review September (Q1) FY2023

Council 16 November 2022

Item 10.4

10.4. Certificate of Investment October 2022

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

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 October 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 October 2022 the total capital value of cash and investments was $106,433,457.58 with 88.32% 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 $499,869 which is 167% of the projected budget amount.

The value of outstanding government grant debtors at 31 October 2022 is $4,632,066.60

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 October 2022 is detailed below.

Issuer	Rating	Type	Purchase Date	Maturity Date	Rate (%)	Capital Value ($)
Commonwealth Bank At Call Account	A-1+	CASH	-	-	-	10,000,000.00
Commonwealth Bank Operating Account	A-1+	CASH	-	-	-	2,306,565.51
NSW T-Corp Strategic Cash Fund	A-1+	CASH	-	-	-	126,892.07
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	31/08/2022	28/02/2023	3.59	3,000,000.00
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	A-2	TD	03/02/2022	02/08/2023	1.35	5,000,000.00
Commonwealth Bank	A-1+	TD	11/08/2022	11/09/2023	4.01	2,000,000.00
Commonwealth Bank	A-1+	TD	19/09/2022	19/09/2023	4.32	2,000,000.00
Commonwealth Bank	A-1+	TD	26/08/2022	26/10/2023	4.17	2,000,000.00
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	30/09/2022	03/10/2024	4.78	2,000,000.00
Westpac	AA-	TD	08/02/2022	10/02/2025	2.00	5,000,000.00
Total cash and investments						$106,433,457.58

Interest earned for October 2022	$143,241
Financial year to date interest earned	$499,869
Budgeted interest for 2022/2023 financial year	$300,000
Percentage of the 2022/2023 budget earned by council	167%

The COVID-19 pandemic adversely impacted financial markets, which in turn, 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 recovery phase resulting in us seeing an increase in interest rates.

Council’s investment portfolio is largely directed towards term deposits (88.32%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (11.68%).

The investments held by Council remain sufficiently liquid with 68% of investments maturing within the next 12 months.

As at 31 October 2022, Council’s portfolio was yielding 1.89% with a weighted average duration of 267 days. As council’s existing term deposits mature and new funds become available, we can expect yield on investments to increase.

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	August-2022	September-2022	October-2022
General Fund	42,940	44,036	40,312
Water Fund	22,469	20,750	22,478
Sewer Fund	43,605	43,677	43,643
TOTAL	109,014	108,463	106,433

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	106,433,458
External Restrictions **	$63,952,000
Internal Restrictions **	$22,515,000
Unrestricted funds ***	$19,966,458

** The table above reflects the Draft Financial Statements at 30 June 2022, this is included in the council business paper for 19 October 2022. Refer financial statements for audit report.

The value of outstanding Government Grant Debtors on 31 October 2022 is $4.632,066.60 with $960,448.19 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).

CSP Theme Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs

CSP Strategy E.4 Council has robust financial management processes to ensure ongoing viability and value for money

Delivery Program E4.2 - Ensure Council’s revenue streams are maximised

Operational Plan: Finance - core business: Manage Council’s borrowings and investments in accordance with Council’s Financial Strategy

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 16 November 2022

Item 10.6

10.6. Review of Council Policies - adoption of exhibited documents Batch 5 no submissions received

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. These draft policies were presented to Council 17 August 2022, exhibited for comment until 2 October 2022, and where council has received no submissions from the community about the proposed policies.

Director Business & Governance

Officer’s Recommendation

1. That Council note there were no submissions received during the public exhibition period regarding the policies listed in recommendation 2 of this report.

2. That Council adopts the following policies:

· Policy 1.09 Community Grants Program

· Policy 4.16 Child safe organisation

· 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

· Policy 6.18 Fraud and Corruption Prevention

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

4. Note that a separate report is being presented to council regarding policy 6.01 Governance.

Executive Summary

Council placed 13 policies on public exhibition after its meeting on 17 August 2022. The exhibition period was for a total of 42 days.

The report and minutes can be found on our website: 10.5 Review of Council Policies - Batch 5 - Minute

This report recommends adoption of 12 of the policies for which no submissions were received. A submission was received on Policy 6.01 Governance and that policy is presented to Council in a separate report.

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.

A review schedule was proposed and endorsed by Council at its meeting on 20 April 2022. This report recommended to review the policies in 5 batches.

The fifth batch of policies were presented to Council at its meeting on 17 August 2022. A copy of that report can be viewed here: 10.5 Review of Council Policies - Batch 5 Minute.

The documents were endorsed by Council in draft form and exhibited for 42 days. Submissions closed on 2 October 2022. There were no submissions made during the 42-day public exhibition period for the documents listed below:

· Policy 1.09 Community Grants Program

· Policy 4.16 Child safe organisation (new)

· 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)

One submission was received regarding Policy 6.01 Governance and a separate report is presented to this meeting on that policy.

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

The review of policies is a core function of Council’s Governance function 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 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 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

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.

This report includes a copy of all policies that were placed on exhibition and are being recommended for adoption.

The policy register on Council’s website has all Council’s policies available for viewing and download.

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

1 ⇩. DRAFT for Exhibition Policy 1.09 Community Grants Program v 2

2 ⇩. DRAFT for Exhibition New Policy 4.16 Child safe organisation v 1

3 ⇩. DRAFT for Exhibition Policy 6.02 Behaviour of Councillors and Staff v 3

4 ⇩. DRAFT for Exhibition Policy 6.03 Risk Management v 6

5 ⇩. DRAFT for Exhibition Policy 6.04 Conditions of Employment v 7

6 ⇩. DRAFT for Exhibition Policy 6.05 Work Health and Safety v 5

7 ⇩. DRAFT for Exhibition Policy 6.06 Financial Management v 5

8 ⇩. DRAFT for Exhibition Policy 6.07 Investment Policy v 4

9 ⇩. DRAFT for Exhibition Policy 6.11 Information ( Records ) Management v 4

10 ⇩. DRAFT for Exhibition Policy 6.13 Organisational Service Standards v 5

11 ⇩. DRAFT for Exhibition Policy 6.14 Policy Use of Council Seal - Common Seal v 3

12 ⇩. DRAFT for Exhibition new Policy 6.18 Fraud and Corruptions Prevention v 1

Council 16 November 2022

Item 10.7

10.7. Road alignment rectification - Mount Darragh Road

Council approval is being sought to formalise an acquisition of private land for road purposes on Mount Darragh Road to rectify encroachments that have been identified by a private landowner.

Director Business & Governance

Officer’s Recommendation

1. That Council note Crown Lands do not support the acquisition of the following land parcels for nil compensation and no further action be taken regarding the acquisition of these land parcels:

· Lots 47, 48, 49, 51, 53, 54, 55, 56 and 57 DP 1114462 held by the State of NSW and dedicated as State Forest

· Lots 1, 10, 11, 12, 13, 14, 15, 16 and 17 DP 1109104 held by the State of NSW

· Lots 8, 18, 19, 20, 21, 22, 23, 25, 26 and 46 DP 1109104 held by the State of NSW and dedicated as State Forest.

