Ordinary

          Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on Wednesday, 20 April 2022 commencing at 2:00pm to consider and resolve on the matters set out in the attached Agenda.

 

 

 

To:

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

 

Copy:

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Events, Ms Skye Owen

Minute Secretary, Mrs Jackie Grant

 

 

 

 


Live Streaming of Council Meetings

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

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

Publishing of Agendas And Minutes

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

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

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

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

Agency advice     

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

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

http://www.olg.nsw.gov.au/

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 

Disclosure of pecuniary interests / non-pecuniary interests

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

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

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

Item no & subject

 

Pecuniary Interest

 

   In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.

Significant Non-pecuniary conflict of interest

   – In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.

Non-pecuniary conflict of interest

   In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.

Nature of interest

Be specific and include information such as :

·         The names of any person or organization with which you have a relationship

·         The nature of your relationship with the person or organization

·         The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you  consider that conflict does not require further action in the circumstances

Print Name

 

I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.

Signed

 

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


Council

20 April 2022

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 16 March 2022 as circulated, be taken as read and confirmed.

3       Declarations

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

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

 

5       Petitions

 

6       Mayoral Minutes

  

7       Urgent Business

 

8       Staff Reports – Community, Environment and Planning

8.1                Manufactured Housing Estate and 21 lot subdivision for lease purposes, Village Street, Cobargo.......................................................................................................................................................... 9

8.2                Policy 4.15 Use of Public Land (Local Approvals)..................................................................... 96

8.3                Bega Valley Shire Contaminated Land Policy.......................................................................... 149

8.4                Proposal to Establish Alcohol-free Zone and Alcohol-prohibited Area, Gipps and Bega Streets, Bega..................................................................................................................................................... 169

8.5                Planning Proposal for Market Street, Merimbula.................................................................. 173

 

9       Staff Reports – Assets and Operations

9.1                Community Hall Committee Nominations.............................................................................. 269

9.2                Contract for Management & Operation BVSC Seasonal Swimming Pools - Bega & Cobargo......... 275

9.3                Bega Valley Local Traffic Committee........................................................................................ 281

9.4                Merimbula Boardwalk and Foreshore Path Concept Design............................................... 371

9.5                EOI 2122-043 - Kiah & Wandella Community Hall Design.................................................... 409

9.6                IPART Review of Domestic Waste Management Charges.................................................... 438

 

10     Staff Reports – Business and Governance

10.1              Certificate of Investment February 2022................................................................................. 480

10.2              Certificate of Investment March 2022..................................................................................... 486

10.3              Policy review schedule................................................................................................................ 492

10.4              Payment of Councillor Superannuation................................................................................... 503

10.5              Review of Council's Code of Meeting Practice....................................................................... 507

10.6              Policy 6.24 Disposal of Assets (Other than Land & Buildings)............................................. 547

10.7              Disclosures Of Interest by Councillors following 2021 Local Government Election........ 556

10.8              Australian Local Government Association (ALGA) 2022 National General Assembly..... 559

 

11     Councillor Reports

11.1              Country Mayors Association general and executive meetings............................................ 582

 

12     Rescission/Alteration Motions

 

13     Notices of Motion

13.1              Strengthening the ban on Shark Fishing at Tathra Wharf.................................................... 598

 

14     Questions with Notice

14.1              Cr Porter - Surf Lifesaving Services........................................................................................... 601

 

15     Questions without Notice

15.1              Cr Nadin - Update on plans to rehabilitate former Eden Sewage Treatment site........... 661

15.2              Cr Robin - Cannery Wharf, Cattle Bay Road, Eden................................................................. 662

15.3              Cr Wright - Expanding business FOGO to those businesses that don't have kerbside collection   667

 

16     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public........................... 668

              

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

Statement of Re-Commencement of Live Streaming

17     Noting of Resolutions from Closed Session

18     Declassification of reports considered previously in Closed Session 


Council

20 April 2022

 

 

Staff Reports – Community, Environment and Planning

 

20 April 2022

 

8.1              Manufactured Housing Estate and 21 lot subdivision for lease purposes, Village Street, Cobargo................................................................................................................. 9

8.2              Policy 4.15 Use of Public Land (Local Approvals)................................................ 96

8.3              Bega Valley Shire Contaminated Land Policy.................................................... 149

8.4              Proposal to Establish Alcohol-free Zone and Alcohol-prohibited Area, Gipps and Bega Streets, Bega...................................................................................................... 169

8.5              Planning Proposal for Market Street, Merimbula............................................. 173


Council 20 April 2022

Item 8.1

 

8.1. 2020.323 Manufactured Housing Estate and 21 lot subdivision for lease purposes, Village Street, Cobargo       

 

Director Community Environment and Planning   

Applicant

Darren Klowers Investments Pty Ltd / Garret Barry Planning Services

Owner

Darren Klowers Investments Pty Ltd

Site

Lot 5 DP 1027919 , 7 – 11 Village Street, COBARGO

Zone

RU5 Village

Site area

1.17 Hectares

Proposed development

Manufactured Housing Estate and 21 lot subdivision for lease purposes

Precis

Development consent is sought for a Manufactured Housing Estate on a 1.17 ha vacant site at 7 – 11 Village Street Cobargo, abutting Village Street and Narira Creek on the southern side of Cobargo. Twenty one (21) dwelling sites in 3 stages are proposed. All sites are to be subdivided for leasing purposes under Section 23H of the Conveyancing Act 1919.

The application is reported to Council for determination given the strong community interest raising a number of matters of planning merit.

Officer’s Recommendation

1.            That Development Application 2020.323 for a Manufactured Housing Estate and 21 lot subdivision for lease purposes at Lot 5 DP 1027919, 7-11 Village Street, Cobargo be approved subject to conditions contained with Attachment 1 to this report.

2.            That those parties who made submissions be advised of Council’s decision.

Executive Summary

The proposal for a Manufactured Housing Estate in Cobargo has attracted considerable community interest.

The application was widely notified to adjoining and nearby residents. At the close of the first notification period, 29 objections, including one petition objecting to the proposal (with 191 signatures), were received. The key concerns raised related to the perceived social and behavioural problems that the development could generate, traffic entering onto the Princes Highway, potential increased pollution into Narira Creek, visual impact and the potential loss of character of Cobargo as a low-density village.  

Further information was received from the Applicant in mid-April 2021 at the request of assessing officers. A second notification period was undertaken. Six (6) objections and one submission of support were received.

Council officers have conducted an assessment against the Matters for Consideration under the Environmental Planning and Assessment Act 1979 and conclude that, subject to conditions, the proposal has merit and is a suitable use of the land. The proposal also aligns with the strategic direction regarding increasing housing diversity within the Bega Valley Shire.

Description of Proposed Development

A Manufactured Housing Estate is proposed on a vacant site abutting Village Street and Narira Creek on the southern side of Cobargo. Twenty one (21) dwelling sites, in 3 stages, are proposed. All sites are to be subdivided under Section 23H of the Conveyancing Act 1919 (noting that leases cannot exceed 20 years). Civil works are proposed to be carried out in a staged manner. Common open areas with basic recreational facilities are also proposed.  Dwellings will be one to three bedroom and include:

•     a small garden shed for storage

•     a single carport with a connecting driveway

•     pathways to the home

•     a decked outdoor (patio) area and front porch area.

Site development will involve a 20-year land lease agreement with residents. Some homes will be constructed and rented out by the developer.

Two examples of the manufactured home product to be offered by the Applicant are shown below for illustrative purposes only.

Figure 1 – site layout

Refer to Attachment 2 – Development Plans

Planning Assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act), as detailed in the Assessment Report (Attachment 3). An assessment against the provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (Attachment 4) and State Environmental Planning Policy (Housing) 2021 – specifically Part 8 (Attachment 5) have also be undertaken.

In evaluating the development proposal, the consent authority is required to turn its mind to the Matters for Consideration specified by Section 4.15 of the EP&A Act.

Those matters are:

      (a)  the provisions of—

                (i)  any environmental planning instrument, and

                (ii)  any proposed instrument that is or has been the subject of public consultation                              under this Act and that has been notified to the consent authority (unless the Planning                  Secretary has notified the consent authority that the making of the proposed                                            instrument has been deferred indefinitely or has not been approved), and

                (iii)  any development control plan, and

                (iiia) any planning agreement that has been entered into under section 7.4, or any draft                   planning agreement that a developer has offered to enter into under section 7.4, and

                (iv)  the regulations (to the extent that they prescribe matters for the purposes of this                       paragraph),

                (v) (Repealed)

        that apply to the land to which the development application relates,

        (b)  the likely impacts of that development, including environmental impacts on both the         natural and built environments, and social and economic impacts in the locality,

        (c)  the suitability of the site for the development,

        (d)  any submissions made in accordance with this Act or the regulations,

        (e)  the public interest.

The Assessment Report (Attachment 3) assesses and details those matters for Council’s consideration.

Bega Valley Local Environmental Plan 2013

The development has been assessed in accordance with the Bega Valley Local Environmental Plan 2013 (BVLEP 2013). The land is zoned RU5 Village (see Figure 2).

The objectives of the RU5 Village zone are:

·    To provide for a range of land uses, services and facilities that are associated with a rural village.

·    To ensure that development maintains and protects the village character.

Response to Objective 1 – To provide for a range of land uses, services and facilities that are associated with a rural village.

The Manufactured Housing Estate (MHE) will provide an increase in the supply of housing in Cobargo. Manufactured Home Estates are an ‘innominate use’, however they are often closely associated with the definition of ‘caravan parks’ which are defined in BVLEP 2013. This close association is confirmed by Clause 6 of State Environmental Planning Policy (Housing) 2021:

 

‘where development for the purposes of a manufactured home estate may be carried out - Development for the purposes of a manufactured home estate may be carried out pursuant to this Policy on any land on which development for the purposes of a caravan park may be carried out’.

 

Response to Objective 2 – To ensure that development maintains and protects the village character.

The proposed MHE is a distinctly different character to the low-density housing which predominates in Cobargo however it is noted there are a range of other village uses such vehicle repair premises, small scale retail uses, rural supply outlets and petrol stations.  

The character of the development is different in that the materials are not bricks or weatherboard construction, and all dwellings are manufactured off-site from composite materials. Dwellings are considerably smaller in footprint than some dwellings in Cobargo.   There are no internal fences between dwellings or ‘backyards and front yards’.  There are designated community facilities and open space areas proposed such as playgrounds and BBQ’s.

The proposed development is considered to be consistent with the objectives of the zone.

Figure 2 – Zoning map extract BVLEP 2013

 

Assessment Matters

All relevant assessment matters are noted in the Section 4.15 Assessment Report provided at Attachment 3.

Setbacks

The proposed development complies with the requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 with the exception of a proposed variation to the setback provisions of Clause 18. 

Clause 18 specified all dwellings with a manufactured housing estate must be a least 10 metres from a public road (being Village Street). All sites comply with the exception of Site 21. 

Clause 18(2) of the regulation allows Council to accept a lesser setback if appropriate screening, fencing or landscaping is in place. The variation proposed is considered to be minor and of negligible impact on the streetscape character and amenity of the precinct and therefore strict compliance with the development control would be considered unreasonable and unnecessary in the circumstances of the case.

Visual Impact

The visual impact of a denser settlement pattern is offset by the nature of the topography, the tall native vegetation stands along Narira Creek bed and buildings such as the Cobargo Hotel. 

These three elements effectively screen the development from the visually important heritage conservation area of Cobargo and the Princes Highway.  

It is acknowledged that properties immediately adjacent to and opposite the site (and when viewed from Narira Street to the north across Narira Creek) will be impacted visually by this development.

These visual characteristics are offset by:

a)    the pressing need for more variety of housing types in Cobargo (this was a need prior to the Black Summer bushfires and has been accentuated since due to the loss of some local housing)

b)    the requirement for rural type open fencing and the planting of large scale trees along the boundaries prior to the first dwelling being placed on the site, which will assist in ameliorating the visual impact.

Options

Council has the option to:

1.    Approve the application as per the staff recommendation and in accordance with the conditions of consent identified in Attachment 1.

2.    Defer determination of the application and request a separate report from staff to the next practicable meeting providing Council with an amended set of conditions. Councillors would need to identify the conditions to be modified and the grounds for amending the conditions.

3.    Defer determination of the application and request a separate report from staff to the next practicable meeting advising Council of matters under Section 4.15 of the EP&A Act, if any, that would enable consideration to be given by Council to the refusal of the proposal under DA 2020.323, including reasons for refusal in the event that Council ultimately determines to refuse the Application.

Community and Stakeholder Engagement

Engagement undertaken

Notification was undertaken in accordance with Council’s Community Participation Plan. This involved individual notification of adjoining and adjacent owners with all relevant information available on Council’s DA Tracker.

The first notification period was from 9 to 20 November 2020. This attracted 26 written objections plus 2 late objections. In addition, one petition objecting to the proposal was received with 191 signatories.

The second notification period was required after significant further information was received by Council officers on 15 April 2021. This notification period was from 13 May to 3 June 2021.  Six written objections and one submission of support were received. There were no additional petitions.

The key issues raised in submissions are summarised below. A complete summary list is provided at Attachment 6.

Concerns regarding increased density in Cobargo

The proposed MHE is of a distinctly different density to the low-density housing which prevails in Cobargo however caravan parks and manufactured housing estates are permissible with consent. 

The density does not contravene LG Regulation 2005 prescribed in Division 3 which requires a minimum 1ha land size for an MHE. The proposed estate size is at least 1 hectare (Lot 5 is 1.2 Ha in area), all dwelling sites are at least 130m2, no more than one dwelling per site is proposed and all setbacks comply with the exception of one (being a 10m setback of a dwelling from a public road).

Visual impact on semi-rural character of this area of Cobargo

 

The visual impact of a denser settlement pattern is offset by the nature of the topography, the tall native vegetation stands along Narira Creek bed and buildings such as the Cobargo Hotel. 

These three elements effectively screen the development from the visually important heritage conservation area of Cobargo and the Princes Highway.  

It is acknowledged that properties immediately adjacent to and opposite the site (and when viewed from Narira Street to the north across Narira Creek) will be impacted visually by this development.

These visual characteristics are offset by:

a)    the pressing need for more variety of housing types in Cobargo (this was a need prior to the December 2019 bushfire event which has accentuated this need due the loss of a significant number of dwellings in the immediate district)

b)    the requirement for rural type open fencing and the planting of large scale trees along the boundaries prior to the first dwelling being placed on the site, which will assist in ameliorating the visual impact.

A detailed landscaping and fencing plan, to be approved by Council prior to works commencing, would form a condition of consent should the development be approved.

Increase in traffic movements will cause traffic congestion and lead to accidents

Concern was raised regarding the potential for traffic impacts upon the 3-way intersection near the Princes Highway (with Bega and Village Streets). The Statement of Environmental Effects details that there will be one vehicular space per dwelling. It has been assessed that there would be between 5-10 vehicle trips per day per dwelling equating to 100-200 vehicles per day for the entire site. There are no traffic counts for the surrounding Council roads so the proposal has been assessed on merit. The dwelling catchment for the surrounding roads is approximately 50 dwellings. There is also the existing Cobargo Hotel in the immediate catchment. 

Given that the intersection with the Princes Highway is within a 50km/hr speed area and sight distance is satisfactory, no intersection upgrading works are deemed necessary.

Development will lead to increase in socially undesirable behaviour

Concern was raised suggesting anti-social behaviour would surface due to the nature of development.

Manufactured housing estates are not considered to be disruptive to the social fabric of communities, including Cobargo, for the following reasons:

·    the use is residential

·    there are no licenced premises proposed on the site

·    there are no gaming machines proposed on the site

·    there are no entertainment facilities proposed on the site.

 

It is acknowledged that the site is in very close proximity to the Cobargo Hotel. This is a licenced premise with a small number of gaming machines. There is no evidence to indicate that socially disruptive behaviour will be exacerbated.

Council’s Community Development and Engagement Coordinator has reviewed the application and offered no objection.

Development will increase pollution and likelihood of erosion of Narira Creek

 

Concern was raised that the potential for environmental impact upon the creek from stormwater and human activities would be unacceptable. The main concerns relate to increased run-off, increased turbidity and increased erosion of the banks of Narira Creek. 

The applicant submits that ‘road water is contained in roadside table drains and flows to on-site detention basins. Roof stormwater flows to rainwater tanks, overflow attenuated and then discharges overland.’

Council’s Development Engineers initially had concerns regarding the stormwater treatment of overland flows from the development and highlighted the following matters with the Applicant:

 

·    On-site detention of stormwater is not a priority for this site, considering its proximity to the receiving waters.

·    The on-site detention concept should be changed to something that incorporates water sensitive urban design, such as a bioretention basin or other suitable treatment option.  The basin can be used both during the construction stage and during the ongoing operation of the site.

·    The roof stormwater and overflow from the rainwater tanks must be better conveyed and directed. Originally it was shown to flow directly across neighbouring sites and also into the neighbouring lot to the south. 

·    Discharging attenuated stormwater flow across a neighbouring boundary would not be allowed. A series of swales or similar along the southern extent could capture the stormwater and direct it to the basins on-site.

The Applicant responded appropriately to these concerns and on 6 October 2021 submitted a revised and upgraded stormwater concept plan which is considered acceptable by assessing staff. Figures 3 and 4 below provide additional information regarding the location of suitable treatments in this regard.

