Agenda of Council - 28 October 2020

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

· Is it consistent with Government policy, Council’s objectives and Code of Conduct?

· What will the outcome be for you, your colleagues, the Council, anyone else?

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

· Can the decision be justified in terms of public interest?

· Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

· Is it likely I could be influenced by personal interest in carrying out my public duty?

· Would a fair and reasonable person believe I could be so influenced?

· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

· Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflictions of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

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

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

The following form should be completed and handed to the General Manager as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

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

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Council

28 October 2020

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

Recommendation

That the Minutes of the Ordinary Meeting and Closed session held on 7 October 2020 as circulated, be taken as read and confirmed.

3 Declarations

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

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

5 Petitions

6 Mayoral Minutes

6.1 Support for Land Based Services at Snug Cove, Eden................................................................ 9

7 Urgent Business

8 Staff Reports – Planning and Environment

Nil Reports

9 Staff Reports – Community, Culture and Leisure

Nil Reports

10 Staff Reports –Economic Development and Business Growth

10.1 BCRRF Funding - Phase 2 Stream 1 and Waste-wise Event Grants....................................... 12

11 Staff Reports – Infrastructure Waste and Water

11.1 Classification of land at Tanja...................................................................................................... 18

11.2 RFT 2021-03 Pretty Point Bridge Construction......................................................................... 20

11.3 Public Exhibition of Draft Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan................................................................................................................................................ 24

11.4 Proposed telecommunication lease at the Tura Beach reservoir site.................................. 29

11.5 Narira Village Complex.................................................................................................................. 45

11.6 Merimbula Skatepark - Proposed Location............................................................................... 54

11.7 RFT 2021- 42 Towamba and Burragate Road Upgrade......................................................... 146

12 Staff Reports – Governance and Strategy

12.1 Final Report of the NSW Bushfire Inquiry............................................................................... 152

13 Staff Reports – Finance

13.1 August Certificate of Investment.............................................................................................. 171

13.2 September Certificate of Investment....................................................................................... 175

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

16.1 Temporary Reduction in Venue Hire Fees - Bega Valley Commemorative Civic Centre 180

17 Questions with Notice

17.1 Cr Dodds - Tathra to Kalaru Shared Path Project................................................................... 182

17.2 Cr Bain - FOGO Compost Screening.......................................................................................... 184

18 Questions without Notice

19 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public........................... 184

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

Statement of Re-Commencement of Live Streaming

20 Noting of Resolutions from Closed Session

21 Declassification of reports considered previously in Closed Session

Council 28 October 2020

Item 10.1

10.1. BCRRF Funding - Phase 2 Stream 1 and Waste-wise Event Grants

This report provides a summary of the projects included in Council’s application to Phase Two of the Bushfire Community Recovery and Resilience Fund (Stream 1) grant program, and proposals to redirect waste-wise event grant funds.

Project Lead - Recovery, Rebuilding and Resilience

Officer’s Recommendation

That Council:

1. Note the summary of the projects for Phase Two of the Bushfire Community Recovery and Resilience Fund (Stream 1) that was submitted prior to the closing date on 27 October 2020.

2. Resolve not to deliver a waste-wise events grant round in financial year 2021.

3. Contribute $30,000 from the waste-wise events grant fund to the Black Summer community commemoration grant program.

4. Award $25,000 to support New Year’s Eve events in Merimbula ($20,000) and Eden ($5,000), from the FY2021 waste-wise events grant fund.

5. Award $10,000 to support the 2021 Bermagui Sculpture event, from the FY2021 waste-wise events grant fund.

6. Award $5,000 to support Eat Merimbula 2021, from the FY2021 waste-wise events grant fund.

Executive Summary

This report provides advice of an application by Council for Phase Two of the Bushfire Community Recovery and Resilience Fund (Stream 1) and proposed redistribution of waste-wise event grants.

These funds will support:

· Council-led small-scale community grants program

o Round 1 – Black Summer Community Commemorations grant

o Round 2 - Business Ideas recovery initiatives grant

· Council-led recovery and resilience projects

o Community recovery through regreening action

o Business resilience for the Bega Valley

· Certain events usually funded through the waste-wise events grant program.

Background

Phase Two of the Bushfire Community Recovery and Resilience Fund (BCRRF) will support community recovery by funding $25 million worth of projects and initiatives that will promote community well-being, social and broader recovery and future disaster resilience following the bushfires. This Phase provides two funding streams: Stream 1 will involve allocation of funds to local councils for smaller-scale, short term community projects; Stream 2 is an open competitive funding program looking for medium and long-term community bushfire recovery projects.

The objective of Phase Two Stream 1 of the BCRRF is to deliver flexible funding to local councils for smaller scale, locally led community recovery activities. The purpose is to support communities overcome the social impacts of the bushfires.

Stream 1 is a non-competitive funding round that will provide a payment of $250,000 to Bega Valley Shire Council for shorter-term projects in impacted areas. The guidelines for this program were released on 29 September 2020, with applications due on 27 October 2020. The funding guidelines stipulates a minimum of 25% of the allocation is to be allocated to a council-led small-scale community grants program. It is expected that Council’s application would be determined by Resilience NSW by 1 December 2020. Stream 1 funding must be expended by 30 June 2022.

1. Council-led small-scale community grants program

1.a. Round 1 – Community commemoration grant – allocation $60,000

Funding will be made available for community recognition of bushfire disaster anniversaries, providing support for community led bushfire commemoration initiatives across the Shire. This will be comprised of $30,000 of Phase Two Stream 1 funding and $30,000 of waste-wise event grant funding.

1.b. Round 2 - Business Ideas recovery initiatives grant – allocation $52,500

Funding will be open to all businesses in the Shire, business groups, industry groups, not-for profit organisations and community groups in the Shire to undertake locally led business recovery initiatives that improve the capacity and capability of businesses, organisations and industries to respond to future disasters including mitigation practices for risks and threats plus initiatives which support communities overcome the social impacts of the bushfires.

The Business Ideas recovery initiatives grants program will uniquely harvest business recovery ideas by engaging the business community to present, vote, own and receive seed funding for their business recovery ideas.

2. Council-led recovery and resilience projects

The $160,000 remainder of the Phase Two Stream 1 funding will be allocated to two Council led recovery and resilience projects which support community and business recovery and resilience. Both projects have been informed by community and business needs they will be Council-led and delivered in consultation with community and business.

Project 1.a. Community recovery and resilience through regreening action – allocation $80,000

This project will engage the community in environment and restoration activities which assist recovery and build resilience in both the human and ecological communities in bushfire impacted areas. The activities have been based on evidence from previous bushfires in Victoria and ACT which demonstrate the value of community-led approaches and how connecting communities with ecological restoration projects can achieve the dual goals of improving mental health and ecological recovery. The focus will be on promoting volunteering, mobilising volunteers for resilience building activities.

Project 2.b. Business resilience for the Bega Valley – allocation $80,000

This project will support businesses in the Bega Valley recover from the impacts of the bushfires and improve the capacity and capability of businesses to respond to future disasters. The activities in this project will complement existing Business Chamber activity and will be available to all businesses in the Shire.

Options

Options available to Council are to:

1. Note the proposed projects for BCRRF Phase Two Stream 1 submitted prior to the close on 27 October 2020, and reallocate waste-wise event grant funds. This is the recommended option.

2. Note the proposed BCRRF Phase Two Stream 1 projects and retain waste-wise event grant funding for disbursement through a competitive grant round.

3. Request staff to withdraw the application for BCRRF Phase Two Stream 1 projects funding.

Community Engagement

Consultation undertaken

The projects were developed from information provided by Council officers who have been engaging with bushfire affected residents, the local business community, and those who regularly apply for waste-wise events grants.

This consultation has identified an appetite for community-led activities to commemorate the first anniversary of the Black Summer fires. There has also been interest from the business community in programs to support business recovery.

In relation to waste-wise grants, most of those who regularly apply for event grants are not in a position to run their events due to COVID constraints or are not planning to seek Council funds to run those events. Eat Merimbula, Bermagui Sculpture and New Year’s Eve events at Merimbula and Eden are, at this stage, planning to proceed. Direct allocation of grant funds to these events will provide certainty and reduce administrative burdens for both event organisers and Council staff.

Consultation planned

Consultation will be undertaken with bushfire-affected communities and businesses to determine the criteria for community commemoration and business ideas recovery initiatives grants.

Council consideration of input

Councillors were briefed on the proposals described in this report on 14 October 2020, and feedback has been incorporated into the project details presented in this report. Further input from Councillors will be sought in relation to the criteria for award of the proposed grant rounds.

Financial and resource considerations

There are no direct financial implications associated with the proposes applications. The proposals in this report are funded from BCRRF grant funding and reallocation of funds in Council’s adopted FY2021 budget.

Funding source		Amount
Phase 2 Bushfire Community Recovery and Resilience Fund Stream 1	$	250,000
General Fund - Waste-wise events grant program	$	70,000
Total	$	320,000

The application submitted for allocation of the $250,000 Phase 2 Bushfire Community Recovery and Resilience Fund (Stream 1) funding as follows:

Projects	Allocation
1. Council-led small-scale community grants program
1.a. Round 1 – Community Commemoration grant	$30,000
1.b. Round 2 - Business Ideas recovery initiatives grant	$52,500
Grant program administration	$7,500
2. Council-led recovery and resilience projects
2.a. Community recovery through regreening action	$80,000
2.b. Business resilience for the Bega Valley	$80,000
Total	$250,000

Legal /Policy

There are no direct legal or policy implications associated with the proposal.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal is consistent with Council’s Community Strategic Plan:

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

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

Goal 11: We are an informed and engaged community with a transparent, consultative and responsive Council

and aligned with the following actions in Council’s adopted Operational Plan:

1.1.2.1 Promote partnerships and collaborations which increase community wellbeing

4.7.7.4 Build community resilience for future disasters

Environmental / Sustainability

There are no direct environmental sustainability implications of submitting the Phase Two Stream 1 BCRRF grant application.

The project activities within the ‘Community recovery through regreening action project’ seeks to assist recovery of bushfire impacted landscapes in the Bega Valley.

