Agenda of Council - 15 February 2023

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

15 February 2023

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 1 February 2023 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 Draft design guidelines for the General Aviation Precinct at Merimbula Airport................ 9

8.2 Draft policy Trees and Vegetation in Urban Areas on Council Managed Public Land and associated draft procedure Nature Strip Planting Guideline.................................................................. 19

8.3 Draft Policy Council related Development Application Conflict of Interest........................ 43

8.4 Affordable Housing Strategy implementation progress report............................................. 57

8.5 Reporting of minutes for committees with delegated authority and advisory committees 71

8.6 Bega Valley Shire Council and Land and Housing Corporation Collaboration Agreement 85

8.7 Final report on the Recovery Support Service.......................................................................... 89

9 Staff Reports – Assets and Operations

9.1 Tathra wharf and headland final precinct plan......................................................................... 94

9.2 Request For Tender (RFT) 2223-006 Merimbula Airport Operations................................. 154

9.3 Request For Tender (RFT) 2223-041 South Bega Sewerage................................................. 161

9.4 Request For Tender (RFT) 2223-047 Delivery of Arthur Kaine Drive Pavement Construction 165

9.5 Tender award for Environmental Impact Statements for the Central Waste Facility..... 170

9.6 Reporting of minutes for October 2022 Central Waste Facility Consultative Committee meeting..................................................................................................................................................... 174

9.7 Reporting of minutes- sportsground advisory committee meetings 30 May and 22 August 2022..................................................................................................................................................... 181

9.8 Options for Waste Roadside Collection Expansion Project and Cobargo Transfer Station 195

9.9 BVSC Funding Contributions - Pambula Sports Building and Merimbula Foreshore and Boardwalk..................................................................................................................................................... 209

10 Staff Reports – Business and Governance

10.1 Road closure - Calle Calle Street, Eden.................................................................................... 215

10.2 Actions from resolutions of Council - Progress Report......................................................... 233

10.3 Options for conducting the 2024 Local Government Election............................................ 235

10.4 Refer Financial Statements for Audit....................................................................................... 249

10.5 Quarterly Budget Review Statement (QBRS) December 2022 - Q2................................... 258

10.6 Certificate of Investment January 2023................................................................................... 285

11 Councillor Reports

12 Rescission/Alteration Motions

13 Notices of Motion

13.1 Cr Nadin - Children’s Services, National Disability Insurance Scheme (NDIS) and Aged Care Services review......................................................................................................................................... 291

13.2 Cr Porter - Review of Policy 6.06 Financial Management.................................................... 292

14 Questions with Notice

15 Questions without Notice

15.1 Cr Nadin - Acquittal report from the Wanderer festival....................................................... 297

15.2 Cr Nadin - Does Council have the ability to restrict bike riders from using certain roads in the Bega Valley Shire?.............................................................................................................................. 299

15.3 Cr Porter - How does Council deal with contract extensions?............................................ 300

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........................... 301

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 15 February 2023

Item 8.1

8.1. Draft design guidelines for the General Aviation Precinct at Merimbula Airport

This report seeks Council’s support for the exhibition of a proposed amendment to the Bega Valley Development Control Plan 2013 for the private lease areas in the General Aviation Precinct at Merimbula Airport.

Director Community Environment and Planning

Officer’s Recommendation

1. That the proposed amendment to the Bega Valley Development Control Plan 2013 (Attachment 1) be placed on public exhibition for a period of 28 days.

2. That a further report be presented to Council if there are any substantial changes to the Bega Valley Development Control Plan 2013 arising from the public exhibition.

3. That, if no substantial changes arise from public exhibition, this amendment to the Bega Valley Development Control Plan 2013 be adopted after the close of the public exhibition period.

Executive Summary

A new section is proposed to be added to the Bega Valley Development Control Plan 2013 (BVDCP 2013) to introduce provisions to guide future development in the private lease areas of the General Aviation Precinct (GA Precinct) at Merimbula Airport. This report seeks Council’s resolution to endorse the public exhibition of the proposed amendment to BVDCP 2013. The proposed amendment to BVDCP 2013 is detailed in Attachment 1 to this report.

Background

The Merimbula Airport Master Plan 2033 incorporates plans for both the aviation and non-aviation lands at Merimbula Airport. The GA Precinct is a site within the airport land that is planned to be developed soon. Within the GA Precinct, development that is linked to the airport, commercial premises and light industries are permitted with consent, provided they do not interfere with the effective operation of the airport and will not adversely affect the commercial viability of the central business district of Merimbula.

Council has developed the GA Precinct towards the northern end of the airport site which consists of 21 lease areas which range in size from 270sqm to 2,298sqm. All lease areas are fully serviced and have direct access to the airport’s airside facilities as well as vehicular access via a service road off Arthur Kaine Drive.

The objectives of the draft amendment to BVDCP 2013 are to ensure aircraft operations are safe and efficient and that the form and character of development within the GA Precinct at Merimbula Airport makes a positive contribution to the built environment. The amendment also encourages the design of contemporary, versatile and functional buildings that will establish a unified precinct identity and enhance Merimbula Airport as a gateway to the Sapphire Coast. It is important to note that the GA Precinct is likely to attract light plane owners seeking safe and secure storage for their plane/s, as well as a range of commercial businesses.

The draft amendment to BVDCP 2013 includes provisions relating to:

· airspace planning considerations

· built form – including building setbacks and articulation, roof forms, car parking and loading docks

· visual amenity – including colours, materials and finishes, landscaping, signage and lighting

· fencing, energy efficiency, external service, wash down bays, rubbish and storage areas, and aboriginal archaeology.

Future development within the GA Precinct is likely to be of a large bulk and scale and the location is highly visible from surrounding vantage points. In response, a range of design guidelines have been developed for the GA Precinct to minimise the visual impact of future development on the site by:

· ensuring buildings contribute positively to the built environment and blend into the surrounding bushland and coastal environment

· reducing the perceived height and bulk of buildings when viewed from the public domain and integrate roof forms into the overall design of buildings

· establishing a cohesive and consistent design character by using a co-ordinated palette of colours, materials and finishes

· softening the appearance of buildings, fencing, carparking and hardstand areas by integrating landscaping into the design

· ensuring signage and advertising is designed and located to avoid visual clutter

· ensuring fencing contributes to the cohesive visual appeal of the streetscape.

The purpose of this report to Council is to seek a resolution of Council to publicly exhibit the proposed changes to BVDCP 2013.

Options

The proposed changes to BVDCP 2013 have been developed to ensure that future development within the private lease areas at Merimbula Airport is appropriately designed. Proceeding with public exhibition of the proposed amendment contained in Attachment 1 to this report is the recommended option.

Alternatively, Council could resolve not to proceed with the exhibition of all or some of the proposed changes to BVDCP 2013.

Community and Stakeholder Engagement

Engagement undertaken

No community consultation has yet been undertaken for this proposed amendment to BVDCP 2013, however, the Merimbula Airport Masterplan 2033 which included the creation of the GA Precinct has been previously exhibited and adopted by Council.

Engagement planned

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

The draft BVDCP 2013 amendments will be promoted on Council’s website and social media channels, via a media release and an advertisement in the Merimbula News Weekly. A range of feedback mechanisms will be available including a ‘Have Your Say’ on Council’s website, email and post.

Financial and Resource Considerations

The draft amendment to BVDCP 2013 has been prepared by Council officers, and funded out of the airport service area.

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft amendment to BVDCP 2013 is consistent with the direction of the Bega Valley Shire Local Strategic Planning Statement 2040 to: Collaborate with relevant parties to develop and enhance the economic opportunities provided by the development of Merimbula Airport.

The draft amendment to BVDCP 2013 is consistent with the theme of the Bega Valley Shire Community Strategic Plan 2042: Our infrastructure complements our natural surroundings and character while enhancing the lives of our community.

Environment and Climate Change

The proposed changes to BVDCP 2013 align with Council’s Climate Resilience Strategy by including provisions to help to address the impacts of future development on climate change through encouraging waste minimisation, sustainable design principles, energy efficiency, improving air quality and minimising heat generation from hard surfaces.

Economic

The proposed changes to BVDCP 2013 will have positive economic impacts for the local community, particularly for people and businesses with links to agriculture, aquaculture, freight and tourism sectors of the economy. Appropriate development of the GA Precinct will provide opportunities for local businesses to access markets through the regional/national transport network, as well as opportunities for existing and new aviation related businesses.

Risk

The draft amendment to BVDCP 2013 includes several development controls that are directly aimed at ensuring the safety of airport operations and reducing the visual impact of future development on the site.

Social / Cultural

The proposed changes to BVDCP 2013 will have positive social impacts for the local community by providing employment opportunities and strengthening the role of Merimbula Airport in the region.

Attachments

1 ⇩. Bega Valley DCP 2013 Draft 7.10 Merimbula Airport General Aviation Precinct

Council 15 February 2023

Item 8.2

8.2. Draft policy Trees and Vegetation in Urban Areas on Council Managed Public Land and associated draft procedure Nature Strip Planting Guideline

This report seeks endorsement from Council to publicly exhibit the draft policy - Trees and Vegetation in Urban Areas on Council Managed Public Land - and associated draft procedure - Nature Strip Planting Guideline.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to publicly exhibit the draft policy Trees and vegetation in urban areas on Council managed public land (Attachment 1) and associated draft procedure Nature Strip Planting Guideline (Attachment 2) for a period of not less than 28 days in accordance with the provisions of Council’s Community Engagement Strategy.

2. That a further report be presented to Council if there are any substantial changes to the draft policy or draft procedure arising from the public exhibition.

3. That if no substantial changes arise from the public exhibition, the draft policy and draft procedure be considered adopted and published to Council’s website.

Executive Summary

Through adoption of the 2021/22 Operational Plan, a Strategic Planning action was to ‘Develop a policy to guide street tree, open space and parkland tree planting programs appropriate to a bushfire prone region for towns and villages, including guidance on nature strip planting’.Initial consultation with Council staff, including land and asset managers, risk management and environmental services, indicated there is significant scope for Council to improve its risk management in relation to trees and tree roots. Therefore, a risk management approach was taken to develop the draft policy and procedure.Many of the activities addressed by the policy and procedure are already occurring. For instance, public trees are being monitored, pruned and removed. Vegetation is being managed. The community is being notified and consulted. Council is planting trees on public land and residents are planting out nature strips. The draft policy seeks to:

· acknowledge Council’s role as a custodian of public trees

· apply a consistent framework to the above activities

· clearly articulate Council’s resourcing capacity

· better manage risks associated with trees and vegetation in urban areas on Council managed land.

The draft procedure seeks to provide for a limited range of low-impact planting and landscaping activities that may be carried out on nature strips by residents without requiring further approval from Council under the Roads Act 1993.

Background

Previous relevant decisions of Council

At Council’s meeting of 30 June 2021, Council resolved to adopt the Bega Valley Shire Operational Plan 2021/22. Included in the Delivery Program was item 4.8.5.1, an action for Strategic Planning staff to ‘Develop a policy to guide street tree, open space and parkland tree planting programs appropriate to a bushfire prone region for towns and villages, including guidance on nature strip planting’.

Purpose of this report

This report seeks endorsement from Council to publicly exhibit the draft policy and draft procedure for a minimum of 28 days in accordance with the provisions of Council’s Community Engagement Strategy.