 

Figure 3 - Northern Detention Basin and discharge pipe to Narira Creek

 

Figure 4 - Southern Detention Basin and discharge pipe to rivulet to Narira Creek

 

In addition, the Natural Resources Authority Regulator (NRAR) has placed conditions as part their General Terms of Approval. NRAR require the following to be included as part of any future Controlled Activity Approval:

1.               Vegetation management plans

2.               Detailed structure of the stormwater detention basin

3.               Erosion and sediment control plans

4.               Stormwater management plans

 

In summary, it is considered that the amenity concerns raised can be addressed through the conditions of consent (or in the case of concerns of anti-social behaviour through existing licencing laws and regulations). 

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake this function is included in Council’s adopted 2021-22 Budget.

Legal/Policy

Refusal of the Development Application could be subject to an appeal in the Land and Environment Court, which would have cost impacts to defend Council’s position.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The plans are consistent with the goals outlined in the Community Strategic Plan 2040 and in particular Goals 7 and 8:

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

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

Directions 24 and 45 of the South East and Tablelands Regional Plan 2036:

·    Direction 24: Deliver greater housing supply and choice

·    Direction 25: Focus housing growth in locations that maximise infrastructure and services

Residential Land Strategy 2020

The application aligns with the Residential Land Strategy April 2020. Off-setting this ‘change in character’ is the pressing need for more housing diversity, particularly in small villages such as Cobargo. Bega Valley Shire Council has adopted ‘residential land development principles’ contained in the Residential Land Strategy April 2020. It is considered that the manufactured housing estate strongly supports the following three principles, without contradicting any of the other principles.

Increase diversity of housing

A diverse range of housing options helps people better meet their housing needs. A lack of diverse housing, particularly of smaller dwellings and dwellings suited to older people and people with disability, impacts on the affordability of housing and reduces opportunities for people to live close to the services and facilities they need. Well-planned increases in housing density when undertaken with local communities helps to garner the support needed for increasing housing diversity.

Reinforce existing commercial centres and promote access to shops and services

The continued viability of commercial centres has important flow-on benefits for the communities that depend on services, employment and economic growth. The expansion of lower density residential development beyond existing areas can trigger demand for additional commercial centres and undermine the viability of existing centres.

Promote efficient use and provision of infrastructure

As the costs of servicing land and construction in the Bega Valley Shire are relatively high, promoting development that is well integrated with available infrastructure within existing urban areas can help reduce overall costs and support the efficient use of infrastructure.

Environment and Climate Change

All relevant environmental impacts have been assessed through the relevant policies and legislation applying to Manufactured Housing Estates. BASIX standards are not applicable to manufactured homes/caravan parks. The environmental impact (mostly upon Narira Creek) is considered to be acceptable by way of the creation of landscaped sedimentation basins prior to discharge into Narira Creek. Septic systems are no longer in use in Cobargo and these 21 dwellings will be connected to the pressure sewer system which has adequate capacity.

Flood planning

Figure 5 provides an indication of the 1 in 100 year flood level and highest recorded gauge level over 53 year record.

Figure 5 Flood line map

 

 

 

Figure 6 Lots impacted by flooding

 

Dwelling Sites 7, 8, 14 and 15 are flood affected but are able to accommodate a dwelling with a floor level above 500mm of the 1% annual recurrence interval.

It is considered that habitable floor levels can be set to minimise risk to persons and property in the event of flooding events. The proposal is considered to meet the objectives of clause 5.21 in the LEP below.

(a)  to minimise the flood risk to life and property associated with the use of land,

(b)  to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,

(c)  to avoid adverse or cumulative impacts on flood behaviour and the environment,

(d)  to enable the safe occupation and efficient evacuation of people in the event of a flood.

Biodiversity considerations

The applicant submitted a Biodiversity Assessment Report Path Pty Ltd dated 24 May 2020.

Council staff accept the conclusions of the Biodiversity Assessment Report and no additional targeted conditions regarding biodiversity are considered warranted.

Boundary Treatment / Landscaping

Council received a landscape concept plan, prepared by RedBox Design Group on 15 April 2021 which shows appropriate landscaping concepts. Plant species have been outlined in the updated Statement of Environmental Effects, 5 April 2021. A more detailed landscape and fencing plan would be required as a condition of consent. In addition, only open rural style fencing would be considered an acceptable visual outcome in this part of Cobargo. The Applicant states that ‘the fence will be white in colour, 1.2m in height and a post and rail style. The material will be a timber or PVC design.’

 

Figure 7 – Concept Landscape Plan

 

Economic

The service, retail and hospitality sections of the local village economy may derive a marginal benefit from an increase in spending from the anticipated increase of residents in Cobargo.

It is considered that the proposed development would be a positive contribution to the economy of the Cobargo area.

Risk

The assessment of development is a core function of Council. There would be no material impact on Council’s operations or assets associated with the proposed development.

All relevant development risks have been considered in the assessment of the proposal, as detailed in this report and the supporting attachments.

Social/Cultural

It is considered that the benefits of more affordable housing options in Cobargo have a positive social/cultural impact on the community by way of increased economic and social activity. 

Attachments

1.         Draft Notice of Determination

2.         Development Plans

3.         Assessment Report - Section 4.15 Matters for Consideration

4.         Local Government Regulation compliance assessment

5.         State Environmental Planning Policy compliance assessment

6.         Summary of Submissions

 


Council

20 April 2022

Item 8.1 - Attachment 1

Draft Notice of Determination

 

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Council

20 April 2022

Item 8.1 - Attachment 2

Development Plans

 

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Council

20 April 2022

Item 8.1 - Attachment 3

Assessment Report - Section 4.15 Matters for Consideration

 

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Council

20 April 2022

Item 8.1 - Attachment 4

Local Government Regulation compliance assessment

 

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Council

20 April 2022

Item 8.1 - Attachment 5

State Environmental Planning Policy compliance assessment

 

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Council

20 April 2022

Item 8.1 - Attachment 6

Summary of Submissions

 

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Council 20 April 2022

Item 8.2

 

8.2.  Policy 4.15 Use of Public Land (Local Approvals)     

This report seeks a resolution of Council to adopt the Use of Public Land (Local Approvals) Policy following exhibition of a draft version of the Policy.

Director Community Environment and Planning  

Officer’s Recommendation

That Council adopt the Use of Public Land (Local Approvals) Policy (Attachment 1), as amended following public exhibition.

 

Executive Summary

The exhibition of the draft Use of Public Land (Local Approvals) Policy has been completed. Council officers recommend minor amendments to address issues that have been raised with Council following the exhibition period. These minor amendments provide further clarity in the Policy.

Background

The draft Use of Public Land (Local Approvals) Policy was reported to the Council meeting held on 10 March 2021 with the following recommendation:

        1.    That Council resolves to publicly exhibit the draft Use of Public Land (Local Approvals) Policy for a period of not less than 42 days.

        2.    That Council officers prepare a further report to Council following public exhibition that provides a final version of the Policy and proposed complimentary amendments to Bega Valley Local Environmental Plan 2013.

Council resolved the following:

1.    That Council resolve to publicly exhibit the draft Use of Public Land (Local Approvals)  Policy with an amendment to remove reference to ‘Appendix 1 Use of Council Road Reserve Guideline’ in a number of pages of the draft Policy, for a period of not less than 42 days.

2.    That Council officers prepare a further report to Council following public exhibition that provides a final version of the Policy and proposed complimentary amendments to Bega Valley Local Environmental Plan 2013.

The following amendments to the draft Policy are recommended, and shown tracked in Attachment 1:

1.    The inclusion of Work undertaken by Bega Valley Shire Council in accordance with the State Environmental Planning Policy (Infrastructure) 2007 or other planning approval as an exempt activity under the Policy.

2.    The inclusion of the storage of dinghies and small watercraft on foreshore land as an exempt activity under the Policy.

3.    The inclusion of Type ‘A’ or ‘B’ Hoardings and Waste Skip Bins as activities that require approval under the Policy. These activities currently require approval under the existing Policy and were unintendedly omitted in the draft.

4.    Deletion of Appendix 1. It is proposed that only one fee would apply to the use of the footpath area in each designated town or village with no core/fringe area. This will require an amendment to Council’s adopted Fees and Charges which will occur when the draft Fees and Charges 2022-23 are reported to Council.

5.    Clarifying activities that are exempt from payment of fees under the Policy as follows:

Community service organisations undertaking activities with the primary purpose of   community building shall be exempt from fees. A Public Use of Land approval is required for relevant activities as described in this Policy.

Council has received several requests for waiver of fees for activities being carried out by community and not-for-profit groups. The current Policy is not clear on eligibility for fee exemption and the decision is currently at the discretion of the CEO. The amendment proposed clarifies where a fee exemption will apply and provides transparency in the decision-making process.

6.    There are other minor amendments recommended to wording and inclusion of definitions relation to Community Service Organisations and Community Building for clarity purposes.

Options

Options available to Council are to:

1.    Support the recommendation and adopt the Policy as exhibited subject to the amendments recommended in this report

2.    Adopt the Policy as exhibited with no amendments.

3.    Make further amendments to the Policy.  Councillors would need to advise of proposed changes.

4.    Not adopt a Local Approvals Policy. This is not recommended as it would place an increased regulatory burden on those seeking to use Council land.

Community and Stakeholder Engagement

Engagement undertaken

In accordance with the Council resolution of 10 March 2021 the draft Policy was placed on public exhibition for 42 days. The Chambers of Commerce were individually notified and invited to make a submission.

No submissions were received during the exhibition period.

Engagement planned

No further community engagement is planned; however, relevant workflows relating to Council’s assessment process will be updated to reflect changes to the current process.

Financial and Resource Considerations

The adoption of the Policy will require Council to assess and issue Use of Public Land Approvals for various activities identified in the Policy. There is a Use of Public Land Officer dedicated to assessing the applications and Council has adopted fees and charges to offset on-going costs. Costs to exhibit the draft Policy are included in Council’s adopted 2021-22 Budget.

 

 

Item

$ Excl GST

Expenditure Detail

 

Exhibition of draft policy (general fund)

                                                                                                $500.00

Total Expenditure

$500.00

Legal /Policy

The Use of Public Land (Local Approvals) Policy relates to Section 68 of the Local Government Act 1993.  The Policy is informed by requirements of the Roads Act 1993, Roads Transport Act 2013, Food Act 2003, Crown Land Management Act 2016, Work Health and Safety Act 2011, Bega Valley Local Environmental Plan 2013 and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Policy is consistent with Bega Valley Community Strategic Plan 2040 in particular:

Goal 1:  We are co-operative, caring and enjoy a culturally rich community life.  

        Strategy 1: Collaborate with partners to provide and support opportunities for social ``interaction, cultural industries, activities and events and care and services for ``disadvantaged people. 

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

        Strategy 7: Collaborate with relevant parties to promote opportunities that will grow and `diversify our economy and provide employment…

The review of and adoption of a new Policy is consistent with the relevant Actions of Bega Valley Local Strategic Planning Statement 2040, as follows:

        Action 7.2: Review Council’s Use of Public Land policy to identify opportunities to encourage al fresco dining and streamline the assessment of temporary uses, events and markets.

        Action 12.4: Review Council’s Use of Public Land policy to identify opportunities to encourage and streamline the assessment of temporary uses that add vitality and interest to town centres and contribute to the night-time economy.

Environment and Climate Change

As part of the assessment criteria in Part 2 of the Policy in determining any application Council will take into consideration:

·    The principles of ecological sustainable development (as defined in the definitions table), and

·    Protection of the environment.

Economic

The Policy provides opportunities for food and drink premises to play a larger and more visible role in the activation of the Bega Valley Shire’s public spaces, through al fresco dining, parklets, and more targeted opportunities for mobile food vending and fixed point of sale vending. These activities contribute to the economy of the Shire and increase diversity of experience for residents and tourists alike.

Risk

Council is liable for any activity undertaken on public land or land under the care and control of CouncilWithout an adopted policy or other approval (such as development consent) Council does not have a mechanism to regulate the approval process for activities on this land.

Social / Cultural

The Policy would provide for the activation of public spaces to provide alternative options for residents and visitors alike to gather. Outdoor dining and parklet opportunities would contribute to creating a more vibrant night-time culture.

Attachments

1.         Policy 4.15 -  Use of Public Land (Local Approvals) April 2022 - For Council Determination l

 


Council

20 April 2022

Item 8.2 - Attachment 1

Policy 4.15 -  Use of Public Land (Local Approvals) April 2022 - For Council Determination

 

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Council 20 April 2022

Item 8.3

 

8.3.  Bega Valley Shire Contaminated Land Policy     

This report seeks a resolution of Council to adopt a Contaminated Land Policy for Bega Valley Shire, following public exhibition of a draft version of the policy.

Director Community Environment and Planning  

Officer’s Recommendation

That Council:

1.    Adopt the Bega Valley Contaminated Land Policy (Attachment 1).

2.    Advise those who made a submission, the Local Professionals Group and the Canberra Region Joint Organisation of Councils of Council’s decision.

 

Executive Summary

Bega Valley Shire Council resolved in 2020-21 to develop a Contaminated Land Policy for the Shire.  A draft policy has been publicly exhibited and a final policy is now ready for Council’s consideration.

Background

Council has an obligation to manage contaminated land in accordance with legislative requirements in NSW.  To date, Council has not had an adopted policy position to guide how that process takes place, particularly in relation to development assessment and due diligence disclosure of information for property transactions via section 10.7 planning certificates.

The proposed policy provides clarity about how Council will manage contaminated land across the Shire and what is required of development proponents. 

Council officers have made minor amendments to the draft policy to reflect changes in responsibilities since the draft was exhibited, to correct minor typographic errors and to embed the policy content in the revised policy template.

Options

Options available to Council are to:

1.  Adopt the Bega Valley Shire Contaminated Land Policy provided in Attachment 1. This is the recommended option.

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

3.  Not adopt a Contaminated Land Policy. This is not recommended as Council committed to develop such a policy in its 2021-2022 Operational Plan.

Community and Stakeholder Engagement

Engagement undertaken

Engagement has taken place to date with the Canberra Region Joint Organisation’s Contaminated Land Officer and relevant subject matter experts in Council’s Certification and Compliance, Planning and Sustainability and Information and Communications Technology teams.

Councillors were briefed on the draft policy on 5 May 2021, and it was provided to Council’s Strategic Leadership Group for comment on 28 April 2021.

Council resolved to exhibit the draft policy on 21 July 2021. The draft policy was available for public input from 26 July 2021 to 5 September 2021.  During the exhibition period, one submission was received, which was supportive of the development of a policy to manage contaminated land. No amendments to the draft policy are required in response to that submission.

Engagement planned

The person who provided a submission on the draft policy will be advised of Council’s decision, as will the Local Professionals Group and the Canberra Region Joint Organisation of Councils. The policy will be considered as part of individual development assessments undertaken within the Shire.

Financial and Resource Considerations

Resources to prepare the draft Policy were made available through the Canberra Region Joint Organisation, with in-kind support provided by Council staff.  Costs to exhibit the draft Policy were around $500.

There are resource implications associated with establishing and maintaining a register of contaminated land, which are expected to be of the order of $1,500-$2,000.  There are also in-kind resource implications associated with establishing appropriate workflows and procedures to receive, assess, record and report on contaminated property.  Assistance to meet these additional resource requirements will be provided by the Canberra Region Joint Organisation.

Item

$ Excl GST

Expenditure Detail

 

Exhibition of draft policy

$500

Development of contaminated land register

$1,500-$2,000

Total Expenditure

$2,000-$2,500

Source of Funds

 

General Fund adopted 21-22 budget

$2,500

Total income available

$2,500

Project Funding Shortfall

$0

 

Legal /Policy

Council’s obligations in relation to contaminated land management are described in the policy (Attachment 1).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The policy was developed in response to the adopted action in the 2020-21 Operational Plan.

Environment and Climate Change

The policy seeks to improve the availability of information to the community about land contamination across the Shire.  This has the potential to improve environmental outcomes through improved understanding and management of contamination.

Economic

There is the potential for additional remediation works to be required where sites are identified for contamination. These costs are offset against the potential economic impacts of poor site remediation, and the savings to developers from clarity around the development assessment process in relation to contamination.

Risk

There are risks to Council of both continuing without a policy and adopting one. The status quo continues to expose Council to a risk of not being able to demonstrate due diligence in its duty of care to provide landowners and prospective landowners with the best available information in relation to land contamination.  Development of the policy has some potential reputational risk that developers will consider these measures to be unnecessarily onerous. Mitigation of this risk revolves around explaining that these obligations exist under current legislation and the policy seeks to streamline and clarify the development assessment process.

Social / Cultural

The policy seeks to protect public health by reducing exposure to contaminated land.

Attachments

1.         For adoption Policy 3.11 Contaminated Land v 1

 


Council

20 April 2022

Item 8.3 - Attachment 1

For adoption Policy 3.11 Contaminated Land v 1

 

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Council 20 April 2022

Item 8.4

 

8.4.  Proposal to Establish Alcohol-free Zone and Alcohol-prohibited Area, Gipps and Bega Streets, Bega     

This report seeks a Council resolution to publicly exhibit and undertake consultation for a proposed alcohol-free zone and alcohol-prohibited area at Gipps and Bega Streets in Bega. 