2. That Council enter into a formal Deed of Agreement with the proprietor of Cobandrah Pty Ltd for the acquisition of part Lots 14, 15 and 16 DP 32269 and Lot 14 DP 750242 on Mount Darragh Road, for the purpose of a public road pursuant to section 177 of the Roads Act 1993 (NSW) for a compensation amount to be determined by a registered Valuer.

3. That it be noted Council intends to dedicate the land, as referred to in recommendation 2 above, in the NSW Government Gazette as a public road under Section 10 of the Roads Act 1993 (NSW) upon acquisition.

4. That the Chief Executive Officer and Mayor be delegated authority to execute the necessary documents as required.

Executive Summary

As Crown Lands has not provided support for the waiver of compensation for the acquisition of land on Mount Darragh Road for road widening Council approval is being sought to maintain the status quo and for no further action to be taken regarding the acquisition of the Crown and Forestry land for road purposes identified in this report.

This report also seeks Council approval to rectify encroachments on Mount Darragh Road that affect private land parcels and undertake an acquisition process to ensure public access is maintained.

Background

Council resolved, at its Ordinary Meeting of 4 November 2015, when considering the acquisitions in relation to the road widening of Main Road 91 carried out by the former Imlay Shire Council in the 1980s as follows:

1. That Council approve the acquisition of the following parcels of land for public road under the provision of Section 30 of the Land Acquisition (Just Terms Compensation) Act 1991 for the purpose of the Roads Act 1993:

Acquisition under DP 1114462:

· Lots 50 and 52 held by J. and S. Clyne;

· Lots 47, 48, 49, 51, 53, 54, 55, 56 and 57 held by the State of NSW and dedicated as State Forest.

Acquisition under DP 1109104:

· Lots 1, 10, 11, 12, 13, 14, 15, 16 and 17 held by The State of NSW;

· Lots 2 & 3 held by N. Umback;

· Lot 4 held by G. and J. Halloran;

· Lots 5 & 6 held by J. Pocock;

· Lot 7 held by G. Dein and R. Bennett;

· Lot 9 held by P. and R. Macfarlane;

· Lots 8, 18, 19, 20, 21, 22, 23, 25, 26 and 46 held by The State of NSW and dedicated as State Forest.

2. That Council seek the Minister's and Governor’s approval to publish the compulsory acquisition notice in the Government Gazette.

3. That Council enter into a formal Deed of Agreement with N. Umback for the acquisition of Lot 2 DP 1109104 at Wyndham for the purpose of road widening, in accordance with the Roads Act 1993 for a compensation amount of $181.23.

4. That Council formally write to the NSW Treasurer and The Hon. Andrew Constance, MP in his capacity as Member for Bega and Minister for Transport and Infrastructure seeking a waiver of compensation for the acquisition of land held by The State of NSW.

5. That the Mayor and/or General Manager be delegated authority to execute the necessary documents as required.

Following the resolution of Council, officers progressed the acquisitions of private land referred to above for the required road widening and a formal letter was sent to the NSW Treasurer and Hon Andrew Constance, MP on 17 November 2015 seeking a waiver of compensation for the portions of Crown and Forestry land.

On 22 February 2017 Council received a letter from Crown Lands advising the Minister for Lands, Hon Niall Blair MLC agreed to waive the compensation payable being $28,620 (50% of land value for the State Forest land) and $10,350 (Crown land component). The letter requested Council pay the departments application fee and complete the acquisition process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. Following receipt of the letter Council’s legal representatives wrote to Crown Lands confirming Council would be submitting a proposed acquisition notice to the department to progress this matter. The matter was continuously followed up by Council officers and legal representatives but did not progress due to the lodgement of the Native Title and Aboriginal Land Claims over all Crown and Forestry land.

After continuously following the matter up Council’s legal representatives received a further letter from Crown Lands on 25 July 2019 advising Crown Land no longer supported the acquisition of Crown land for nil compensation, and a determination of the value of the acquired land would be required as part of the new acquisition process. The letter advised the agreement of the former Minister Blair to a 100% waiver of compensation was authorised under legislation that had been superseded. The Crown Land Management Act 2016 came into force on 1 July 2018 and requires Crown land to be sold or otherwise dealt with in the best interests of the State in a fair and transparent manner, and the waiving of compensation was not viewed as consistent with these objectives by the Crown. The letter noted that Council may pursue a new waiver with the current minister, however both current policy and existing precedents suggest this was unlikely to gain support.

Given this response, Council officers suggest that no further action be taken regarding the acquisitions of Crown and Forestry land for road purposes. There is a significant portion of the road network outside dedicated road reserve across the shire so having a physical road formation on government land instead of within the dedicated road reserve is considered a low risk to Council and the community. If the State government is not prepared to work with Council to rectify these road encroachments, Council officers consider payment of compensation for these acquisitions is not a good use of public funds.

Council has however recently been approached by the proprietors of Cobandrah Pty Ltd regarding road encroachments onto their land parcels on Mount Darragh Road. One of their parcels has been included in Council’s Rural Residential Strategy as land suitable for consideration for rural residential use. Cobandrah Pty Ltd has commenced preparation work to obtain development approval to rezone and subdivide their land which, as a result, it has been identified that there is an encroachment of the road onto their land. Cobandrah Pty Ltd requires the road encroachments to be rectified to progress their application.

Cobandrah Pty Ltd engaged Caddey Searl and Jarman to prepare the attached survey showing the road encroachment onto Lot 16 DP 32269, however further survey work will need to be obtained to identify the extent of road encroachments onto their other land holdings in this area which are shown on the cadastral mapping.

Options

The options available to Council are:

1. Proceed with the acquisition of land for road widening purposes as recommended in this report to ensure the encroachments on Mount Darragh Road onto private land are rectified.

2. Not proceed with the acquisition of private land to rectify the road encroachments. Council officers note this option may result in the landowner fencing their land along the surveyed boundary which would impact use of Mount Darragh Road by the public.

3. There is an option to Council to continue to pursue the acquisition of Crown and Forestry land on Mount Darragh Road to rectify the alignment issues, however this option is not recommended by Council officers due to the financial implications of doing so.

Community and Stakeholder Engagement

Engagement undertaken

As outlined above there has been significant engagement regarding the road alignment issues on Mount Darragh Road for many years. This engagement has involved Minsters, Crown Lands, Forestry, landowners, legal representatives, and surveyors.

Council officers have recently met with the landowner regarding the newly identified encroachment onto private land on Mount Darragh Road. The landowner engaged Caddey Searl and Jarman to prepare the attached survey to identify the encroachment and has requested Council rectify the encroachments onto their land.

Engagement planned

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

Financial and Resource Considerations

Council officers are proposing to use funds collected from permanent road closures for this matter. Under section 43 of the Roads Act 1993 money received by Council from the proceeds of a sale of land is not to be used by Council except for acquiring land for public roads or for carrying out road work on public roads.