Policy scope

The draft policy’s scope is limited to trees and vegetation on Council owned and managed public land in urban areas. For the purposes of this policy, urban area is taken to be an area with a road speed environment of 60km/hr or less. The draft policy is at Attachment 1.

Procedure scope

The draft procedure (Nature Strip Planting Guideline) is a community facing document designed to provide for a limited range of low-impact planting and landscaping activities that may be carried out on nature strips by residents without requiring further approval from Council under the Roads Act 1993. The draft procedure is at Attachment 2.

Key considerations informing the draft policy and procedure

Initial steps in the drafting of the policy and procedure included reviews of recent urban greening literature and other councils’ tree and verge planting policies, and consultation with Council staff representing various land and asset managers, environmental services, compliance, planning services and risk management.

Consultation revealed there is significant scope for Council to improve its risk management in relation to trees and tree roots, compared with relevant benchmarks against other NSW and Office of Local Government Category 4 councils. Therefore, a risk management approach was undertaken to inform the policy. The risk assessment indicates that with trees, the legal, reputational, and financial risks are significant. A range of possible treatments and process controls were developed to manage the identified risks. The draft policy and draft procedure (Nature strip planting guideline) are derived from these treatments and process controls.

Options

Options available to Council are to:

1. Place the draft policy ‘Trees and vegetation in urban areas on Council managed public land’ and associated draft procedure ‘Nature Strip Planting Guideline’ on exhibition for a period of not less than 28 days. At the end of the exhibition period, if there are substantial changes to the draft policy or draft procedure arising from the public exhibition, a further report would be submitted for Council’s consideration. This is the recommended option.

2. Resolve to not exhibit the draft policy and/or draft procedure. This option is not recommended as the draft policy provides an improved framework for risk management in relation to trees and vegetation on Council managed land in urban areas.

Community and Stakeholder Engagement

Engagement undertaken

To date, the draft policy and procedure have been extensively consulted with Council staff representing various land and asset managers, environmental services, compliance, planning services and risk management.

Engagement planned

In accordance with Council’s Community Engagement Strategy, the engagement process should include informing and consulting. Therefore, it is proposed to provide information about the draft policy and procedure through Council’s newsletter, Council website, media release and social media. Members of the community will be encouraged to provide feedback through Council’s ‘Have Your Say’ page.

Financial and Resource Considerations

The development of the draft policy and procedure has been undertaken by staff. Costs to exhibit the draft policy are included in Council’s adopted budget.

In relation to trees on Council managed public land in urban areas, currently much of Council’s resources and focus is taken up with managing risk resulting from inappropriate species and poorly sited trees. It is anticipated that this policy will result in resourcing efficiencies for Council by providing a consistent framework to carry out this work and ensuring that future plantings are well-planned and well-executed, resulting in healthier and appropriately sited trees. Ideally, with the implementation of this policy and with future policy improvements, over time Council will move from a focus on tree removal to urban tree canopy development and maintenance.

Legal /Policy

The draft policy and procedure are informed by requirements of the Biodiversity Conservation Act 2016, Biosecurity Act 2015, Civil Liability Act 2002, Electricity Supply Act 1995, Environmental Planning and Assessment Act 1979, National Parks and Wildlife Act 1974, Roads Act 1993, Rural Fires Act 1997, State Environmental Planning Policy (Biodiversity and Conservation) 2021 and Bega Valley Local Environmental Plan 2013.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP Strategic objectives	CSP Strategies
We value the role of community in supporting and enhancing the life of all Bega Valley Shire residents.	A.6. Acknowledge and collaborate with local groups to advance local priorities – environmental impact, community infrastructure, housing and economic growth.
Our shire continues to be a safe and affordable place to live.	A.8. Ensure community safety is planned for and partner with other agencies to address issues related to community safety.
Our air and water are pristine, and our natural environment and rural landscapes are protected.	C.2. Ensure land use planning and resource use supports sustainable growth whilst protecting the quality of the natural environment and our rural landscapes.
We are leaders in sustainable living and support innovative approaches to resource recovery and the production of renewable energy and food.	C.4. Adopt sustainable design principles in the planning of our urban areas and infrastructure provision and encourage sustainable buildings and lifestyles.
We act to adapt to and mitigate the effects of climate change.	C.5. Lead climate change mitigation and adaptation through implementation of our Climate Resilience Strategy focusing on natural systems, preparing for natural hazards, liveable and connected places, safe, healthy and inclusive community, diverse and thriving economy, energy security and food security.
Our public and private infrastructure and community services meet community needs.	D.1. Plan for community infrastructure and services that will meet current and future needs. D.2. Provide infrastructure and services to meet the needs of residents in our towns, villages and rural areas. D.3. Improve the presentation, maintenance and physical accessibility of existing towns and villages.

The draft policy has been developed with consideration of the Bega Valley Community Strategic Plan 2042. Of relevance to this policy and procedure are the following strategic objectives and strategies:

Our community has access to good quality open space, recreation and sporting facilities that support health and wellbeing.	D.4. Plan for, develop and maintain sport and recreation spaces and facilities. D.5. Collaborate with partners to provide open space, facilities, activities and services that encourage more people to have active and healthy lifestyles and improve accessibility to our natural environment.
Council has strong organisational practices to ensure a viable organisation that delivers services and facilities to meet community needs.	E.6. Council decision making seeks to optimise environmental, social and economic outcomes for our community, while mitigating financial, legal, environmental, reputational and safety risks. E.8. Council has a governance framework that promotes and guides accountability and transparency.
Our community has access to good quality open space, recreation and sporting facilities that support health and wellbeing.	D.4. Plan for, develop and maintain sport and recreation spaces and facilities. D.5. Collaborate with partners to provide open space, facilities, activities and services that encourage more people to have active and healthy lifestyles and improve accessibility to our natural environment.
Council has strong organisational practices to ensure a viable organisation that delivers services and facilities to meet community needs.	E.6. Council decision making seeks to optimise environmental, social and economic outcomes for our community, while mitigating financial, legal, environmental, reputational and safety risks. E.8. Council has a governance framework that promotes and guides accountability and transparency.

The draft policy is consistent with the following relevant actions and future directions of Bega Valley Local Strategic Planning Statement 2040:

· Action 3.4 Develop a policy to guide street tree, open space and parkland tree planting programs appropriate to a bushfire prone region for towns and villages

· Action 10.5 Review planning controls related to the density of urban development, houses on visible ridgelines, road widths, footpaths and street trees to ensure they are consistent with the desired future character of towns (medium-term)

· Future Direction: Increase vegetation, especially the tree canopy to help keep urban areas cooler and encourage the use of fire resistant species.

· Future Direction: Prioritise well-designed natural and built shade in the delivery of all public infrastructure and spaces and support the provision of well-chosen and well-placed street trees in residential or public domain developments.

· Future Direction: Enhance town centres through improved connectivity and accessibility, streetscaping improvements, provision of gathering spaces, seating, shade and public toilets and tree plantings.

The draft policy is consistent with the following relevant actions of Bega Valley Shire Climate Resilience Strategy:

· L5: Implement street tree, open space and parkland tree planting program across all towns and villages to mitigate heat stress.

· L6: Incorporate native plantings into all infrastructure development, minimise mowing and maintenance.

Environment and Climate Change

The recommendation progresses the development of a policy that seeks to improve the quality of trees on Council managed public land in the urban areas of Bega Valley Shire.

The provision of trees in urban areas are known to:

· sequester carbon dioxide from the atmosphere

· provide micro-climate cooling through increased provision of urban shade

· counter urban heat island effect caused by the concentration of hard, unshaded surfaces such as concrete and asphalt

· lessen the soil erosion impacts of heavy rainfall

· improve air quality by absorbing carbon dioxide, trapping and filtering atmospheric pollutants with their leaves, and lessening the need for mechanical cooling

The policy responds to climate change data that indicates that there will be an increase in days over 35 degrees Celsius in the shire alongside a greater need for shade in summer.

The policy recognises that there are significant risks (physical, financial and reputational) associated with trees and tree roots and proposes to mitigate these risks through implementation of improved administration, horticultural and environmental management processes.

Economic

The Draft Greener Places Design Guide published by the NSW Government Architect details that the measured benefits of the urban tree canopy (referring to all trees on public and private land within urban areas) are substantial for residents in relation to property values and can result in significant electricity cost savings from tree shade.

Risk

A review of the risk assessment indicates that with trees, the legal, reputational and financial risks to Council are significant. Notably, the underappreciation of required expertise, poor planning and under-resourcing are principal risk factors. This policy and procedure were developed with a risk-management approach and aim to mitigate the identified risks by implementing the processes and controls identified through the risk assessment process and applying a framework to managing trees and vegetation on Council managed land in urban areas.

Social / Cultural

Urban trees are a public infrastructure asset in which the community has a vested interest. The policy provides a transparent framework for decision-making in relation to the management of existing trees and supports the development of processes to ensure that future plantings are well-planned and well-executed so that the community may reap the benefits of their natural beauty, shade and shelter, habitat value and improved quality of the urban environment.

Attachments

1 ⇩. Draft Policy Trees and Vegetation in Urban Areas on Council Managed Public Land

2 ⇩. Draft Procedure Nature Strip Planting Guideline

Council 15 February 2023

Item 8.3

8.3. Draft Policy Council related Development Application Conflict of Interest

This report provides Council with a draft policy regarding Council related Development Applications Conflict of Interest.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council endorse the draft policy ‘Council-related Development Application Conflict of Interest’

2. That Council exhibit the draft policy for a minimum of 28 days in accordance with the provisions of Council’s Community Engagement Strategy

3. That a further report be presented to Council if there are any substantial changes to the draft policy arising from the public exhibition.

4. That if no substantial changes arise from the public exhibition, the draft policy be considered adopted and published to Council’s website.

5. That Council amend the Community Participation Plan section in Council’s Community Engagement Strategy to reflect the exhibition period for Council-related development applications, being 28 days.

Executive Summary

Councils are development regulators, however they also can be the developer, landowner or hold a commercial interest in the land they regulate. Where councils have this dual role, an inherent conflict can arise between their interests in the development and their duty as regulator.

In response to concerns identified by the NSW Ombudsman in its report ‘An inherent conflict of interest: councils as a developer and regulator’ (December 2020) changes to the Environmental Planning and Assessment Regulation 2021 have been implemented.

Council is now required to adopt a conflict of interest policy for Council-related development applications which identifies how any potential conflict of interest will be managed.

A draft policy has been prepared in accordance with the relevant guidelines and is included as Attachment 1 to this report for Council consideration.

This also provides an opportunity to update the Community Participation Plan in Council’s Community Engagement Strategy to reference that Council-related DAs will be exhibited for 28 days.

Background

Conflicts of interest can occur when Council is a developer, landholder or holds a commercial interest in the land they regulate. The Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation was notified on 30 September 2022 and the following changes will come into effect on 3 April 2023:

1. Council must adopt and have a policy that specifies how conflicts of interest in connection with council-related development applications will be handled

2. Council-related development applications must be accompanied by either a management strategy statement, which explains how the council will manage potential conflicts of interest, or a statement that council has no management strategy for the application

3. Councils must record conflict of interest in connection with each council-related development application and the measures taken to manage the conflicts, in their existing development application register

4. Council-related development applications must be exhibited for a minimum of 28 days to ensure transparency during the assessment process

The Department of Planning and Environment (DPE) has published the ‘Council-related Development Application Conflict of Interest Guidelines’ (Attachment 2). The guidelines require that a council conflict of interest policy concerning council-related development applications must:

· establish management controls and/or a management strategy to address potential conflicts of interest at the different stages of the development assessment process for council-related development applications

· outline the process through which potential conflicts of interest will be identified, the risks assessed, and appropriate management controls determined, and

· outline the process to be followed to publicly communicate the management approaches for each development subject to the policy.