Director Community Environment and Planning  

Officer’s Recommendation

1.    That Council resolves to support, in principle and subject to community feedback, the request to establish an alcohol-free zone (AFZ) in Bega

2.    That Council resolves to support, in principle and subject to community feedback, the request to establish an alcohol-prohibited area (APA) in Bega

3.    That Council publicly exhibit the proposed alcohol-free zone and alcohol-prohibited area (Attachment 1) for not less than 30 days.

4.    That, following public exhibition and subject to community feedback, Council seek approval from the relevant Police local area commander to establish the proposed alcohol-prohibited area.

5.    That staff prepare a further report to Council following public exhibition of the proposal.

 

Executive Summary

It is proposed to establish an alcohol-free zone (AFZ) and alcohol-prohibited area (APA) in Gipps and Bega Streets, Bega (Attachment 1).  The proposed location of the AFZ covers an area of road and carpark, while the proposed location of the APA is a parcel of Council Land Lot 10 DP 879802 known as Willow Tree Reserve. 

Background

Council has received a request from Club Bega to address anti-social behaviour in the vicinity of its licensed premises.  The proposed AFZ and APA would extend the area covered by the existing APZ (Attachment 1) to provide additional powers to assist NSW Police in reducing alcohol-related antisocial behaviours and bolster public safety and awareness in the vicinity of Club Bega.    

Options

Options available to Council are to:

        1.    Support the proposal to establish an AFZ at Gipps and Bega Streets, Bega and publicly exhibit that proposal.  This is the recommended option.

        2.    Not proceed with the recommendation

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the proposal with Club Bega and the NSW Police. Both support the proposal.

Engagement planned

In accordance with the Local Government Act 1993 section 632A and the Ministerial Guidelines on Alcohol-free Zones, Council is required to undertake public consultation for a period of no less than 30 days by placing a notice in a newspaper circulating in the area advising of proposed AFZ and APA and inviting feedback.

Council is required to consult with liquor licensees and secretaries of registered clubs whose premises border, adjoin or are adjacent to the proposed zone, NSW Police and culturally diverse groups within the local area.

Council must also gain approval from the relevant Police local area commander regarding the proposed establishment of an APA.

             Financial and Resource Considerations

Costs to install signage would be met by Council, and compliance activity would be undertaken by NSW Police. Council will also cover the cost of notification of the proposal and staff time to develop the proposal, which are minimal and incorporated into Council’s adopted budget.

Item

$ Excl GST

Expenditure Detail

 

Funding from existing budget allocation

$1000

Financial Option Impacts | Life Cycle Costing

Legal /Policy

The establishment of AFZs and APA is governed by the Local Government Act 1993, the Ministerial Guidelines on Alcohol-free Zones, and Council Circular 10-33 – Alcohol Prohibited Areas – Amendments to the Local Government Act 1993.

If resolved by Council, following public exhibition, the areas of Gipps and Bega Streets, Bega highlighted in Attachment 1 a would become a designated AFZ and APA.  This would be enforceable under s.632A of the Local Government Act 1993 and the Ministerial Guidelines.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal aligns with the following goals in Council’s adopted Community Strategic Plan:

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

Environment and Climate Change

The proposal to publicly exhibit this AFZ and APA does not have any direct environmental sustainability impacts. Should the proposed AFZ and APA be adopted, there are likely to be positive environmental sustainability impacts associated with a reduction in littering within the area.

Economic

The proposal does not have any direct economic impacts. There are likely to be negligible economic impacts should the proposed AFZ and APA be adopted.

Risk

Seeking public feedback on a proposed AFZ is part of the regular business of Council and does not pose any additional risks.  If adopted, the AFZ and APA empowers NSW Police to act if alcohol is consumed within designated areas of Gipps and Bega Street, Bega.  It mitigates risks to the public of disorderly anti-social conduct and injury from broken glass.

Social / Cultural

Community safety and the perception of safety are important factors in activating public places. The proposed AFZ and APA has the potential to improve safety in the designated area. Public consultation provides an opportunity for the community to provide feedback on the proposal.

Attachments

1.         Proposed Alcohol-free zone and alcohol prohibited area

 


Council

20 April 2022

Item 8.4 - Attachment 1

Proposed Alcohol-free zone and alcohol prohibited area

 

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Council 20 April 2022

Item 8.5

 

8.5.  Planning Proposal for Market Street, Merimbula     

This report seeks a Council resolution to submit a Planning Proposal to increase the maximum height limit for certain land at Market Street, Merimbula to the Department of Planning and Environment for Gateway Determination.

Director Community Environment and Planning  

Officer’s Recommendation

1.    That Council submits the Market Street, Merimbula Planning Proposal (Attachment 1) to the Department of Planning and Environment for Gateway Determination.

2.    That following Gateway Determination, the Planning Proposal be placed on public exhibition.

3.    That at the conclusion of the exhibition period, Council officers prepare a further report to Council if material amendments to the Planning Proposal are required to address submissions received during the exhibition period.

4.    That should no material amendments to the Planning Proposal be required in response to submissions received during the exhibition period, Council officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

 

Executive Summary

The purpose of this report is to seek Council’s approval for a Planning Proposal for lodgement with the Department of Planning and Environment (DPE). This Planning Proposal is consistent with the and Bega Valley Shire Residential Land Strategy 2040 and the Bega Valley Shire Commercial Land Strategy 2040, which identifies the site as an area suitable for consideration of an increase in maximum building height.

Background

Lot 11 DP838058 and Lot 112 DP1227927 at 29-33 Market Street, Merimbula are located on the corner of Palmer Lane and Market Street within the main commercial centre of Merimbula. The subject land is currently zoned B2 Local Centre and the combined site area is approximately 4,000m2.

Council’s adopted Commercial Land Strategy 2040 provides strategic direction for the commercial areas of the Shire. The Planning Proposal is consistent with the Strategy, which states: ‘To encourage new development in Bega and Merimbula town centres, Council will consider site-specific proposals, with a land area greater than 2000m2, to increase the maximum height of buildings in Merimbula by way of a combined Planning Proposal and Development Application that allows the community to evaluate the details of each proposal.’

The owner of the land has submitted a combined Planning Proposal and Development Application to Council that seeks to amend Bega Valley Local Environmental Plan 2013 (BVLEP 2013) by increasing the maximum building height on the subject land from 13m to 18m. Development consent is being sought for the demolition of all existing buildings and structures on site and construction of a new five storey mixed use development comprising ground floor commercial tenancies and car parking (over three levels), as well as three to four levels of residential apartments containing 52 apartments across three detached buildings, a pedestrian laneway, and street improvement and public domain works.

Options

Options available to Council are to:

1.    Resolve to support the Planning Proposal and forward it to the Department of Planning and Environment for Gateway Determination. This is the recommended option.

2.    Not support the Planning Proposal.

Community and Stakeholder Engagement

Engagement undertaken

Pre-lodgement consultation has been undertaken with Council officers and a presentation on the development concept for the site was made to Councillors during the consideration of submissions to the draft Commercial Land Strategy.

Engagement planned

The Gateway Determination will confirm community consultation requirements for the planning proposal. It is likely that the Planning Proposal will be exhibited for a period of 28 days. Council officers plan to exhibit the Planning Proposal and Development Application concurrently. 

Council will engage with the local community and government agencies as per the Gateway Determination and Council’s Community Engagement Strategy. This will include notification on Council’s website and writing to adjacent owners.

Should agency or community feedback to the Planning Proposal be received, a further report will be prepared for Council outlining the submissions received and any changes to the Planning Proposal recommended in response to those submissions.

If no submissions to the Planning Proposal are received and no changes are required, it is recommended that Council resolve to authorise staff to proceed to finalise the proposed amendment to BVLEP 2013.

Financial and Resource Considerations

The Planning Proposal has been prepared by the applicant and the applicable fee received in accordance with Council’s adopted Fees and Charges 2021-2022. Any additional costs incurred for advertising the Planning Proposal will be met by the applicant.

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Planning Proposal is consistent with the Bega Valley Shire Commercial Land Strategy 2040, Planning Priorities 11 and 12 of the Bega Valley Shire Local Strategic Planning Statement 2040, Strategies 16, 17 and 20 of the Bega Valley Shire Community Strategic Plan 2040 and Directions 12, 16, 24, 25 and 27 of the South East and Tablelands Regional Plan 2036.

Environment and Climate Change

The Planning Proposal supports future residential and commercial growth, having regard to environmental considerations and sustainability principles. 

Economic

The Planning Proposal supports provision of additional residential and commercial opportunities to supplement the current options available in the market.

Risk

The Planning Proposal is consistent with the recommendations of the adopted Commercial Land Strategy and does not introduce any new risks to Council.

Social / Cultural

The Planning Proposal supports provision of additional residential and commercial opportunities to meet the needs of the community for provision of housing, goods and services.

Attachments

1.         Planning Proposal: Market Street, Merimbula

 


Council

20 April 2022

Item 8.5 - Attachment 1

Planning Proposal: Market Street, Merimbula

 

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Council

20 April 2022

 

 

Staff Reports – Assets and Operations

 

20 April 2022

 

9.1              Community Hall Committee Nominations........................................................ 269

9.2              Contract for Management & Operation BVSC Seasonal Swimming Pools - Bega & Cobargo........................................................................................................................... 275

9.3              Bega Valley Local Traffic Committee................................................................. 281

9.4              Merimbula Boardwalk and Foreshore Path Concept Design............................ 371

9.5              EOI 2122-043 - Kiah & Wandella Community Hall Design................................ 409

9.6              IPART Review of Domestic Waste Management Charges................................ 438


Council 20 April 2022

Item 9.1

 

9.1Community Hall Committee Nominations     

Nominations for positions on Council’s Community Hall Committees are presented for Council endorsement.

Director Assets and Operations  

Officer’s Recommendation

1.    That nominees to Council’s individual Community Hall Committees listed in the attached Memorandum be appointed.

2.    That Council officers carry out further promotion of vacant Committee positions and subsequently report the matter to Council for any additional appointments.

3.    That retiring Committee members be thanked for their contribution to the respective              Committees.

 

Executive Summary

There are seventeen (17) community halls across the Shire, fifteen (15) of which are managed by community committees and volunteers with the assistance of Council officers.  Council welcomes the participation of volunteers in the care, maintenance, and management of these community halls. The willingness of local people to donate their time and energy is a determining factor in Council’s capacity to deliver the range and quality of facilities that are enjoyed by the broader community. The engagement of community members in individual halls ensures they are activated and catering to local needs and aspirations.

Background

Nominations have been called for residents interested in volunteering to become a member or continue to be a member of the Community Hall Committees.

There is a minimum requirement of 5 persons on each Community Committee and a maximum of 12. The term of Committee appointments is the same term as the Council who appointed Committee members with the addition of an extra three month’s leeway following the general election of Councillors.

Two community halls have not received any nominations to form a Committee (Tathra and Pambula). Council officers will need to oversee management of these halls until nominations are received.

A small number of Committee members have decided not to re-nominate; many having served their community on these committees for long periods of time. It is appropriate that retiring Hall Committee members are thanked for their important contribution. Council officers will recognise each of these people individually to thank them for their efforts.

Details of the nominees received are provided to Councillors in an attached Memorandum.

Options

Council may choose to vary the membership or adopt the recommended appointments.

Community and Stakeholder Engagement

Each individual Committee member was contacted to request members to re-nominate for the new term. Shire wide calls for new nominations via media release, social media and Council’s website was conducted.

A further call for nominations to join and form Tathra and Pambula Hall committees was also completed.

Engagement undertaken

In preparation of the call for nominations for the new term, regular discussions around the process of nomination to existing committees occurred at the S355 General Community Halls Committee meetings held in 2021.

Engagement planned

If the new term of Hall Committee members is approved, Council officers will induct the new nominees with the roles and responsibilities of Hall Committee management.

Financial and Resource Considerations

There are no additional financial considerations associated with this report noting that Council has budget allocations for management of halls across the Shire.

Legal /Policy

The General Community Hall Committees are appointed under section 355 of the Local Government Act 1993 (NSW) (LG Act). Section 355 (b) and Section 377 (1) of the LG Act enables Council to exercise its functions by a committee of Council to do so conditionally.

The delegated functions of the hall committees are set out in the Community Hall Committee Guidelines. These prescribe the manner in which the committees must operate within.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The management of Council facilities via committees address the following outcomes in the Bega Valley Community Strategic Plan 2040:

Active and Healthy Communities

Goal 1 – We are co-operative, caring and enjoy a culturally rich community life

Strategy 1 – Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events, and care and services for disadvantaged people.

Council’s adopted Building Asset Management Plan provides the framework for the maintenance and renewal of the facilities. Individual FMP are in place for all community halls.

Environment and Climate Change

There are no negative environment and climate change impacts associated with the recommendations of this report.

Economic

There is no direct economic impact from this appointment process.

Risk

The impact of not supporting and growing the Community Hall Committees has the potential to impact Council’s budget as facilities may return to Council for day-to-day operations and maintenance.

Social / Cultural

Community Halls play an important role as central points for social and cultural activities in towns and villages across the Shire. Partnerships developed with community members to manage and care for these assets, have multiple benefits, and support community wellbeing.

Attachments

1.         2022.04.20 Councilllor Memorandum - Community Hall Committee Nominations

 


Council

20 April 2022

Item 9.1 - Attachment 1

2022.04.20 Councilllor Memorandum - Community Hall Committee Nominations

 

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Council 20 April 2022

Item 9.2

 

9.2Contract for Management & Operation BVSC Seasonal Swimming Pools - Bega & Cobargo     

This report seeks Council approval to offer an extension to existing contracts for the management and operation of the Bega War Memorial and Cobargo Swimming Pools.

Director Assets and Operations  

Officer’s Recommendation

That Council offer two (2) x twelve-month extension options to both Philipzen Aquatics Pty Ltd and Swansali Pty Ltd for the Bega War Memorial Swimming Pool and Cobargo Swimming Pool respectively, in accordance with the existing contract requirements agreed in RFT 43/17 Contract for Management & Operation BVSC Seasonal Swimming Pools.

 

Executive Summary

The Management and Operation of Bega Valley Shire Council’s Swimming Pools is through a combination of contractor and council management. The Bega War Memorial and Cobargo Swimming Pools are managed by Philipzen Aquatics Pty Ltd and Swansali Pty Ltd respectively.

With uncertainty still remaining around the resourcing and redevelopment of the Bega War Memorial Swimming Pool, discussion around the ongoing resourcing of swimming pools, and revisiting of the Draft Bega Valley Shire Swimming Pool Strategy (deferred post the 2019/20 bushfires), as well as the recent impacts of COVID19, it is recommended that Council approve two (2) further twelve-month extension options to the current Contract for the Management and Operation of BVSC Seasonal Swimming Pools.

This will provide the opportunity for Council to continue working through the Bega War Memorial Pool redevelopment, the Swimming Pool strategy and ongoing resourcing discussions without additional disruption to existing facility operations and community.

 Background

In 2016, Otium Planning Group undertook the Bega Valley Shire Aquatic Facilities Review, with the intention of reviewing the existing facilities and operations, whilst providing recommendations to Council on the future of these facilities. At the 29 June 2016 Council meeting, Council resolved:

‘That Council note the report and attached draft Aquatic Facilities Review’    

‘That Council place the draft Aquatic Facilities Review on public exhibition for a period of at least 28 days for comment, following discussions with pool contractors and Council’s aquatic officers’

In 2017, due to completion of an existing contract extensions, Bega Valley Shire Council publicly tendered the management and operation of the five (5) seasonal swimming pools in the Bega Valley. This tender was based on a three (3) year contract term, with two (2) twelve-month options. Based on the outcome of the tender’s received, Council awarded contracts to Harris Aquatics Pty Ltd (now trading as Philipzen Aquatics Pty Ltd) and Swansali Pty Ltd, to manage the Bega War Memorial Swimming Pool and Cobargo Swimming Pool respectively.

Council made the decision to decline tenders submitted for Bemboka, Candelo and Eden swimming pools, based on council resourcing and/or tender conformance. This resulted in Council continuing to operate Bemboka and Eden pools, and commenced operating Candelo pool.

Bega War Memorial Pool is approaching 60 years of age this year and is due for renewal in 2023. The existing condition and age of the facility, including its mechanical plant, means that a substantial asset failure would likely lead to an extended closure of the facility.

The existing pool does not meet the current or future community needs, with insufficient facilities and space to service multiple user groups. At the 16 December 2020 Council meeting the Bega War Memorial Pool Concept was presented to Council where it was resolved that:

1.    ‘The report be received and noted’.      

2.    ‘Council endorse the attached Draft Bega War Memorial Pool Concept Plan, as exhibited with the Draft Swimming Pools Strategy 2019’.

3.    ‘Council permit Council officers to proceed with the Bega War Memorial Pool project planning and submit grant applications to source project funds based on an endorsed concept’.

The endorsed concept design takes into consideration current limitations of existing facility and aims to address the current and future needs of the community. Council has been advocating to State and Federal government, submitting grant applications for external funding. Most recently (in February 2022) an application for funding was lodged to the federal Building Better Regions fund for the project.

Without an adopted strategy for the ongoing operation and management of the Bega War Memorial Pool, or confirmed funding for the redevelopment of the site, the most appropriate option is to continue operating the facilities under the existing arrangements. 