Further survey work will be required to formalise the sections of land required for road widening prior to Council seeking a market valuation to determine compensation payable to the landowner for the portions of land required for road widening purposes.

Legal /Policy

Council has several options available for acquisition of property. In this instance it is suggested that Council progress the acquisition via agreement with the landowner rather than compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). The owner has written to Council requesting Council rectify the road encroachments so Council’s solicitor will be engaged to facilitate consideration of any purchase.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

· Community Strategic Plan (CSP) 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.

· The private land parcel is included in Council’s Rural Residential Strategy.

· As outlined in Council’s Delivery Program 2022-25 and Operational Plan 2022-23 the acquisition and disposal of land and easements, road closures and road openings are core activity for the property and legal team.

Environment and Climate Change

Due to the topography of the shire and the historical nature of the road network it is not uncommon for physical road formations to sit outside dedicated road corridors. At times the cadastral layer can shift and without formal survey work, the percentage of the road network set outside dedicated road reserve cannot be quantified.

Due to the risks associated with road formation being on private property, if survey evidence is provided to Council by a landowner there is an obligation to rectify the encroachment. Council officers review these matters on a case-by-case basis taking into consideration all options to rectify. In most cases it is more financially viable and least disruptive to pursue an acquisition of land for road widening as opposed to reconstructing the physical road where it was originally intended.

In the case of the Crown and Forestry land, having physical road formation on land owned by another government entity is not considered a high risk which is why it has been recommended that Council does not pursue these acquisitions further.

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 if Council does not pursue an acquisition and public access is restricted.

· There is a financial risk in relation to the request. The recommendation will result in a financial impact on Council’s adopted budget.

· There is a risk to Council that there are other private landowners on Mount Darragh Road that have similar circumstances.

Social / Cultural

As mentioned in the background section of this report the private landowners land parcel is included in Council’s Rural Residential Strategy as land suitable for consideration for rural residential use. The Rural Residential Strategy addresses the future need for housing and provides direction on how and where residential growth will occur to support the growing population, ageing community and changes in household structures.

Attachments

1 ⇩. Council report dated 4 November 2015 - Acquisition for road widening - Main Road 91 Pambula to Wyndham

2 ⇩. Survey Plan showing encroachment of Mount Darragh Road on Lot 16 DP 32269

Council 16 November 2022

Item 10.8

10.8. Expression of Interest 2223-013 Use of reserves

Council officers have recently completed an expression of interest process via public tender for the use of Council owned and managed reserves throughout the shire by suitably qualified commercial entities or incorporated community organisations. This report details the results of the expression of interest process and seeks Council’s formal approval to grant licence agreements to the successful applicants.

Director Business & Governance

Officer’s Recommendation

1. That Council, as Crown Land Manager of the Short Point Reserve (R85134) at Merimbula, grant a 12-month licence to Fishpen Charters for mobile food vending at the annual licence fee of $3,170 plus an initial use of public land fee of $113 as detailed in Council’s fees and charges schedule.

2. That Council, as Crown Land Manager of the Bank including Ford Oval Reserve (R77269) at Merimbula, grant a 12-month licence to Fishpen Charters for mobile food vending at the annual licence fee of $3,170 plus an initial use of public land fee of $113 as detailed in Council’s fees and charges schedule.

3. That Council, as Crown Land Manager of the Ray Whyman Reserve (82753) at Mogareeka, grant a 12-month licence to Kathgret Pty Ltd trading as Wapengo Waffles for mobile food vending at the annual licence fee of $3,170 plus an initial use of public land fee of $113 as detailed in Council’s fees and charges schedule.

4. That Council, as Crown Land Manager of the Spencer Park Reserve (R63203) at Merimbula, grant a 12-month licence to Bonnie Day, for mobile food vending at the annual licence fee of $3,170 plus an initial use of public land fee of $113 as detailed in Council’s fees and charges schedule.

5. That Council, as Crown Land Manager of the Jiguma Nature Reserve (R61013) at Pambula Beach, grant a 12-month licence to Ryefield Enterprises, for mobile food vending at both Jiguma Beach and Pambula River Mouth at the annual licence fee of $3,170 plus an initial use of public land fee of $113 as detailed in Council’s fees and charges schedule.

6. That Council, as Crown Land Manager of the Tura Head Reserve (R95834) at Tura Beach, grant a 12-month licence to Ryefield Enterprises, for mobile food vending at the annual licence fee of $3,170 plus an initial use of public land fee of $113 as detailed in Council’s fees and charges schedule.

7. That Council, as Crown Land Manager of the Spencer Park Reserve (R63203) at Merimbula, grant a 12-month licence to Tarryn Lucas Fitness, for fitness training activities at both Spencer Park and Bar Beach at the annual licence fee of $865 plus an initial use of public land fee of $113 as detailed in Council’s fees and charges schedule.

8. That Council, as Crown Land Manager of the Tathra Beach Reserve (R79310) at Tathra, grant a 12-month licence to Tarryn Lucas Fitness, for fitness training activities at the annual licence fee of $865 plus an initial use of public land fee of $113 as detailed in Council’s fees and charges schedule.

9. That Council, as landowner of Evans Park at Kalaru, grant a 12-month licence to Kalaru Catering for mobile food vending at the annual licence fee of $3,170 plus an initial use of public land fee of $113 as detailed in Council’s fees and charges schedule.

10. That Council authorise the Chief Executive Officer to execute the necessary documentation to formalise the above licence agreements.

11. That Council delegate authority to the Chief Executive Officer to enter into short term licence agreements with other suitably qualified commercial entities or incorporated organisations for up to 12 months until 30 June 2025.

Executive Summary

To maintain transparency and avoid any suggestion of impropriety, Council officers completed an Expression of Interest process (EOI) 2223-013 for the use of Council owned and managed reserves throughout the shire by suitably qualified commercial entities or incorporated community organisations.

This report details the results of the EOI process conducted between 24 August 2022 and 21 September 2022 and seeks Council’s approval to enter into licence agreements with the successful applicants.

Background

Council resolved at its Ordinary Meeting of 20 April 2022, to adopt the Use of Public Land policy which outlines that an EOI will be carried out on a three-yearly basis to maintain transparency in the use of Council’s owned and managed reserves. Council officers conducted the EOI process between 24 August 2022 and 21 September 2022. A total of 7 submissions were received and each submission was evaluated against set criteria by a tender evaluation panel comprising of Council’s Property Officer, Public Land Use Officer and Recreation Assets Officer.

The EOI’s that were received were from the following:

· Bonnie Day

· Fishpen Charters

· Kalaru Catering

· Ryefield Enterprises

· Wapengo Waffles

· Tarryn Lucas Fitness

· Nasa Fresh.

There were two submissions received from mobile food vendors for the recently upgraded Short Point site which were the only competing submissions received in the EOI process. The tender evaluation panel relied on the criteria to reach a decision on the recommended applicant for this site, and the applicant who was not successful was contacted and offered the opportunity to consider an alternate site. No response has been received prior to this report being presented to councillors.