Reallocation of waste-wise event grant funds supports commemorative activities to be undertaken in a manner that minimises waste generation.

Economic

There are no direct economic impacts of submitting the Phase Two Stream 1 BCRRF grant application.

The proposals described in this report contribute positively to the local economy, both in the short term through the minor increase in economic activity funded by the grant, and in the longer term by improving the resilience of businesses and the environment.

Risk

Submitting grant applications, administering grant programs, and delivering environmental and economic development programs are regular activities of Council and do not introduce new risks.

Social / Cultural

These projects seek to support local communities to recover from the recent bushfires and respond to identified issues in the community arising from those events.

Attachments

Nil

Council 28 October 2020

Item 11.2

11.2. RFT 2021-03 Pretty Point Bridge Construction

This report details the evaluation outcome of Request for Tender 2021/03 for the replacement of Pretty Point Bridge.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the tender for RFT 2021/03 Pretty Point Bridge from [to be inserted] for $[to be inserted] as outlined in Confidential Attachment 1.

2. That Council delegate to the General Manager authority to award the tender and execute all necessary documentation.

3. That Council officers advise unsuccessful tenderers of Council’s decision.

Executive Summary

This report presents the outcome of RFT 2021/03 for Stages 5-8 to complete the permanent installation of the Unibridge system at Pretty Point Bridge, as well as associated roadworks in accordance with the original resolution of Council of 2013.

The bridge replacement works when complete will not preclude the later re-installation of the original timber trusses on to the bridge, should funding permit in the future.

Background

Council resolved the following at its meeting 6 November 2013 regarding replacement of the Pretty Point Bridge:

1. That Council replaces the Pretty Point Bridge using the Unibridge modular bridging system.

2. That Council not call tenders due to extenuating circumstances and the unavailability of alternative tenderers that can provide a system to allow the staged restoration of the Pretty Point bridge and maintain its historical links.

3. The works to be staged and carried out by Council’s bridge team to minimise the impact on Council’s LTFP bridge program.

The new bridge was designed based on the Unibridge system to enable staged construction. Stages 1 to 3 were carried out in 2017 as an interim measure using two of the Unibridge steel box girders.

This was done to ensure continuing load capacity for heavy vehicles. Council procured the complete Unibridge system components for the new bridge during Stages 1-3.

The first three stages were completed during the 2013/14 financial year, with the following works completed:

Stage 1

· Installation of temporary girder1 to support the upstream edge of the deck

· Removal of the upstream truss to allow for installation of temporary girder 2

Stage 2

· Installation of extra piles to existing piers to support temporary girder 2

· Installation of temporary girder 2 to support the upstream edge of the deck to allow transfer of temporary girder 1

Stage 3

· Support of temporary girder 1A and clearing of the deck

· Installation of temporary girder 1 to support the downstream edge of the deck

· Removal of the downstream truss with the deck now supported by the Unibridge girders

During Stage 3 of the bridge replacement the existing timber trusses were removed from the bridge and transported to Bega for storage. It was also at this time, the bridge load limit was revised to 20 tonnes, with a 10 km/h speed limit and a 3.5m traffic lane.

Council resolved at its meeting 23 November 2016:

That the Programme Works be carried out on the Pretty Point Bridge using Unibridge Modular Bridging system, without reinstating the Timber Trusses.

Stage 4 of the works was completed in 2016/17 with the following works:

• Construction of the new pier 2 (western) adjacent to the original pier

• Concrete encase of the existing pier 1 (eastern)

Council again considered Pretty Point Bridge at its meeting of 11 November 2017 and resolved:

That Council continue to work with the Pretty Point Bridge committee to promote and research the possibility of putting the trusses back on the new bridge in a manner that does not interfere with the operation of the bridge and reflects the heritage of the bridge.

The scope of work for RFT 2021 03 includes Stages 5-8 to complete the permanent installation of the Unibridge system as well as associated roadworks in accordance with the original resolution of 2013.

The bridge replacement works when complete will not preclude the later re-installation of the original timber trusses on to the bridge should funding permit in the future.

The existing trusses have now been relocated from the Bega Bridge Yard to a dedicated display site adjacent to the bridge by the local community with the assistance of the NSW Government ‘Heritage Near Me’ grant and are currently being restored by the community.

Community Engagement

Extensive consultation has taken place regarding the bridge with the local community over the last decade.

Wyndham Progress Association has provided letters of support to complete the construction within the current scope.

The local community will be informed of construction as it progresses.

Financial and resource considerations

The table below provides detail of the project budgets and funding sources associated with bridge replacement.

Funding sources

Amount

2020-21 SRV for Timber Bridges Renewal Program

2020-21 Federal BRP Round 5

350,000

500,000

Total

850,000

Legal /Policy

The works are scheduled as part of Council’s bridge renewal program.

No further approvals are required.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The replacement of Pretty Point Bridge aligns with the Community Strategic Plan, Outcome 5: Connected Communities:

‘Goal 10: We have a network of good quality roads, footpaths and cycleways connecting communities throughout the Shire and beyond ‘

It is a key deliverable in the Transport Capital Delivery Plan and the subject of Bridges Renewal Program Round Five grant application, as outlined in the Operational Plan 2020-21.

Environmental / Sustainability

Review of Environmental Factors has been done. The works carried out as per the REF will have minimal environmental impact.

The RFT Scope of Work specifies recycling of all metal, salvage/reuse of other demolished materials including in particular timber where practicable.

Economic

The new Pretty Point Bridge will reduce Council’s future maintenance costs.

Risk

The new Pretty Point Bridge will reduce risk from bushfire and flood. The existing timber bridge caught fire causing considerable damage in the January 2020 bushfires during which it was extinguished three times by local firefighters.

Social / Cultural

Pretty Point Bridge is a critical strategic transport link to the New Buildings and Rocky Hall communities and beyond and the current weight load limit restriction will be removed

Attachments

1 . Confidential Attachment Report RFT 2021/03 Pretty Point Bridge Construction (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 28 October 2020

Item 11.3

11.3. Public Exhibition of Draft Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan

The draft Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan are ready for public exhibition and comment.

Director Assets and Operations

Officer’s Recommendation

1. That Council note the draft Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan, which are available at:

· Merimbula Floodplain Risk Management Plan Revision 1 https://begavalley.nsw.gov.au/page.asp?f=RES-NDI-53-47-18

· Merimbula Floodplain Risk Management Study Maps Rev 1 https://begavalley.nsw.gov.au/page.asp?f=RES-BOW-68-53-34

· Merimbula Floodplain Risk Management Study Report Rev 1 https://begavalley.nsw.gov.au/page.asp?f=RES-XZO-77-61-43

2. That Council resolve to place the draft Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan on public exhibition for not less than 28 days.

3. That a further report be submitted to Council if there are material changes arising from the public exhibition process.

4. That Council officers finalise the Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan following the public exhibition period if there are no material changes arising from that consultation.

Executive Summary

The formal public exhibition of the draft Merimbula Lake and Back Lake Floodplain Risk Management Study (FRMS) and Plan (FRMP) and findings will allow community input and submissions to be incorporated into the final documents to be adopted. The exhibition process will also allow Council to meet current NSW Government consultation requirements under the NSW Floodplain Development Manual.

Background

Bega Valley Shire Council engaged consultants, Rhelm, to undertake a FRMS and FRMP for the Merimbula Lake and Back Lake catchments. The FRMS and FRMP were undertaken as the next step in the floodplain risk management process, following the completion and endorsement of the corresponding Merimbula Lake and Back Lake Flood Study by Council at its meeting of 16 March 2017. The previous project was completed with the assistance of a Floodplain Management Program grant from the NSW Department of Planning, Industry and Environment.

The completion of a FRMS and FRMP form the penultimate stage towards implementation of a comprehensive floodplain risk management process for the catchment, in accordance with the NSW Floodplain Development Manual, April 2005.

A FRMP is the formalisation of management measures identified to address the flood risks identified at the Flood Study stage of the process. A FRMS identifies options to address those risks that form the basis for the considerations and decisions in the FRMP. The FRMS and FRMP are based on a comprehensive and detailed evaluation of all factors that affect, and are affected by, the use of flood prone land. It represents the considered opinion of expert consultants, NSW Government floodplain management officers, Council and the local community on how to best manage flood risk and flood-prone land within the relevant catchment area. It also provides a long-term path for the future development of land.

Council has taken the initiative to develop a FRMS and FRMP to assist with planning for and managing the risk the community faces from flooding. Council was successful in applying to the then NSW Office of Environment and Heritage (now Department of Planning, Industry and Environment (DPIE)) Floodplain Management Program grant scheme for project funding. Council resolved to accept that funding and commit 1:2 matching funds at its meeting of 31 January 2018.

DPIE is supporting Council by providing technical assistance and administering grant funding from the Minister for Police and Emergency Services for the project.

The draft FRMS and FRMP have now been completed. All computer modelling and mapping has been completed and the draft options and recommendations are now ready for public comment and submissions. The FRMS and FRMP will provide the technical and policy basis required for the implementation of floodplain risk management measures relevant to the study area in the Back Lake and Merimbula Lake catchments.

Options

The options available to Council are:

1. Place the draft FRMS and FRMP on public exhibition as per the requirements of the NSW Government Floodplain Risk Management process. This is the recommended option.

2. Not exhibit the draft FRMS and FRMP. This presents a risk of reduced likelihood of future grant funding.

3. Defer exhibition and seek an extension of time from DPIE to execute the final handover of deliverables.

Community Engagement

Consultation undertaken

Consultation via formal public exhibition and the invitation of public comment is the subject of this report. Community consultation regarding FRMS and FRMP outcomes and findings are a requirement of the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual.

Initial consultation with residents within the catchments was completed using a community flood questionnaire during November-December 2018. Consultation of relevant NSW Government agency stakeholders occurred during the same period.

Consultation has also been completed throughout the project with the Bega Valley Shire Floodplain Risk Management Focus Group of which the community, NSW Government, Councillors and Council staff are represented. Chapter 5 of the draft FRMS outlines in detail the consultation undertaken during the project to date.

The FRMS and FRMP are informed by the Merimbula Lake and Back Lake Flood Study, which was also subject to extensive community consultation.