The guidelines recommend as best practice that the conflict of interest policy should also address conflicts that may occur after development consent has been granted to council‑related development applications, including regulation and enforcement functions. Provision is also made for low-risk development where no specific controls are warranted.

The guidelines also include a sample conflict of interest policy and management strategy statement which has been used as the template for Council’s draft policy.

The Community Participation Plan in Council’s Community Engagement Strategy includes minimum exhibition timeframes for the different types of development including standard DAs, designated development, state significant development, integrated development and environmental impact statements. Based on the changes to the regulation, an additional category of Council-related DAs should be now be included as a separate item in the Community Participation Plan, with a minimum exhibition timeframe of 28 days. This will improve transparency for the community and developers, and ensure everyone is aware of the minimum timeframes. The Community Engagement Strategy is available on Council’s website. Options

It should be noted that Council is required to have a council-related development application conflict of interest policy in place by 3 April 2023.

Council can resolve to endorse the draft policy included at Attachment 1 to this report and publicly exhibit the draft policy for 28 days, and amend the Community Participation Plan section in Council’s Community Engagement Strategy to reflect the exhibition period for Council-related development applications, being 28 days. This is the recommended option.

Council could resolve to amend the draft policy and place the amended version on exhibition for 28 days, noting the draft policy must meet the requirements as outlined by the department.

Council could also resolve not to amend the Community Participation Plan section in Council’s Community Engagement Strategy, however this is not recommended.

Community and Stakeholder Engagement

Engagement undertaken

No engagement has been undertaken at the time of this report.

Engagement planned

It is proposed to place the draft policy on public exhibition for a period of 28 days in accordance with Council’s Community Engagement Strategy.

Financial and Resource Considerations

The drafting of the policy and proposed exhibition are part of Council’s regular work program and within the adopted 2022-23 budget.

Legal /Policy

The preparation and adoption of a Conflict of Interest policy for Council-related development applications is legally required under the Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation notified on 30 September 2022.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Policy reviews ensure Council meets its obligations within its Community Strategic Plan specifically relating to:

· C2.1 - Provide an efficient development assessment service

· E.6 Council decision making seeks to optimise environmental, social and economic

outcomes for our community, while mitigating financial, legal, environmental,

reputational and safety risks.

· E.8 Council has a governance framework that promotes and guides accountability and

transparency.

Environment and Climate Change

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

Economic

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

Risk

The establishment of the Conflict of Interest Policy will provide greater transparency in the assessment of Council-related development and reduce the risk of any conflict of interest.

Social / Cultural

There are no social or cultural implications associated with the recommendation of this report.

Attachments

1 ⇩. DRAFT Policy 3.12 Council related Development Application Conflict of Interest Guidelines v1

2 ⇩. Council related Development Application Conflict Of Interest Guidelines September 2022

Council 15 February 2023

Item 8.4

8.4. Affordable Housing Strategy implementation progress report

This report provides an update on implementation of the Affordable Housing Strategy from May 2022, when it was adopted, to 31 December 2022.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy

2. That Council endorse an update to strategy 5b to include ‘underutilised’ publicly owned land rather than just ‘vacant’ publicly owned land

Executive Summary

The Bega Valley Shire Affordable Housing Strategy was adopted by Council in May 2022. It includes a commitment to report annually to Council and the community on progress against the strategies (actions) and KPIs adopted.

At the 21 September 2022 Council meeting, Council resolved to request 6 monthly reporting rather than annual. This is the first 6 monthly report, including progress and KPIs up to 31 December 2022.

At the October 2022 meeting of the Affordable Housing Implementation Group (AHIG), the group resolved to seek the endorsement of Council to update strategy 5b to include ‘underutilised’ publicly owned land rather than just ‘vacant’ publicly owned land, to broaden the scope of the strategy and provide more potential options, as follows (addition in red text):

Strategy 5b: Investigate and advocate for the use of vacant and underutilised publicly owned land for the development of an affordable manufactured housing estate, including placement of smaller manufactured homes, managed by a local Community Housing Provider or Not For Profit

Background

Strategy 3 in the Affordable Housing Strategy, states:

For the purpose of monitoring the progress of this strategy, Council will:

a) Update data and information at least every four years in the Background Report that forms the evidence based for this strategy, and make this publicly available.

b) Adopt the following Key Performance Indicators:

i. Number of affordable rental dwellings for very low and low income households created as a result of partnerships between Council and Community Housing Providers and/or the private sector.

ii. Net change (loss/gain) in Social (Public and Community) Housing.

iii. Number of affordable rental dwellings for very low and low income households created through other agencies or mechanisms, including DCJ – Housing and local Community Housing Providers.

iv. Number of affordable housing dwellings for very low and low income renters and low income purchasers provided through the market.

v. Increase in supply of lower cost housing types/products created through the market.

vi. Reduction in local homelessness, including appropriate accommodation of people living temporarily with others, or living in inappropriate, unsafe or severely over-crowded accommodation.

vii. Reduction in the proportion of very low and low income households in housing stress.

viii. Retention of diverse income, age and employment groups in the LGA.

c) Report progress against relevant strategies and KPIs annually to Council and the community

Key progress from May 2022 to 31 December 2022

A full list of progress against each strategy is at Attachment A.

The below list includes a summary of the key achievements in the reporting period.

· AHS adopted May 2022 including KPIs and benchmarks

· Strategic planner resource dedicated 3 days per week

· AHIG established and met twice (Oct and Dec 2022)

· Sale from proceeds of Narira Village in Cobargo re-invested in Southern Cross Housing for another community housing project within the Bega Valley Shire

· $1.4m received from the Regional Housing Fund for Boundary Road Flood Mitigation and Road Improvement Works (August 2022)

· In September 2022, Council resolved to make amendments to the Bega Valley Local Environmental Plan 2013 to permit mixed use development in the B2 Local Centre zone. The amendments will permit a wider range of housing types within town centres to support accommodation options for key workers, business owners and seniors behind or above commercial premises. The amendments include a clause to guide the resulting mixed use development to ensure active street frontages in town centres are retained. Council is currently exhibiting the associated amendments to Bega Valley Development Control Plan 2013.

· BVSC motions supported at the Local Government NSW Annual Conference in October 2022 including the need for greater state government investment in the development of affordable and social housing, and the need for the state and federal governments to address skills shortages including in the fields of planning, engineering and building certification

· Changes to Bega Valley Development Control Plan 2013 (DCP 2013) in relation to onsite residential car parking rates made in November 2022 to align Council’s onsite parking requirements more closely with actual car ownership rates of residents living in 1, 2 and 3 bedroom strata dwellings. The changes are anticipated to improve viability of multi-unit development in the shire together with reducing the cost of developing smaller dwellings.

· Planning proposal to increase housing diversity and adoption of associated design guidelines to increase density of residential zones in our villages and encourage a greater diversity of housing types, including allowing secondary dwellings in more zones, was finalised in December 2022. Amendments to the Bega Valley Local Environmental Plan 2013 were finalised to implement 8 of the land use planning recommendations of the AHS to increase the diversity of housing. The changes increase opportunities for subdivision and the creation of smaller lots, enable multi dwelling housing in low density residential areas and villages, increase supply of one and two bedroom units, increase supply of adaptable housing and reduce the cost of developing smaller dwellings by reducing private open space requirements. Council has requested that the Minister for Planning make the plan.

· $248,370 received from the Regional Housing Strategic Planning Fund for urban structure planning for Bega and Wolumla to support future housing development (December 2022)

· Productive meetings with Crown Land and the Local Aboriginal Land Councils (LALCs) regarding LALC and Crown land that could be used for economic benefit for Aboriginal people, including housing

· DA prioritised and fees waived for Social Justice Advocates temporary crisis housing in Bega

· DAs for a number of specific LALC Aboriginal Housing projects prioritised and fees waived as submitted (note: Council resolution dated 16 March 2022)

· Letter sent to all non-residential rate payers encouraging them to consider placing their home on the longer-term rental market; supporting letter sent to local real estate agents

· Additional budget endorsed by Council to fund the investigation of the feasibility and development of an Affordable Housing Developer Contributions Plan; consultant selected

· Work commenced on developing a definition of ‘Affordable Housing’ that can be used to prioritise DA assessment for genuine affordable housing development

· Positive discussions between Council and LAHC regarding potential of underutilised government owned sites for affordable and social housing development in the shire

KPI progress

Note: The data below is based on available information at the time of preparing the report and may not be complete.

KPI	Progress as at 31 December 2022	Comments as at 31 December 2022
1. Number of affordable rental dwellings for very low and low income households created as a result of partnerships between Council and Community Housing Providers and/or the private sector	0	No partnerships created however money from sale of Narira Village was reinvested with Southern Cross Community Housing which will result in affordable dwellings in future
ii. Net change (loss/gain) in Social (Public and Community) Housing	SCH: +1 property DCJ: no net gain or loss in 2022 in DCJ owned/managed social housing properties Note: Other providers, such as the Aboriginal Housing Office, may also have social housing in the Bega Valley	Southern Cross Housing (SCH) has purchased a property in Bega for future development for community housing
iii. Number of affordable rental dwellings for very low and low income households created through other agencies or mechanisms, including DCJ – Housing and local Community Housing Provider	DCJ has 353 social housing properties in the Bega Valley. Eight (8) properties are currently under maintenance or repairs. SCH stock: - Social capital: 39 - Affordable: 0 - Social leasehold: 41 - Social owned: 11 - Social crisis: 11 SJA: 3 units installed in Bega	Note: SCH has now purchased the 10 units at Narira Village in Cobargo. While this has no net change to the social housing stock, it preserves the units for social house use into the future
iv. Number of affordable housing dwellings for very low and low income renters and low income purchasers provided through the market	-	Further analysis to be undertaken
v. Increase in supply of lower cost housing types/products created through the market	-	Further analysis to be undertaken
vi. Reduction in local homelessness, including appropriate accommodation of people living temporarily with others, or living in inappropriate, unsafe or severely over-crowded accommodation	No discernible reduction; increase in older people looking for accommodation	This is based on anecdotal feedback from SEWACS and Mission Australia
vii. Reduction in the proportion of very low and low income households in housing stress	-	Data will be obtained from the Census
viii. Retention of diverse income, age and employment groups in the LGA	-	Data can be obtained from the Census

Options

Council can note the report and endorse the AHIG recommendation to update strategy 5b. This is the recommended option.

Council can note the report and not endorse the AHIG recommendation to update strategy 5b.

Community and Stakeholder Engagement

Engagement undertaken

The Bega Valley Affordable Housing Strategy was endorsed by Council in May 2022 following an extensive public consultation process.

The AHIG was established after an open expression of interest (EOI) process with members appointed by Council at the September 2022 meeting.

The AHIG has met twice – once in October 2022 and again in December 2022.

Engagement planned

The AHIG will meet quarterly. The next meeting is planned for March 2023.

Six-monthly reports will be provided to Council on progress against the strategy and KPIs.