It is noted that the submission from Kalaru Catering did not provide responses to the criteria however, given there were no conflicts with the proposed use and Kalaru Catering are an existing licensee, the tender evaluation panel agreed they be included under this process.

In addition, as the Use of Public Land Policy only requires an EOI process to be completed every three (3) years, this report seeks approval for the Chief Executive Officer to provide tenure of up to 12 months to any other suitably qualified commercial entities or incorporated organisations that may request ad-hoc approval for the use of Council owned and managed reserves up until 30 June 2025.

Options

The options available to Council are:

1. Accept the recommendation provided by Council officers and resolve accordingly. This option will ensure the use of Council owned and managed reserves by third party commercial operators is appropriately managed.

2. Council does not proceed with the proposed short term licence agreements as recommended in this report. This option is not recommended as without formal tenure arrangements in place containing appropriate insurance and indemnity clauses, there is no way to appropriately manage the use of Council owned and managed reserves.

Community and Stakeholder Engagement

Engagement undertaken

Council officers completed an EOI process via public tender between 24 August 2022 and 21 September 2022. The tender was available on Council’s VendorPanel portal and publicly advertised on Council’s website and Facebook page.

Engagement planned

Council officers will continue to liaise with third party applicants who submitted EOI submissions to formalise their use and occupation of the reserve/s over the coming weeks.

Financial and Resource Considerations

It is proposed that each of the licence agreements be based on fees adopted in Council’s fees and charges schedule as follows:

· Mobile food vending prime sites – $3,170

· Recreational activities and fitness training - $865.

Additionally, each applicant will be required to pay an additional initial fee of $113 for the issue of a use of public land approval for their proposed use of the land. This approval will be valid for a period of three (3) years so if the operator wishes to extend their tenure arrangement for a further 12-months they will only be charged the annual rental fee in accordance with Council’s adopted fees and charges.

Council’s Management of Leases and Licenses Procedure provides that:

· Where a group or organisation has regular use of a facility as supported by a legal agreement, it should contribute to the management and maintenance costs of the property and

· Financial contributions from users of Council facilities should be used to assist with the costs involved in the management, maintenance and minor improvement of the facility or reserve.

Council Crown land managers are required to ensure all monies received from the use of community land is directed to maintaining and sustaining long-term use and enjoyment of the reserve/s.

The income generated from leasing and licencing is a primary form of funding for a Crown land manager. It allows Council as Crown land manager to cover long-term running costs (at a minimum) and invest over the long term for future generations to use and enjoy the Crown land in the community.

Legal /Policy

Under the Crown Land Management Act 2016 (CLM Act), Council Crown land managers (CLMs) can generally administer Crown land under the public land provisions of the Local Government Act 1993 (LG Act) and this includes leases and licences.

For all Crown land that is classified as community land, Council is required to have an adopted plan of management (PoM) in place. Under the LG Act, leases, licences and other estates can only be issued on land that is classified as community land where an expressed authorisation is provided in an adopted PoM.

Prior to the adoption of a PoM for Crown land, Council CLMs can grant leases and licences in certain circumstances, as set out in clause 70 of the Crown Land Management Regulation 2018 (CLM Regulation). Under the CLM regulation, short term licences under section 2.20 of the CLM Act can be granted for up to 12 months without minister’s consent and without the requirement to give public notice of the proposed lease or licence in accordance with section 47 of the LG Act.

For any proposed licences on land that is owned by Council and classified as Community Land, Section 47 of the LG Act will still apply.

Council’s Use of Public Land (Local Approvals Policy) authorises short term uses of Council owned and managed Crown Land for many purposes including mobile food vending, fitness training and recreational activities, however a licence to occupy the site is required. As such, each of the proposed licence agreements will be dealt with under the LG Act and CLM Act and in accordance with Council’s Management of Leases and Licenses Procedure and Use of Public Land (Local Approvals Policy).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program: 6.12.12- Develop and manage Council’s owned and managed land portfolio.

EOI’s received were evaluated based on the following criteria:

Criteria	Weighting
Economic activity, made up as follows:
Demonstrates how the activity will generate local economic activity and supply for local business.	10%
Demonstrates how the activity will attract external visitation to the area.	10%
Demonstrates how the activity will enhance the enjoyment for reserve users.	10%
Other benefits to the community, made up as follows:
Demonstrates what the level of community participation will be.	15%
Demonstrates what other benefits the community will receive from the activity.	15%
Experience and qualifications, made up as follows:
Demonstrated previous experience in the proposed activity.	10%
Evidence of appropriate accreditation and/or qualifications supplied.	10%
Sustainability, made up as follows:
Is the activity self-sustaining?	10%
If not, how likely is it that the activity will continue without ongoing external support?	10%

All fees obtained for the occupation and/or use of Council owned, and managed Crown reserves assist with on-going maintenance and improvement of those reserves.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed issue of licence agreements as outlined in this report. Economic

Each of the proposals received provide a level of economic activity or benefit to the community.

Risk

There are no adverse risks in allowing third parties to operate commercial activities from Council owned and managed reserves so long as their use is authorised by way of a formal licence agreement which contains appropriate indemnity and insurance clauses.

The issue of licence agreements may affect native title, however, complies with the applicable provisions of the Native Title Act 1993 (Cth) being valid future acts under section 24JA.

The issue of a licence is not a public work and thus there is no requirement to notify. Should native title not prove to be extinguished by a prior act, any native title holders may be entitled to compensation for the act, in the event of a determination that native title exists in the land, and Council may be liable to indemnify the State in the payment of any compensation.

Social / Cultural

It is noted that Council has received a complaint from a resident regarding generator noise from one of the current licensees. Council officers believe this issue can be appropriately addressed in the proposed short term licence agreement by including a condition that refers to relevant noise control regulations.

Attachments

Nil

Council 16 November 2022

Item 10.9

10.9. Licence agreement - Tathra Beach Bowling Club

The licence agreement for Tathra Beach Bowling Club Limited to occupy a section of the Council managed Crown Reserve (R79310) at Tathra is due for renewal. Council approval is therefore being sought to enter a new tenure arrangement.

Director Business & Governance

Officer’s Recommendation

1. That Council, as Crown Land Manager of the Tathra Beach Reserve (R79310), approve a further 5-year licence to the Tathra Beach Bowling Club Limited for their continued occupation of a 650m2 section of Lot 246 DP 40506 at the Crown Lands statutory minimum rental of $588.50 adjusted annually by CPI.

2. That authority be delegated to the Chief Executive Officer and Mayor to execute the necessary documentation to formalise the tenure arrangement.

Executive Summary

Tathra Beach Bowling Club Limited (TBBCL) currently occupies a small section of Tathra Beach Reserve (R79310) being part of Lot 246 DP 40506 formalised by a 5-year licence that expired on 31 July 2022. This report seeks Council approval to enter a further 5-year licence with TBBCL for their continued occupation of this land.