Consultation planned

To promote the exhibition of the draft FRMS and FRMP, print, radio, and digital media channels will be utilised. Engagement sessions with Council’s consultant and staff will be arranged at a date to be determined for residents to raise issues relating to their areas. Engagement sessions during and after normal business hours will be arranged to provide a broad range of opportunities for community participation. Typically, in previous projects, these engagement sessions were conducted face-to-face. In the current climate of COVID19 restrictions, COVID-safe measures will be required for any engagement, which may include virtual delivery.

Council consideration of input

Councillors considered the flood risks within these catchments and resolved to adopt the Merimbula Lake and Back Lake Flood Study in 2017.

Councillors Seckhold and Nadin have been involved, through the Bega Valley Shire Floodplain Risk Management Focus Group, in the development of the FRMS an FRMP.

Following public exhibition any submissions will be considered in the finalisation of the FRMS and FRMP documents prior to presenting to Council for final endorsement at a later date.

Financial and resource considerations

The FRMS and FRMP are subsidised on a 1:2 basis through the NSW Government’s Floodplain Management Grant Program. The Grants are subsidised at a rate of two government dollars per Council dollar. Upon executing the relevant funding deed following Council resolution dated 31 January 2018, Council was obligated to provide the matching one-third co-contribution.

Funding source		Amount
DPIE Floodplain Management Grant Funds	$	169,866.67
Stormwater Operating Expenses	$	84,933.33
Total	$	250,800.00

Legal /Policy

In accordance with Section 733 of the Local Government Act 1993, floodplain risk management in urban and rural areas in NSW is governed by the NSW Government’s Flood Prone Land Policy and its Floodplain Development Manual.

Locally, NSW Government policy relating to land use is implemented through Council’s adopted Bega Valley Local Environmental Plan 2013 and the Bega Valley Development Control Plan 2013.

Part of the typical outcomes of a FRMS and FRMP are a review of structural and non-structural flood mitigation options. Some of the typical non-structural options arising from a FRMS and a FRMP include review of flood related planning controls, flood prone land policies and flood related development controls. The final mix of structural and non-structural options are developed with the assistance of community consultation at these subsequent stages. These outputs are then incorporated into Council’s planning Instruments

Council issues planning certificates under Section 10.7 of the Environmental Planning and Assessment Act 1979 to inform potential purchasers of planning controls and policies that apply to the subject land. The properties affected by flood hazards at Merimbula Lake and Back Lake were identified as part of the Flood Study, and these changes to planning certificates have been made.

There are several properties that do not have these flood related planning and development controls currently exist. This may occur because they are not flood prone, according the definitions of the NSW Government’s Flood Prone Land Policy, or no detailed flood mapping has been undertaken in those areas. Some of these properties may have flood related planning and development controls applied after the adoption of the FRMS and FRMP.

Council also has obligations according to the terms and conditions of the grant funding agreement with DPIE that include the mandatory use of external consultants, co-publicity, whole-of-government access to the final products and a handover date of 31 December 2020 for the project deliverables.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completed FRMS and FRMP will form the key technical and policy basis for decision making and implementation of the adopted FRMP. The completed FRMS and FRMP will allow Council to identify and manage the existing, continuing and future flood risk, hydraulic and hazard categories within the Merimbula Lake and Back Lake catchments. The FRMS quantifies options to manage the identified flood risks within the floodplain in a considered and strategic fashion. Strategic responses for land-use planning, asset planning, emergency response planning, environmental, social and economic impact management can then be formulated to address existing and future flood risk and incorporated into relevant key strategic documents. Once adopted, the FRMS and FRMP will provide relevant information for consideration in revising Council’s planning instruments, asset management plans, emergency management plans and Long-Term Financial Plan.

An adopted FRMS and FRMP also allow Council further access to funding for implementation of certain actions identified within the FRMP through the NSW Government Floodplain Management Program upon successful grant application. These grants are typically offered at a ratio of 2:1 NSW Government to Council funding.

Operational / Asset Management Plan

The completion of this project supports Operational Plan 2020-21 Action 5.10.20: ‘Identify and complete infrastructure related floodplain risk management projects’. The associated Performance Measure is completion of project 5.10.20.1 ‘Continue delivery of Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan’.

When finalised, the FRMS and FRMP will form the basis of future asset/community planning and protection.

Environmental / Sustainability

Environmental concerns such as climate change, including sea level rise, have been addressed in the draft FRMS and FRMP, in accordance with current NSW Government guidelines.

Economic

The FRMS and FRMP is a multi-disciplinary process that balances differing factors to generate recommendations for the implementation of an appropriate mix of management measures to deal with the different types of flood risk. Some typical factors considered during the management study are; the flood behaviour, danger and damage, community costs of flooding, future land-use, a comprehensive range of flood risk management measures, environmental needs of the river and floodplains and environmental and cultural impacts of management measures.

Cost-benefit ratios of differing identified risk mitigation options from community consultation are described in the FRMS for inclusion in the FRMP for the study area. The identified floodplain risk management strategies are aimed at managing and mitigating flood risk where possible to reduce the economic impact on the community. These options are then evaluated for inclusion in the adopted FRMP for future implementation. The implemented FRMP will assist in managing any economic impacts arising from flood events.

Risk

The adopted FRMS and FRMP and the implementation of the identified actions will allow Council and the community to manage its existing, continuing and future flood risk. The FRMS and corresponding FRMP recommendations will form key inputs for any future revision of Council’s Community Strategic Plan, Delivery Program and Operational Plan, future versions of Council’s planning instruments and will meet Council’s obligations under theLocal Government Act 1993.

Placing the draft FRMS and FRMP on exhibition for public comment is consistent with Council’s adopted Community Engagement Strategy and is a requirement of the floodplain risk management process. This consultation process ensures that the outcomes incorporate the views of the community. Any submissions made during the public exhibition period will be considered in the finalisation of the FRMS and FRMP.

Council has existing commitments according to the terms and conditions of the grant funding agreement with DPIE. Delays in finalisation of the FRMS an FRMP may lead a breach of the agreement that could jeopardise the success of future floodplain risk management grant applications.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of NSW. Transport and communication infrastructure are often located in floodplains which, as generally the more fertile areas, are a base for a significant proportion of NSW agricultural activity and home to a large proportion of the NSW population. Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain. However, flooding can also interfere with production, communication, transport, emergency management and agricultural practices, as well as affecting property and potentially leading to loss of life. Therefore, development and management of floodplains needs to consider a broad range of issues, including balancing the benefits of occupying the floodplain against the costs.

The findings, recommendations and implementation of the adopted FRMP will form the technical and policy basis for the management of social, cultural and economic impacts.

Attachments

Nil

Council 28 October 2020

Item 11.4

11.4. Proposed telecommunication lease at the Tura Beach reservoir site

This report seeks Council approval to enter into commercial negotiations with the NSW Telco Authority and its representative, Visionstream Australia Pty Ltd, regarding a co-location on the RBA Holdings Pty Ltd tower on Sapphire Coast Drive, Tura Beach as part of the Critical Communications Enhancement Program and an expansion of the existing compound lease area to install an equipment shelter.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council approve tenure of 20 years in the form of 4 x 5-year leases to the NSW Telco Authority for its proposed land lease of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental as determined by a registered Valuer.

3. That the NSW Telco Authority or its representative, Visionstream Australia Pty Ltd, be responsible for the payment of all costs associated with the lease.

4. That Council authorise the General Manager and Mayor to execute all necessary documentation to provide tenure of 20 years.

Executive Summary

The NSW Telco Authority and its representative, Visionstream Australia Pty Ltd, is seeking co-location on the RBA Holdings Pty Ltd (RBA) tower and a new ground lease on part Lot 2 DP 826717 at the Tura Beach reservoir site to allow for expansion of the existing compound lease area to install an equipment shelter. The proposal is part of the NSW-wide Critical Communications Enhancement Program (CCEP) (Attachment 1) to provide reliable emergency radio communications to the area.

Background

Council resolved at its Ordinary Meeting of 28 February 2012, when considering the proposed construction of a 50-metre-high digital television tower on Lot 2 DP 826717, being the Tura Beach reservoir site (Attachment 2):

1. That Council agree to RBA Holdings Pty Ltd constructing a digital television tower at its Tura Beach reservoir site subject to negotiation of a suitable commercial lease based on market rates principles, obligations on lessee to maintain tower and operations to CASA requirements, Council operational needs and Occupational Health and Safety considerations, and a suitable development application.

2. That Council authorise the General Manager to execute the required documents.

RBA was subsequently granted development consent (DA 2012.97) for the erection of a 50-metre-high digital television broadcast repeater facility and a 5 + 5-year lease was formalised. This lease expires on 22 May 2022.

A formal market rental valuation was obtained from Opteon Valuers on 22 February 2012, which outlined that an annual market rental of $12,500 plus GST could be obtained for the portion of Lot 2 DP 826717 being occupied for telecommunication purposes. At the time the lease was established RBA was provided with a 40% rebate off market rent as a non-profit, community television broadcaster and commenced with a starting rental of $7,500 per annum plus GST. This amount has been indexed annually by CPI, with a current rental payable of $9,712.46 per annum.

Under the terms of the lease agreement between Council and RBA co-location on the site by additional commercial broadcasters is permitted with the written approval of Council to ensure transmission equipment will not interfere with Council telemetry located on the nearby water reservoir. Any co-location will result in a rental increase of $2,500 (plus GST) per annum plus any applicable CPI increases after the first year of the lease, pro-rata from the date that an additional commercial broadcaster commences occupation of the site. To date, Council has not received written approval from RBA agreeing or otherwise to the proposed co-location. This will be required prior to progressing with the proposal from the NSW Telco Authority.

In addition to the proposed co-location on the RBA tower, an expansion of the existing lease area and compound to the east, as shown on the lease plan (Attachment 3), is being proposed to install an equipment shelter. This requires expansion of the asset protection zone and some tree removal, so Council’s planning officers have requested a flora and fauna assessment be undertaken with consideration to the relevant provisions of the Biodiversity Conservation Act 2016.