Financial and Resource Considerations

There are minimal financial or resource considerations based on the recommendation. Including ‘underutilised’ land in the strategy 5b will create some additional research by staff, however this is considered minimal and in keeping with the intent of the strategy. Legal /Policy

There are no new legal or policy considerations based on the recommendations of this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with Council’s adopted Affordable Housing Strategy and Community Strategic Plan:

· Strategy A6: Acknowledge and collaborate with local groups to advance local priorities – environmental impact, community infrastructure, housing and economic growth.

· Strategy A9: Collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population.

Environment and Climate Change

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

Economic

There are no economic impacts associated with the recommendations of this report, however broadening strategy 5b may provide additional opportunities for development in the future.

Risk

There are no new risks associated with the recommendations of this report.

Social / Cultural

Having access to safe and affordable housing is a fundamental need that impacts on an individual’s ability to maintain employment, participate in society and form social connections.

There are no new social or cultural impacts associated with the recommendations of this report.

Attachments

1 ⇩. Affordable Housing Strategy Implementation Action Plan

Council 15 February 2023

Item 8.5

8.5. Reporting of minutes for committees with delegated authority and advisory committees

This report provides the adopted minutes for the Montreal Goldfields Committee, General Community Hall Committee and General Cemetery Advisory Committee August 2022 meetings.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the report and the Montreal Goldfields Committee, General Community Hall Committee and Cemetery Advisory Committee August meeting minutes which are appended to the report.

Executive Summary

This report provides the minutes from the August meetings of the Montreal Goldfields Committee, General Community Hall Committee and Cemetery Advisory Committee, for information.

Background

Committees of Council provide a mechanism for community involvement in the provision of Council facilities or services. There are three types of committee that may be established by a council: Committees of Council, which are comprised entirely of Councillors; Section 355 Committees, which are delegated under Section 355 of the Local Government Act 1993 to undertake certain functions of Council and may include community representatives, Councillors and/or members of Council staff; and Advisory Committees, which may be made up of community representatives, Councillors and/or members of Council staff, and provide advice to Council on relevant matters.

Each committee has guidelines that detail its roles and responsibilities, and where relevant, its delegated functions. All committees are obliged to observe Council’s adopted Code of Meeting Practice.

The committees, through Council officers, must make their agenda and minutes public, and report meeting minutes to Council periodically once adopted by the relevant committee. Agendas and minutes are published on Council’s website.

Relevant recommendations of Advisory Committees are reported to Council meetings, through Council officers, for consideration.

A brief outline of each of the committees included in this report is below.

Montreal Goldfields Management Committee

The Montreal Goldfields Management Committee is responsible for the care and management of the Montreal Goldfields site. The Committee plays a key role in conserving the environmental and cultural heritage of the site.

General Community Halls Committee

The General Community Halls Committee is a strategic committee responsible for oversight of the management of Council’s 18 halls. Committee members manage the hall facility hire and work with Council to bring about improvements to the management of Council’s halls.

General Cemetery Advisory Committee

Council manages 14 cemeteries in the shire. The committee is comprised of a diverse membership who work in partnership with Council to bring about improvements to the management of Council’s cemeteries.

Options

There are no options associated with the recommendation of this report.

Community and Stakeholder Engagement

Engagement undertaken

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

Where specified in the committee guidelines, nominations were considered by the panel for each committee.

Engagement planned

There are no further engagement requirements associated with the recommendation of this report. Should any of the committees need to recruit additional members to fill vacancies, these will be advertised in accordance with the requirements of Council’s Community Engagement Strategy.

Financial and Resource Considerations

There are no financial or response considerations associated with the recommendation of this report.

Council officer time is required to provide support to the committees as per committee guidelines which is part of the annual activities of Council.

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community representation on Council’s advisory committees supports the following elements of the Bega Valley Community Strategic Plan 2042:

6. Strong, Consultative Leadership

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

6.11.1 Improve communication about Council activities, decisions and achievements

Environment and Climate Change

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

Economic

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

Risk

The establishment and operation of committees of Council are part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

Council committees seek to provide a mechanism for interested community members to play an active role in advocating for change at a local level. Committees of Council are an instrument for facilitating open and transparent discussion about decisions made by Council.

Attachments

1 ⇩. Montreal Goldfield Commitee Meeting Minutes August 2022

2 ⇩. General Community Hall Committee Meeting Minutes August 2022

3 ⇩. Cemetery Advisory Committee Meeting Minutes August 2022

Council 15 February 2023

Item 8.6

8.6. Bega Valley Shire Council and Land and Housing Corporation Collaboration Agreement

Bega Valley Shire Council and the NSW Land and Housing Corporation are proposing to enter into a Collaboration Agreement to work together to realise more and better social housing in the Bega Valley Shire.

Director Community Environment and Planning

Officer’s Recommendation

That Council endorse the Collaboration Agreement in the confidential attachment and delegate authority to the Chief Executive Officer to sign the agreement on behalf of Bega Valley Shire Council.

Executive Summary

Council has been working closely with the NSW Land and Housing Corporation (LAHC) to investigate and progress new and improved social housing outcomes for the shire. This Collaboration Agreement seeks to formalise this strong working relationship and ensure ongoing investment in, and focus on, social housing properties in the Bega Valley Shire.

Background

LAHC is a self-funded public trading enterprise within the NSW Government and is responsible for the management of the NSW Social Housing portfolio comprising approximately 125,000 dwellings.

Bega Valley Shire Council and LAHC have been working together since April 2022 to consider whether existing state owned unused land could be repurposed for new social, affordable and private housing supply. To this end, LAHC is currently investigating the purchase and redevelopment of an existing redundant Government owned site to deliver a new mixed tenure housing development including new social housing. LAHC is also committed to reviewing and redeveloping its existing social housing stock across the shire to ensure it is fit for purpose and better matches community need, particularly around the need to provide more suitable housing to accommodate senior people in need.

LAHC’s Executive Director Delivery South, Peter Brackenreg, is a member of Council’s Affordable Housing Implementation Group.

Council’s Affordable Housing Strategy (AHS) provides a framework to respond to housing need in the Bega Valley Shire to 2040 and aims to increase housing diversity and supply across the shire, including affordable, social and community housing. The strategy notes that at least an additional 168 social rental housing dwellings would be required by 2036, with around 75% (126) of these smaller well located strata dwellings, and 25% (42) family dwellings. A collaboration agreement with LAHC is a significant step forward to help monitor and realise this goal.

LAHC’s mission is to help vulnerable people across the Bega Valley Shire to access safe and secure housing when they are unable to do so through the private market. Its vision is to grow its portfolio of ‘fit for purpose’ high-standard housing, within budgetary constraints, that best meets the housing needs of the community, underpinned by four key objectives:

· Create a net increase in social housing to assist in satisfying the current priority housing waitlist

· Leverage the value of its land and assets to facilitate portfolio renewal and growth

· Reduce under-utilisation of assets and better match social housing typology to tenancy needs

· Reduce the portfolio’s ongoing maintenance burden by addressing point three above and the use of sustainable and durable materials in renewals and new property developments.

Through the proposed Collaboration Agreement, Council will work closely with LAHC to help realise these objectives to address the housing shortage in the shire.

Options

Council can resolve to sign the Collaboration Agreement to formalise the partnership with LAHC and signify its intention to prioritise additional social housing in the shire. This is the recommended option.

Council could also resolve not to sign the Collaboration Agreement.

Community and Stakeholder Engagement

Engagement undertaken

Extensive community and stakeholder engagement was undertaken throughout the development and finalisation of Council’s Affordable Housing Strategy.

Council has been working closely with LAHC in the development of the Collaboration Agreement.

LAHC is a key member of the Affordable Housing Implementation Group (AHIG). The AHIG has met twice since it was formed in October 2022.

Engagement planned

No further engagement on the detail of the Collaboration Agreement is planned, noting the agreement is consistent with the objectives of implementing Council’s AHS. Council will continue to work with LAHC and the Affordable Housing Implementation Group to progress the strategies in the AHS.

Financial and Resource Considerations

There are no additional costs to Council in relation to this resolution. Working with LAHC will be undertaken through existing resourcing via business as usual work and as part of our commitment to implementing the Affordable Housing Strategy. Any future actions that have financial implications for Council will be brought to Council for resolution.

No additional resources are required to establish or maintain the governance and reporting structures under the Collaboration Agreement, noting that representatives from Council and LAHC already meet together regularly.

Legal /Policy

In entering the Collaboration Agreement, Council does not accept any responsibility for funding or resourcing of the studies or master planning required to support planning outcomes.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2042

A. Our Community: A connected and vibrant community where people are happy, safe and well.

Strategic objectives:

- We value the role of community in supporting and enhancing the life of all Bega Valley Shire residents

o A.6. Acknowledge and collaborate with local groups to advance local priorities – environmental impact, community infrastructure, housing and economic growth.

- Our shire continues to be a safe and affordable place to live

o A.9. Collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population.

Bega Valley Shire Affordable Housing Strategy

Strategy 4: Council advocate to the NSW Government for a significant increase in capital investment in social housing as matter of urgency

Strategy 24: Council will seek to ensure that there is an increase in appropriate social housing dwellings to meet existing and projected needs, and to ensure the long-term viability of such housing stock

Environment and Climate Change

There are no environmental or climate change impacts of this proposal. The environmental and climate change impacts of any subsequent development will be assessed through the development application process.

Economic

There are no direct economic impacts of this proposal, however the agreement may result in new housing developments which will have a positive economic impact on the shire through the creation of jobs and an increase in social and affordable housing in the shire that better meets the community need.

Risk

There are no new risks created by this proposal. Signing the Collaboration Agreement will strengthen our working relationship with LAHC and formalises LAHC’s intent to continue working with Council to help increase and improve social housing properties across the shire.

Social / Cultural

Lack of affordably priced housing not only affects the quality of life of individual families, who may be sacrificing basic necessities to pay for their housing or facing increased stress due to living in severely overcrowded housing due to lack of supply, it also has a serious impact on employment growth and economic development.

The inability of lower paid workers to find appropriate, affordable housing can limit the capacity of industry to grow, and adversely affect local economies, as is the case with regional areas like the Bega Valley Shire. The displacement of long-term residents due to lack of affordable housing also reduces social cohesion, engagement with community activities such as volunteering, and extended family support.

Affordable housing is thus an important form of community infrastructure that supports community wellbeing and social and economic sustainability, including a diverse labour market and economy, and strong and inclusive communities.

(Bega Valley Shire Affordable Housing Strategy, p5)

Attachments

1 . BVSC and LAHC Collaboration Agreement Feb 2023 V2 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

Council 15 February 2023

Item 8.7

8.7. Final report on the Recovery Support Service

This report provides a summary of the Bega Valley Recovery Support Service, which closed on 31 December 2022.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council notes the work of the Bega Valley Recovery Support Service in supporting residents through their recovery journey

2. That Council acknowledges that despite the closure of the Bega Valley Recovery Support Service, the recovery journey is ongoing for many residents and communities

Executive Summary

The Bega Valley Recovery Support Service (BVRSS) was established in April 2020 to provide case management, including a range of complex and flexible supports, to individuals in the Bega Valley who were impacted by Black Summer bushfires.

The service was always considered to be a temporary service and was funded by the NSW Government through Resilience NSW.

Through this service, 361 individuals or families across the Bega Valley were supported through their recovery journey with dedicated case management. A total of 2048 people were supported by the service in some way, but not necessarily intensive case management.

The BVRSS ceased on 31 December 2022 in line with the completion of the funding agreement, following two extensions negotiated by Council. This means case management services no longer exist in the Bega Valley. While the remaining clients were successfully transitioned to other services before the closure of the BVRSS, there is no like service available and impacted residents will need to navigate the available support services independently.