Background

The TBBCL currently occupies a 650m2 section of R79310 being part of Lot 246 DP 40506 and their occupation has been formalised via consecutive 5-year licence agreements since 2012.

Prior to their current licence being entered into TBBCL leased a large portion of R79310 for a period of 15 years which included the green shed building and surrounding reserve. Following notification that the green shed building was surplus to TBBCL needs, Council carried out a public expression of interest (EOI) process and the results were formally reported to Council on 24 July 2012. As part of this report, it was resolved to enter into a 5-year licence with TBBCL for a reduced section of the reserve to retain pedestrian access to the club from John Taylor Crescent and vehicular access to the greens and to carry out renovations and maintenance.

On 28 June 2017 Council resolved to enter a further 5-year licence with TBBCL for their continued occupation of the section of Lot 246 DP 40506 and this licence expired on 31 July 2022.

Prior to the adoption of a PoM for Crown land, Council CLMs can grant leases and licences in certain circumstances, as set out in clause 70 of the Crown Land Management Regulation 2018 (CLM Regulation). Under the CLM regulation, if a lease or licence was in effect prior to 1 July 2018, and the proposed tenure does not add permitted uses that were not in the existing lease or licence, Minister’s consent is not required.

A diagram of the area licenced to TBBCL is outlined in red below for the information of councillors and it is noted that the surrounding land occupied by TBBCL is managed directly by Crown Lands.

Options

The options available to Council are:

1. Approve the further 5-year licence to the TBBCL for their continued occupation of the section of Lot 246 DP 40506 at the Crown Lands statutory minimum rental of $588.50 adjusted annually by CPI.

2. Advise TBBCL that Council does not wish to continue with a tenure arrangement for their use of the section of Lot 246 DP 40506. It should be noted that this section is currently fenced in and maintained by TBBCL. If Council resolve not to provide further tenure, a budget will need to be identified to maintain this land.

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

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the proposed extension of tenure with representatives from TBBCL who have indicated they would like an extension of the current tenure over Lot 246 DP 40506.

Engagement planned

In accordance with the provisions of section 47 of the LG Act, if Council proposes to grant tenure, in respect of community land, it must:

• Give public notice of the proposal (including on the Council’s website)

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

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

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

Financial and Resource Considerations

The annual licence fee payable by TBBCL over the past 5 years has increased each year by CPI, with an annual licence fee of $559.87 currently payable. All licence fees collected assist with maintenance costs of the surrounding reserve. Due to the limitations in the use of the site it is recommended a further licence be entered into with TBBCL at the Crown Lands statutory minimum rent adjusted annually in accordance with CPI.

Legal /Policy

To ensure the continued use and occupation of the reserve is appropriate for the licence, the following has been considered:

· Compliance with the legislation, related policies and guidelines

· Compatibility with the reserve purpose of public recreation

· Native Title rights and

· Aboriginal land claims.

In line with Independent Commission Against Corruption (ICAC) Guidelines, to maintain transparency and avoid any suggestion of impropriety, Council officers have considered whether direct negotiation with the current occupant is appropriate in this instance. It is recommended that a further EOI process not be conducted for the following reasons:

1. The proposed licence is to facilitate public access to the TBBCL from John Taylor Crescent and vehicular access to the greens to carry out renovations and maintenance. The temporary structure located within the proposed Licence area is for the purpose of soil storage used for maintaining the greens and can be easily removed

2. The 650m2 section of Crown land required for the proposed licence is located within the existing TBBCL grounds. The TBBCL’s occupation for the remainder of the reserve is formalised by way of a direct Crown lease

3. The TBBCL has been in existence for over 50 years and provides an important social activity to the community

4. To comply with the reserve purpose, any occupation needs to be for public recreational purposes only

5. The TBBCL has been responsible for all ongoing maintenance of the section of reserve over the term of the current licence and will continue to keep the reserve in good repair going forward

6. A market testing/public competition process was not required when the current licence was entered into as the TBBCL's occupation of this section of reserve is authorised under the adopted Tathra Foreshore Reserves Plan of Management

7. Council property officers are required to complete pecuniary interest returns annually and no conflict of interest has been disclosed

8. The reserve is under a Native Title and Aboriginal Land Claim and only existing, low impact uses will receive authorisation until the claims have been assessed.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program: 6.12.12- Develop and manage Council’s owned and managed land portfolio.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed occupation of land within R79310.

Economic

The licence agreement to TBBCL provides an economic benefit to Council and the community as the annual licence fee goes towards maintenance and upkeep of the Tathra Beach Reserve (R79310).

Risk

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

The proposed issue of a licence agreement to TBBCL will affect native title, however, the act impacting R79310 will comply with the applicable provisions of the Native Title Act 1993 (Cth) being valid future acts under section 24JA.

Social / Cultural

TBBCL has successfully operated from the site for many years and support the core objectives for the land to the benefit of the community.

Attachments

Nil

Council 16 November 2022

Item 10.10

10.10. Acquisition of easements for Bega Water Treatment Plant and Water and Sewerage Services Operations Depot

The acquisition of easements is required in connection with the construction of the new Bega Water Treatment Plant and Water and Sewerage Services Operations Depot.

Director Business & Governance

Officer’s Recommendation

1. That Council authorise the acquisition of easements over Lot 240 and 241 DP 750190 at 101 and 121 Boundary Road, Bega for $69,000 for the following:

a. A combined right of carriageway, electricity easement and underground sewer easement of variable width.

b. An easement for underground sewer 3m wide.

c. A right of carriageway and electricity easement 10m wide.

2. That Council authorise the acquisition of an easement over Lot 2 DP 512378 at East Street and Boundary Road, Bega for $37,500 for underground sewer 3m wide.

3. That the Chief Executive Officer be delegated authority to execute the necessary documentation to affect a licence over Lot 241 DP 750190 for an interim period until the acquisition of easements is finalised for a monthly rental of $346.67 plus GST as determined in the Walsh and Monaghan valuation report of October 2022.

4. That all costs associated with the creation and grant of the easements including the landowners and Council’s legal costs, survey work, plan preparation and registration fees be borne by Council.

5. That Council affixes the Seal of Council to any documents required to be sealed relating to the acquisition of easements and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents.

6. That authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the acquisition of easements not requiring the affixing of the Seal of Council.

Executive Summary

Council approval is being sought to formalise the acquisition of easements and payment of compensation to private landowners for underground sewer, electricity and a right of carriageway over private land at Boundary Road, Bega in connection with the construction of the new Bega Water Treatment Plant and Water and Sewerage Services Operations Depot.

Pending finalisation of the acquisition of the easements, Council approval is also sought to enter into a short-term licence arrangement for use of the shared and exclusive right of carriageway areas over private land at Boundary Road, Bega.

Background

Council resolved at its Ordinary Meeting of 3 November 2021, when considering the acquisition of easements associated with the Bega Water Treatment Plant and Water and Sewerage Services Operations Depot, as follows:

1. That Council enter into a formal Deed of Agreement with the landowners of Lot 240 and 241 DP 750190 at 101 and 121 Boundary Road, Bega for the acquisition of easements as follows:

a. A combined right of carriageway, electricity easement and underground sewer easement of variable width.

b. An easement for underground sewer 3m wide.

c. A right of carriageway and electricity easement 10m wide.