Similarly, the last two (2) years have been quite disruptive for our swimming pool facilities, operators, and wider community. The facility operators have implemented the necessary measures to keep our facilities and community safe, whilst minimising disruption to the facilities. However, it should be noted, the ongoing impacts and challenges of The Black Summer Bushfires, declared natural disasters and COVID 19, have also extended to our facilities, existing contract operators and facility staff.  

Options

1.    Council offers two (2) x twelve-month extension options to both Philipzen Aquatics Pty Ltd and Swansali Pty Ltd for the Bega Memorial Swimming Pool and Cobargo Swimming Pool respectively, in accordance with the contract requirements outlined in RFT 43/17 Contract for Management & Operation BVSC Seasonal Swimming Pools. This is the most cost-effective option and would maintain current situation until further direction or resourcing considerations can be determined.

Recommended option

 

2.    Council proceeds to tender for the management and operation of the Shire’s Swimming Pools, including managing the associated risks and additional expenses of transitioning to a new operator/s during this period.

        Not recommended.  Based on previous tender submissions, industry standards and COVID19 industry impacts, there will be increased contract and management expenses, as well as reputational risk to Council.

3.    Council to take over full management and operation of all council swimming pool sites. This would require increased resourcing, including the recruitment, training and management of staff to effectively supervise and operate these facilities.

        Not recommended. Based on existing operations and challenges of seasonal staff recruitment/retention, even though council would retain income generated through facility operations, the increased staff and resource expense to Council would still be less cost effective and would result in a reduced service level provision for the community at these sites at this time.

Community and Stakeholder Engagement

Existing contract operators are based in the local area, are well regarded in their respective communities, and have good existing relationships with facility stakeholders. Both have confirmed in writing a willingness to continue to operate the facilities under the existing RFT 43/17 contract arrangements if that option is available to them.

Engagement undertaken

During both the Aquatic Facilities Review and Swimming Pools Discussion Paper and Draft Strategy, the community were advised of the operational costs and visitation for the swimming pools within the Bega Valley. There was also information provided on the different management models available and considerations for the modelling provided in the paper. During both consultation processes there was positive feedback for the existing contractors of Bega and Cobargo Swimming Pools and about having a locally based pool manager.

Engagement planned

The engagement planned will include informing the community of the decision to extend the management contracts for the existing operators, based on the reasoning included in this report. This includes Council continuing efforts to secure funding for the redevelopment of the Bega War Memorial Pool.

Financial and Resource Considerations

Currently, the existing management fee structure provided by contract operators is based on historical modelling and operations. This is cost effective compared to industry standards and includes a small annual % increase under the contract. The costs are currently budgeted from Council’s General Fund and includes the projected management fees under the existing arrangement.  

Item

$ Excl GST

Expenditure Detail

 

Bega War Memorial Pool Operating Contract

Extension Year 1: 2022-2023

$59,827.10

Extension Year 2: 2023- 2024

$61,203.11

Cobargo Swimming Pool Operating Contract

 

Extension Year 1: 2022-2023

$54,685.80

Extension Year 2: 2023- 2024

$56,052.95

Total Expenditure

$231,768.96

 

 

Source of Funds

 

2022-2023 Budget (General Fund)

-$114,512.90

2023-2024 Budget (General Fund)

-$117,256.06

 

 

Total income available

-$231,768.96

 

 

Total Project Capital Cost

0

Total Available Construction Funding

0

Project Funding Shortfall

= $0

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Annual maintenance and operational costs

 $3000 off season grounds and site maintenance (both sites)

User charges (annual income)

 $0 (pool income is retained by operators)

Legal /Policy

The Local Government Act 1993 No 30 (NSW) provides a legal framework for local government in NSW. Under the Act, this is classified as community land.

Section 55 (3) of the Local Government Act 1993 (NSW) provides exemptions from the need for councils to require tenders for goods and services for certain contracts or circumstances.

Clause 3 provides further details on certain contracts, where this section does not apply.

(i) a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders,

(n) a contract involving an estimated expenditure or receipt of an amount of--

(i) less than $250,000 or another amount as may be prescribed by the regulations

We are seeking to extend this contract due to extenuating circumstances outlined in this report and due to the proposed contract values falling below the $250,000 threshold. For the two-year extension period proposed, Bega Pool would have a contract value of $121,030.21 and Cobargo Pool would have a contract value of $110,738.75.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

Delivery Program: 1.2.5- Plan and manage swimming pools and the Sapphire Aquatic Centre

1.2.5.1 Review contract to operate seasonal swimming pools (possible +1 year to extend to June 2022)

Delivery Program: 1.2.7- Construct and maintain swimming pools

1.2.7.1 Investigate external funding opportunities for Bega War Memorial Swimming Pool and undertake further project development

As stated above, consideration of the Draft BVSC Swimming Pools Strategy was deferred due to the 2019/20 Black Summer Bushfires.  There has not been the adoption of a strategy or regarding the future operation and resourcing of the Shire’s swimming pools. Based on the work undertaken to date, Councillor and staff resources allocated during the previous Council term and current Council resourcing discussions, actions are recommended in respect of this work and information. 

The Bega War Memorial Pool is due for renewal in 2023. This is identified in the BVSC Recreation Asset Management Plan 2017. This is a major project also a key project listed in the BVSC Investment Prospectus and Government Advocacy Documentation.

Council is currently seeking external funding to progress this project. Depending on the funding criteria and deadlines permitted, Council will need to have the flexibility to transition from site operations to redevelopment relatively quickly. The current RFT 43/17 contract allows for the cessation of a management contract for a facility re-development. Existing contractors have been engaged with this clause in place and are aware of the existing situation regarding the redevelopment of the site. Furthermore, under the same Asset Management Plan, the Cobargo Swimming Pool is also due for renewal in 2029. 

Environment and Climate Change

Council has previously undertaken swimming pool projects to improve environmental impacts, such as upgrading to high efficiency hot water systems, installing variable speed drives for pool pump motors, use of swimming pool covers and solar pool heating systems.

Council staff are currently working with existing contractors to implement improved waste management at all swimming pools, including Council and contract managed facilities.

Due to the age and condition of existing facilities, there are limitations and challenges that are inherent to each site. Existing contract operators are familiar with these challenges and operate each site to achieve a more favourable outcomes at each site.

Economic

Existing contractors are locally based in the Bega Valley, provide employment opportunities for local staff, support local communities as well as engage local suppliers and contractors. As locally based businesses, a higher proportion of income generated remains locally and there is an increased economic flow on effect into the local community.

Risk

The existing operators are suitably qualified and experienced in the management and operation of the respective facilities. They have the appropriate knowledge of each sites existing plant and equipment in order maintain and effectively operate, as well as having a good relationship with existing user groups, members, and customers

The main risks identified include:

·    Reputational.   Swimming pool facilities are regarded as important facilities within our communities. Due to the nature of these facilities, as evidenced across multiple local government areas in NSW and Australia, the decision making around swimming pool management contracts can often be politicised based on their affiliation with existing contractors or organisation the contract is awarded to. 

·    Financial.  Based on the submissions provided for the previous tender RFT 43/17 and taking into consideration the recent impact COVID19 has had on the Aquatics & Recreation industry, it is highly likely there would be increased financial costs to council due to higher contract management fees and increased facility maintenance costs.

·    Operational.  Current operators are familiar with how to operate existing facility, plant and equipment, as well as understanding the limitations or challenges presented by the sites. Transitioning to a new operator increases risk of damage to equipment or plant failure due to incorrect operation or familiarity with site.

Social / Cultural

The six (6) public pools across the Bega Valley Shire are highly valued by the community and provide a variety of health, lifestyle, and community benefits. It is noted they are high-cost assets to build and operate.

Existing contractors at both Bega and Cobargo Swimming Pools are well regarded in their respective communities. They deliver a variety of swimming programs, have good relationships with key stakeholders such as local swimming clubs and schools, and deliver more opening hours than the minimum prescribed in the contract (56 hours) at no additional cost to council. All these factors contribute to positive attendance and engagement at each facility with the community.

Attachments

Nil

 


Council 20 April 2022

Item 9.3

 

9.3Bega Valley Local Traffic Committee     

This report recommends that Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 9 March 2022.

Director Assets and Operations  

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 9 March 2022 and tabled at the 20 April 2022 Council meeting.

1.    Coast to Kosci Ultramarathon Event – 2-4 December 2022

a.      That the proposed arrangements involving public roads and footpaths contained in road reserves be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the current SafeWork NSW and Transport for NSW guidelines

b.     That the proposed arrangements involving road crossings be supervised in accordance with the current SafeWork NSW and Transport for NSW guidelines

c.      The event organisers liaise with local road authorities regarding the availability and safe use of the proposed routes

d.     Subject to approval of site specific TGS (Traffic Guidance Scheme), previously known as (TCP) Traffic Control Plan

e.     That the above event organises their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS

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

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

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

i.       That event organisers apply to TfNSW for a Road Occupancy Licence (ROL) for the use of a State Road

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

k.      That the event achieves all conditions of Council’s issued Approval for Use of Public Land

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

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

See attachment: Coast to Kosci 2022

 

Executive Summary

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

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

Background

A submission has been received from Ultra Marketing Pty Ltd and The Summit Track to hold the Coast to Kosci Ultramarathon commencing Friday 2 December 2022 at 5.30am at Boydtown Beach and finish at 3.30pm on Sunday 4 December 2022 at Charlottes Pass.

This event is limited to 50 pre-qualified runners and is continuous running with no stops and an overall cut-off time of 46 hours. The event Coast to Kosci is held in the highest regard amongst the running community, both nationally and internationally.

The Australian Ultra Runners Association (AURA) has endorsed the 2022 Coast to Kosci subject to all formal approvals being received.

Options

It is recommended that Council endorse the Officer Recommendations so Coast to Kosci can proceed as scheduled.

Community and Stakeholder Engagement

There has been no external engagement associated with this report by Council officers. It will be the responsibility of the applicant to carry out the appropriate level of community and stakeholder engagement prior to, during and after event.

Engagement undertaken

There has been no engagement undertaken associated with this report by Council officers.

Engagement planned

It is the responsibility of the applicant to carry out the appropriate level of community and stakeholder engagement prior to, during and after event.

Financial and Resource Considerations

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

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no Strategic Alignments associated with this report.

Environment and Climate Change

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

Economic

There are no Economic implications associated with this report.

Risk

There are no risks associated with this report.

Social / Cultural

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

Attachments

1.         Coast to Kosci 2022

 


Council

20 April 2022

Item 9.3 - Attachment 1

Coast to Kosci 2022

 

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Council 20 April 2022

Item 9.4

 

9.4Merimbula Boardwalk and Foreshore Path Concept Design     

Summary of consultation feedback from the concept design exhibited in December 2021 to February 2022, and recommended actions to be progressed in detailed design for the Merimbula Boardwalk and Foreshore Path.  

Director Assets and Operations  

Officer’s Recommendation

1.    That Council note the consultation feedback in the listening report (Attachment A).

2.    That Council adopt the concept design (Attachment B) for progression to detailed design.

3.    That Council endorse the recommended actions considering consultation feedback to be progressed in detailed design (Attachment C).

 

Executive Summary

The Merimbula Boardwalk and Foreshore path is a popular recreation asset that is enjoyed by locals and visitors. The current infrastructure is ageing and is due for renewal. It requires a high level of inspection and reactive maintenance. It does not meet current design standards or user needs. 

The project to upgrade the asset is listed in the Council’s Infrastructure Prospectus under recreation as an investment opportunity for the State and Federal Government.  Funding was allocated in the 2022FY budget to progress with project development including concept planning, consultation, approvals and detail design for the project. The intention of this phase of the project is to deliver well developed project documentation demonstrating need, use, broad community value and an attractive project to present to future funding partners.

This report presents feedback and outcomes coming from the public exhibition of the Merimbula Boardwalk and Foreshore Path Concept Design and makes recommendations to proceed with further project development and detailed design.

Background

The Merimbula Boardwalk and Foreshore Path project (the project) is listed in the Bega Valley Shire Council’s (Council) Delivery Program 2017-2022 under the Capital Program with planning phase funding allocated.

The scope of the project includes:

·    a new elevated boardwalk, foreshore path and viewing platforms;

·    accessible visitor amenity including seating, fishing platforms, and swimming access;

·    wayfinding and interpretive signage including provision audio description;

·    carpark improvements including accessible parking and safer pedestrian connectivity;

·    lighting to increase access hours.

Information Gathering. From 19 July to 8 August 2021 Council sought feedback from the community on how people use the boardwalk now and how they would like to use the boardwalk in the future.  664 people provided a response through the engagement and a Listening Report was published on the Council’s Major Projects webpage.

Concept Design. Using that information Council developed a draft concept design and released it for public comment over an eight (8) week period from Monday 13 December 2021 to Monday 7 February 2022. 

A survey was provided on ‘Have Your Say’ including five questions allowing people to provide feedback on what they like best and least about the draft concept design.  209 people provided survey submissions.

Key insights from the engagement are detailed in a Listening Report (Attachment A) and summarised below:

·    74% and 17% of respondents identified as living in Merimbula or the Bega Valley Shire respectively, with the remaining 9% being visitors.

·    85% support the draft concept design, 3% do not support the draft concept design and 12% support the draft concept design ‘in part’.

·    72% agreed that the draft concept design captured comments they provided to council in the July to August consultation period, 4% disagreed and the question was not applicable to 24%.

·    For the fifth question ‘What do you like least about the concept design?’ there were no key themes with minimal comments and most people either skipping this question or stating ‘nothing’.

·    Overall, the feedback on the draft concept design was positive with minimal changes recommended. A copy of recommended actions to be progressed in detailed design is at Attachment C.

In a public consultation it is expected there will be a range of views and feedback. It is unlikely that all those that respond will have the same views on the project or priorities for use. It is also understandable that while effort is made to provide clear information some people may not fully understand the site or project constraints that have informed the concept design. Although the concept design received strong support, for transparency reasons all feedback received has been collated and commented on to ensure that it is considered and actioned appropriately

Options

1.    Council considers the information in the report and attachments and resolves to continue to progress with the project as outlined in the officer’s recommendation.

2.    Council considers the information in the report and attachments and resolves to continue to progress with the project as outlined in the officer’s recommendation but with additional changes to the design.

3.    Council considers the information in the report and attachments and resolves to NOT continue to progress with the project and to deprioritise the project from the BVSC Infrastructure Prospectus.

Community and Stakeholder Engagement

Engagement undertaken

There have been two rounds of public consultation undertaken to date:

·    Round 1 - Information Gathering: 19 July to 8 August 2021 Council sought feedback from the community on how people use the boardwalk now and how they would like to use the boardwalk in the future.

·    Round 2 – Draft Concept Plan Exhibition: 13 December to 7 February 2022 Council released the draft concept design for comment.

The outcome of these consultation periods is documented into listening reports available on the Council’s Major Projects webpage.  Feedback from the first round of consultation was considered in the development of the draft concept design.  Feedback from the second round of consultation will be considered in detailed design development.

Engagement planned

The next phase of engagement with the community will be through the Development Application assessment process.

Financial and Resource Considerations

The Merimbula Boardwalk and Foreshore Path project is listed in the Bega Valley Shire Council’s (Council) Delivery Program 2017-2022 under the Capital Program.  $135,000 is allocated a the FY2022 budget for the planning phase of the project (the funding will extend into FY2023) and is outlined in the table below.

Note: no funding is allocated to the construction phase of the project and significant external funding will need to be sourced for the project to be delivered.

On 9 August 2021, Council submitted an application to the NSW Government’s Regional Tourism Activation (RTA) Fund seeking funding for the construction phase.  On 1 March 2022 Council was notified that application was unsuccessful.   

In February 2022 an application for funding for the project was made under the Federal Governments Building Better Regions Program. Feedback on that application is expected in May 2022.

Item

$ Excl GST

Expenditure Detail

 

Site assessment

$10,000

Concept design

$40,000

Detailed design development, statement of environmental effects, and development application

$85,000

Total Expenditure

$135,000

 

 

Source of Funds

 

Approved budget

$135,000

Total income available

S135,000

 

 

Total Project Capital Cost

$135,000

Total Available Construction Funding

$0

Project Funding Shortfall

$0

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Capital Investment | Renewal, Upgrade, New

$9.6m

Based on a preliminary estimate.  Further cost analysis and potential efficiencies will be investigated during the detailed design phase.  

Annual maintenance and operational costs

Unknown at this stage. It likely to be less than the resources currently allocated to annual maintenance and operational costs as the structure will be new and improved. Indicative $5000 pa

Depreciation costs

 $180,000 pa. (indicative avg 60yr useful life)

User charges (annual income)

Nil. Value is in community health and wellbeing and toward local tourism industry

Legal /Policy

The project will require relevant planning approvals noting it is in a sensitive coastal environment. The project will comply with planning requirements.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This project is connected to Council's Community Strategic Plan (CSP) through Outcome 1, Goal 1 and 2; Outcome 2, Goal 3; Outcome 3, Goal 5; and Outcome 5, Goal 10.

Outcome 1 – Active and Healthy Communities
Goal 1: We are co-operative, caring and enjoy a culturally rich community life.
Goal 2: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Outcome 2: Employment and Learning Opportunities
Goal 3: Our economy is prosperous, diverse and supported by innovative and creative businesses.

Outcome 3 – Sustainable Living
Goal 5: Our air and water is pristine and our natural environment and rural landscapes are protected.

Outcome 5 – Connected Communities
Goal 10: We have a network of good quality roads, foot paths and cycleways connecting communities throughout the Shire and beyond.