Background

The mainstay of the BVRSS was the provision of complex case management provided by our team of highly skilled, compassionate and non-judgmental professionals. The service delivery model was client driven. Case managers walked with clients as they overcame barriers to recovery, fostering empowerment, renewing connections, and recognising and embracing the potential for individual post-traumatic growth.

Anecdotal evidence and feedback from clients and stakeholders indicates the BVRSS program delivery was highly regarded, valued and successful. Below is a selection of comments from relevant stakeholders that indicates this.

Comment from partner in the recovery environment:

Thanks to the RSS team for such a positive collaboration of working together. Everyone in the team is working for the common goal of the clients and community and have given everything possible to support them.

Comments from RSS clients:

I am so glad that you were sent to help me through this overwhelming process. I couldn’t do this without you.

Thank you so so so so so so much for staying by our side and never giving up.

Additionally, the success of the BVRSS model has been highlighted in multiple forums, including Resilience NSW’s Flood Steering Committee and Lodden Mallee (Vic) Regional Recovery Committee.

To ensure there was a reasonable time to prepare remaining clients of the service and other stakeholders for the final closure, we commenced our transition period in August 2022 and progressed through relevant stages until the cessation of the service in December 2022.

Additionally, the Black Saturday 10 years beyond bushfires report recommends a 5 year recovery framework. Unfortunately, Council is not resourced to develop or support this. Significant advocacy and funding would be required from the state government to enable this, including a commitment to continue services for that period in future disaster events.

Specific service providers have committed to work with clients referred from the BVRSS in relation to their mental health and general health wellbeing, rebuild challenges, domestic violence, social support and specialist children’s services. However, some clients have been exited from the BVRSS with multiple outstanding issues that potentially require more of a holistic response rather than addressing each issue individually. The people of greatest concern are those who are particularly vulnerable who have multiple unresolved issues or tend to withdraw and isolate. These people may progress more positively in a case management environment where they can be supported and encouraged to seek specialist support as necessary. BVRSS case managers provided such clients with details of existing services to ensure they remain engaged as a minimum.

Key statistics

· 361 clients or family groups assisted through case management

· 2048 individuals assisted (all types pf support, not necessarily case management)

· Remaining 49 clients exited from the service from August 2022 to end December 2022.

· 35 clients exited when the service closed in December 2022

Highlights

· The sanitation project delivered 12 sanitation units to property owners who were still living on their properties in temporary dwellings (such as tents or caravans) with no access to amenities (e.g. shower and flushing toilet). This was a successful collaboration between Council and a number of local partners.

· The BVRSS established a bespoke service that was effectively delivered to bushfire impacted residents of the Bega Valley for the duration of the funding agreement. This team consisted of highly skilled professionals who were recruited to their positions to work with clients who were psychologically traumatised, physically exhausted and financially devastated as a result of the Black Summer bushfires.

· The BVRSS maintained high quality services throughout COVID and the multiple flood events that followed the fires. The difficulties that presented in providing trauma support during a pandemic, whilst maintaining all public health directives, were overcome by adopting innovative, adaptive and individual client focused practice.

Options

There are no options associated with this report.

Community and Stakeholder Engagement

Engagement undertaken

The BVRSS took a client-centred approach and worked with impacted individuals and families on a 1:1 basis. Surveys were undertaken as necessary to gauge overall needs to support advocacy to the state government for greater investment in the supports required and to broker solutions to broader issues identified.

Resilience NSW commissioned a state-wide program evaluation on recovery services however this report has not yet been released. BVSC was included in early discussions regarding the scope of the evaluation and raised multiple concerns regarding the validity and purpose of the research in the absence of a plan to interview service users. BVRSS staff participated in the evaluation and have requested a copy of the Program Evaluation Report (not yet released) which will be reviewed, and a response provided if required. Based on conversations to date, it appears the BVRSS experience was different to the state average which may impact on the findings of the evaluation. That is, it is possible that the results of the research will not be an accurate representation of the experience in the Bega Valley.

Engagement planned

Whilst there is much anecdotal evidence that the BVRSS program delivery was highly successful, regarded and valued, there has not been an independent evaluation conducted on BVRSS as there was with the Tathra and District Recovery Support Service.

When received, the Resilience NSW program evaluation will be reviewed and a response provided to Resilience NSW if required.

No further engagement with impacted individuals and families is planned due to the cessation of the BVRSS.

Community members who contact Council seeking support will be referred to other service providers in the shire.

Financial and Resource Considerations

There are no financial or resource implications from the recommendations of this report. Council staff will review Resilience NSW’s evaluation of recovery support services across the state once it is released and will provide feedback to Resilience NSW if required – this will be undertaken through business as usual resourcing.

Legal /Policy

There are no legal/policy implications based on the recommendations of this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan: Strategy A7 - Provide and support ongoing emergency response and recovery efforts to rebuild communities and support resilience capacity building

Delivery Program: A7.2 - Deliver ongoing support services for people affected by the Black Summer Bushfires

Environment and Climate Change

While the Black Summer bushfires had a significant impact on our environment, there are no environment or climate change impacts from the recommendations of this report.

Economic

There are no economic impacts from the recommendations of this report.

Individuals impacted by the Black Summer bushfires have varying economic challenges. The BVRSS was able to link impacted people with financial supports and potential funding opportunities. As recovery can take up to 10 years, there may continue to be impacted residents facing financial challenges due to the Black Summer bushfires.

Risk

Research shows that recovery from a natural disaster of this scale can take up to 10 years, and people often move in and out of needing support over that time (Black Saturday 10 years beyond bushfires report). With the closure of the BVRSS, Case Management services no longer exists in the Bega Valley yet it is likely there will continue to be unmet recovery needs within our community for some time. While there are some services available, there is no centralised case management service available which may present challenges for individuals with complex recovery challenges.

Social / Cultural

With the closure of the BVRSS, case management services no longer exist in the Bega Valley yet it is likely there will continue to be unmet recovery needs within our community for some time. This may impact on individual and community recovery, including social isolation and cohesion.

Attachments

Nil

Council 15 February 2023

Item 9.1

9.1. Tathra wharf and headland final precinct plan

This report provides a summary of consultation feedback from the Tathra Wharf and Headland Precinct Plan, and the Walkway between Upper and Lower Tathra Options Study exhibited in August to September 2022, and the recommended actions.

Director Assets and Operations

Officer’s Recommendation

1. That Council note the consultation feedback in the Listening Report (Attachment 1).

2. That Council adopt the Tathra Wharf and Headland Precinct Plan (Attachment 2).

3. That Council adopt the Option 1 of the Walkway between Upper and Lower Tathra Options Study (Attachment 3) as the preferred option noting this project is not feasible to construct, operate and maintain within Council’s current financial capacity.

4. That the plans be used to apply for grants for components that do not require significant ongoing expenditure

Executive Summary

Bega Valley Shire Council (BVSC) received $7.81 million grant funding from the NSW Government’s Stimulus Package to support regional economies to recover from the Covid‐19 pandemic to complete this project which includes significant improvements to Tathra wharf..

A portion of this funding is allocated to the development of a precinct plan for the Tathra wharf and headland to improve the traffic, cycle, and pedestrian circulation including connectivity and wayfinding.

Council released a draft precinct plan for public consultation from 5 August to 18 September 2022 and sought feedback from the community. Additionally, Council completed an options study for a walkway from upper to lower Tathra which was released in conjunction with the revised precinct plan.

26 submissions were received via survey and 14 submissions were received via email. Key insights from the engagement are summarised in a Listening Report (Attachment A). A total of 92% were fully or partly supportive of the plan and a total of 8% were not supportive at all.

Background

On 13 September 2021, Council engaged WSP Australia under Contract No. 2122-004 to provide design services to complete a precinct plan for the Tathra wharf and headland.

On 2 December 2021 a draft precinct plan was finalised. From 14 December to 8 February 2022 Council sought feedback from the community on the draft precinct plan.

On 11 March 2022, a memorandum was issued to Councillors detailing the public consultation outcome. Generally, the support for the draft precinct plan was divided. A total of 58% were supportive or supportive in part of the plan and a total of 42% were not supportive in any capacity. In response to this feedback, Council developed a revised precinct plan. The main themes were to retain parking on Wharf Road, consider how the headland will link to lower Tathra, and maintain the headland's informality and coastal charm.

The scaled-back plan improved pedestrian movement by providing a shared path, road crossings, and wayfinding. Wharf Road remained open to cars. Parking was retained along one side – allowing the other side closest to the ocean views to act as a shared zone for cars and pedestrians. The intersections at Cliff Place, Bega Street, and Wharf Road were improved. The parking lot was removed, enhancing the visual amenity and improving the junction between Service Lane and Bega Street. Parking along Bega Street was connected to a shared pathway connecting people to destinations easily. Accessible parking spots were placed at the wharf, memorial park, Tathra Hotel, and Beach Street shops and linked directly to the path network.

Council released the revised precinct plan for public consultation from 5 August to 18 September 2022 and sought feedback from the community. Additionally, we completed an options study for a walkway from upper to lower Tathra which was released in conjunction with the revised precinct plan.

A survey was provided on the Have Your Say platform. It allowed people to provide feedback on whether they supported the revised precinct plan, walkway options, and why.

26 submissions were received via survey and 14 submissions were received via email.

Key insights from the engagement are summarised in a listening report (Attachment 1) and summarised below:

· 69% and 31% of respondents identified as living in Tathra or the Bega Valley Shire respectively, with none being visitors.

· 50% supported the revised precinct plan, 8% did not support it, and 42% support it ‘in part’.

· 35% supported option 1, 12% supported option 3, 8% supported option 2, and 4% supported option 4.

· 31% did not support any options, and 12% didn’t want a walkway to be built.

This information was used to finalise the Tathra Wharf and Headland Precinct Plan, and the Walkway between Upper and Lower Tathra Options Study.

This is the final deliverable of the current scope and pauses the project until funding is allocated to future stages of design development.

Options

1. Adopt the revised precinct plan and walkway options study.

The revised precinct plan received positive feedback and a total of 92% were supportive or supportive in part of the plan.

The Tathra Wharf and Headland Precinct Plan, and the Walkway between Upper and Lower Tathra Options Study provide a first step in the progression of the ideas and priority projects for future funding.

2. Do not adopt the revised precinct plan and walkway options study.

Not adopting the revised precinct plan and walkway options study will stall progress. While it is important to note that not all community members may be satisfied with the progression of this project, continued consultation through subsequent project stages will get council closer to achieving tangible results for the Tathra community, and not just a plan that ‘sits on the shelf’.

Community and Stakeholder Engagement

Engagement undertaken

In October 2021 key stakeholder consultation was undertaken to inform the precinct plan and a stakeholder consultation report was produced documenting the process.

From 14 December to 8 February 2022 council sought feedback from the community on the draft precinct plan. A survey was provided on the Have Your Say platform allowing people to provide feedback on what they like best and least about the draft precinct plan. Two information sessions were held at the Tathra Town Hall on 12 January between 9am and 12pm, and 2 February between 3pm and 6pm. 269 submissions were received via survey and 26 submissions were received via email. Key insights from the engagement were summarised in a Listening Report and used to inform a revised precinct plan.