2. That Council enter into a formal Deed of Agreement with the landowner of Lot 2 DP 512378 at East Street and Boundary Road, Bega for the acquisition of an easement for underground sewer 3m wide.

3. If the acquisition of easements cannot be negotiated by agreement with the landowners within a reasonable time, Council acquire the easements by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 pursuant to sections 186 and 187 of the Local Government Act 1993, and do all things supplemental or incidental to, or consequential for, that purpose.

5. Council affixes the Seal of Council to any documents required to be sealed relating to the acquisition of easements and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents.

6. Authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the acquisition of easements not requiring the affixing of the Seal of Council.

Following the resolution of Council, officers continued to liaise with the affected landowners regarding the acquisition needs. Council’s legal representatives issued both landowners with deeds of agreement and copies of the valuation reports from Walsh and Monaghan Valuers dated 4 January 2021. As a matter of course, the landowners were advised to obtain independent legal advice.

In February 2022, Council received correspondence through legal representatives advising that the landowner of Lot 2 DP 512378 had requested an updated valuation and subsequently provided the attached report prepared by IPN Valuers dated 4 February 2022. The valuation for compensation was assessed at $37,500 (GST exclusive). The valuation prepared by Walsh and Monaghan dated 4 January 2021 assessed compensation at $9,200 (GST exclusive).

The advice in February 2022 noted the landowners for Lot 240 and 241 DP 750190 were also obtaining an updated valuation which was later received by Council.

The attached report prepared by IPN Valuers, also dated 4 February 2022, assessed compensation at $69,000 (GST exclusive). Council’s earlier valuation from Walsh and Monaghan dated 4 January 2021 assessed compensation at $36,700.

Additionally, the sewer alignment requirements for the project changed which impacted on the easement requirements through the private land parcels. For this reason and the time that had passed, Council requested Walsh and Monaghan Valuers to reassess their valuations.

On 10 October 2022 Council obtained updated valuation reports assessing compensation at $58,800 for Lot 240 and 241 DP 750190 at 101 and 121 Boundary Road, Bega and $14,000 for Lot 2 DP 512378 at East Street and Boundary Road, Bega.

Options

The options available to Council are:

1. Proceed with the acquisition of an easements over affected properties for compensation as detailed in the staff recommendation for the purposes of the construction of the new Bega Water Treatment Plant and Water and Sewerage Services Operations Depot on our adjoining parcel of land.

2. Advise the landowners that Council does not agree to progress the acquisition of easements for compensation as detailed in the staff recommendation. Noting this option will delay delivery of the project and occupation of the operations depot for a significant period while a compulsory acquisition is progressed. If Council cannot secure easements over the current alignment, the project cannot proceed as planned and would result in significant additional whole of life costs to Council.

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

Community and Stakeholder Engagement

Engagement undertaken

Consultation with the landowners has taken place since early 2020 and both landowners have indicated they will not agree to the acquisition of easements unless it is for the value as determined by IPN Valuers in the reports dated 4 February 2022. Engagement with external legal providers, valuers, surveyors and contractors has also occurred in relation to this matter.

The Land Acquisition (Just Terms Compensation) Act 1991 (NSW) requires negotiation with landowners for at least six (6) months to acquire land and interests in land by agreement. If agreement cannot be reached with the landowners, compulsory acquisition of the easements can be progressed and the Governor of NSW can approve the compulsory acquisitions and the Valuer General will determine the amount of compensation payable.

Engagement planned

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

Financial and Resource Considerations

Both landowners provided the valuations they obtained from IPN Valuers to Walsh and Monaghan Valuers who have provided the following comments to Council:

Lot 2 DP 51237

Overall value

IPN used $20/m², which might have been correct in February 2022, which was around the top of the market. Since interest has started to increase, demand for new lots has declined and by implication englobo lots have longer led in times until ripe for development and consequently softer values.

Percentage for easement

It is common for easements which involve excavation to be valued at 50% of full land value – broadly this would be 25% for its existence and 25% for disruption whilst the pipes are being laid. In this case, the easement bisects the entire paddock, the disruption is likely to be particularly intense and hence a generous 75% has been allowed. A percentage of 95% is simply excessive. We are not aware of a percentage this high ever having been agreed in such circumstances.

Decrease in value of adjoining land

The land is valued by both parties in its highest and best use – a R2 residential englobo lot and the existence of a sewer main which can be connected to, is a positive as development cost which will inevitably be saved. It would only be a blot on title if there is no R2 potential.

Lot 240 and 241 DP 750190

Overall value

Multiple sales in section 10 of the IPN report include GST. Walsh and Monaghan value interests net of GST, therefore the sales evidence must also be net of GST. Furthermore, IPN rely on a comparable in South Nowra (13 Oxford Street) showing $37 per m2 (net of GST) and are only discounting it by 5-10%. Whilst a useful comparable the market is far stronger in the Nowra area. Walsh and Monaghan applied a realistic discount of 25-30%.

Percentage for easements

Sewer - Disruption to lay the pipes on these lots would be minimal as most of the land is not in use. 50% (as used) is a good proposal in the circumstances. There is absolutely no justification for 80% as per the IPN Valuation.

Carriageway – Combined easement. The road will be used jointly by the parties and constructed by Council. 50/50 is a fair proportion. Walsh and Monaghan upped this slightly to reflect the existence of the electricity easement, but again IPN’s 80% is untenable.

While there this inconsistency in the compensation determinations by IPN and Walsh and Monaghan Valuers the costs associated with a compulsory acquisition process are significant due to the length of time involved and Valuer General fees which make it preferable to reach an agreement with the landowners. For this reason, it is suggested that Council offer the landowners the higher of the compensation determinations to enable an agreement to be reached for the acquisition of easements over private land.

All costs associated with creation of the easements will be funded from Council’s adopted water and sewer budget for the project.

Legal /Policy

It is a requirement under the Local Government Act 1993 that Council resolve to acquire land and interests in private property.

If Council approval is granted, the acquisitions are proposed to proceed by way of agreement with the affected landowners with formal deeds of agreement entered, setting out the undertakings to do all things necessary to effect registration of the easements.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2040:

· C.1 Deliver and support integrated water management

Delivery Program 2022-25:

· C1.1.8 Commence construction of the Bega Water Treatment Plant

· E5.5 - Develop and manage Council’s owned and managed land portfolio.

Environment and Climate Change

There are environment and climate change impacts associated with the physical construction works which have been dealt with separate to these land matters. There are no environmental or climate change concerns associated with the proposed acquisition of the easements.

Economic

There are no additional economic matters associated with the proposed acquisition of the easement that is not already addressed in this report.