The project is included in the 2022 Operational Plan Capital Program Highlights.

Environment and Climate Change

The project will have environmental benefits including:

·    Increased active travel opportunities, supporting healthy lifestyle and liveable communities.

·    Increased awareness of the environment around Merimbula Lake and its importance to marine ecology.

·    Minimising the impact on the environment by creating a dedicated path that limits potential impact to threatened ecological communities.

Economic

The project will have strong economic benefits, particularly to the tourism sector, including:

·    Improved visitation to the Bega Valley Shire thereby enhancing tourism opportunities.

·    Support for business recovery through identifying and delivering key infrastructure and associated projects.

·    Potential to support longer term recovery and resilience during construction phase including:

Support for local contractors and small business.

Improves skill development and opportunities for the local workforce.

Risk

The project risks have been identified in the project management plan.  Risks specific to this phase of the project and this report are:

·    That the project does not meet the needs or deliver value to the community: The mitigation strategy is to undertake community consultation to inform the concept design.

Future risk is that there are delays in sourcing external funding required for the project to progress from detailed design to construction.

Social / Cultural

The project will have social benefits including:

·    The boardwalk will enable the community to connect with the character, cultures and stories behind Merimbula Lake including indigenous heritage and oyster growing history.

·    Recreational activities and connection to nature has direct benefits in improving physical health and wellbeing, such as increased life expectancy, reduced heart disease and mental health.

·    Potential to attract new residents, especially families, and combat some of the challenges faced by an ageing population including a low workforce participation rate.

Attachments

1.         Attachment A - Listening Report

2.         Attachment B - Concept Design

3.         Attachment C - Recommended Actions for Design Development

  


Council

20 April 2022

Item 9.4 - Attachment 1

Attachment A - Listening Report

 

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Council

20 April 2022

Item 9.4 - Attachment 2

Attachment B - Concept Design

 

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Council

20 April 2022

Item 9.4 - Attachment 3

Attachment C - Recommended Actions for Design Development

 

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Council 20 April 2022

Item 9.5

 

9.5EOI 2122-043 - Kiah & Wandella Community Hall Design     

This report details the recommendation to Council in relation to evaluation of EOI 2122-043 - Community Halls Design Stage, and the outcome of the community engagement process to date.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council accept the recommendations in the confidential attachment relating to EOI 2122-043 Community Halls Design.

2.    That authority be delegated to the Chief Executive Officer to execute all necessary documentation in relation to EOI 2122-043.

3.    That all shortlisted tenderers be advised of Council’s decision.

4.    That Council notes pre-development application advice that future works that propose safety improvements to the Kiah Hall Road/Princes Highway intersection be managed as a separate project, with funding to be sought separately to the rebuilding of Kiah Community Hall project. 

5.    That Council note that the Bushfire Local Economic Recovery Funding Deed, stipulates a project completion date of 30 June 2023

 

Executive Summary

The Community Halls are a much loved and utilised community asset for many people living in the rural and remote areas within the Bega Valley and play a key role in community life.

Bega Valley Shire Council continues to assist the local communities in both Kiah and Wandella by rebuilding the Community Halls which were destroyed in 19/20 Black Summer bushfires.

The key aim of this project is for Council to partner with the local community to rebuild fit for purpose Community Halls in both Kiah and Wandella that will meet the community needs now and into the future.

In addition to ensuring compliance to relevant Building, Environmental and Accessibility codes the new Community Halls should:

Key Objectives

·    pay homage to the past but also look to the future

·    be a focal point of community life

·    be a flexible and multipurpose space

·    be environmentally sustainable

·    be accessible for all members of the community

·    be resilient to the impacts of any future natural disaster; and

·    have low ongoing operational and maintenance costs

Following initial community consultation and the development of design briefs, an Expression of Interest procedure was instigated to select appropriate companies to complete detailed concept designs for further public consultation. This report details the background and progress to date and requests Council to endorse the staff recommendations to proceed.

Background

Due to the scale and nature of the bushfire disaster within the Bega Valley Shire and the impact on infrastructure BVSC recognised the need to seek the services of appropriately qualified and experienced Architectural Design Consultants to provide Design Services for rebuild of the Kiah and Wandella Community Halls.

As part of the initiation and design stage for the rebuild projects, a series of community engagement sessions were held, inviting all stakeholders and community members to provide input into the development of a formal design brief to rebuild the Halls. The output of these community consultations was the formal design brief that guides the detailed design stage of the project.

In November 2021, Bega Valley Shire Council publicly tendered the Architectural Services for the Design & Documentation of the new Kiah & Wandella Community Halls.  This tender was in the form of an Expression of Interest (EOI) with over ninety (90) firms viewing and downloading the information.

The Expression of Interest included: Stage 1 - Tender Evaluation (Completed), Stage 2 -Engagement of firms to provide Conceptual Designs (Completed), and Stage 3 engage and award contracts to provide delivery of detailed design, development application and construction documentation for Kiah & Wandella Halls (Current stage seeking approval).

Council received ten (10) responses and completed an evaluation shortlisting three (3); Stone Three Design, Complete Urban, and Facility Design Group to provide conceptual designs for both Kiah & Wandella Community Halls.

The shortlisted architectural firms presented their conceptual designs to key local community stakeholder groups during February/March 2021 in conjunction with Have Your Say and polling of the three (3) conceptual designs.Supporting documentation attached.

·    Community Engagement Report (Have Your Say/Poll results)

·    Correspondence 8 March 2022 Friends of Kiah Hall Committee

·    Minutes of General Meeting Wandella (Wandella Hall Committee) 21 March 2021

·    Confidential attachment relating to EOI 2122-043 Community Halls Design evaluation

Preliminary cost estimates for preferred conceptual design/architectural firm have indicated that the community halls can be constructed within project budget.  Moving forward into detail design, value management studies will also be undertaken to ensure the final design is within budget prior to going to construction tender.

The shortlisted EOI tenders were conforming and within price criteria for design budget. A tender evaluation process was undertaken to shortlist and select Architectural Design Services as outlined in the attached confidential memorandum for Council’s consideration.

Options

1.    Decline all current tenders and re-issue Expression of Interest for detailed design

Although a re-issue may attract additional architectural firms to apply, the consequence of this outcome would considerably delay the Design Stage of the project overall resulting in potential increase of costs and notably an inability to meet construction completion timeframes as stipulated in the Bushfire Local Economic Recovery Funding deed. 

Not recommended.

2.    Accept the preferred conforming tender

Accepting the recommendation following extensive community engagement for a unanimous outcome would provide a natural continuation of the project which achieves best value for money and benefit to the community through endorsing the community’s preference and minimising disruption to the delivery and construction timeframe and project budget.

Recommended noting that the community engagement report has provided a clear preference for a conceptual plan and architectural firm for both projects.

Community and Stakeholder Engagement

A key aim of the rebuild projects for Bega Valley Shire Council is to partner with the local community and Hall Committees to successfully rebuild fit for purpose Community Halls in Kiah and Wandella that meets community needs now and into the future. This means working collaboratively with the community on a vision for the hall rebuilds and encourage proactive and meaningful participation throughout the project lifecycle.

A series of public community consultation sessions were held from November 2020 through to March 2021 as part of the initial planning stage for the hall rebuild. All community members and stakeholders were invited to contribute to the development of the design brief. The community consultation sessions were facilitated by Council and independent Architect, Tim Lee who provided his services for the community consultation sessions at no-cost.

The input from these community consultation sessions enabled site-specific project design briefs to be developed. During the consultation, it was widely recognised by the community that the preferred approach would be to invite a shortlisted group of architectural firms to develop and present initial concept designs in line with the design brief, which would then be presented back to the community and Council for feedback. This approach meets the requirements of the funding agreement to ensure the project is carried out by appropriately skilled, qualified, and experienced professionals, and fits within the project budget.

Engagement undertaken

Engagement for initiation and design phase of this project aligns with the Involve and Consult level of engagement framework along with recognition and acknowledgement of the importance of disaster affected community engagement.

With extensive public community meetings and consultations held within local areas, which included facilitated workshops, presentations, and outcome of a formal design brief from the collaboration of Council and Community members.  In addition to wider public “Have your Say” and polls to allow those who could not attend in person to contribute to the process.

Engagement planned

Once the tender is awarded, community and stakeholder engagement will continue aligned with the Inform level of engagement. Consult level of engagement will occur should there be any major deviation from the design brief during the detailed design and value management study stage. 

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

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

Future engagement also expected in conjunction with interrelated community led projects such as memorial walls and historical and heritage recognition which may require ongoing consultation during design and construction phases.

Construction progress site inspections will be undertaken with the Key Community Group members.

Community Consultation will also be undertaken to prepare completion and opening ceremony preparations.

Financial and Resource Considerations

Funding for both projects is available and being provided under the Bushfire Local Economic Recovery (BLER)Funding Program and Councils building insurance. Preliminary cost estimates for the Hall concepts have shown that the Halls can be constructed with the funds available. Moving forward into detail design, value management studies will be undertaken to ensure the final design is within budget prior to going to Construction tender.

In November 2020, the NSW Government announced a share of $3 million in funding towards rebuilding and restoring the Kiah and Wandella halls. In April 2021 Council received formal notice of BLER funding of $1.821 million (combined) for both the Kiah and Wandella projects. In addition to the BLER funding, Council’s bushfire insurance claim has been settled bringing overall project budget to $3,114,055 (combined)

The funding component provided under the BLER Program is co-funded by the NSW and Australian Governments.  The funding is administered by Resilience NSW in partnership with the Department of Regional NSW.

Expenditure committed to date is shown in the table below.  Refer to Confidential Attachment for proposed expenditure.

Item

$ Excl GST

Expenditure Detail

 

Surveying and signage

4,975

Conceptual design stage

18,000

Associated professional and administrative l fees

5,923

Lot 68 DP 750223 acquisition and legal fees

82,406

Project management

22,164

 

 

Total Expenditure

$133,468

 

 

Source of Funds

 

Bushfire Local Economic Recovery Fund

1,821,000

Statewide Bushfire Insurance claim Kiah Hall

763,575

Statewide Bushfire Insurance claim Wandella Hall

529,480

Friends of the Kiah Hall Committee Lot 68 DP 750223 acquisition contribution

28,781

Total income available

$3,142,836

 

 

 

 

 

 

Total Project Capital Cost (to be confirmed after construction tender)

Total Available Construction Funding

Project Funding Shortfall

N/A

Legal /Policy

The Expression of Interest tender process complies with the Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

·      Outcome 4: Liveable places

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

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

Environment and Climate Change

A Review of Environmental Factors (REF) will be prepared for the project in accordance with the provisions of Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

The REF will outline potential construction and operational impacts associated with the proposed works at Construction Request for Tender stage. 

The new hall design will be to BAL 40 construction. The Hall will also function as a post event refuge for future natural disasters (not a fire shelter). 

The design will also include inclusion of solar systems in alignment to recently installed systems within Bega Valley Shire Council community halls.

Economic

Funding provided to this project under the Bushfire Local Economic Recovery Fund (BLERF Program) is co-funded by the NSW and Australian Governments to support social and economic recovery in regional communities affected by the 2019-20 bushfires.

Community Halls play an important role as central points for social and cultural activities in towns and villages across the Shire.  Partnerships developed with community members to manage and care for these assets, have multiple benefits, and support community wellbeing.

Risk

Key risks identified

Risk

Proposed mitigation

Consequence

Likelihood

Project Finance

Insufficient funding to carry out construction phase

-     Early material supply planning

-     Value management study

-     Detailed design planning and flexibility to adjust design in value management stage for achievable outcomes                     Low cost/maintenance

 

Critical

Likely

Project Management resource

-     Maintain project management contract until project completion to avoid project delivery delays

High

Improbable

Stakeholder Communication

-     Continue community engagement as indicated in report

-     Continue to work collaboratively with community representatives and key stakeholders

Critical

Improbable

 

Social / Cultural

The community is spread across large and small land holdings within the region. Many families involved in our community engagement meetings go back generations in the area and are intimately tied into the history of the region including the logging, farming and fishing industries.

Many of the families helped build the original halls providing materials, labour, and support during the construction and later through the Hall Committees, organised social and community gatherings, information, and educational events.

 

The Community Hall is part of the fabric of the regional local communities, who come together to celebrate many events during the year along with various committees and social activities.

Attachments

1.            Confidential Memorandum to Councillors- Kiah  Wandella Community Hall Design EOI 2122-043 (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.

 

 

2.            EOI 2122-043 BVSC EOI tender evaluation stage1 (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.

 

 

3.            EOI 2122-043 BVSC EOI tender evaluation stage 2 (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.

 

 

4.         Community Hall Rebuild Community Engagement Report_EOI 2122-043

5.         Friends of  Kiah Hall Committee letter

6.         Wandella Hall CommitteeGeneral Meetingminutes 21 March 2022

 


Council

20 April 2022

Item 9.5 - Attachment 4

Community Hall Rebuild Community Engagement Report_EOI 2122-043

 

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Council

20 April 2022

Item 9.5 - Attachment 5

Friends of  Kiah Hall Committee letter

 

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Council

20 April 2022

Item 9.5 - Attachment 6

Wandella Hall CommitteeGeneral Meetingminutes 21 March 2022

 

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Council 20 April 2022

Item 9.6

 

9.6IPART Review of Domestic Waste Management Charges     

IPART is reviewing domestic waste management (DWM) charges levied by NSW local councils.

Director Assets and Operations  

Officer’s Recommendation

That Council endorse staff to prepare a submission on the review of domestic waste management charges, noting a copy will be provided to Councillors.

 

Executive Summary

In 2019 OLG informed IPART that it had ceased conducting audits of the reasonable cost basis of DWM charges in 2016–17. IPART decided it was necessary to investigate the level of DWM charges across NSW to help inform their future decisions on DWM charges.

IPART released a discussion paper in August 2020, and based on the submissions received from Councils and ratepayers, have released a draft report with the following actions proposed:

·    Establishment of an annual ‘benchmark’ waste peg;

·    Investigation and reporting of those Councils setting charges higher than the ‘benchmark’ waste peg;

·    Establishment of pricing principles to guide how DWM charges should be levied.

IPART are now seeking written submissions to the draft report.

Background

In May 2020, IPART initiated a review of the local government Domestic Waste Management (DWM) Charge after being informed that OLG had ceased auditing the reasonable cost basis of these charges in 2016-17. After surveying councils on DWM expenses and services for the 2017-18 and 2018-19 financial years as part of the 2019-20 Local Government Cost Index (LGCI), IPART found that DWM charges had risen significantly in recent years and that they vary significantly across councils and between similar councils. IPART was thus tasked with devising an approach to reduce variation in DWM charges and ensure value for money across councils based on transparent, reasonable, and efficient costs.

Proposed Approach 1: Rebalancing

In August 2020, after consultation with council stakeholders, IPART released a DWM charge review Discussion Paper, which proposed:

•     Benchmarking waste-related costs across Councils;

·    OLG to publish pricing principles in their Council Rating and Revenue Raising Manual on how to set DWM charges to ensure they reflect the costs of providing the service and best value for ratepayers;

·    Councils to rebalance DWM income and expenses with general rates in line with the pricing principles with the aim of shifting overheads not consistent with the pricing principles to general rates; and

•     Councils do annual reporting via a simple and streamlined spreadsheet.

Under this approach, councils would have a 2-year grace period to rebalance the DWM charge with general rates based on clear pricing principles. The general rates peg of 0.7% would be applied to the new level of general rates after rebalancing. Total council revenue would thus be unaffected as this would merely shift some costs from one journal to another. IPART would only regulate those councils by exception that exceed the average DWM charge after rebalancing by about 15%.

The concern with this proposed approach is that Council’s waste costs may vary significantly from benchmarked costs due to service level, density, demographics, and timing of service introductions compared to other councils, etc.

Proposed Approach 2: DWM charge peg

In December 2021 IPART released its DWM charge review draft report, which instead proposed:

·    Publishing annually a benchmark DWM charge peg (1.1% for 2022-23) that gives guidance on how much the reasonable costs of providing DWM services have changed over the previous year.

·    The DWM charge peg to be calculated based on a Waste Cost Index (WCI) based on a basket of 26 items taken from DWM expenditures in 2017-18 and 2018-19, IPART’s Local Government Cost Index (LGCI).

·    Publishing an annual report on councils that have increased their DWM charges beyond the annual peg, and those councils’ justifications for doing so.

·    OLG to publish pricing principles in their Council Rating and Revenue Raising Manual on how to set DWM charges to ensure they reflect the costs of providing the service and best value for ratepayers.

Under these draft recommendations, councils can voluntarily increase DWM charges beyond the 1.1% peg but must provide an explanation. These councils and their explanations would be published in a public IPART report the next year. Councils could also apply for a special rate variation to increase the DWM charge.

This approach would not allow a rebalancing between DWM charges and general rates, even if councils become aware of cost allocations that are not compliant with the updated pricing principles, without requiring a special rate variation.

Implications

The proposed peg approach has the following implications:

·    It incentivises councils to do as little as possible and to prioritise cost over innovation and delivering best-practice services.

•     Poses a significant barrier to delivery of council targets and the NSW Waste and Sustainable Materials Strategy (WaSM) targets.

•     Increases risk to the successful roll-out of new services.

•     The peg does not allow for the combination of CPI, the recent sudden rise in petrol prices, sudden changes in inflation, increases in the Local Government Award, or planned increases in the DWM charge already included in council’s financial model and LTFP/budgets.