As outlined in the attached documentation, the proposal is part of the NSW-wide CCEP to deliver an enhanced government radio network to improve emergency and day-to-day operational communications for a wide range of agencies including law enforcement, public safety and essential services by providing reliable emergency radio communication to the area. The planning pathway for this proposal (as with all proposals as part of the CCEP) will be development without consent under clause 114(1) of State Environmental Planning Policy (Infrastructure) 2007.

As the proposed co-location of equipment does not increase the height of the existing RBA tower above the approved height limit of 53 meters, Council officers have provided written confirmation that the proposal will not adversely affect the existing Obstacle Limitation Surface for Merimbula Airport.

Options

The options available to Council are:

1. Accept the recommendation provided by Council officers to grant tenure to the NSW Telco Authority for occupation of part Lot 2 DP 826717 and resolve accordingly.

2. Maintain vacant possession of Lot 2 DP 826717 for Council purposes. Noting the land is already burdened by the existing telecommunication lease to RBA and the proposed lease area is only 30m² as shown in Attachment 3. The powers and immunities under the Telecommunications Act 1997 and the Telecommunications Code of Practice 2018 should also be noted.

Community Engagement

Consultation undertaken

Council officers have had ongoing conversations with the NSW Telco Authority and its representative, Visionstream Australia Pty Ltd, regarding the proposal. RBA has also been consulted and Council officers have advised written approval to the proposed co-location is required before progressing further.

Consultation planned

In the case of a lease with a term exceeding five years, the proposal must be advertised inviting submissions and/or objections to the proposal.

Financial and resource considerations

For all Council-owned properties, a market rental valuation shall be applicable. Council officers have conducted a request for quotation process and engaged Opteon Valuers to prepare a market rental valuation for the lease which Visionstream has agreed to fund. All commercial leases are reviewed at market value upon expiration of each term of the agreement. The lessee will also be responsible for payment of the costs of Council or its solicitors in relation to the preparation of the lease. Such costs shall include all work completed in addition to the initial preparation of the document should amendments be required, or further negotiations necessitated.

Council officer time has been required to consult with the NSW Telco Authority and its representative, Visionstream, as well as the existing lessee RBA regarding the requirement for a new lease agreement. Ongoing management of the lease during the term will also need Council officer resources as required.

Legal /Policy

Lot 2 DP 826717 is Council-owned Operational land zoned SP2 Infrastructure under the Bega Valley Local Environmental Plan 2013.

A lease enables exclusive use over the land for a specified term and purpose. A lease is considered the best form of agreement if longer-term security of tenure is an important factor to the user of the land, such as where commercial uses are proposed and major financial outlay is required, which is the case for this proposal.

Where only part of the land is to be leased and the term exceeds three years (including options), "subdivision" of the title may be required. Any lease exceeding three years should be registered on title.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Risk

It has been determined by Council officers that there are no adverse risks in allowing the land to be occupied by the NSW Telco Authority as proposed as long as the use is authorised by way of a formal lease agreement which contains appropriate indemnity and insurance clauses.

Attachments

1 ⇩. NSW Telco Authority - Critical communications enhancement program information

2 ⇩. Council report dated 28 February 2012 - Proposed digital television tower at Tura Beach reservoir site

3 ⇩. NSW Telco Authority - Proposed lease and feature plan Lot 2 DP 826717

Council 28 October 2020

Item 11.5

11.5. Narira Village Complex

The management of Narira Village Complex in Cobargo was recently assigned from Sapphire Coast Tenancy Scheme to Southern Cross Housing until expiry of the Property Management Agreement on 31 October 2020. As current management arrangements are due to expire a resolution is being sought for the ongoing management of the facility.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council provide formal notice for a period of three months to NSW Land and Housing Corporation of its intention to divest its share of Lot 2 DP 1027919, being Narira Village Complex in Cobargo, to NSW Land and Housing Corporation, for the amount of $278,000 as determined by the Valuer General in July 2019, which includes registration of a Restrictive Covenant that the land only be used for community housing purposes.

3. Should NSW Land and Housing Corporation not accept Council’s offer to purchase its share of Lot 2 DP 1027919, Council appoint a suitably qualified Real Estate Agent by competitive quotation process to represent Council’s interests in divesting Lot 2 DP 1027919 by public auction or private treaty to an accredited community housing provider, which includes registration of a Restrictive Covenant that the land only be used for community housing purposes.

4. That, if a Real Estate Agent is appointed, Council delegate authority to the General Manager to enter into a suitable Agency Agreement with the successful Real Estate Agent upon completion of the competitive quotation process for the marketing, sale negotiation and transactional settlement for the above-mentioned land parcel.

5. That Council’s legal fees to finalise this matter be funded from the proceeds of sale.

6. That Council hold the reserve balance of $108,632.78 for future community housing initiatives in the Shire and transfer the balance of $42,238.72 for the ongoing operation/maintenance and renewal of the Narira facility to NSW Land and Housing Corporation or another accredited community housing provider that purchases Council’s share in the property.

7. That Council authorise its official seal to be affixed to the contract documents under the signature of the Mayor and General Manager.

Executive Summary

The current management arrangements for the Narira Village Complex (Narira) in Cobargo are due to expire on 31 October 2020 and, due to legal requirements relating to the provision of community housing in NSW and the lack of staff resourcing required to oversee the management of such a facility, it is being recommended that Council divest its share in the facility to NSW Land and Housing Corporation (LHC) in accordance with the Deed of Agreement between the parties.

Background

Council resolved at its Ordinary Meeting of 27 November 2019, when considering the proposed assignment of the Property Management Agreement (PMA) for from Sapphire Coast Tenancy Scheme (SCTS) to Southern Cross Housing (SCH) (Attachment 1):

1. That Council approve assignment of the Property Management Agreement for Narira Village Complex from Sapphire Coast Tenancy Scheme to Southern Cross Housing from 1 December 2019 to 31 October 2020.

2. That the Mayor and/or General Manager be authorised to execute the necessary documentation.

Following the resolution of Council, officers prepared the necessary documentation for execution by SCH to enable it to take over the remaining term under the PMA until its expiry on 31 October 2020. To date SCH has not returned the executed PMA to Council.

As existing arrangements are due to expire on 31 October 2020, Council officers have undertaken a review of the management arrangements and provide the following background to this matter for the information of Councillors:

· Narira was originally constructed in 1980 and consisted of eight self-contained units funded by Council contribution, local donations and a subsidy from the Department of Social Security in the following manner:

o Council – $80,000 (2 x $40,000 loans);

o Donations – $19,155;

o Subsidy – $104,800.

· In January 1992 Council requested consideration for financial assistance to construct an additional four units and submitted a formal application to the LHC under its Community Housing Program for funding. Funding in the amount of $70,000 was awarded for the project, with the provision that Council and the LHC become tenants in common in shares equivalent to their respective contribution as follows:

o NSW Land and Housing Corporation - 70,000/429,467; and

o Council – 359,467/429,467.

· Council resolved at its Ordinary Meeting of 8 February 1994 to proceed with the purchase of land and boundary adjustment for the extension of Narira. This was finalised on 17 October 1994 and created Lot 420 DP 841066.

· Council resolved at its Ordinary Meeting of 27 June 1995 to award the construction tender for the erection of a further two units; and as mentioned above as part of the funding application Council committed to pursue a tenant in common ownership arrangement with LHC which was also finalised under this resolution of Council.

· A formal Deed of Agreement was executed between Council and LHC on 11 August 1995, which required LHC to grant a lease to Council of its share in the property.

· A formal lease of Lot 420 DP 841066 for the period of 11 February 1996 to 10 February 2006 was executed between LHC and Council. Council is still in occupation of the property, and there does not appear to be a new lease. The lease is therefore on holdover and can be terminated with one month’s written notice from either party.

· A Council resolution dated 24 February 1998 dealt with the purchase of additional land for $35,000 with the committee being granted an interest free loan in the amount of $17,500 that was repaid over two years. Council received the certificate of title for the amalgamated land, being Lot 2 DP 1027919, on 28 September 2001.

· Council carried out an expression of interest (EOI) process for the management of Narira, with a report being presented to Council on 2 February 2010 nominating SCTS as preferred applicant.

· The agreement between Council and SCTS was finalised in consultation with the committee and reported to Council for adoption in June 2011. Negotiations were quite drawn out due to the complex nature of delivering community housing, ensuring the management arrangements were workable for both SCTS and Council, and that both the interests of the committee and the tenants were considered.

Community housing providers are required to undertake an accreditation process to ensure that a minimum standard of housing and housing management systems are in place. This is a very involved and lengthy process whereby different levels of regulatory monitoring apply to providers based on the scale and scope of their community housing activities.

Registration in any tier is therefore determined by an organisation’s level of risk due to the scale and scope of its activities. To be registered in a particular tier, an entity must:

· Meet the incorporation requirements for the particular tier;

· Demonstrate it meets the evidence requirements for the particular tier;

· Demonstrate that if it has affiliated entity arrangements it maintains control over activities and decisions that impact on its compliance with legislation.

Community housing providers are required to be registered under the National Regulatory System for community housing and comply with the National Regulatory Code (NRC). The NSW Registrar of Community Housing administers these requirements in NSW under the Community Housing Providers (Adoption of National Law) Act 2012 (CHPANL Act).

Council currently has no systems in place to provide this service and it would take a considerable amount of staff time and resources to bring the management of Narira in line with the NRC. Council would also have the ongoing responsibility for the management of the facility and the tenants if it were to directly manage the facility.

Council can continue to hand over management of the facility to an accredited community housing provider that is set up to manage community housing stock, asset management, tenancy issues and to implement the requirements of the NRC following a formal EOI process as it has done over past years; however, this still has resource implications for Council officers to set up and oversee to ensure all aspects of the management are compliant and the community and tenants expectations are being met.

Alternatively, Council could dispose of its interest in the property to LHC or an accredited community housing provider. The Deed between Council and LHC provides that if Council wishes to sell its share, it must offer it to LHC at market value. In accordance with the Deed, the offer to purchase must remain open for three months after receipt of the notice or until such time as the offer is formally declined. The purchase price would be a portion of the current market value for the property equivalent to the portion of the title held by LHC. The Deed states that the market value of the property can be determined by the Valuer General (VG) or a valuer mutually agreed by the parties. The most recent VG determination for the property dated 1 July 2019 is $278,000.