Risk

In accordance with Council’s Acquisition and Disposal of Land Procedure, acquisition of land and interests in land by BVSC requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

There is significant financial and reputational risk to Council in the delivery of this project if Council is not able to reach agreement with the landowners to acquire the necessary easements over private land.

Social / Cultural

There are no social or cultural matters associated with the proposed acquisition of the easements not already addressed in this report.

Attachments

1 ⇩. Council report dated 3 November 2021 - Acquisition of proposed easements for Bega Water Treatment Plant and Water and Sewerage Services Operations Depot

2 . IPN Valuation report dated 4 February 2022 Lot 2 DP 512378 Bounday Road, Bega (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

3 . IPN Valuation report dated 4 February 2022 101 and 121 Boundary Road, Bega (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

4 . Walsh and Monaghan Valuation report dated 10 October 2022 101 and 121 Boundary Road Bega (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

5 ⇩. Walsh and Monaghan Valuation report dated 10 October 2022 Lot 2 DP 512378 Bounday Road Bega

Council 16 November 2022

Item 10.11

10.11. Bega Showground Community Centre

Council approval is sought to offer Bega Showground Land Managers tenure of five (5) years for their occupation of part of Lot 2 Sec 49 DP 758076 at Upper Street, Bega and, approval for a boundary adjustment for a portion of Lot 2 Sec 49 DP 758076 at Upper Street, Bega that will benefit NSW Crown Lands and rectify building encroachments on Council land.

Director Business & Governance

Officer’s Recommendation

1. That Council approve a five (5) year lease to Bega Showground Land Managers for occupation of part Lot 2 Sec 49 DP 758076 at Upper Street, Bega for an annual rental fee as determined by a registered Valuer, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.

2. That Council approve, in principle, option one (1) in the attached boundary options paper for a boundary adjustment to benefit NSW Crown Lands for a portion of Lot 2 Sec 49 DP 758076 at Upper Street, Bega to rectify the building encroachments on Council land.

3. That Bega Showground Land Managers be advised they will need to submit a planning proposal to amend the Bega Valley Local Environmental Plan 2013 to reclassify part Lot 2 Sec 49 DP 758076, from ‘community land’ to ‘operational land’.

4. That Bega Showground Land Managers be responsible for all costs associated with the reclassification process, including the payment of compensation to Council for the portion of Lot 2 Sec 49 DP 758076 acquired for consolidation with the Crown Land they manage.

5. That authority be delegated to the Chief Executive Officer to negotiate a suitably sized portion of Lot 2 Sec 49 DP 758076 for the required boundary adjustment with consideration of the future development needs of Council for the pool and associated infrastructure.

6. That authority be delegated to the Chief Executive Officer and Mayor to execute on behalf of Council any documentation to formalise the above course of action.

Executive Summary

Bega Showground Land Managers recently approached Council regarding a possible boundary adjustment of Council owned community land being part Lot 2 Sec 49 DP 758076 at Upper Street, Bega. The purpose is to enable the construction of a community evacuation centre and ancillary works funded under their Bushfire Local Economic Recovery Fund grant.

Due to time constraints associated with meeting the funding requirements for delivery of this project, Council approval is being sought to enter a lease arrangement with Bega Showground Land Managers over a portion of Council owned community land being Lot 2 Sec 49 DP 758076 as an interim arrangement while the Bega Showground Land Managers progress a planning proposal to allow a formal boundary adjustment to rectify the encroachments that have been identified.

Background

Under the Bushfire Local Economic Recovery Fund, the Bega Showground Land Managers obtained $9.78 million in funding to construct the new Bega Showground Community Centre. The intended outcome of the grant is to provide the Bega Valley community with a compliant, accessible, and inclusive community evacuation centre with modern amenities that provide appropriate levels of safety and comfort. Additionally, upgrades to provide fire suppression and technical upgrades to the heritage listed main pavilion building are proposed.

As part of the planning phase, it was identified that Council’s Lot 2 Sec 49 DP 758076 is limited title which means that when it was converted from the old system to Torrens title the Registrar General did not investigate and determine the boundaries, so a limitation was placed on the land title. The only way to remove a limitation on title is for a registered surveyor to do a delimitation survey. Given part of Council’s Lot 2 Sec 49 DP 758076 has been fenced into the showground for many years, the pavilion building is located hard against the western boundary and the showground decommissioned toilet block is located on Council’s land parcel. Bega Showground Land Managers engaged Caddey Searl and Jarman to prepare the delimitation survey and the survey has shown the existing heritage listed pavilion and decommissioned toilet block is encroaching onto Council’s land. Page six of the attached boundary options paper shows a sketch of the encroachments.

For the Bega Showground Land Managers to progress the funded upgrades to the pavilion and construction of the community centre, Council officers have discussed options to rectify the encroachments which have been detailed in the attached options paper.

To allow lodgement of the development application, owner’s consent is required from all landowners. Council will then be joined to the application. The matter will be determined by the Southern Regional Planning Panel (as a Crown development over $5 million). Council’s Planning Services team has advised a normal condition of consent would require either consolidation of the land parcels prior to release of a construction certificate or registration of a suitable boundary adjustment. Bega Showground Land Managers will need to work through this as it will have time implications on their capacity to deliver this project. The boundary adjustment would not be able to be progressed until the reclassification process has been complete.

Figure 1: Diagram showing Lot 2 Sec 49 DP 758076 being Council owned community land which Bega pool is located on and Lot 1 Sec 49 DP 758076 being Crown Land managed by Bega Showground Land Managers

Options

The options available to Council are:

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

2. Advise Bega Showground Land Managers that Council does not support the proposed boundary adjustment and lease. Noting this option would have an adverse impact on their ability to complete the project and the encroachment issues would not be resolved.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the options with Bega Showground Land Managers and their consultant who have indicated their preference to rectifying the boundary encroachments in the attached boundary options paper.

It is noted that the Bega Showground Land Managers attended a development pre-lodgement meeting with Council’s Development Advisory Panel in January 2021 and the issue of land tenure was raised with the proponent at this time.

Engagement planned

In accordance with the provisions of section 47A of the Local Government Act 1993 if Council proposes to grant a lease, in respect of community land for a period of 5 years or less, it must:

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

· Exhibit notice of the proposal on the land to which the proposal relates

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

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

Financial and Resource Considerations

Given the lengthy process required to reclassify Council owned community land to allow a transfer of land to progress before the funding deadline of 30 June 2024 an interim arrangement to lease the section of land to the Bega Showground Land Managers is suggested. It should be noted there are still some concerns around whether a lease arrangement will allow the Bega Showground Land Mangers to progress due to that fact that a normal condition of consent requires a consolidation of the land parcels prior to release of a construction certificate.

In accordance with Council’s Management of Leases and Licences Procedure, a market rental valuation will need to be commissioned before entering into any tenure arrangement to determine the appropriate rental for the lease term. Bega Showground Land Managers will be able to apply for a rental rebate, in line with Council’s Rental Assessment and Rebate Procedure which will be evaluated using the matrix contained in the procedure to determine a rental figure prior to entering into any tenure arrangement.