•     Being named by IPART in an annual report for raising the DWM charge above the peg risks a community and media backlash.

•     Bega Valley Shire Council has already consulted with the community as part of our strategic planning and identified a strong community expectation for higher resource recovery and, in many cases, a willingness to pay for additional services.

•     As more councils inevitably exceed the voluntary peg, pressure will build on IPART to make the voluntary peg mandatory – something we want to avoid.

•     Pricing principle #4, which proposes that capital costs for DWM services be recovered over the life of the asset, suggests that Councils such as Bega will have to borrow money to pay for capital upfront and disburse the additional burden of interest on repayments onto ratepayers.

IPART has stated that taking no action is not an option, and are seeking submissions to their draft report, asking specifically:

1.    Will an annual ‘benchmark’ waste peg assist council in setting their DWM charges?

2.    Will pricing principle assist councils to set DWM charges to achieve best value for ratepayers?

3.    Would it be helpful to councils if further detailed examples were developed to include in OLG’s Council Rating and Revenue Raising Manual to assist in implementing pricing principles?

Southern Sydney Regional Organisation of Councils (SSROC) hosted a webinar on 22nd March 2022, entitled WaSM vs the Peg: the dilemma for NSW councils. There were over 200 representatives in attendance including from local government, ROCs, and Local Government NSW.  The general consensus position based on discussions with councils seems to be consistent with the premise that, if given the choice between the two approaches, benchmarking & rebalancing are preferred to the voluntary peg.

LGNSW are currently drafting a position statement, as are most ROCs. The Canberra Region Joint Organisation (CRJO) has also written to the General Managers/CEOs of member Councils, requesting feedback to support the preparation for a submission to IPARTs review.

Councils Waste Services Manager has already provided some feedback to the CRJO, focusing on the implications above, and advocating a strong preference to avoid a peg.

The opportunity for submissions closes on 28th April 2022.

Options

All aspects of the draft report are open for discussion, with a summary of the proposed actions listed above. Feedback has already been provided to the Canberra Region Joint Organisation as part of a regional submission on behalf of its members.

Community and Stakeholder Engagement

Council consulted extensively throughout the preparation of its adopted local waste strategy Recycling our Future, which encapsulates the community’s objectives for the environment, sustainability through improved waste management. A key action that has emerged through this strategic review process is for “Council to review investing greater operating and capital funds into developing larger and busier sites to both minimise their environmental impact and increase recycling, resource recovery and diversion of waste from landfill”. However, there was no indication at the time that revenue from waste charges could potentially be capped, and this proposal by IPART has not been well communicated to the public.

Financial and Resource Considerations

An annual benchmark DWM charge peg poses a significant barrier to delivery of council targets and the NSW Waste and Sustainable Materials Strategy targets. A peg, especially one set at 1.1% as proposed by IPART, does not allow for the combination of CPI, the recent sudden rise in fuel prices, sudden changes in inflation, wage increases in the Local Government Award, or planned increases in the DWM charge already included in council’s financial model and LTFP/budgets, and can therefore potentially inflict greater financial burden on the remainder of Council’s business.

In the financial year commencing 1st July 2022, the 30-year financial model for waste services projects an increase in revenue of at least 3% (including through the domestic waste management charge). Some fees and charges are expected to increase well above 3% from 1st July, to achieve cost recovery for processing in select waste streams, and to support delivery of key initiatives such as a strategy for recovery and diversion of commercial and industrial waste.

It is well understood that Council needs to improve transparency around how it accounts for funds levied under the Domestic Waste Management charge. Pricing principles and greater definition around the application of charges under the Act will aid staff in improving how budgets and the 30-year financial model for waste services are structured.

Legal /Policy

Under the provisions of the Local Government Act 1993 (s. 496 and 501), and associated Regulations, Councils are required to ensure that their DWM charges are calculated so as not to exceed the reasonable cost to the council of providing DWM services.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Waste charges and associated revenue contributed over $9 million towards council’s total revenue each year and is essential in funding provision of services and strategic objectives and priorities as identified in the Community Strategic Plan (CSP), the Delivery and Operational Plan, and Council’s Waste Strategy.

Sustainable long-term service delivery is a key theme in Council’s CSP, and to support this, Council’s Waste Strategy Working Group indicated that ‘user pays’ and ‘full cost recovery’ principles be developed to guide delivery of waste services.

In 2021, the NSW Government released the 20-year Waste and Sustainable Materials Strategy, which outlines the government actions to deliver on long term objectives for a circular economy in the waste industry. The strategy proposes significant investment in technology, infrastructure, and education to achieve diversion and reduction targets. However, the current approach to the Local Government Cost Index that determines the rate peg is that it does not cover any service enhancement or the introduction of new services. If IPART takes the same approach to the domestic waste charge, then Councils will not be able to introduce the new services envisaged in the Waste Strategy.

Environment and Climate Change

Revenue levied through waste charges not only aids Council in delivering waste services to the community, but also contributes towards minimising the impacts of waste and waste operations on the environment. Waste reduction, diversion and education initiatives are all partly or wholly funded by revenue acquired through waste charges, in addition to waste-related funding programs and projects which are supported by the NSW Waste levy.

Introduction of a benchmark peg has potential to severely restrict incoming revenue and therefore Council’s ability to deliver on projects and initiatives that help minimise Council’s environmental footprint.

Economic

While ratepayers would generally appreciate smaller increases (if any) in domestic waste charges, this from a longer-term perspective would leading to a greater cost burden. Less or no investment in waste diversion, recovery and minimisation programs means an ongoing reliance on landfill as a waste management solution – a more expensive and far less sustainable practice.

Risk

Tighter regulation of waste charges levied under the Act represents a significant financial risk to Council in terms of our capacity to continue to fund the provision of waste services to the community, in addition to delivering on those strategies required to meet local, state and federal targets for waste diversion.

Social / Cultural

Waste education programs, including those run through Bournda Environmental Education centre, as well as Council’s waste grants and donations, are all at risk if revenue charging restrictions are introduced by IPART.

Attachments

1.         IPART Review of Domestic Waste Management Charges
Draft Report

 


Council

20 April 2022

Item 9.6 - Attachment 1

IPART Review of Domestic Waste Management Charges / Draft Report

 

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Council

20 April 2022

 

 

Staff Reports – Business and Governance

 

20 April 2022

 

10.1            Certificate of Investment February 2022.......................................................... 480

10.2            Certificate of Investment March 2022.............................................................. 486

10.3            Policy review schedule...................................................................................... 492

10.4            Payment of Councillor Superannuation............................................................ 503

10.5            Review of Council's Code of Meeting Practice.................................................. 507

10.6            Policy 6.24 Disposal of Assets (Other than Land & Buildings).......................... 547

10.7            Disclosures Of Interest by Councillors following 2021 Local Government Election       556

10.8            Australian Local Government Association (ALGA) 2022 National General Assembly     559


Council 20 April 2022

Item 10.1

 

10.1. Certificate of Investment February 2022     

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

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the report on Council’s investment position as at 28 February 2022.

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

 

Executive Summary

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

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

On 28 February 2022; total capital value of investments is $111,192,234.93 with 85.49% of Council’s investment portfolio directed to term deposits. The remainder held is held in cash deposit accounts. Council has received year to date interest income of $119,344 that is 51% of budgeted amount. Government grant debtors is $4,726,008.

Background

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

Options

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

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

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

Financial and Resource Considerations

A list of Councils cash and investments held at 28 February 2022 is detailed below.

Issuer

Rating

Type

Purchase Date

Maturity Date

Rate

(%)

Capital Value ($)

Commonwealth Bank At call

A-1+

CASH

-

-

0.20

10,000,000.00

Commonwealth Bank Operating

A-1+

CASH

-

-

0.10

8,127,756.95

NSW T-Corp IM

Cash Fund

A-1+

CASH

-

-

-

437,841.63

NSW T-Corp IM Strategic Cash Fund

A-1+

CASH

-

-

-

126,636.35

AMP Bank

A-2

TD

03/02/2022

30/12/2022

1.10

5,000,000.00

AMP Bank

BBB

TD

03/02/2022

02/08/2023

1.35

5,000,000.00

BOQ

A-2

TD

10/02/2022

15/12/2022

0.75

5,000,000.00

BOQ

BBB+

TD

10/02/2022

16/03/2023

0.96

5,000,000.00

Commonwealth Bank

A-1+

TD

10/01/2022

11/03/2022

0.23

10,000,000.00

Commonwealth Bank

AA-

TD

10/02/2022

16/05/2024

1.65

5,000,000.00

Commonwealth Bank

AA-

TD

10/02/2022

15/08/2024

1.75

5,000,000.00

Members Equity Bank

A-2

TD

19/01/2022

21/07/2022

0.60

2,500,000.00

Members Equity Bank

A-2

TD

08/02/2022

11/08/2022

0.60

5,000,000.00

Members Equity Bank

A-2

TD

17/01/2022

17/11/2022

0.70

2,500,000.00

NAB

A-1+

TD

17/01/2022

19/04/2022

0.43

5,000,000.00

NAB

A-1+

TD

19/01/2022

19/05/2022

0.46

5,000,000.00

NAB

AA-

TD

10/02/2022

14/12/2023

1.43

5,000,000.00

NAB

AA-

TD

17/01/2022

17/01/2024

1.25

2,500,000.00

Westpac

A-1+

TD

08/02/2022

09/02/2023

0.86

5,000,000.00

Westpac

AA-

TD

10/02/2022

11/05/2023

1.00

5,000,000.00

Westpac

AA-

TD

08/02/2022

08/02/2024

1.59

10,000,000.00

Westpac

AA-

TD

08/02/2022

10/02/2025

2.00

5,000,000.00

Total Cash and Investments

111,192,234.93

 

Year to date interest Income

$119,344

Budgeted Interest for 2021/22 financial year

$232,437

Percentage of the 2021/22 budget received

51%

 

The investment interest income earned by council has been relatively low up till this period. It is worth noting by council extending the length of term deposit, it has significantly increased the amount of investment income earned for the month ($57,521).

Council’s investment portfolio is largely directed towards term deposits (85.49%). The remainder of the portfolio is held in very low yielding cash deposit accounts with CBA and TCorp (14.51%). With planned improvements we expect to achieve at least the budget result, a further review will be completed in conjunction with Councils March Quarterly Budget review Statement (QBRS).

Council’s investments remain sufficiently liquid with over 55% of investments maturing within 12 months.

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

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

Council’s current investments exceed the RBA 3-month deposit average for February 2022 of 0.05%.

Table 1: Investments by Fund $’000

Fund

December-2021

January-2022

February-2022

General Fund

39,170

38,408

41,062

Water Fund

22,987

24,590

24,397

Sewer Fund

41,288

41,294

42,733

TOTAL

103,445

104,292

108,192

 

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

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

The following table provides details of all funds by restrictions:

Source of Funds

Value

Total Cash and Investments

$108,192,234

External Restrictions **

$53,520,880

Internal Restrictions **

$6,604,151

Unrestricted funds

$48,067,203

**    The table above reflects the expected 30 June 2022 level of restrictions reported in the December QBRS report. The QBRS was included in the business paper for the Ordinary Meeting of Council on 9 February 2022 and subsequently adopted.

The value of outstanding Government Grant Debtors on 28 February 2022 is $4,726,008.

Legal /Policy

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

6:                  Strong, Consultative Leadership

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

6.12.5:        Improve the provision of corporate financial services

Environment and Climate Change

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

Economic

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

Risk

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

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

ME Bank has formally relinquished its ADI licence and they are now a division of Bank of Queensland. The credit rating by S&P remains unchanged at BBB+ (long-term) and A-2 (short-term). The below graphs all show that we are still compliant after this change.

 

Legend:           Compliant                               Non-Compliant

 

 

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

Social / Cultural

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

Attachments

Nil

 


Council 20 April 2022

Item 10.2

 

10.2. Certificate of Investment March 2022     

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

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the report on Council’s investment position as at 31 March 2022.

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

 

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council (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.  Council’s Investments are in accordance with Councils counterparty, credit and maturity requirements.

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

On 31 March 2022; total capital value of investments is $103,606,830 with 87% of Council’s investment portfolio directed to term deposits. The remainder held is held in cash deposit accounts. Council has received year to date interest income of $202,984 that is 87% of budgeted amount. Government grant debtors is $3,478,332.

Background

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

Options

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

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

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

Financial and Resource Considerations

A list of Councils cash and investments held at 31 March 2022 is detailed below.

 

Issuer

Rating

Type

Purchase

Maturity

Rate

Capital Value

Commonwealth Bank

At Call

A-1+

CASH

31/03/2022

31/03/2022

0.20

7,000,000.00

Commonwealth Bank

Operating

A-1+

CASH

31/03/2022

31/03/2022

0.10

6,042,666.30

NSW T-Corp IM

Strategic cash fund

A-1+

CASH

31/03/2022

31/03/2022

0.00

126,636.35

NSW T-Corp IM

Cash fund

A-1+

CASH

31/03/2022

31/03/2022

0.00

437,527.64

NAB

A-1+

TD

17/01/2022

19/04/2022

0.43

5,000,000.00

NAB

A-1+

TD

19/01/2022

19/05/2022

0.46

5,000,000.00

Members Equity Bank

A-2

TD

19/01/2022

21/07/2022

0.60

2,500,000.00

Members Equity Bank

A-2

TD

08/02/2022

11/08/2022

0.60

5,000,000.00

NAB

A-1+

TD

11/03/2022

15/09/2022

0.72

2,500,000.00

Members Equity Bank

A-2

TD

17/01/2022

17/11/2022

0.70

2,500,000.00

BOQ

A-2

TD

10/02/2022

15/12/2022

0.75

5,000,000.00

AMP Bank

A-2

TD

03/02/2022

30/12/2022

1.10

5,000,000.00

NAB

A-1+

TD

11/03/2022

11/01/2023

0.97

5,000,000.00

Westpac

A-1+

TD

08/02/2022

09/02/2023

0.86

5,000,000.00

BOQ

A-2

TD

10/02/2022

16/03/2023

0.96

5,000,000.00

Westpac

AA-

TD

10/02/2022

11/05/2023

1.00

5,000,000.00

AMP Bank

BBB

TD

03/02/2022

02/08/2023

1.35

5,000,000.00

NAB

AA-

TD

10/02/2022

14/12/2023

1.43

5,000,000.00

NAB

AA-

TD

17/01/2022

17/01/2024

1.25

2,500,000.00

Westpac

AA-

TD

08/02/2022

08/02/2024

1.59

10,000,000.00

Commonwealth Bank

AA-

TD

10/02/2022

16/05/2024

1.65

5,000,000.00

Commonwealth Bank

AA-

TD

10/02/2022

15/08/2024

1.75

5,000,000.00

Westpac

AA-

TD

08/02/2022

10/02/2025

2.00

5,000,000.00

Total Cash and Investments                                                                                               $103,606,830.29

 

Interest earned for March 2022

$83,640

Year to date interest earned

$202,984

Budgeted Interest for 2021/22 financial year

$232,437

Percentage of the 2021/22 budget earned by council

87%

 

Council’s investment portfolio is largely directed to term deposits (87%). The remainder of the portfolio is held in very low yielding cash deposit accounts with CBA and TCorp (13%).

Council’s investments remain sufficiently liquid with over 60% of investments maturing within 12 months.

T-Corp Strategic Cash Fund and T-Corp Cash Fund has been producing a negative result since September 2021, which has significantly reduced Council’s investment income. To address the loss in the T-Corp investments, the investments held with them were reduced in November 2021.

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

Council’s current investments exceed the RBA 3-month deposit average for March 2022 of 0.05%.

 

Table 1: Investments by Fund $’000

Fund

January-2022

February-2022

March-2022

General Fund

38,408

41,062

36,149

Water Fund

24,590

24,397

24,693

Sewer Fund

41,294

42,733

42,765

TOTAL

104,292

108,192

103,607

 

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.

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

The following table provides details of all funds by restrictions:

Source of Funds

Value

Total Cash and Investments

$103,606,830

External Restrictions **

$53,520,880

Internal Restrictions **

$6,604,151

Unrestricted funds

$43,481,799

**    The table above reflects the expected 30 June 2022 level of restrictions reported in the December QBRS report. The QBRS was included in the business paper for the Ordinary Meeting of Council on 9 February 2022 and subsequently adopted.

The value of outstanding Government Grant Debtors on 31 March 2022 is $3,478,332.42.

Legal /Policy

Section 625 of the Local Government 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 current Ministerial Order of Investment was published 17 February 2011.

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

6:                  Strong, Consultative Leadership

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

6.12.5:        Improve the provision of corporate financial services

Environment and Climate Change

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

Economic

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

Risk

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

The policy details investment risk management requirements. This includes that our investments are made with regard to key criteria of counterparty compliance, credit quality compliance and maturity compliance. The following graphs shows that we are compliant with these requirements.

ME Bank has formally relinquished its ADI licence and they are now a division of Bank of Queensland. The credit rating by S&P remains unchanged at BBB+ (long-term) and A-2 (short-term). The below graphs all show that we are still compliant after this change.

 

Legend -           Compliant                              Non-Compliant

 

 

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

Social / Cultural

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

Attachments

Nil

 


Council 20 April 2022

Item 10.3

 

10.3. Policy review schedule     

This report presents a proposed review schedule for Council policies in 2022.