Council released a revised precinct plan for public consultation from 5 August to 18 September 2022 and sought feedback from the community. Additionally, we completed an options study for a walkway from upper to lower Tathra which was released in conjunction with the revised precinct plan. A survey was provided on the Have Your Say platform including five questions. It allowed people to provide feedback on whether they supported the revised precinct plan, walkway options, and why. 26 submissions were received via survey and 14 submissions were received via email. Key insights from the engagement were summarised in a listening report (Attachment A). This information was used to finalise the Tathra Wharf and Headland Precinct Plan, and the Walkway Between Upper and Lower Tathra Options Study.

Engagement planned

No further engagement is planned until funding is allocated to future stages of design development.

Financial and Resource Considerations

Bega Valley Shire Council has received $7.81 million (including GST) grant funding from the NSW Government’s Stimulus Package to support regional economies to recover from the Covid-19 pandemic. A small portion of this funding ($111,900) was allocated to the development of a precinct plan.

No funding is currently allocated future stages of design development.

Item	$ Excl GST
Expenditure Detail
Design costs	$101,900
Project management costs	$10,000
Total Expenditure	$111,900

Source of Funds
Grant income \| NSW Government’s Stimulus Package to support regional economies to recover from the Covid-19 pandemic	$111,900
Total income available	$111,900

Total Project Capital Cost	$111,900
Total Available Construction Funding	$0
Project Funding Shortfall	$0

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project is identified in the Community Strategic Plan under:

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

Strategy 2: Respect and promote our cultural heritage and support cultural diversity.

Progress Measures - Infrastructure Milestones - Tathra Wharf Structure

The project is identified in the Delivery Program 2017-2022 under:

5.10.11 Manage the delivery of major transport infrastructure

5.10.11.2 Deliver the upgrade of Tathra Wharf

Environment and Climate Change

The plan proposes to improve opportunities for active travel. Improved active travel is likely to provide environmental benefits through reduced vehicle traffic on roads and parking areas. Increased active travel opportunities support healthy lifestyles and liveable communities.

Economic

The plan provides a concept to improve visitor experience that will provide a boost to the local tourism sector, especially given the Tathra Wharf is highly rated as one of the top visitor activities.

Risk

The key risk is that the plan does not meet the needs or deliver value to the community. The mitigation strategy was to undertake community consultation to inform the precinct plan design.

The revised precinct plan received positive feedback and a total of 92% were supportive or supportive in part of the plan.

Social / Cultural

The plan provides a concept for improved user benefits (leisure, satisfaction from improved access and views), community cohesion due to improved public recreational spaces, health benefits due to an increase in physical activity (walking, running, cycling) and environmental and cultural heritage benefits from greater access to the surrounding natural environments.

Attachments

1 ⇩. Tathra Wharf and Headland Final Precinct Plan - Listening Report

2 ⇩. Tathra Wharf and Headland Final Precinct Plan - Final Precinct Plan

3 ⇩. Tathra Wharf and Headland Final Precinct Plan - Walkway Options Study

Council 15 February 2023

Item 9.2

9.2. Request For Tender (RFT) 2223-006 Merimbula Airport Operations

This report details the outcome of the evaluation of Tender RFT 2223-006 Merimbula Airport Operations and recommends award to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accept the tender from (insert) in relation to contract for the services described in Tender RFT 2223-006 Merimbula Airport Operations, in the amount of $(insert) (including GST) per year subject to annual CPI adjustments for a period of 5 years with options to extend for a further 5 years (1+1+1+1+1).

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to this contract.

4. That all tenderers be advised of Council’s decision.

Executive Summary

Bega Valley Shire Council is the owner and aerodrome operator of Merimbula Airport.

Merimbula Airport is a certified aerodrome as specified under Part 139 of the Civil Aviation Safety Regulations (CASR).

The Airport provides essential links for professional, legal, specialist and medical services as well as passengers for tourism, employment, and business.

Merimbula Airport is a critical element of Council’s transport strategic direction and its’ operation and management for the provision of Regular Passenger Transport (RPT) services into the future will be critical to ensure the best outcomes for the community.

The Request for Tender, RFT 2223-006 Merimbula Airport Operations, was released for public tender via Vender Panel on Wednesday 30 November 2022 for a three-week period and closed on the 23 December 2022.

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

Background

Merimbula Airport is a critical element of Council’s transport strategic direction and its management and the provision of Regular Passenger Transport (RPT) services into the future will be critical to ensure the best outcomes for the community.

In accordance with Part 11.055 of the CASR, the Civil Aviation Safety Authority (CASA) may grant the authorisation only if the aerodrome facilities, equipment, aerodrome manual, and required management systems, comply with the CASR and the Part 139 MOS, and the aerodrome operator has demonstrated that they can safely operate and maintain the aerodrome.

As part of the aerodrome certificate Council must appoint an accountable manager (Airport Operator). This is a position that is appointed to ensure that inspection, reporting, operational and maintenance activities at the aerodrome meet the regulatory requirements.

The accountable manager must have a general knowledge of the relevant civil aviation safety standards that are applicable to the inspection, reporting, safe operation, and maintenance of the aerodrome.

Council currently contracts out this service to Merimbula Airport Operations Pty Ltd to manage this aspect on behalf of Council.

Council at its meeting of the 31 October 2018 resolved on the following regarding the Management and Operation of Merimbula Airport:

158/18

RESOLVED on the motion of Crs Allen and Fitzpatrick

1. That Council accept the conclusions and information as outlined in the report.

2. That Council note that Council are required to hold the Aerodrome Certification in accordance with CASA Regulation and are required to appoint Approved Person(s) with the necessary experience of aerodrome planning, maintenance and operation.

3. That in accordance with Government Act Chapter 6 Part 3 Division1 Section 55 3 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’

4. Council enter into negotiations with Merimbula Airport Handling for the Operation and Management of Merimbula Airport for a contract for two (2) years with an option to extend a further one (1 year) until the runway and terminal extension works are completed in accordance with existing contract documentation RFT 48/16.

5. That authority is delegated to the General Manager to enter into negotiations with Airport Agencies and to execute all necessary documentation

6.. That Council make the Confidential Attachment to this report public.

IN FAVOUR: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

AGAINST: Nil

Subsequently a contract was entered into with Merimbula Airport Operations Pty Ltd a separate company set up by Merimbula Airport Handling to provide the services for the Operation and Management of Merimbula Airport.

The contract commenced on 1 April 2019 for a two-year period ending on 31 March 2021 and both parties agreed to enact the option to extend the contract for a further period of twelve (12) months. Subsequently in November 2021 Council resolved to extend by a further 12 months due to the airport disruptions caused by the runway extension construction works and its impact on operations. The current expiry date is 31 March 2023.

In accordance with Council’s adopted Delivery Program 2022-25 and in advance of the expiry of the current contract Council staff undertook a formal tender process to appoint a suitable experienced and qualified Airport Operator on a long-term basis for 5 years with options to extend for a further 5 years (1+1+1+1+1) to undertake this key role to ensure the continued operation of Merimbula Airport.

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

Options

There are several options available to Council each with their own set of risks for the ongoing operation and management of Merimbula Airport. The main options available in broad terms are:

1. Council takes over full operations and management of the Airport.

2. Council seeks to divest itself of the Airport through a long-term lease or sale of the asset to a third party to operate the Airport.

3. Council approves the recommendation of the preferred tenderer in the Confidential Attachment for the long-term operation and management of Merimbula Airport as detailed in RFT 2223-006.

Community and Stakeholder Engagement

Engagement undertaken

No community or stakeholder engagement has been undertaken regarding this contract as it is considered to be an operational matter to ensure that Council continues to provide Regular Passenger Transport (RPT) services into the future.

Engagement planned

No community or stakeholder engagement is planned to be undertaken.

The tender process has been undertaken in advance of the current contract expiry to allow for a seamless transfer of any management and operational services and ensure no disruption to current Airport Operations to the community.

Financial and Resource Considerations

The current Airport budget provides a budget allocation for the cost of the operation and management of Merimbula Airport based on forecast revenues from passenger landing fees, aircraft landing fees and income from property leases at the airport.

The extent to which Council resources are required are dictated through the management of the service contract, ongoing administration, strategic management, and financial oversight.

Item	$ Excl GST
Expenditure Detail
Budgeted Airport Operating Costs (including operation and management contract, planned and reactive maintenance activities, legislative compliance and internal staffing costs)	$720,000
Total Expenditure	$720,000 (sum of all costs)

Source of Funds
Budgeted Passenger Landing Fees (PAX Charges)	$600,000
Budgeted Lease Income	$95,000
Budgeted Aircraft Landing Fees	$50,000
Total income available	*$745,000 total income = total project cost**

Total Service Cost	$720,000
Total Revenue	$745,000
Service Delivery Surplus/ Shortfall	*$25,000 = total expense – total income*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Annual maintenance and operational costs	$720,000
User charges (annual income)	$745,000

Merimbula Airport seeks to offset the cost of operating and maintaining the airport through

user charges, via the published fees and charges on Regular Transport Providers (RPT) through

passenger landing fees and landing and parking charges for both recreational and commercial

aircraft usage and leases and licences for the use of airport land.

Income received from RPT services is directly proportional to passenger numbers at Merimbula

Airport, Council currently receives ‘passenger landing charge’ from all passengers landing and

departing at Merimbula Airport as listed in our adopted Fees and Changes and has budgeted for annual passenger numbers of 60,000 per year.

Council has several fixed costs associated with running the airport to adhere to aviation

legislation including the Operation and Management Contract for the Airport, these costs are

attempted to be offset by the passenger landing fee income from Council’s adopted Fees and

Charges.

It is important to note, as with many regional airports across the country, Merimbula Airport is

heavily reliant on both State and Federal grant money to fund and deliver necessary capital

upgrades to meet the ever-changing aviation legislation and to ensure the assets are maintained and upgraded to meet industry standards for airport infrastructure.

The above figures do not include annual depreciation expenses.

Legal /Policy

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

Civil Aviation Safety Authority (CASA) is the Statutory Authority that conducts the safety

regulation of civil air operations in Australia, including the regulation of certified and registered

aerodromes primarily via the Manual of Standards (MoS) Part 139.

The Aviation Transport Security Act 2004 and associated Aviation Transport Security

Regulations 2005, establishes a regulatory regime to safeguard against unlawful interference

with aviation and is managed by the Department of Home Affairs.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Airport is a critical element of Council’s transport strategic direction and its management

and the provision of RPT services into the future will be critical to ensure the best outcomes

for the community.

The operation and Management of Merimbula Airport is consistent with several key strategic

directions set by Council as part of the Community Strategic Plan 2042

B. Our Economy

B.5. Collaborate with stakeholders to develop and enhance the economic opportunities provided by the Port of Eden, Merimbula Airport, East-West freight corridor, tourism services and facilities.

D. Our Infrastructure

D.8. Collaborate with relevant parties to grow the passenger numbers through key transport links at Merimbula Airport and Eden Port.

This project also aligns with actions identified in Council’s adopted Delivery Program 2022-25:

D8.1 - Ongoing management and operation of Merimbula Airport in accordance with aviation legislation

D8.1.3 - Undertake Request For Tender for the long term management and operation of Merimbula Airport

Environment and Climate Change

The operation of Merimbula Airport is governed by several key documents which balance the compliance, safety and environmental aspects of the operation and management of an airport these include:

· Aerodrome Manual in accordance with (CASR) and the Manual of Standards (MoS) Part 139.