Bega Showground Land Managers will be responsible for all costs associated with the reclassification process, including the payment of compensation to Council for the portion of Lot 2 Sec 49 DP 758076 acquired for consolidation with the Crown Land they manage. Once the extent of the section of Lot 2 Sec 49 DP 758076 required for the boundary adjustment is confirmed, a registered surveyor will be engaged to prepare the necessary plan following which a registered valuer will be engaged to determine the compensation payable to Council.

Council officer resources and liaison with external legal representatives, surveyors, valuers, NSW Land Registry Services and consultants will be required throughout the course of this matter.

Legal /Policy

As Council’s Lot 2 Sec 49 DP 758076 is classified as community land – park/general community use under the Local Government Act 1993 (NSW), a reclassification of the land to operational land is necessary to facilitate a boundary adjustment.

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2040:

· B.2 Collaborate with relevant parties and industry to promote and support opportunities to diversify and grow our economy

· E.6 Council decision making seeks to optimise environmental, social and economic outcomes for our community, while mitigating financial, legal, environmental, reputational and safety risk

Delivery Program 2022-25:

· E5.5 - Develop and manage Council’s owned and managed land portfolio.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed lease and boundary adjustment to Bega Showground Land Managers.

Economic

The lease agreement and boundary adjustment will provide an economic benefit to Council and the community.

Risk

In accordance with Council’s Acquisition and Disposal of Land Procedure, disposal of land by Council requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

There are legal, financial, safety and reputational risks associated with this report. At present Council is already exposed to these risks as the pavilion and decommissioned toilet block are located on Council land. It is in Council’s best interests to work with the Bega Showground Land Managers to rectify these encroachments.

Social / Cultural

This project provides long term benefit to the Bega Valley community, replacing ageing, unsuitable existing buildings with a compliant, accessible, and inclusive evacuation centre with modern amenities and air conditioning. The two-level facility will provide a space for meetings, concerts, indoor sports, and community events. This project also includes installing air conditioning and various fire suppression and technical upgrades to the heritage listed pavilion. The new community centre is intended to operate as a fully functioning evacuation centre for the community, including to have the connectivity to external power supply and communications should the needs arise.

Attachments

1 ⇩. Bega Showground Land Managers boundary option paper

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	16 November 2022
*Item 8.1 - Attachment 1*	DRAFT procedure 3.01.01 Reporting of development applications to Council

Council	16 November 2022
*Item 8.2 - Attachment 1*	Bega Valley Development Control Plan 2013 Council requirements for off-street car and bicycle parking

Council	16 November 2022
*Item 8.4 - Attachment 1*	Clause 4.6 Variations Reported to DPE July to September 2022

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	16 November 2022
*Item 8.5 - Attachment 1*	DRAFT Burning off in open areas policy 4.14

Council	16 November 2022
*Item 9.1 - Attachment 1*	Tathra wharf to waves bike ride - 2023

Council	16 November 2022
*Item 9.1 - Attachment 2*	Stopping and parking restrictions at intersections

Council	16 November 2022
*Item 9.1 - Attachment 3*	Corner Carp and Auckland car space photo

Council	16 November 2022
*Item 9.1 - Attachment 4*	Bermagui netball courts - Design revision B

Council	16 November 2022
*Item 10.1 - Attachment 1*	Attachment 1 olg-guidelines-special-variation-2021-22_0

Council	16 November 2022
*Item 10.2 - Attachment 1*	DRAFT Annual Report 2021-2022

Council	16 November 2022
*Item 10.2 - Attachment 2*	Attachment 1 Operational Plan 2021-22 Progress Reports Compiled

Council	16 November 2022
*Item 10.3 - Attachment 1*	Quarterly Budget Review September (Q1) FY2023

Policy	Submitted by	Proposed amendments	Proposed Action
Policy 6.01 Governance	Robert Kingston	Audit Risk and Improvement Committee (ARIC) assessment of Council’s policies and policy process.	Present to ARIC for discussion and consider suggestion for improvement in the format and future review of Council’s Policies

Council	16 November 2022
*Item 10.5 - Attachment 1*	Robert Kingston submission on Policy 6.01 Governance

Council	16 November 2022
*Item 10.5 - Attachment 2*	DRAFT placed on exhibition - Policy 6.01 Governance v 6

Council	16 November 2022
*Item 10.6 - Attachment 1*	DRAFT for Exhibition Policy 1.09 Community Grants Program v 2

Council	16 November 2022
*Item 10.6 - Attachment 2*	DRAFT for Exhibition New Policy 4.16 Child safe organisation v 1

Council	16 November 2022
*Item 10.6 - Attachment 3*	DRAFT for Exhibition Policy 6.02 Behaviour of Councillors and Staff v 3

Council	16 November 2022
*Item 10.6 - Attachment 4*	DRAFT for Exhibition Policy 6.03 Risk Management v 6

Council	16 November 2022
*Item 10.6 - Attachment 5*	DRAFT for Exhibition Policy 6.04 Conditions of Employment v 7

Council	16 November 2022
*Item 10.6 - Attachment 6*	DRAFT for Exhibition Policy 6.05 Work Health and Safety v 5

Council	16 November 2022
*Item 10.6 - Attachment 7*	DRAFT for Exhibition Policy 6.06 Financial Management v 5

Council	16 November 2022
*Item 10.6 - Attachment 8*	DRAFT for Exhibition Policy 6.07 Investment Policy v 4

Council	16 November 2022
*Item 10.6 - Attachment 9*	DRAFT for Exhibition Policy 6.11 Information ( Records ) Management v 4

Council	16 November 2022
*Item 10.6 - Attachment 10*	DRAFT for Exhibition Policy 6.13 Organisational Service Standards v 5

Council	16 November 2022
*Item 10.6 - Attachment 11*	DRAFT for Exhibition Policy 6.14 Policy Use of Council Seal - Common Seal v 3

Council	16 November 2022
*Item 10.6 - Attachment 12*	DRAFT for Exhibition new Policy 6.18 Fraud and Corruptions Prevention v 1

Council	16 November 2022
*Item 10.7 - Attachment 1*	Council report dated 4 November 2015 - Acquisition for road widening - Main Road 91 Pambula to Wyndham

Council	16 November 2022
*Item 10.7 - Attachment 2*	Survey Plan showing encroachment of Mount Darragh Road on Lot 16 DP 32269

Council	16 November 2022
*Item 10.10 - Attachment 1*	Council report dated 3 November 2021 - Acquisition of proposed easements for Bega Water Treatment Plant and Water and Sewerage Services Operations Depot

Council	16 November 2022
*Item 10.10 - Attachment 5*	Walsh and Monaghan Valuation report dated 10 October 2022 Lot 2 DP 512378 Bounday Road Bega

Council	16 November 2022
*Item 10.11 - Attachment 1*	Bega Showground Land Managers boundary option paper

Council	16 November 2022
*Item 10.13 - Attachment 1*	Signed Audit Risk and Improvement Committee ARIC Annual Report 2022