Director Business & Governance  

Officer’s Recommendation

1.    That council receive and adopt the 2022 policy review schedule.

2.    That council undertake a formal review of its policy documents as per the proposed schedule.

3.    That council place draft policies on public exhibition for a period of 28 days as per the proposed schedule.

4.    That council receive and consider all submissions for a period of 42 days.

5.    That final versions of policy documents are presented back to council before being adopted.

 

Executive Summary

Council is required under Section 165 of the Local Government Act 1993 to review and adopt its ‘local approvals and orders policies’ (its ‘policies’) within 12-months of the local government election.  This report proposes a schedule of review for the currently adopted policies. New or amended policies will be incorporated into the proposed schedule. A staggered approach has been recommended by splitting the policies into five (5) batches.

Background

Council currently has 63 adopted policies.

Under the Act, councils’ and county councils’ local approvals and orders policies (“policies”) are automatically revoked 12 months after each ordinary election unless adopted after the election.

Councils and county councils are required to review their existing policies after the election to ensure that are current and fit for purpose.  If the policies are still required and the council proposes to adopt them with or without amendment, it must first exhibit the draft policy for at least 28 days and invite submissions for a period of 42 days.

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

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

To facilitate the review process, currently adopted policies will be reviewed in five (5) batches.

The attached ‘policy review schedule 2022’ provides specific details pertaining to:

·    Dates the content of currently adopted policies will be reviewed.

·    Following review, dates the draft (proposed) policies will be presented to Council for public exhibition.

·    Dates the draft policies will be placed on public exhibition.

·    Dates the final version of policies will be presented back to Council for adoption.

Options

To complete the policy review of Council the following options are provided:

a)    Endorse the proposed schedule attached to this report (recommended), or

b)    vary the proposed schedule, either by amending the timing or batches of policies reviewed, or

c)    place draft policies on public exhibition and if no submissions received, adopt the policy (this option means Council will only review the draft policy once before exhibition), or

d)    identify and revoke Council policies that will not require a review or future consideration for adoption and remove them from the proposed schedule, or

e)    a combination of the above option b-d  

Community and Stakeholder Engagement

In accordance with Section 165 of the Local Government Act 1993, Council will place draft policies on public exhibition for the required 28-day period.  Members of the community will be invited to make submissions on the draft policies for a period of 42 days.

Submissions received during the public exhibition period will be considered when presenting the final version of policies to Council for adoption.

Engagement undertaken

Council’s leadership group, including the Chief Executive Officer (CEO), Directors, and Managers were engaged during the preparation of the 2022 policy review schedule.

Engagement planned

All draft policies will be placed on public exhibition for a period of 28 days as per the policy review schedule attached. Draft policies will be exhibited on the ‘Have your say’ page on Council’s website.  Members of the community will be able to provide their submissions for a period of 42-days.

Financial and Resource Considerations

There are no planned budget allocations or additional budget required with regard to this report.

Legal /Policy

The 2022 policy review schedule is presented to Council in accordance with Section 165 of the Local Government Act 1993. The schedule has been developed in accordance with Council’s currently adopted governance policy.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2022 policy review schedule and the review of policy content will contribute to Council achieving goal 12 within the Community Strategic Plan (CSP), which states ‘we are financially sustainable, and services and facilities meet community need’.

The review of policies will also ensure Council meets obligations within its delivery and operational plans, specifically relating to:

·    6.12.3 – Oversee business and governance services, programs, and finances

·    6.12.3.3 – Review policies and procedures for consideration by new Council

Environment and Climate Change

There are no environment and climate change matters relating to the content of this report.

Economic

There are no economic and climate change matters relating to the content of this report.

Risk

There is a legal risk associated with the content of this report. 

Section 165 of the Local Government Act 1993 requires Council to review is policies within 12-months of the council election.  The implementation of the proposed policy review schedule will ensure the requirements under the Act are met.

Social / Cultural

The policy review schedule will enable council to meet its social and cultural obligations by providing opportunity for internal and external stakeholders to contribute to the review of its policy content.

Attachments

1.         Policy review schedule 2022

 


Council

20 April 2022

Item 10.3 - Attachment 1

Policy review schedule 2022

 

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Council 20 April 2022

Item 10.4

 

10.4. Payment of Councillor Superannuation     

Consideration of payment of Councillor Superannuation on Councillor allowances.

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the provisions of the Local Government Amendment Act 2021 regarding Councillor superannuation payments.

2.    That Bega Valley resolves to commence payment of Councillor superannuation contributions from 1 July 2022.

3.    That the cost of the contributions be included in Council’s draft budget for FY2023 that is subsequently placed on public exhibition.

 

Executive Summary

Following an amendment to the Local Government Act 1993 (the Act) in 2021, Councils may make payments as a contribution to a superannuation account nominated by their Councillors, from 1 July 2022.

Superannuation contribution payments for councillors is optional and at the discretion of each council. A resolution of Council is required to formalise the decision to commence the payment of superannuation for councillors or continue with the status quo.

Background

At the 30 June 2021 Council meeting it was noted that legislation was passed in Parliament to introduce superannuation payments for Councillors in NSW under the Local Government Amendment Act 2021.

This legislation provides the option for Councils to make superannuation payments to Mayors and Councillors, in addition to their annual fees, from July 2022. The consideration for Councillor Superannuation is a decision by resolution of the Council and needs to be considered when preparing the FY2023 budget.

Should Council resolve to make superannuation contribution payments for its councillors, the amount of the payment is to be the amount the Council would have been required to contribute under the Commonwealth Superannuation Guarantee (Administration) Act 1992 as superannuation if the councillors were employees of the council.

•     As of 1 July 2022, the superannuation guarantee rate will be 10.5%.

•     The rate will increase by half a percent each year until 1 July 2025 when it reaches 12%.

If Council resolves to support making the payments, funds will need to be allocated in the FY2023 budget.

Options

Should Council resolve to make Superannuation payments for Councillors,

•     The superannuation contribution payment is to be paid at the same intervals as the annual fee is paid to councillors (monthly in arrears).

•     To receive a superannuation contribution payment, each councillor must first nominate a superannuation account for the payment before the end of the month to which the payment relates. The superannuation account nominated by councillors must be an account for superannuation or retirement benefits from a scheme or fund to which the Commonwealth Superannuation Guarantee (Administration) Act applies.

•     Councils must not make a superannuation contribution payment for a councillor if the councillor fails to nominate an eligible superannuation account for the payment before the end of the month to which the payment relates.

•     Individual councillors may opt out of receiving superannuation contribution payments or receive reduced payments. Councillors must do so in writing.

Community and Stakeholder Engagement

Engagement undertaken

This report is a result of legislative amendment and therefore no community engagement has been undertaken by Bega Valley Shire Council regarding superannuation payments for Councillors.

A Councillor Superannuation - Discussion Paper was  produced by the Office of Local Government (OLG) in March 2020 and submissions were called for at that time.

Engagement planned

Community engagement will be undertaken as part of the wider consultation required for exhibition and adoption of Council’s budget for FY2023.

Financial and Resource Considerations

In NSW, the remuneration received by mayors and Councillors is independently set by an expert tribunal, the Local Government Remuneration Tribunal.

Under section 241 of the Local Government Act, the Tribunal is required to determine, no later than 1 May in each year, for each of the categories determined under section 239, the maximum and minimum amount of fees to be paid to mayors and Councillors of councils, as well as chairpersons and members of county councils.

Council is required to annually resolve the fees to be paid to Councillors and the Mayor within the maximum and minimum determination each financial year. Council has made a provisional estimate based on the 2022 maximum allowance provided by the tribunal and applied an indexation of 2.5% for the draft FY2023 budget estimate.

A budget of 10.5% superannuation payment for all Councillors in FY2023 would be approximately $25,000.

Legal /Policy

The Local Government Amendment Act 2021 introduced the capacity to allow payment of Councillor Superannuation contributions from 1 July 2022.

An additional section under Division 5 – What fees, expenses and facilities may be paid or provided to Councillor has been added to the Local Government Act:

LOCAL GOVERNMENT ACT 1993 - SECT 254B

Payment for superannuation contributions for Councillors

(1)  A council may make a payment (a "superannuation contribution payment") as a contribution to a superannuation account nominated by a councillor, starting from the financial year commencing 1 July 2022.

(2)  The amount of a superannuation contribution payment is the amount the council would have been required to contribute under the Commonwealth superannuation legislation as superannuation if the councillor were an employee of the council.

(3)  A superannuation contribution payment is payable with, and at the same intervals as, the annual fee is payable to the councillor.

(4)  A council is not permitted to make a superannuation contribution payment--

(a)  unless the council has previously passed a resolution at an open meeting to make superannuation contribution payments to its ouncillors, or

(b)  if the councillor does not nominate a superannuation account for the payment before the end of the month to which the payment relates, or

(c)  to the extent the councillor has agreed in writing to forgo or reduce the payment.

(5)    The Remuneration Tribunal may not take superannuation contribution payments into account in determining annual fees or other remuneration payable to a mayor or other councillor.

(6)    A person is not, for the purposes of any Act, taken to be an employee of a council and is not disqualified from holding civic office merely because the person is paid a superannuation contribution payment.

(7)    A superannuation contribution payment does not constitute salary for the purposes of any Act.

(8)    Sections 248A and 254A apply in relation to a superannuation contribution payment in the same way as they apply in relation to an annual fee.

(9)    In this section--
"Commonwealth superannuation legislation" means the
Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.
"superannuation account" means an account for superannuation or retirement
benefits from a scheme or fund to which the Commonwealth superannuation legislation applies.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Should Council resolve to commence payment of superannuation payments for Councillors the financial impacts will be included in the FY2023 Budget and Operational Plan.

Environment and Climate Change

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

Economic

There are no negative economic benefits or impacts associate with this report.

Risk

The annual Integrated Planning and Reporting (IPR) and budget development process provides transparency and accountability into the financial management and forward planning of Council in a way that mitigates strategic and operational risk.

Social / Cultural

The Office of Local Government (OLG) discussion paper provides three key reasons that Mayors and Councillors should receive superannuation payments in addition to their fees as follows:

•     it will ensure that mayors and councillors are adequately remunerated for the performance of their duties

•     it will address a historic anomaly that has seen mayors and councillors denied the benefit of superannuation guarantee payments enjoyed by the broader workforce, and

•     it is hoped it will encourage more women to stand as candidates for election to councils.

Attachments

Nil

 


Council 20 April 2022

Item 10.5

 

10.5. Review of Council's Code of Meeting Practice     

Review of Council’s Code of Meeting Practice (Procedure 6.02.02) to include amendments to align with the Office of Local Government (OLG) new Model Code of Meeting Practice for Local Councils in NSW (Model Meeting Code).

Director Business & Governance  

Officer’s Recommendation

1.      That Council endorse the amendments in draft Policy 6.02 Behaviour of Councillors and Staff – Procedure 6.02.02 Code of Meeting Practice

2.      That Procedure 6.02.02 Code of Meeting Practice be exhibited for a period of at least 28 days and that submission be received for 42 days.

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

4.    That Council’s website page “Petitions” be updated to provide easily accessible           information to the community.

 

Executive Summary

The Office of Local Government (OLG) provides a Model Code of Meeting Practice as a recommended guideline for Councils. The OLG updated the Model Code in October 2021. Key changes are summarised in OLG circular 21-35 / 29 October 2021 / A796782

Mandatory provisions in the model code must be adopted by Councils within 12 months of the local government elections.  If Council’s wish to continue to allow Councillors to attend meetings by audio-visual link, they must adopt relevant clauses by 30 June 2022.

Bega Valley Shire Council adopted version 11 of its Code of Meeting Practice, based on the Model Code in March 2020.  A supporting document Procedure 6.02.02a – Code of Meeting Practice Pandemic Amendments was also adopted in 2020.  That document will be superseded by the changes implemented by the OLG.

The attached draft includes the OLG updates, as well as re-instating information on how the community can lodge a petition with Council.

Background

The OLG conducted extensive consultation prior to finalising a new Model Code of Meeting Practice for Local Councils in NSW (Model Meeting Code).  The Model Meeting Code has been published in the Government Gazette and prescribed under the Local Government (General) Regulation 2021.

The new OLG Model Meeting Code contains new provisions that allow councils to permit individual councillors to attend meetings by audio-visual link and to hold meetings by audio-visual link in the event of natural disasters or public health emergencies. The provisions governing attendance at meetings by audio- visual link are non-mandatory. Councils can choose not to adopt them or to adapt them to meet their own needs.  The clause has been included in the Draft Bega Valley Code of Meeting Practice attached to this report.

Amendments have also been made to the provisions governing the webcasting of meetings and disorder at meetings to reflect amendments to the Regulation since the previous iteration of the Model Meeting Code was prescribed.

An amendment has also been made to the Model Meeting Code implementing recommendation 6 in ICAC’s report in relation to its investigation of the former Canterbury City Council (Operation Dasha). ICAC recommended that the Model Meeting Code be amended to require that council business papers include a reminder to councillors of their oath or affirmation of office, and their conflict-of-interest disclosure obligations.

Options

The OLG Model Meeting Code has two elements:

·    mandatory provisions.

·    non-mandatory provisions covering areas of meeting practice that are common to most councils but where there may be a need for some variation in practice between councils based on local circumstances. The non-mandatory provisions also operate to set a benchmark based on what OLG sees as best practice for the relevant area of practice.

·    Councils may also include additional supplementary clauses to meet their own local circumstances.

Bega Valley Council’s Code of Meeting Practice includes all OLG recommendations.  The OLG Model Meeting Code is available on OLG’s website here

Information about how to lodge petitions with Council had been included in past meeting codes and has been reinstated as a supplementary clause to provide clear guidelines for the community.

Community and Stakeholder Engagement

Under section 361 of the Local Government Act 1993, before adopting a new code of meeting practice, councils must first exhibit a draft of the code of meeting practice for at least 28 days and provide members of the community at least 42 days in which to comment on the draft code.  

Engagement undertaken

Governance staff have consulted with other Councils about how they manage lodgement of petitions with Council, to ensure consistency with industry practice.

Engagement planned

The draft Bega Valley Shire Council Code of Meeting Practice will be exhibited on Council’s website using the “Have Your Say” page for 42 days to allow community submissions to be received.

Financial and Resource Considerations

Work undertaken by staff in preparing draft documents, exhibition and distribution forms part of the day-to-day duties and does not require additional budget allocation.

Legal /Policy

Councils must adopt a code of meeting practice that incorporates the mandatory provisions of the Model Meeting Code within 12 months of the local government elections. A council’s adopted meeting code must not contain provisions that are inconsistent with the mandatory provisions.

The repeal date for section 237 of the Regulation which exempts councils from the requirement under clause 5.2 of the previous iteration of the Model Meeting Code for councillors to be personally present at meetings in order to participate in them has been extended to 30 June 2022. This is to allow councils additional time to exhibit and adopt new codes of meeting practice containing provisions allowing attendance by audio-visual link at meetings. If councils have not adopted a new meeting code that allows councillors to attend meetings by audio-visual link, they will not be permitted to do so after that date.

Councils and committees of councils of which all the members are councillors, must conduct their meetings in accordance with the code of meeting practice adopted by the council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of this procedure aligns with the following FY2022 Delivery Program and Operational Plan activities:

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

6.11.8:  Develop and implement good governance systems

6.12.3:  Review policies and procedures for consideration by new Council

Environment and Climate Change

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

Economic

There are no economic impacts related to this report.

Risk

Adoption of a Code of Meeting Practice that aligns with the OLG Model Code ensures Council complies with all mandatory requirements as required under the Local Government Act 1993 and follows local government best practice.

The document provides clear guidelines for Council and the community on how Council and committee meetings should be conducted.

The document aligns with Council’s Code of Conduct.

Social / Cultural

The Code of Meeting practice informs the community on how Council meetings are conducted.  It provides information to the community on how they can present formally to Council about matters on a Council agenda or to raise issues for Council consideration.

Attachments

1.         DRAFT Policy 6.02 Behaviour of Councillors and Staff - Procedure 6.02.02 Code of meeting Meeting Practice v 12

 


Council

20 April 2022

Item 10.5 - Attachment 1

DRAFT Policy 6.02 Behaviour of Councillors and Staff - Procedure 6.02.02 Code of meeting Meeting Practice v 12

 

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Council 20 April 2022

Item 10.6

 

10.6. Policy 6.24 Disposal of Assets (Other than Land & Buildings)     

Provide a summary of feedback received during public exhibition of the Disposal of Assets Policy (Other than Land and Buildings) and seek adoption by Council.

Director Business & Governance  

Officer’s Recommendation

1.    That Council notes the two (2) items of feedback received during the Public exhibition of the draft Policy 6.24 Disposal of Council Assets (Other than Land & Buildings).

2.    That Council adopts the Policy 6.24 Disposal of Council Assets (Other than Land & Buildings) with the minor amendments made, including:

         a) Amend “Sale using a Council controlled platform (Such as VendorPanel or eBay)” to read “Sale through an official Council account on an external platform (such as VendorPanel or eBay)”

        b) Include the word “Sale” to the line “Gift or donation to Charitable or Community Organisations”.

3.    That Council notes that other suggestions contained within the two items of feedback will be incorporated into the organisational procedures that support the implementation of the policy.