· Airport Emergency Plan (AEP)

· Transport Security Plan (TSP)

· Wildlife Hazard Management Plan (WHMP)

· Aerodrome Safety Management System (ASMS)

· Drug and Alcohol Management Plan (DAMP)

· Operational Environment Management Plan (OEMP)

Economic

The economy of the Bega Valley has been traditionally dominated by primary industry including agriculture, forestry and fishing. While these industries are still significant, several other key sectors have developed including manufacturing, tourism and remote area employment in which Merimbula Airport complements.

There is growing momentum for projects linking air freight from the area. The Airport, as part of the regional/national transport network, provides access to business markets and thereby significant support to the local economy and at the same time airport operations generate a direct economic benefit.

Risk

The contractor will be required to assume the role of Airport Manager and be required to develop and maintain the aviation operational and commercial viability of the airside facilities at all times this includes the following key elements which help to manage the risk in running an airport.

· Provide effective management of the airport operation and maintain all tangible and physical assets of Merimbula Airport to the specifications and standards detailed by Council.

· Assist and provide input to Council in the review and implementation the asset management strategy for Merimbula Airport, identifying opportunities for improvement in safety, resilience and functionality with a contemporary best practice focus.

· Using risk management processes and industry knowledge/engagement, identify emerging issues and trends likely to impact Merimbula Airport operations and provide recommendations to Council to mitigate the impacts.

· Meet all regulatory requirements including, but not limited to, those related to aviation, security, work health, safety and the environment.

· Maintain and develop all relevant aviation support services in compliance with the applicable national stands and regulations.

· Perform the roles of Accountable Manager, including Civil Aviation Safety Regulations (CASR 139); Aerodrome Reporting Officer/Works Safety Officer (ARO/WSO); Security Contact Officer; NOTAM Originator; Aeronautical Data Originator and AIP Responsible Person.

· Maintenance of key statutory documents and processes, including but not limited to the Aerodrome Manual, Transport Security Program, Safety Management System, Wildlife Hazard Management Plan, Aerodrome Emergency Plan, etc.

· Utilise Risk Management processes to ensure hazards to aviation safety and persons generally are minimised in the aerodrome environment.

· Plan, lead and drive the safety and security management committees, aerodrome emergency committee and aerodrome emergency exercises.

· Establish a customer focused culture and maintain the highest standard of customer service.

Social / Cultural

Community benefit is arguably the main reason why Council owns and operates an airport. Airport operations are a vital component of an overall integrated transport network, which links the Bega Valley with capital cities and the wider regions.

The Airport provides essential links for professional, legal, specialist and medical services as well as passengers for tourism, employment and business.

Attachments

1. RFT 2223-006 Merimbula Airport Operations - Confidential Memorandum to Councillors (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 15 February 2023

Item 9.3

9.3. Request For Tender (RFT) 2223-041 South Bega Sewerage

This report outlines the evaluation of the Request for Tender (RFT) 2223-041 for the construction of South Bega sewerage gravity sewer main.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendation in the attached confidential memo

2. That Council accepts the tender from <insert> in relation to the contract for the works described in tender RFT 2223-041, separable portion A and B in the amount of <$insert> (including GST), subject to variations, provisional sums and prime cost items.

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

4. That all tenderers be advised of Council’s decision.

Executive Summary

This report details the outcome of the evaluation for RFT 2223-041 South Bega Sewerage.

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

The project is funded solely from the Sewer fund and has been included in the 2022/23 financial year budget forecast.

Background

The South Bega sewerage project aims to construct a gravity reticulated sewer network in South Bega. South Bega in the context of this report refers to the land south of Boundary Road, east of Newtown Road, and north of Kerrisons Lane.

The key objective of the project is to provide for cost effective development of a long-term reticulated sewer system that services the future developments of South Bega.

The South Bega area currently consists of large lots occupied by the Bega water reservoir, the Old Bega Hospital, a combination of commercial and industrial uses and farmland. The area is serviced by aging septic and pump out systems and would be improved by connecting into council’s sewer system.

The industrial area is being further developed now and into the future with identified development such as:

· community space on the Old Bega Hospital grounds,

· an eleven-lot industrial precinct,

· a new car sales and service yard, and

· development of the Bega water treatment plant.

Once reticulated sewer has been installed and connections available, this will open the area for further development. Surrounding lands could be developed for future residential and industrial objectives.

The project currently consists of a gravity reticulation sewer main terminating at the site of the proposed Bega water treatment plant (WTP). The WTP site shares a common boundary with the Old Bega Hospital and the new car sales and service yard. A connection point to the system will be supplied for the eleven-lot industrial subdivision to be available if the development proceeds.

A cost benefit analysis found that it is not currently viable to expand the system further until additional development is proposed. Increased load to the system for future development has been included in the design.

Although additional development potential is not a key driver for this servicing strategy, an options and economic analysis was prepared by Cardno (2020) identifying the preferred reticulation system, route, and benefits of the system.

This tender consisted of two separable portions A & B; separable portion A being the sections of main outside the Bega WTP site; separable portion B the section of main inside the WTP site. Portion B was described to allow Council options for mitigating risks associated with multiple contractors on one site. Council can award each separable portion to individual Tenderers, or alternatively award both separable portions to a single Tenderer.

Additional to tenderer responses of the RFT, a request for quotation for separable portion B only was sought from Laurie Curran Water (LCW), the contractor engaged to construct the Bega WTP. This request was undertaken within the Bega WTP contract, outside of the RFT 2223-041 process. The LCW quote is included in the confidential memo.

Options

The following options exist for consideration:

1. Accept the preferred conforming tender for combined Separable Portions A & B.

This option requires a single contractor on site for both separable portions of the project, represents best value for money and aligns with desired construction timeframes.

2. Accept the preferred conforming tender for Separable Portion A, decline all tenders for Separable Portion B and accept LCW quote as a variation to Bega WTP construction.

Construction of Separable Portion A to be undertaken by the preferred tender. Construction of Separable Portion B which includes property connections of the car sales yard, Bega WTP and Old Bega Hospital, to be undertaken by WTP construction contractor LCW.

This option may reduce the risks associated with having multiple contractors on one site, which could potentially lead to conflicts and increased safety risk if not well managed. These factors need to be balanced with other considerations including cost.

3. Decline all tenderers and enter negotiations with preferred tenderer.

This option presents a risk of delayed construction completion time and extended overlap on the site with the contractor for the Bega Water Treatment Plant.

Community and Stakeholder Engagement

Engagement undertaken

Landowners of adjoining and impacted properties have been consulted for their interest to connect, with subject properties being involved in the design of the pipe alignment.

Engagement planned

Further engagement with impacted landowners is planned once the successful tenderer is selected, and there is a known start date for construction.

Prior to commencement of works, the construction contractor will notify stakeholders including:

· Bega Valley Shire Council,

· landowners,

· utility owners, and

· residents that will potentially be impacted by the proposed works.

Stakeholders will be contacted by letter 28 days prior to the work starting. Council responses received within 21 days will be considered prior to works commencing. Adjacent landowners and the residents who will be directly affected by the works (access or noise) will be notified by letter 28 days before work starts and by telephone or door knocking 7 days before works start. Signs will be posted around construction site fences with contact details of the Construction Project Manager.

Financial and Resource Considerations

This project has funds committed from the Sewer Fund 2022/23 financial year budget. Adequate project contingency of construction costs have been factored in for potential variations of the contract resulting from discovery of hard rock or culturally significant items during excavation. Details are in the Confidential Attachment.

Legal /Policy

The tender process has been undertaken in accordance with the Local Government Act 1993 and Council policy.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program: C1.1 - Operate a contemporary local water utility that enables sustainable development, supports social wellbeing, and protects the environment.

C1.1.2 Operate and maintain water supply and sewage network systems to meet health and environmental regulatory requirements and level of service objectives - Network systems compliant.

Environment and Climate Change

Risk to public health and local environment will be reduced though the removal of on-site sewer management systems (OSSMS). Sewage generated from the connected properties will be treated within the Bega STP licence conditions.

A Review of Environmental Factors (REF) has been undertaken for this project in accordance with the Environmental Planning and Assessment Act 1979.

Economic

The preferred tenderer is a local contractor and engagement will retain the expenditure and employment in the local economy.

There is the potential benefit of further industrial property connection and future residential development with sewer network connections in South Bega.

Risk

Risk to public health and local environment will be reduced though the removal of residential and industrial on-site sewage management systems.

Excavation works have the potential to encounter hard rock and a contingency on construction costs is provided to cover variations in this instance.

The sewer main construction works will be undertaken at the same time as establishment of the Bega WTP construction site. There is risk of contractor conflict resulting in increased costs if not managed appropriately.

Social / Cultural

Positive social impacts gained through improved sewage removal and treatment to the expanding industrial precinct with the potential increase in housing stock availability as land is opened to smaller lot sizes (subject to rezoning).

Archaeological pedestrian survey of the entire proposed alignment and corridor was conducted on the 9th of December 2020 to determine whether Aboriginal sites were present or how likely they would be to occur. The alignment traverses disturbed or very disturbed land displaying low levels of exposure and visibility. No Aboriginal objects, Potential Archaeological Deposits (PADs) or sensitive landforms were identified as part of this archaeological survey.

Mitigation measures have been included in the REF and excavations will be monitored for potential impact to any historical or archaeological items.

Attachments

1. RFT 2223-041 South Bega Sewerage - Confidential Memorandum to Councillors (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 15 February 2023

Item 9.4

9.4. Request For Tender (RFT) 2223-047 Delivery of Arthur Kaine Drive Pavement Construction

This report details the outcome of the evaluation of tender RFT 2223-047 for Arthur Kaine Drive Pavement Construction and recommends further negotiation with the preferred tenderer prior to any contract award.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council decline to accept any tenders under Clause 178 if the Local Government (General) Regulation 2005 and enter negotiations with the preferred tenderer, with a view to entering a contract should the allocated budget be met, subject to variations and provisional sums

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to tender RFT 2223-047

4. That all tenderers be advised of Council’s decision

Executive Summary

The Arthur Kaine Drive pavement construction project is a grant funded project consisting of two stages funded by the Federal Government Heavy Vehicle Safety and Productivity Program, TfNSW Regional Road REPAIR program and TfNSW Block Grant. Stage 1 works start from approximately the airport entrance intersection southbound to Halfway Hill stockpile site and, Stage 2 being a continuation into Pambula village. Stage 2 is currently being planned in detail and is not the subject of this report.

This tender relates to Stage 1 of the project where works include pavement stabilisation, stormwater extension and relocation, timber footbridge removal, concrete cycle path construction, pavement lift, shoulder widening, line marking, and bitumen prime seal followed by a final bitumen seal.

Background

To raise, strengthen and provide structural improvements to Arthur Kaine Drive to allow airport related general and commercial freight, bus route, access to the Princes Highway and reduce pavement failure by reducing the frequency of pavement inundation.

The reduction in pavement inundation frequency will also improve community disaster resilience and complete an emergency access upgrade action RI-8 from Council’s adopted Merimbula Lake and Back Lake Floodplain Risk Management Plan 2021 that aims to eliminate isolation caused by flood events for the Fishpen community.

The Request for Tender (Construction) RFT 2223-047 – Arthur Kaine Drive Pavement Construction was released for public tender via VendorPanel on Friday, 16 December 2022.

A mandatory tender briefing was conducted at Arthur Kaine Drive on Wednesday, 11 January 2023 where tenderers conducted an inspection of the site. The tender briefing was attended by only two contractors.