If LHC does not accept Council’s offer to purchase the property within three months, Council may offer the property for sale on the open market for auction or private treaty. A divestment of the property would contribute to improving and streamlining Council’s asset management approach and would provide a resolution to the current issue Council faces with ensuring the facility is adequality managed for the benefit of the community as community housing.

If Council resolves to proceed with a further PMA for the facility following a transparent EOI process, any PMA Council enters into with an accredited community housing provider will be subject to the lease between Council and LHC. LHC has recommended the following two options to address the holding over lease currently in place:

· LHC update its leasing arrangements with Council for LHC’s share in the property. Council then enter into a PMA/Lease with an accredited community housing provider (for Council’s interests in the property) and a sublease (for LHC’s interests in the property); or

· Council and LHC enter into a lease jointly with an accredited community housing provider.

Options

The options available to Council are:

1. Divest itself of the facility. Noting the process for a joint owners’ disposal of interests in the property as set out in the Deed between Council and LHC, which provides that if one party wishes to sell its share, it must offer it to the other party at market value. This is the recommended option.

2. Conduct a formal EOI process for the management of the Narira Village Complex in Cobargo.

3. Directly manage the Narira Village Complex in Cobargo. Noting the requirements associated with the operation of community housing, Council’s inadequate accreditation to provide community housing in accordance with National Law, staff resources and risks associated with direct management of the facility.

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

Community Engagement

Consultation undertaken

Following the Resolution of Council on 27 November 2019, Council officers prepared the necessary documentation for execution by SCH to enable it to take over the remaining term under the PMA until its expiry on 31 October 2020. However, to date SCH has not returned the executed PMA to Council. Council officers have followed up with SCH and have been in contact regarding various maintenance issues at the property following the bushfires but to date have not been able to formalise the PMA, which is now due to expire.

Council officers also contacted LHC regarding historical and existing arrangement for the facility to provide the level of background detailed in this report. Council officers have not discussed the staff recommendation to divest of its share in the facility to LHC as no formal actions may be commenced in the disposal of land until a report has been considered by Council and an appropriate resolution adopted.

Consultation planned

Council officers will continue to consult with LHC, SCH and legal representatives to action the resolution of Council.

Financial and resource considerations

There is no financial burden on Council, other than the responsibilities as owners of the property, as there is a reserve currently held by Council for Narira of $108,632.78 for this purpose. These funds were accumulated over time by the Section 355 Committee up to June 2011. Following the 27 November 2019 resolution SCTS transferred the balance of funds held in the Narira Trust account to Council. In addition, SCTS had accumulated $42,238.72 for the ongoing operation/maintenance and renewal of the facility, which was also transferred to Council.

If Council was to dispose of its interests in the property, a decision regarding these funds would need to be made and the options available to Council are:

1. Hold the reserve balance of $108,632.78 and $42,238.72 for future community housing initiatives in the Shire.

2. Hold the reserve balance of $108,632.78 for future community housing initiatives in the Shire and transfer the balance of the $42,238.72 for the ongoing operation/maintenance and renewal of the Narira facility to LHC or another accredited community housing provider that purchases Council’s share in the property.

3. Transfer the reserve balance of $108,632.78 and $42,238.72 to LHC or another accredited community housing provider that purchases Council’s share in the property.

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

Council does not currently have the resources to directly manage the facility at Narira. As previously outlined in this report, the management of units of community housing is highly regulated and providers are required to go through a regular and vigorous accreditation process.

The liaison and oversight of the management agreement with an accredited provider, should Council maintain ownership of the facility under a suitable management agreement with an accredited provider, would put additional workload on staff already at capacity.

Legal /Policy

There are liability risks associated with the operation of community housing, particularly relating to the duty of care towards tenants. Council needs to ensure it can adhere to the legislative requirements for the management of the facility. Social housing providers are required to manage tenancies in accordance with the Residential Tenancies Act 2010.

The Registrar of Community Housing holds office under section 10 of the CHPANL Act and is responsible for administering the National Regulatory System for Community Housing (NRSCH) in NSW.

Under the Local Government Act 1993 (LG Act), there is no constraint on Council’s ability to sell or otherwise dispose of land classified as Operational land. Section 377(1)(h) of the LG Act requires a specific resolution of Council to dispose of any land. Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a matter, by resolution of the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Addressing the housing needs of the Bega Valley community is a key focus for Council and it has an adopted Community Strategic Plan, Local Strategic Planning Statement and Residential Land Strategy with the following goals and priorities:

1. Community Strategic Plan

Goal 6: We are leaders in sustainable living and support innovative approaches to resource recovery and the production of renewable energy and food.

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

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

2. Local Strategic Planning Statement

Housing: Residential areas provide a range of housing styles, sizes and tenures that suit people of all ages, income levels and household sizes and enable communities to stay connected and healthy as people move through the various stages in life.

3. Residential Land Strategy:

Increase diversity of housing.

Risk

There are legal, financial, safety and reputational risks associated with the operation of a community housing project, particularly relating to the duty of care towards tenants. At present Council is exposed to these risks. Council needs to ensure that legislative obligations are correctly applied and management for the facility complies with the NRC.

Attachments

1 ⇩. Council report dated 27 November 2019 regarding transfer of management for Narira Village Complex

Council 28 October 2020

Item 11.6

11.6. Merimbula Skatepark - Proposed Location

The existing skatepark at Berrambool Sporting Complex is no longer at a satisfactory standard to meet community expectation. Community consultation on a proposed location for a new skatepark location has been undertaken and the outcomes are being presented to Council.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the information in the report and attachments, including responses and feedback received from the community consultation process.

2. That Council recognise that there are differing views in the community and acknowledge that a site needs to be selected.

3. That Council endorse the site at Ford Park as the preferred site for a new skatepark in Merimbula.

4. That Council officers thank those that provided input through the consultation process for their contribution.

Executive Summary

The existing skatepark in Merimbula is currently situated at the Berrambool Sporting Complex and is due for renewal. Whilst this work could be undertaken at the current location, there is an opportunity for Council to engage with the community on alternative locations. The location of facilities is an important aspect in how well they are used and their ongoing management. When determining sites, it is important to consider the available space, links to other recreational facilities, amenities, parking, transport, accessibility, visibility and neighbouring uses.

Once a preferred site has been identified and adopted by Council, Council staff will work with the community to develop concept plans to provide a suitable, fit for purpose skatepark to be enjoyed by both the local community as well as visitors to our Shire.

There have been differing views expressed in the community relating to the location of a new skatepark in Merimbula. This report presents to Council the feedback gained through the community consultation period and recommends Ford Park as the preferred site.

Background

Following the community’s desire to upgrade the skatepark at Berrambool, two community project proposals were submitted to Council for a proposed skatepark in Merimbula:

· In October 2018, a new skate park and youth space was proposed by a community group for Ford Park, Merimbula. This proposal was considered by Council at its, 12 December 2018 meeting. Council resolved:

“That Council note that the proposal for the Merimbula Skate Park and Youth Space at Ford Park Merimbula is a major project; and that it be deferred for consideration at a later date subject to; a community project group being formed; consultation with local residents and Council officers; assessment of siting options; assessment of funding and project delivery options; and development of concept” plans.

· In July 2019, Pambula/Merimbula Lions submitted a proposal to upgrade the existing skatepark facility at Berrambool Sporting Complex. This proposal was considered by Council on 28 August 2019. Council resolved:

“That the proposal for alterations and additions to the Berrambool Sporting Complex Skatepark be deferred and considered in conjunction with the other Merimbula Skatepark project noting the existing community project proposal being worked through by the Sapphire Coast Skate Committee.”

Merimbula Rotary also addressed Councillors on 12 December 2018 when the matter of a skatepark for Merimbula came before Council.

Council has indicated support of a skatepark upgrade because the existing skatepark at Berrambool Sporting Complex is in disrepair, fails to drain following rainfall events and does not cater for the needs of skate and scooter riders of all levels of experience.

Determining a location for the project is the first step. Once a site is adopted by Council, staff will work with a Community Advisory Group to identify funding sources to develop concept plans for the skatepark noting there is not a current budget allocation for this work. The project will be reliant on external funding sources and the concept plans will then be used in applications to source funding.

Following Council’s 12 December 2018 resolution, community meetings were arranged and held to discuss the project. These were administered by the group that went on to become the Sapphire Coast Skatepark Association (SCSA). The meetings included representatives from several community organisations. Council staff attended the initial meeting on 26 March 2019.

Two documents have since been submitted by the SCSA to Council. An initial document was provided in August 2019, with a further document submitted in May 2020. Both documents are informative and have been included as Attachments 6 and 7 of this report. They identify and discuss different elements and issues that are important to consider when selecting a site for a skatepark. They establish site selection criteria and assess sites against those criteria.

The criteria include:

· Physical site conditions and technical considerations

· Access/transport

· Natural surveillance, security and safety

· Proximity to amenities (water, toilets, shade, food & drink)

· Impact on existing facilities, adjoining uses and users

· Distance from housing & incompatible land use

· Event space opportunities (multiplicity of use)

· Maintenance issues

· Context and amenity

Options

Three site options were put forward during the community consultation process.

1. Berrambool Skatepark, Berrambool

2. Spencer Park, Merimbula

3. Ford Park, Merimbula

The reason these three sites were put forward with community consultation was based on an asset management approach, as well as the submission presented by the SCSA in its report dated August 2019 (refer to Attachment 7).

Through the consultation process there was one suggestion of locating the skatepark at the north-eastern end of the Merimbula airport near the Merimbula boat ramp on Arthur Kaine Drive.

The reasons this site was not included as an option in the consultation were:

· Other uses – the area is well suited to other uses such as carparking for the boat ramp. There is high traffic movement.

· The lack of other related recreational opportunities at the site (e.g. playground)

· Proximity to the airport – this was deemed not a suitable site in terms of safety and amenity

Considered collectively, these are the reasons a site near the Merimbula boat ramp was not included as an option in the consultation.

Recommended option

There has been a good level of engagement from the community in regard to the preferred location of the Merimbula skatepark.