 

Executive Summary

At the Council meeting held 9 February 2022, Council endorsed in principle the implementation of a formal policy relating to the Disposal of Assets (Other than Land and Buildings) “the policy”. The draft policy was developed following consultation with staff and review of similar policies and procedures at other NSW Councils.

Following the endorsement by Council, the draft Policy was placed on exhibition for a period of 28 days. During this period Council received two submissions providing comments relating to the draft Policy.

As with all Council Policies, this policy will be supported by accompanying procedure/s which provide detailed guidelines associated with implementation of the policy and will be subject to regular review and approval by senior staff. Throughout the process of developing the procedure, staff will include the feedback provided from the two public submissions to the policy.

Background

Like all Public sector agencies, Council is required to dispose of depreciated, redundant or excess goods, property and other stock. These assets are public resources and, even if redundant or depreciated, usually still have monetary value for the Council. In some cases, income from disposal can be significant. Disposing of goods consequently requires careful planning and needs to be conducted in a way that obtains value for money for the agency but reduces opportunities for fraud or corrupt conduct.

In 2021 Council’s Procurement & Contracts staff undertook research relating to best practice in the area of Local Government Asset Disposal and developed a Draft Asset Disposal Policy and Procedure.

Following staff consultation and the election of Councillors in December 2021, the policy was presented to Council on 9 February 2022. In principle support was provided to undertake the process of public exhibition with the intention of adopting the policy.

During the exhibition period, Council received two submissions via the “Have your say” portal on the Bega Valley Shire Council website. These two comprehensive feedback items provided Council with valuable suggestions and staff have identified that in line with these, two minor wording changes should be made to the Policy and the remainder of the suggestions will best be suited for consideration during the development of the accompanying Procedure, which captures much more detail.

Options

Following public exhibition, Council can adopt Policy 6.24 Disposal of Council Assets (Other than Land & Buildings) attached to this report noting the amendments made as a result of community feedback or;

Recommend any adjustments to the policy that can be included in the policy prior to adoption.

Community and Stakeholder Engagement

Engagement undertaken

When developing the draft policy consideration was given to best practice at other Council’s across New South Wales.

Staff across many Council service areas were consulted, with a significant period of time provided for feedback. This was undertaken to ensure the draft policy would meet the needs of the organisation.

Council had been approached by third parties to purchase unwanted goods from Council. This was a key input into the review of existing policies and ultimately the development of this standalone, draft policy.

Following the Council’s 9 February 2022 Draft Policy 6.24 Disposal of Council Assets (Other than Land & Buildings) was placed on exhibition for a period of 28 days with an opportunity to receive public submissions for 42 days.

Two submissions were received during the exhibition period. The submissions received made  valuable suggestions that have resulted in recommended changes to the draft policy and will play an important role in the development of the associated organisational procedure/s that supports this policy.

Engagement planned

The public exhibition concludes the engagement process for the policy. Suggestions gathered through this will be considered during the development of associated procedures supporting the policy.

Financial and Resource Considerations

Adoption of the policy will not result in any additional costs to Council. It will however ensure that Council assets are disposed of in the most efficient manner. In some instances, revenue from the sale of unwanted goods may be achieved.

Legal /Policy

Development of this draft policy and the exhibition process is in accordance with the following:

•             Local Government Act 1993

•             Department of Local Government (DLG) Tendering Guidelines for NSW Local Government

The draft policy will complement the provisions contained in Bega Valley Shire Council Policy 6.08 Procurement of Assets and Services.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of this procedure aligns with the following FY2022 Delivery Program and Operational Plan activities:

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

6.11.8:  Develop and implement good governance systems

6.12.3:  Review policies and procedures for consideration by new Council

Environment and Climate Change

The Policy encourages reuse of items in other Council areas and the sale of items through various mechanisms, including Tip Shops and auctions. This in turn extends the operatable life of the item and minimises unnecessary disposal in landfills. Reuse of items, reduces the need to manufacture new ones. This draft policy enables us to make a positive contribution towards activities that impact climate change.

Economic

The Policy encourages the re-use of items elsewhere within Council which extends the economical lifespan of items within Council.

Another objective is that the Policy encourages the sale of items to the community where there is no further use within Council. This provides Council with the opportunity to obtain some financial reimbursement at the time of disposal.

Risk

The policy is aimed at supporting disposal activities which will reduce risks associated with wastage and theft by creating a firm framework that supports best practice disposal of assets.

Social / Cultural

One method for disposal is by making a gift or donation to Charitable or Community Organisation.

Adoption of a Policy relating to disposal of assets can instil confidence within the Community, that Council has clear methods and processes in place for the appropriate disposal of assets that are no longer needed.

Attachments

1.         NEW Policy 6.24 Disposal of Council Assets ( Other than Land & Buildings ) v 2 (Post Public Exhibition markup)

2.         Feedback - Asset Disposal Policy

3.         NTM feedback - Draft Asset Disposal Policy

 


Council

20 April 2022

Item 10.6 - Attachment 1

NEW Policy 6.24 Disposal of Council Assets ( Other than Land & Buildings ) v 2 (Post Public Exhibition markup)

 

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Council

20 April 2022

Item 10.6 - Attachment 2

Feedback - Asset Disposal Policy

 

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Council

20 April 2022

Item 10.6 - Attachment 3

NTM feedback - Draft Asset Disposal Policy

 

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Council 20 April 2022

Item 10.7

 

10.7. Disclosures Of Interest by Councillors following 2021 Local Government Election     

This report confirms the lodgement of Disclosure of Interest Returns by Councillors following the declaration of the 2021 Local Government Election.

Director Business & Governance  

Officer’s Recommendation

1.    That Council receives and notes the report on the lodgement of Disclosures by Councillors following the 2021 Local Government Elections

2.    That the Disclosures be published on Council’s website as required under the Government Information Public Access (GIPA) Act 2009

 

Executive Summary

All Councillors must lodge a written return of interests with the Chief Executive Officer (CEO) unless they have submitted a return within the previous three months (clause 4.21(a) of the Model Code of Conduct for Local Councils in NSW).

Under section 12(1) of the Act, members of the public are entitled to inspect the Returns of Councillors, Designated Persons and Delegates, free of charge. Under the GIPA Act these should also be published on Council’s website.

Background

The disclosures of interest within this requirement pertain Councillors declared elected to Bega Valley Shire Council on 23 December 2021.

Name

Position

Comments

Allen, Tony (Anthony)

Elected Official

Lodged 23/03/2022

Fitzpatrick, Russell

Elected Official

Lodged 23/03/2022

Griff, Cathy

Elected Official

Lodged 23/03/2022

Nadin, Mitchell

Elected Official

Lodged 31/03/2022

O’Neill, Helen

Elected Official

Lodged 23/03/2022

Porter, David Richard

Elected Official

Lodged 18/03/2022

Robin, Joy

Elected Official

Lodged 21/02/2022

Seckold, Elizabeth (Liz)

Elected Official

Lodged 23/03/2022

Wright, Karen

Elected Official

Lodged 22/03/2022

Disclosures by Councillors and Designated Persons Return

The Local Government Act requires Councillors, the Chief Executive Officer, Directors, and people nominated by the Council as “Designated Persons” to complete Annual Disclosures of Interest Returns.   This is also outlined in Council’s Code of Conduct:   Part 4.21 – Pecuniary Interest: Disclosure of interests in written returns

Councillors

Councillors are required to lodge Disclosures by Councillors and Designated Persons forms annually and, in relation to business before Council. These requirements are outlined in Council’s Code of Conduct and Local Government Act.  Each section of the Return must be answered.  Officers from the Office of Local Government may make inspections from time to time.

Annual returns were required to be lodged by those Councillors who formed part of the previous Council for the period 1 July 2020 to 30 June 2021, by 30 September 2021.

Councillors must lodge a written return of interests with the Chief Executive Officer (CEO) unless they have submitted a return within the previous three months (clause 4.21(a) of the Model Code of Conduct for Local Councils in NSW).

Subsequently all Councillors elected on 23 December 2021 were required to submit a Disclosure return by 23 March 2022.

Amendments to the Act enable Councillor participation in all elements of decision making relating to the exhibition and adoption of the Local Environment Plan (LEP) and Development Control Plan (DCP). 

Options

Returns are required to be tabled at the next Council Meeting following lodgement.

Members of the public are entitled to inspect the returns of Councillors, Designated Persons and Delegates, free of charge.  The register of Pecuniary Interest Returns by Councillors and Designated Persons returns can be viewed at Council’s administration office, Zingel Place Bega, on request or on Council’s website:

Councillors Disclosure of Interest returns to 30 June 2022

Designated Persons Disclosure of Interest returns to 30 June 2022

https://begavalley.nsw.gov.au/page.asp?f=RES-IDG-62-45-27

Community and Stakeholder Engagement

Engagement undertaken

No community engagement is required for this process.  Councillors were provided with information regarding the requirements for lodgement of returns by the relevant council officers.

The relevant documents are available to the public on Council’s website.

Engagement planned

Internal Stakeholders, including all Councillors and Designated persons will be provided with updated information when returns are due for submission for the 2021/2022 year.  Those forms are required to be lodged within 3 months of the end of financial year, being 30 September 2022.

Financial and Resource Considerations

Management of Council’s Related Party Returns and Annual Disclosure Returns Register is included in Council’s adopted budget and forms part of the core services of Council’s Governance team.

Legal /Policy

Council must comply with disclosure requirements under its Code of Conduct and the following legislation and guidelines:

·    Local Government Act 1993

·    Local Government (General) Regulation 2021

·    Privacy and Personal Information Protection Act [PPIP] (1998)

·    Government Information Public Access Act [GIPA] (2009).

The Local Government Act requires Councillors, the Chief Executive Officer, Directors, and people nominated by the Council as “Designated Persons” to complete Annual Disclosures of Interest Returns.   This is outlined in Council’s Code of Conduct:   Part 4.21 – Pecuniary Interest: Disclosure of interests in written returns

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completion and submission of the disclosure of interest forms will enable the council to achieve outcome six (6) of its Community Strategic Plan (CSP) – Strong and consultative leadership. 

Submission of the interest forms will also contribute to the development and implementation of good governance systems, which is one component of the currently adopted delivery program of the council.

Environment and Climate Change

There are no direct environment and climate change impacts relating to this report.

Economic

There are no direct economic impacts as a result of the recommendations of this report.

Risk

Reporting publicly about the Disclosure of interest Returns lodged by Councillors demonstrates to the community one of the ways local government manages conflicts of interest in decision making. It demonstrates Council’s commitment to compliance with the Code of Conduct, effective and impartial decision making and reduces the perception that Councillors can use their position to obtain a private benefit for themselves or for any other person or body.

It assists Councillors, staff, and the community in understanding the processes followed to avoid situations that give rise to the appearance that a person or body could receive favourable treatment from Councillors or Council staff.

Social / Cultural

There are no direct social or cultural impacts related to the recommendations of the report.

Attachments

Nil

 


Council 20 April 2022

Item 10.8

 

10.8. Australian Local Government Association (ALGA) 2022 National General Assembly       

The Australian Local Government Association (ALGA) 2022 National General Assembly of Local Government (NGA) is being held at the National Convention Centre in Canberra from 19 to 22 June 2022.

Chief Executive Officer  

Officer’s Recommendation

It is recommended that Council endorse the Mayor and nominated Councillors to attend the ALGA 2022 National General Assembly and note the Chief Executive Officer’s attendance at the National General Assembly.

 

Executive Summary

The 2022 National General Assembly of Local Government is being held at the National Convention Centre in Canberra from 19 to 22 June 2022 with The Mayor, Chief Executive Officer and nominated Councillors invited to attend.

Background

ALGA is the peak national body representing local councils across Australia. The 2022 National General Assembly (NGA) of Local Government will be held in Canberra from 19-22 June 2022.

The theme of the Assembly for this year is “Partners in Progress” which reflects the important role we all play in building a stronger, more inclusive, and more sustainable Australia – and our willingness to work with other governments to get the job done.

Information on the NGA is available here https://alga.com.au/events/national-general-assembly-2022/

Attached to this report is the 2022 National General Assembly Registration Brochure.

Options

There are limited options associated with this report. 

Community and Stakeholder Engagement

There has not been and is not intended to be any community engagement on this item.

Engagement undertaken

There has not been and is not intended to be any community engagement on this item.

Engagement planned

There has not been and is not intended to be any community engagement on this item.

Financial and Resource Considerations

Council’s currently adopted budget makes adequate provision for attendance at the National General Assembly.

Legal /Policy

There are no legal policy implications associated with this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no Strategic Alignment implications associated with this report.

Environment and Climate Change

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

Economic

There are no Economic implications associated with this report.

Risk

There are no Risks associated with this report.

Social / Cultural

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

Attachments

1.         2022 National General Assembly Registration Brochure

 


Council

20 April 2022

Item 10.8 - Attachment 1

2022 National General Assembly Registration Brochure

 

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Council

20 April 2022

 

 

Councillor Reports

 

20 April 2022

 

11.1            Country Mayors Association general and executive meetings......................... 582


Council 20 April 2022

Item 11.1

 

11.1. Country Mayors Association general and executive meetings     

On 11 March 2022 the Mayor and Chief Executive Officer attended a Country Mayors Association general meeting, on 27 March 2022 the Mayor attended a Country Mayors Association executive meeting.

Chief Executive Officer  

The Mayor and Chief Executive Officer attended the Country Mayors Association (CMA) general meeting on 11 March 2022.

The presenters on the day were:

·    The Hon Sam Farraway MP, Minister for Regional Transport and Roads

·    Mr Simon Hunter, Executive Director Strategy and Innovation, NSW Department of Planning and Environment

·    Emily Rucker, Director Smart Places Policy and Engagement, NSW Department of Planning and Environment

·    President, Cr Darriea Turley LGNSW Update

·    President, Cr Linda Scott, ALGA Update

Attached is the Agenda for the Meeting of 11 March 2022.

The Mayor attended a CMA Executive meeting on 27 March 2022.

The Country Mayors executive are calling for a Regional Health Forum to be held with both State and Regional Health Ministers as well as Shadow Ministers on 26 May 2022 to address all concerns about Regional and Rural Health.

Additionally, Biodiversity Offsets are a major issue, as we are aware, with offsets required for the Merimbula Airport and the Director of the Biodiversity Offset Scheme and her staff have been invited to address the executive on the same day as the health forum.

Attached are the Minutes of the executive meeting and the report from LG NSW president to Country Mayors Meeting.

Attachments

1.         2022.03.11 CMA meeting agenda

2.         2022.03.28 CMA Executive Minutes

3.         March 2022 LGNSW President report to CMA

 


Council

20 April 2022

Item 11.1 - Attachment 1

2022.03.11 CMA meeting agenda

 

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Council

20 April 2022

Item 11.1 - Attachment 2

2022.03.28 CMA Executive Minutes

 

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Council

20 April 2022

Item 11.1 - Attachment 3

March 2022 LGNSW President report to CMA

 

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Council

20 April 2022

 

 

Notices of Motion

 

20 April 2022

 

13.1            Strengthening the ban on Shark Fishing at Tathra Wharf................................. 598


Council 20 April 2022

Item 13.1

 

13.1. Cr David Porter - Strengthening the ban on Shark Fishing at Tathra Wharf       

 

Notice of Motion

That Council:

1.    Erect signs at Tathra Wharf that prohibit the use of wire traces from the shoreline on and  within 250 metres of Tathra Wharf with information about the fine and number to call to report violations

 

Background

Shark Fishing has been prohibited by Council on Tathra Wharf since 1996, despite signs being erected shark fishing has not only continued but started involving more dangerous acts near swimmers. Local residents, business owners and tourists are rightly aggravated over the issue while shark fishermen publicly flaunt the laws on social media. Regular fisherfolk feel concerned that laws banning their hobby altogether could result from the dangerous acts of a minority and tourist organisations fear another shark attack on a swimmer would damage the reputation of Tathra as a holiday destination.

At the Tathra Wharf, there is a sign that simply says “Shark Fishing is Prohibited” the only way enforcement can occur is if a Fisherman admits he is at the wharf for the purpose of Shark Fishing, making enforcement almost impossible.

NSW Department of Primary Industries has installed smart drumlines to keep sharks away from coastal beaches, however Shark fishermen have been carrying lines out by boat and bring sharks into the swimming area, these sharks are often released in an injured and agitated state increasing the possibility of a human attack

The Australian Fisheries Management Authority (AFMA) recommends bans on wire traces to stop Shark Fishing and states on its website that this is the globally accepted way to deal with the problem. A wire trace involves the use of a steel wire to connect the hook to the fishing line, these wire traces can be up to two metres long and prevent the shark biting through the fishing line when hooked. By prohibiting the use of wire traces, it becomes very difficult to catch a shark and very easy to enforce as the simple presence of a wire trace on a fishing line is an immediate fine of 10 units (currently $1,100).

Relevant legislation:

Local Government Act Section 632:

1)    A person who, in a public place within the area of a council, fails to comply with the terms of a notice erected by the council is guilty of an offence.

Maximum penalty--10 penalty units.

2)    The terms of any such notice may relate to any one or more of the following—

a.    the payment of a fee for entry to or the use of the place,

b.    the taking of a vehicle into the place,

i.  the driving, parking or use of a vehicle in the place,

c.    the taking of any animal or thing into the place,

d.    the use of any animal or thing in the place,

e.    the doing of any thing in the place,

f.     the use of the place or any part of the place.

 

Cr David Porter

 

Attachments

Nil