All site options presented in the community consultation are considered potentially suitable. When considering the attributes of the three sites included in the consultation, the reasons stated above for not including the Boat Ramp location site in the consultation and all feedback received, the result is in favour of development at Ford Park, Merimbula.

Ford Park, Merimbula is the more resolved in terms of access to existing related facilities and assets (playground, courts, BBQs, public toilets), the site is well suited to apply the ‘Everyone Can Play’ guidelines, there is high levels of general surveillance and the consultation feedback presented high levels of community support.

Community Engagement

Consultation undertaken by Council

Council’s priority is to engage with the broader community to gather feedback on a preferred location for a skatepark for Merimbula.

A Communications and Engagement Plan was prepared for this proposed consultation, with Councillors informed of its development and the need to undertake this community consultation. A multi-faceted approach to engaging and communicating with key stakeholders and the broader community was undertaken during the consultation process.

Methods to provide feedback were:

· Online survey poll and comments through Bega Valley Shire Council’s (BVSC) ‘Have Your Say’

· Written submissions received via email at skatepark@begavalley.nsw.gov.au

· Facebook comments

In total, 506 votes were received on the ‘Have your Say’ page, 19 comments received via Council’s ‘Have Your Say’ website, 75 comments via Council Facebook page and 10 email submissions, with some containing letters and other attachments. This feedback is provided in Attachments 1-4).

A survey was undertaken asking the community what sort of skatepark they would like to see developed in Merimbula. This survey received 144 responses. The results of this survey (Attachment 5) will help Council in the concept design phase of the proposed skatepark upgrade.

The opportunity to comment was promoted through social media, with a Facebook post on 24 August 2020 informing the community of the ‘Have your Say’ page reaching 12,312 people. Of this reach, 223 then went on to visit the ‘Have your Say’ page. This Facebook post contributed 75 comments and 23 shares.

The comments provided on Facebook can be viewed at https://www.facebook.com/begavalleyshirecouncil/posts/2986303584829556

The above figures represent good engagement across the community. It is noted there is scope within the differing means of providing feedback for duplicate submissions.

Community Advisory Group

Formation of a Community Advisory Group (CAG) is planned, and will be established after the location of the skatepark has been determined. An advisory group (or reference group) is an important avenue for communicating with key stakeholders during the designing, planning and delivery of these pieces of infrastructure. It is proposed that the CAG will comprise members of the community representing the skatepark sector, business and tourism, youth sector, and a representative from Council’s Access Inclusion and Advisory Committee (AIAC).

Consultation planned

Once a decision has been reached regarding the skatepark location and the project progresses into concept design, there will be further opportunity for the community to have input into skatepark themes and priorities for key elements and activities. It is noted there may also be differing opinions expressed during this process.

While the consultation feedback is an important part of the design process, it will be important for there to be an understanding that the skatepark designer (to be selected from an open request for quote process) will apply their experience and design knowledge to deliver a balanced and inclusive skatepark. It is expected the CAG will play a key role in this process. The concept plan will assist Council to secure external funding for the delivery of this recreational asset.

Council consideration of input

Council is requested to formally consider the community feedback gained through consultation period as attached and select a site for the proposed skatepark upgrade.

Following site selection, a Request for Quote (RFQ) will be advertised requesting proposals from suitably qualified skatepark designers to develop concept plans for the project based on site requirements, consultation feedback and an estimated project budget.

Financial and resource considerations

It is important to note that Council does not currently have a budget to design and construct an upgraded skatepark. Funding is available to develop a concept design to assist with funding submissions for this proposed upgrade. Those concept designs will be used to support future external funding applications.

Legal /Policy

The three sites proposed for the skatepark upgrade are detailed below:

Site	Lot/DP	Land status
Berrambool Sportsground	Lot 7/ DP 260899	Council owned land
Ford Park, Merimbula	Lot 7006 / DP 1020051	Council managed Crown Land
Spencer Park, Merimbula	Lot 49 / DP 750227	Council managed Crown Land

All sites are zoned RE1 Public Recreation under Bega Valley Local Environment Plan 2013 (BVLEP 2013).

Regulations regarding development of recreation facilities are often addressed under Division 12 of State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP).

The upgrade of the skatepark is regarded as development permitted without consent under clause 65 of the Infrastructure SEPP.

It should be noted that should either the Ford Park or Spencer Park sites be selected Native Title assessments would need to be undertaken to assess any potential Native Title impacts.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Community Strategic 2040 goals are:

Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Goal 12: Our Council is financially sustainable, and services and facilities meet community need.

The 2020/21 Operational Plan directs Council staff to “progress with concept planning and funding options for the Merimbula skatepark project”.

Council has an adopted Recreation Asset Management Plan 2017. This Plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans.

The existing skatepark at Berrambool Sportsground is included in the adopted Recreation Asset Management Plan. It does not meet user needs and is due for renewal. It has been identified there is a gap in provision of a ‘regional’ or ‘district’ skatepark in Merimbula.

The project is directly related to renewal and upgrade of an existing asset and this will see the upgraded asset being very well used and provide good value to the community in terms of both initial capital cost (to be grant funded) and ongoing operational costs. Council will decommission the existing Berrambool skatepark once the proposed upgrade is funded and its delivery is underway.

Economic

The proposed development of an upgraded skatepark in Merimbula can benefit local businesses and tourism more broadly by adding another upgraded recreation facility at Merimbula. Considered design can also see the project link directly to the ‘accessible and inclusive tourism market’ in terms of use and spectating.

Risk

As noted above there has been differing view and opinions raised in the community on the preferred location of the Merimbula Skatepark project. There is a risk those in the community that preferred an alternate site to that selected will push back and seek mechanisms to have the decision of Council reviewed or overturned, which could cause delays in the project moving forward. Additionally, there is a risk that the community will expect the project will be delivered in a short period of time noting there is no identified funding source for its delivery.

Social / Cultural

There will be opportunity through the design development of the project to include reference to cultural heritage.

Attachments

1 ⇩. Have your Say Poll Results

2 ⇩. Have your Say Comments

3 ⇩. Email Submissions

4 ⇩. Letter Submissions

5 ⇩. Have your Say - Survey Results

6 ⇩. Skatepark Association - May 2020 Submission

7 ⇩. Skatepark Association - Aug 2019 Submission

Council 28 October 2020

Item 11.7

11.7. RFT 2021- 42 Towamba and Burragate Road Upgrade

This report details the evaluation outcome of Request for Tender 2021-42 for the Towamba - Burragate Road Upgrade.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with [to be inserted] for RFT 2021-42 Towamba - Burragate Road Upgrade, with a view to entering into contracts in relation to the subject matter of the tenders as per Clause 178(3)(e).

3. That Council delegate to the General Manager authority to enter contract negotiations with [to be inserted] to obtain an acceptable offer for the delivery of the Towamba - Burragate Road Upgrade.

4. That should contract negotiations prove to be unsuccessful; Council delegate to the General Manager authority to enter contract negotiations with the other Tenderers to obtain an acceptable offer for the delivery of the Towamba - Burragate Road Upgrade.

5. That Council delegate to the General Manager authority to execute all necessary contract documentation.

6. That Council note the current project budget and available project contingency to deliver the project.

7. That Council officers advise all tenderers of Council’s decision.

Executive Summary

In March 2019 Council received a one-off purpose grant of $10 million from the NSW Government for safety upgrades on Towamba and Burragate Roads. GHD Pty Ltd was commissioned by Council to provide project management, site investigation and design services for the Project.

The site investigations and detailed design for the Project were undertaken. The preliminary budget estimate, based on these site investigations and design work, however, exceeded the available funding by approximately $3 million.

Extensive value management of the design, scope and budget was undertaken, as well as peer review by Transport for NSW (TfNSW), in attempts to bring the budget estimate within the available funding, however reduction of scope, or obtain additional funding, were the only viable courses of action, without compromising on design standards, safety or whole of life costs.

The full scope of the project proceeded to public tender, the results of which are contained in the confidential memorandum provided in Attachment 1. The tender was structured so that the scope of works could be reduced to match the available funding.

Background

Towamba and Burragate roads total 47.4km in length, of which 25km is unsealed (20.4km on Towamba Road and 4.6km on Burragate Road).

Both the Towamba and Burragate communities have been advocating to Council for many years to seal the entire length of the Towamba and Burragate roads. The cost of the work to undertake this project exceeded the ability for Council to fund it and the community was advised that external NSW or Federal funding would be required for the works to proceed.

The community advocated that Council actively seek NSW Government funding to seal the road and several grants were submitted via the NSW Government’s Fixing Country Roads funding stream in 2017 and 2018, which were unsuccessful.

In March 2019 Council received a one-off purpose grant of $10 million from the NSW Government for safety upgrades on Towamba and Burragate roads.

Council sought the services of external project managers and designers via Local Government Procurement (LGP) via a Request for Quotation process. GHD Pty Ltd was subsequently commissioned to provide project management, site investigation and design services.

The project funding stipulated that the upgrade was to include road sealing, pavement stabilisation, new guardrails and drainage works, improve the safety and drivability, and meet minimum standards for rural roads, as specified in the current AUSTROADS design standards

During the site investigation and preliminary design phase it became apparent that meeting these stipulations would have budgetary impacts, due to the site terrain, topography and narrow road corridor, making it difficult to meet all project outcomes.

Extensive value management of the design, scope and budget was undertaken by Council and GHD, as well as peer review by TfNSW, in order to achieve the project objectives and seal the entire unsealed sections of Towamba and Burragate roads, within the available funding, whilst not comprising on the safety, drivability and asset life.

It should be noted that community expectation is that the primary outcome of the project is that all the unsealed sections of the Towamba and Burragate roads will be sealed, however this alone would not meet the requirements of the Funding Deed. Experience has shown that simply sealing the road invariably results in many drivers driving faster, and therefore safety and design standards are a paramount requirement of the upgrade project.

The full scope of the project proceeded to public tender, the results of which are contained in Attachment 1. The tender was structured so that the scope of works could be reduced to match the available funding, if necessary.

Tender

Request for Tender (Construction) RFT 2021 – Towamba & Burragate Road Upgrade was released for public tender via Vender Panel on 14 September 2020.

A mandatory tender briefing was conducted at Towamba Hall on 23 September 2020. Tenderers conducted site inspection of the route and scope of works at this time. The tender briefing was attended by six contractors.

The RFT closed at 12 noon on 7 October 2020, and submissions were received via Vender Panel from the following:

· Dale & Hitchcok Pty Ltd

· RD Miller Pty Ltd

· Symal Infrastructure Pty Ltd

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

Community Engagement

Consultation undertaken

The communities of Towamba and Burragate have been advised on the project’s progress on a monthly basis through a “communications update” provided for inclusion in the “Towamba Times” community newsletter. The project is also included in Council’s Major Projects web page and updated monthly. This will continue for the duration of the works.

Consultation planned

The Contractor to be engaged for the works is required to produce a Community Communications and Liaison Plan addressing how impacts (e.g. noise, dust, access, delay) on people and property are to be minimised, and the wider community informed of significant events, extent, anticipated impacts, progress and upcoming activities of the Contract works.

Council consideration of input

The award of the contract for the works, as a result of a Public Tender process, will be by resolution of Council.

Financial and resource considerations

The project is 100% funded by a one-off purpose grant of $10 million from the NSW Government.

Funding source		Amount
Transport for NSW	$	10,000,000

Legal /Policy

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

Under the TfNSW Funding Agreement the design standards and scope of works for the upgrade works are specified in the current AUSTROADS design standards.

This requirement is the major reason for the budget challenges, given the topographical challenges these roads present, and the resultant costs to meet these design standards.

The design standards adopted have been as a result of value management workshops, with TfNSW input and advice.

No further reduction of the adopted design standards is possible as the road would not meet AUSROADS design standards, would compromise safety, increase whole of life costs and reduce the asset life.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The sealing of the Towamba and Burragate roads aligns with the Community Strategic Plan, Outcome 5: Connected Communities:

‘Goal 10: We have a network of good quality roads, footpaths and cycleways connecting communities throughout the Shire and beyond ‘

And is a key deliverable in the Operational Plan 2020-21 - Delivery of the sealing of Towamba and Burragate roads.

Environmental / Sustainability

A Review of Environmental Factors (REF) has been undertaken by GHD Pty Ltd. The key environmental issues identified that may potentially result from the project are soil and water impacts within the Towamba River catchment, and roadside hazard (tree) removal in order to meet AUSTROADS clear zone requirements.

All environmental and sustainability requirements are described in the Tender / Contract documentation, and in the design and specification package. The Contractor is also required to produce an Environmental Management Plan, which will be monitored by Council and GHD project staff.

Risk

The project development process includes two formal risk assessment workshops – the first during the design process, focussing principally on design, scope and budget risks, and the second prior to construction, focusing on delivery risks during construction.

Safety in design and risk assessment are ongoing considerations throughout the design and delivery of the project. Risk assessment includes, in addition to safety, all project risks such as environment, budget, program and public relations.

Social / Cultural

The Towamba and Burragate communities have been requesting the sealing of this road for more than 20 years. They are highly supportive of this project as it will enable all weather access from these outlying villages to the larger commercial hubs of Eden, Bombala and Pambula.

There are currently 121 property addresses on Towamba and Burragate roads; and the roads are part of a school bus route for students travelling to Eden and Pambula for secondary schooling.

Unsealed sections of the Towamba and Burragate roads constrain general and freight transport movements due to poor surface condition.

Attachments

1. Confidential Attachment Report RFT 2021-42 Towamba and Burragate Road 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 28 October 2020

Item 12.1

12.1. Final Report of the NSW Bushfire Inquiry

This report summarises the internal actions taken by management and staff based on the NSW Bushfire Inquiry’s 76 recommendations, as well as those identified through Council’s own internal after-action reviews, to better equip Council to prepare for, respond to and recover from future bushfires.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Receive and note the recommendations of the NSW Bushfire Inquiry, dated 31 July 2020.

2. Note the breadth of the Inquiry’s Terms of Reference and acknowledge that Local Government is a key stakeholder with many other agencies.

3. On review of the recommendations, considers 28 of the recommendations to have an impact on Bega Valley Shire Council’s role in response to any future bushfire events.

4. Appropriately engage with other lead agencies who will progress recommendations outside of the remit of Council to better understand implications for our communities.

5. Acknowledge the work of staff to better equip Council for future natural disasters.

6. Confirm support for the initiatives Council has a role in delivering, as a result of the NSW Government’s in-principle acceptance of the Bushfire Inquiry’s recommendations.

Executive Summary

In January 2020 the NSW Premier announced the establishment of an Inquiry to examine the 2019-20 bushfire season, with the aim of providing input to NSW Government ahead of the next bushfire season.

This Inquiry was undertaken by independent experts (Dave Owens APM, former Deputy Commissioner of NSW Police, and Professor Mary O’Kane AC, Independent Planning Commission Chair and former NSW Chief Scientist and Engineer), with the objectives of understanding what happened during the 2019-20 bushfire season and why it was different to other seasons, and to make recommendations for future improvements to how NSW plans, prepares and responds to bushfires. A copy of the final report is available here:

https://www.dpc.nsw.gov.au/assets/dpc-nsw-gov-au/publications/NSW-Bushfire-Inquiry-1630/Final-Report-of-the-NSW-Bushfire-Inquiry.pdf

As a council significantly impacted by natural disasters, Bega Valley Shire Council has a keen interest in the findings and recommendations of the Inquiry. Council officers have reviewed the Inquiry’s recommendations, and identified those recommendations in which Council has a role.

Background

The Final Report of the NSW Bushfire Inquiry identified 76 recommendations to ensure that, when large scale bushfires occur, there is less damage to property and the environment, and reduction in the loss of life. Specifically, the 2019-20 bushfire season challenged conventional assumptions about how key agencies respond to or support a large-scale, long-term series of bushfires.

There are some key themes that are prevalent in the recommendations, these include the following:

· Spatial technology

· Research and development, especially relating to Bushfire Data

· Bushfire risk mitigation

· Training

· Bushfire response resources (including air assets, training, communications and funding)

· Public messaging, bush fire risk information and communications resilience

· Hazard reduction

· Legislative and policy reform

· Evacuation management

· Environmental and cultural heritage

· Health (physical and mental)

· Strategic planning

· Preparedness of the community, industry and government

· Cooperation at all levels (e.g. communities working together with State and local government agencies towards a greater level of bushfire preparedness as well as strengthening cross-border arrangements)

Overall, most of the recommendations are aimed at higher levels within Federal and State jurisdictions; however, some key areas where Council may be involved include:

· Fleet management (especially heavy plant)

· Hazard reduction and land management (through local bushfire management committees)

· Legislative mandated roles and tasking, namely for the LEMO (Local Emergency Management Officer)

· Cross agency cooperation (via the Emergency Operations Centre)

· Evacuation (as delegated to the Local Emergency Management Committee)

In addition to these identified areas for Local Government, BVSC may also have a role to play with regard to:

· Spatial data and mapping at a local level

· Risk mitigation based on local knowledge

· Environment and heritage planning and coordination

· Support to the local tourism industry

BVSC Internal Actions

Prior to the release of the Final Report of the NSW Bushfire Inquiry, Council officers conducted an After Action Review (AAR) of Council’s response to the Black Summer bushfires and identified opportunities for improvement. Some examples of identified internal controls are to:

· Examine ways to be able to tap into communication systems used by combat agency

· Investigate sources and undertake recognised LEMO training

· Identify and more clearly articulate Council’s role in providing mapping information to combat and support agencies

· Identify suitable program (road portal) that can be used in emergencies, so people know where to go in remote areas

· Define Asset Protection Zones (APZs) – including stakeholder liaison, approvals and initial design, especially as it relates to key operational assets such as pump stations, reservoirs, telemetry and the like

· Establish a system to assign, track, and record tasking

Some of these recommendations identified by staff are aligned with recommendations made by the Inquiry. This alignment is identified in Attachment 1.

Options

Council officers, with input from Resilience NSW via the Canberra Region Joint Organisation have identified a role for Council in 28 of the Inquiry’s 76 recommendations.

It is proposed that Council endorse the identified recommendations (Attachment 1) in which Council has an identified role, noting that acting on some of these recommendations will require Council investment in time, people and budget.

Council may identify that there are other recommendations in which Council should have a role or that Council should not have a role in one or more of the recommendations identified by staff.

Community Engagement

Council has a limited role in emergency response and support, due to factors such as legislated duty; however, where appropriate, Council engages with the community in relation to supporting combat agencies with natural disaster messaging, preparation and response.

Financial and resource considerations

Where possible Council officers will attempt to identify external funding or existing budgets to undertake the recommendations to improve bushfire management identified in Attachment 1.

Legal /Policy

There are no specific legal or policy considerations for Council associated with enacting appropriate natural disaster preparedness and response measures identified in Attachment 1. Council does, however, have an obligation to meet any duty of care obligations associated with the actions it takes.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

At a strategic level, improvements which help Council better prepare for and respond to natural disasters has links to the following goals which are defined in Councils CSP:

· Goal 7: Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live. In this instance the focus is on improving public and staff safety.

· Goal 11: We are an informed and engaged community with a transparent, consultative and responsive Council. Once again, the delivery of this CSP goal is linked to the outcomes of the Bushfire Inquiry recommendations as Council will be able to demonstrate civic leadership in the way we proactively implement natural disaster resilience improvements.

Environmental / Sustainability

There are no apparent adverse environmental sustainability impacts associated with developing actions for Council based on the Bushfire Inquiry’s recommendations. Some of the recommendations made in the report will address environmental sustainability issues, with recommendations aimed at facilitating cultural burning and streamlining processes for vegetation management.

Economic

There are no apparent adverse economic impacts associated with developing actions for Council based on the Bushire Inquiry’s recommendations. There is potential for many of the higher-level recommendations to help boost resilience to natural disasters in the tourism and agriculture industries, which will benefit local operators.

Risk

Council’s internal AAR actions have been generated using a risk-based approach, based on due diligence and best practice considerations.

Social / Cultural

There are no apparent adverse social / cultural impacts associated with developing actions for Council based on the Bushfire Inquiry’s recommendations.

Attachments

1 ⇩. Final Report of the NSW Bushfire Inquiry - recommendations impacting local government

Council 28 October 2020

Item 13.1

13.1. August Certificate of Investment

This report details Council’s investments as at the end of August 2020.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position as at 31 August 2020.

2. That Council note the certification by the Responsible Accounting Officer.

Executive Summary

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

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

Background

Under the legislation and regulations mentioned below, 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. During August the Responsible Accounting Officer was focused on end of financial year audit tasks and was unable to complete the report to meet the September Council meeting deadline.

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in June 2010, monthly Investments Reports are attached to the Council investment report. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council meeting agenda for the relevant meeting.

Financial and resource considerations

The attached reports indicate a current investment portfolio of $80,019,319 at 31 August 2020. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	June 2020	July 2020	August 2020
General Fund	18,277	18,040	20,862
Water Fund	23,636	23,456	20,806
Sewer Fund	40,863	40,445	38,351
TOTAL	82,776	81,941	80,019

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

As at 31 August 2020, BVSC’s available cash balance was $5,698,081 and the investment balance was $80,019,319. The investments are broken up as follows:

· TCorpIM Cash Fund - $31,390,611

· TCorpIM Strategic Cash Fund – $48,628,708

With respect to the Funds’ monthly distributions, the custodian calculates the Fund earnings at month end and then pays a distribution based on these earnings. Distributions are paid to investors by way of the issue of additional units.

Legal /Policy

Section 625 of the LG Act 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 most recent Ministerial Order of Investment was published on 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2005 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 published under 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

Environmental / Sustainability

TCorp has provided BVSC with its Investment Stewardship Policy (attached to the report to Council on 31 January 2018).

In order to deliver the best long-term risk adjusted returns for clients, TCorp integrates environmental, social and governance (ESG) factors into the investment processes of the appointed investment managers. TCorp will evaluate the ESG policies and practices of its investment managers as part of the manager selection process, as well as during periodic manager reviews.

Attachments

1 ⇩. Certificate of Investment - TCorp Cash Fund

2 ⇩. Certificate of Investment - TCorp Strategic Cash Fund

Council 28 October 2020

Item 13.2

13.2. September Certificate of Investment

This report details Council’s investments as at the end of September 2020.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the attached reports indicating Council’s investment position as at 30 September 2020.

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

Executive Summary

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

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

Background

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in June 2010, the monthly Investments Reports are attached to the Council investment report. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council meeting agenda for the relevant meeting.

Financial and resource considerations

The attached report indicates a current investment portfolio of $80,058,908 at 30 September 2020. These funds can be broken into the following Funds:

Table 1: Investments by Fund $’000
Fund	July 2020	August 2020	September 2020
General Fund	18,040	20,862	18,551
Water Fund	23,456	20,806	21,359
Sewer Fund	40,445	38,351	40,148
TOTAL	81,941	80,019	80,058

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

As at 30 September 2020, BVSC’s available cash balance was $7,741,404 and the investment balance was $80,058,908. The investments are broken up as follows:

· TCorpIM Cash Fund - $31,401,625

· TCorpIM Strategic Cash Fund – $48,657,283

Legal /Policy

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 published under 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

Environmental / Sustainability

TCorp has provided BVSC with their Investment Stewardship Policy (attached to the report to Council report on 31 January 2018).

Council’s investment policy is scheduled to be discussed with Councillors at the Finance briefing in September.

Attachments

1 ⇩. Certificate of Investment - TCorp Strategic Cash Fund September 2020

2 ⇩. Certificate of Investment - TCorp Cash Fund September 2020

Council 28 October 2020

Item 17.1

17.1. Cr Dodds - Tathra to Kalaru Shared Path Project

Questions on Notice

At the Council meeting of 14 October 2020, Cr Dodds raised two questions on notice regarding the Tathra to Kalaru Shared Path project.

Item 18.4 Shared Path – Kalaru – Referred to as “bike” path

Councillor Dodds asked about the shared path at Kalaru, following community concern it is being referred to as a “bike” path, and indicating some Council signage refers to it as such.

Councillor Dodds asked about the installation of dog waste bags at each end of the shared path.

Item 18.5 Shared Path - Kalaru - Heritage findings

Councillor Dodds asked about recent heritage findings at Kalaru and requested Councillors be provided with an update on what has been unearthed and what processes it has triggered.

Mr McMahon provided a response during the meeting that the path has always been referred to as a shared path and that all types of pedestrian users will be able to use the path. Signage will be reviewed; however, it is unlikely signage would exclude any type of pedestrian use.

Mr McMahon took the questions on notice to provide a more detailed response.

Director Assets and Operations

Staff Response

On 22 September 2017 Council received $3 million in funding under the NSW Government’s Active Transport Program for the design and construction of a 4.6km shared path between Tathra and Kalaru.

The Shared Path is currently under construction with the Evans Hill section connecting Tathra and Kalaru underway. Prior to the heritage find the project was due for completion in early November 2020.

Shared Path Status

The project that has been funded by the NSW State Government is described as ‘Design and construct 4.6km bike track between Tathra and Kalaru’ it has been designed and constructed with reference to AUSTROADS – Guide to Road Design Part 6A: Pedestrian and Cyclist Path.

The path has been designed for all active transport users as a shared path. A shared path is where pedestrians and cyclists share the same path space.

Dog Walking Considerations

The installation of dog waste bags can be installed along the shared path as part of the project; however, this would also necessitate the provision of bins and bin stands, with the initial install coming at a relatively low cost.

The provision of dog waste bags will also come with ongoing operational costs, which would include the resources for the regular supply and restocking of bags and a scheduled emptying of bins. Currently these have not been budgeted for in the ongoing operational costs of the shared path moving forward.

Heritage Findings

During the construction of the shared path section at the base of Evans Hill (approximately opposite the intersection of Strathmore Crescent) some brick foundations were uncovered.

This find was reported to NSW Heritage and, upon its advice, works were ceased in the immediate area to allow for further investigations to determine the heritage significance of the area.

A local archeologist was engaged by Council and a preliminary assessment of significance undertaken, which involved further historical research into the find and the land in which it is located.

The outcome of the research was that there are oral history references, from Isabel McGovern - part of the McGovern family who were brickmakers in the area, to brickmaking and camping in the vicinity of the find.

The archaeologist has evaluated the brick remains and notes there is a possibility that the bricks are remnants of a brickmaking operation (e.g. remnants of a brick kiln or a brick drying area).

As such, the advice from Heritage NSW is that a Section 140 Excavation Permit will be necessary in order to clean up the site in a controlled manner and more fully assess the potential heritage significance of the find.

Once in place, the Section 140 permit will enable the contractors to assist with the necessary earthworks to further clean up and record the brick feature, as well as any necessary salvage excavation to enable completion of path construction.

Typical timelines for registering, processing and assessing a Section 140 permit application are between three to six weeks. As such, it is anticipated that the archaeological monitoring, any necessary salvage, and completion of the path construction should be able to go ahead in December 2020.

Attachments

Nil

Council	28 October 2020
*Item 11.4 - Attachment 1*	NSW Telco Authority - Critical communications enhancement program information

Council	28 October 2020
*Item 11.4 - Attachment 2*	Council report dated 28 February 2012 - Proposed digital television tower at Tura Beach reservoir site

Council	28 October 2020
*Item 11.4 - Attachment 3*	NSW Telco Authority - Proposed lease and feature plan Lot 2 DP 826717

Council	28 October 2020
*Item 11.5 - Attachment 1*	Council report dated 27 November 2019 regarding transfer of management for Narira Village Complex

Council	28 October 2020
*Item 11.6 - Attachment 1*	Have your Say Poll Results

Council	28 October 2020
*Item 11.6 - Attachment 2*	Have your Say Comments

Council	28 October 2020
*Item 11.6 - Attachment 3*	Email Submissions

Council	28 October 2020
*Item 11.6 - Attachment 4*	Letter Submissions

Council	28 October 2020
*Item 11.6 - Attachment 5*	Have your Say - Survey Results

Council	28 October 2020
*Item 11.6 - Attachment 6*	Skatepark Association - May 2020 Submission

Council	28 October 2020
*Item 11.6 - Attachment 7*	Skatepark Association - Aug 2019 Submission

Council	28 October 2020
*Item 12.1 - Attachment 1*	Final Report of the NSW Bushfire Inquiry - recommendations impacting local government

Council	28 October 2020
*Item 13.1 - Attachment 1*	Certificate of Investment - TCorp Cash Fund

Council	28 October 2020
*Item 13.1 - Attachment 2*	Certificate of Investment - TCorp Strategic Cash Fund

Council	28 October 2020
*Item 13.2 - Attachment 1*	Certificate of Investment - TCorp Strategic Cash Fund September 2020

Council	28 October 2020
*Item 13.2 - Attachment 2*	Certificate of Investment - TCorp Cash Fund September 2020

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

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

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Planning and Environment

9 Staff Reports – Community, Culture and Leisure

10 Staff Reports –Economic Development and Business Growth

11 Staff Reports – Infrastructure Waste and Water

12 Staff Reports – Governance and Strategy

13 Staff Reports – Finance

14 Councillor Reports

15 Rescission/alteration Motions

16 Notices of Motion

17 Questions with Notice

18 Questions without Notice

19 Confidential Business

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

Statement of Re-Commencement of Live Streaming

20 Noting of Resolutions from Closed Session

21 Declassification of reports considered previously in Closed Session

6.1. Support for Land Based Services at Snug Cove, Eden

Motion

Background

Attachments

Council

28 October 2020

Staff Reports – Economic Develoment and Business Growth

28 October 2020

Council

28 October 2020

Staff Reports – Infrastructure Waste And Water

28 October 2020

11.1. Classification of land at Tanja

Officer’s Recommendation

Attachments

Council

28 October 2020

Staff Reports – Governance And Strategy

28 October 2020

Staff Reports – Finance

28 October 2020

17.1. Cr Dodds - Tathra to Kalaru Shared Path Project

Questions on Notice

Staff Response

Attachments

17.2. Cr Bain - FOGO Compost Screening

Question on Notice

Staff Response

Attachments