The tender closed on Wednesday, 18 January 2023, and conforming submissions were received via VendorPanel from two tenderers.

Submissions were evaluated in accordance with the tender’s approved evaluation plan, of which, the recommendations are detailed in the attached confidential memorandum. Evaluation criteria consisted of:

PROJECT VALUE

Overall project cost

PROJECT DELIVERY AND FUNCTIONALITY

Proposed construction arrangements, including site establishments and traffic management plan

Construction program

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

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

PROJECT EXPERIENCE

Experience completing similar projects

Work health and safety, quality, and environmental management qualifications & experience

Demonstrated capacity to undertake a project of this scale

Options

There are no options associated with this report.

Community and Stakeholder Engagement

Engagement undertaken

No direct community consultation has occurred for this specific project, however considerable consultation has occurred with the airport project team, airport staff as well as in undertaking the Merimbula Airport Masterplan 2033, and Merimbula CBD Masterplan 2015. Further community engagement is occurring currently under a Movement and Place Transport Study commissioned by Council that focuses on Merimbula. The community are supportive of projects that improve their future resilience, and the quality of their road network.

Airport stakeholders, the local chamber of commerce, aquaculture (oyster growers) and light and retail industry have been consulted generally surrounding transportation issues. Stakeholders are supportive of improvements to Arthur Kaine Drive, and the Merimbula Airport is noted as being of state significance to these industries and the South Coast region.

Engagement planned

Communication and consultation will be ongoing with residents, businesses, and the wider community via a variety of communication means throughout the construction period including, although not limited to social media, website, media releases, and physical media.

Regarding the small-scale drainage and section upgrade of the shared concrete pathway within the road reserve adjoining Merimbula Airport. This work involves minimal ground disturbance and has been subject to an Aboriginal Heritage Due Diligence Assessment where it was determined that the subject area holds very low archaeological potential and sensitivity and no Aboriginal cultural material observed during previous site inspections.

To manage the potential for unexpected Aboriginal burial remains during previous development works associated with the Merimbula Airport, which is adjacent to the subject area, it has been a typical practice for representatives of the Eden LALC to be afforded the opportunity to monitor initial ground disturbing works on lands managed by Council. Consequently, staff will consider this as a management option for the proposed works.

Financial and Resource Considerations

Both stages of the project are funded by a grant by the Federal Government’s Heavy Vehicle Safety and Productivity Program and contributions from TfNSW Repair and Block grants. The current available funding is deemed adequate to fund the scope of works for both stages of construction however the two submissions received exceed staff estimates for Stage 1 and should the contact be awarded now without a value engineering exercise it would impact the ability to adequately fund Stage 2 .

Item	$ Excl GST
Expenditure Detail
Capital Works	Refer to the confidential attachment

Total Expenditure	$ Confidential

Source of Funds
TfNSW Repair	Refer to the confidential attachment
TfNSW Block	Refer to the confidential attachment
Heavy Vehicle Safety and Productivity Program	Refer to the confidential attachment

Total income available	$ Confidential

Total Project Capital Cost	$ Confidential
Total Available Construction Funding	$ Confidential
Project Funding Shortfall	$ Confidential

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal & Upgrade	$ Confidential
Annual maintenance and operational costs	Current maintenance (per km) $8,300 Predicted maintenance (per km) $2,600
Depreciation costs	Estimated future depreciation (per km) $13,515

Legal /Policy

The tender process was undertaken in accordance with Section 55 of the Local Government Act 1993 and Part 7 of the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with the Community Strategic Plan:

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

The project aligns with the Delivery Program and Operational Plan’s theme areas:

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

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

The project also has strategic alignment with TfNSW Draft South East and Tablelands Regional Transport Plan now on exhibition for facilitating multi-modal access.

Environment and Climate Change

To improve community disaster resilience by raising the target segment to implement an emergency access upgrade action RI-8 from Council’s recently adopted Merimbula Lake and Back Lake Floodplain Risk Management Plan 2021, which intends to eliminate isolation of the Fishpen community from flood events. The road raising will also increase the resilience of the target segment to pavement failure by reducing the frequency of pavement inundation.

Economic

The renewal of the road pavement and raising of the road will future proof vulnerable and extremely important transport links between the communities of Pambula and Merimbula, and across the region to the airport. This is viewed as fundamental to Council strategy to provide the airport and the adjacent developing area for future economic growth including tourism access.

Making this road more resilient into the future will provide certainty to light industry and freight logistics to the viability of Merimbula Airport as a logistics hub capable of supporting various operations. It will likely stimulate increased development on the adjacent land and provide further access for our oyster growers to international markets when considered in context of the Merimbula Airport upgrade.

Risk

The renewal of the road pavement and raising of the road will:

· Mitigate vulnerable and extremely important transport links between the communities of Pambula and Merimbula, and across the region to the airport

· Cater to traffic growth and increase in nearby industrial development areas

· Improve community disaster resilience e.g., Merimbula Lake and Back Lake Floodplain Risk Management Plan 2021 to eliminate isolation of the Fishpen community from flood events under action RI-8

· Reduce pavement failure by reducing the frequency of pavement inundation

Social / Cultural

The renewal of the road pavement and raising of the road will:

· Mitigate vulnerable and extremely important transport links between the communities of Pambula and Merimbula, and across the region to the airport

· Improve community disaster resilience which intends to eliminate isolation of the Fishpen community from flood events

· Provide the airport and the adjacent developing area for future economic growth including accessibility and trade, productivity, inward investment, tourism, and commercial activity according to the Merimbula Airport Masterplan 2033

Attachments

1. Confidential Attachment - RFT 2223-047 Delivery of Arthur Kaine drive pavement construction (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 15 February 2023

Item 9.5

9.5. Tender award for Environmental Impact Statements for the Central Waste Facility

This report provides details on finalisation of the tender RFT 2223-033 for preparation of two Environmental Impact Statements for the Central Waste Facility and seeks Council approval to execute a contract with the successful tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from <insert> in relation to contract for the services described in Tender RFT 2223-033 CWF Environmental Impact Statements, in the amount of <$insert> (including GST).

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to this contract.

4. That all tenderers be advised of Council’s decision.

Executive Summary

Two developments at Council’s Central Waste Facility (CWF) require detailed EISs to submit with the development applications, (1) for the proposed organics processing facility (OPF) and (2) expansion of the landfill.

A thorough tender process was conducted as outlined in the attached confidential tender evaluation report. A recommendation has been presented which represents value for money and experienced contractors in preparing waste related EISs.

The expansion of the approved landfill airspace and construction of an organics processing facility cannot proceed without environmental impact statements.

Background

Pressure on the Merimbula Organics Processing Facility has prompted council to plan a new outsourced, purpose-built organics processing facility at the CWF. In addition, the landfill airspace at the CWF originally expected to last around 40 years, has a current estimate of 16 years of landfill capacity remaining. The reduced capacity is due to a number of factors including natural disasters and the construction of the South East Regional Hospital reducing the landfill life expectancy. Consultants are currently preparing designs for an expanded landfill capacity at the site.

Development consent for the CWF located in Wolumla was granted in 2012 after ten years of community consultation and to avoid delays council have commenced the approval process for expanding the landfill now.

Separately Council endorsed the development of a new, purpose-built organics processing facility at the CWF in the Council meeting on 17 February 2021. An Expression of Interest (EoI) for a new outsourced facility was released in January 2023.

Due to the size and type of the development, an EIS is required for each development, of which the development consent will be sought separately.

The tender was released on Vendor Panel 30 November 2022 and closed on 21 December 2022. There were five submissions, of which four were conforming.

Selection criteria for assessment of the submissions are as follows:

Criteria category	Criteria	Weighting
Project value	Lump sum price breakdown	30%
	Provisional sums	15%
	Schedule of rates for variations	5%
Project delivery and functionality	Recognition of local outcomes, demonstration of support for local business and community enterprise	5%
Project experience	Experience completing similar projects	15%
	Tactical approach and methodology, including Work health and safety, quality and environmental management qualifications	15%
	Relevant experience and qualifications - key personnel	5%
	References	5%
	Demonstrated capacity to undertake a project of this scale	5%

Options

The options available are to

1. Accept the preferred tenderers submission as recommended in the confidential attachment and enter into a contract with that supplier,

2. Enter into a contract with another tenderer; or

3. Reject all submissions and re-tender for this package of work.

Community and Stakeholder Engagement

Engagement undertaken

Council staff have been engaging with the local community and various stakeholders through the development of the organics processing facility project and the landfill expansion. These groups include:

· Department of Planning and Environment

· Environmental Protection Authority

· Local and wider community through community briefings (September-October 2020)

· CWF Consultative Committee

· Waste Sevices Organics Processing Team (Merimbula)

In determining the Secretary’s environmental assessment requirements for the development applications, the following agencies have provided their requirements to be covered by the EISs:

· Department of Planning and Environment

· Environmental Protection Authority

· Natural Resources Access Regulator

· Water NSW

· Transport for NSW

· Biodiversity Conservation Division of the Environment and Heritage Group

Engagement planned

Council is proposing to undertake initial consultation prior to the development applications being submitted and provide an opportunity for the community to have their say on the development and incorporate their feedback into shaping the EIS. Once the EIS is on public exhibition, further submissions are sought from the public in accordance with the provisions of the Bega Valley Shire Community Engagement Strategy, and a submissions report will be prepared and responded to.

Financial and Resource Considerations

The cost for preparation of the EIS documents is a one-off expense, however that form part of larger projects which have been supported by Council’s waste strategy and subsequently incorporated in the delivery and operational plan, and the long-term financial plan.

Grant funding to the value of $4.2 million has been awarded to Council by the NSW EPA under the Bushfire Recovery Program for various projects relating to infrastructure at the CWF site. As part of this funding package, $700,000 was allocated towards due diligence, investigation and preparation works associated with the CWF landfill expansion and organics processing facility development applications, including preparation of the supporting EIS documents.

Legal /Policy

A development application for large scale projects such as the organics processing facility and landfill expansion require an Environmental Impact Statement to support the application. The EIS needs to address the Secretary’s Environmental Assessment Requirements (SEARs) as prescribed by the Environmental Planning & Assessment Act 1979.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The expansion of the CWF landfill and construction of a new organics processing facility are referenced in the Community Strategic plan:

3 - Sustainable Living, 3.6 - We are leaders in sustainable living and support innovative approaches to resource recovery and the production of renewable energy and food,

Action 3.6.3 - Deliver strategic waste minimisation programs and Action 3.6.1 - Deliver waste collection, waste disposal and recycling services and infrastructure.

The expansion of the CWF Landfill, and construction of an outsourced OPF are consistent with the adopted Waste Management and Resource Recovery Strategy (2018-2028) ‘Recycling the Future’ and largely borne from its successful delivery.

Environment and Climate Change

The EISs will consider all potential impacts of the proposed developments on the social, natural and built environment, and develop appropriate measures to avoid, minimise, mitigate and/or manage these potential impacts.

Economic

Investing in expanding the existing CWF landfill footprint avoids the costly and time-consuming process of finding a new landfill site in the Bega Valley, the likelihood of which continues to decrease each year.

A new purpose-built Organics Processing Facility at the CWF replaces the need for continued investment in the underperforming facility at Merimbula, and will ensure increasing levels of organic wastes can be beneficially re-processed and kept out of landfill.

Risk

A risk management plan has been prepared for both the CWF landfill expansion and organics processing facility projects. Preparing EISs for the proposed developments will mitigate potential risks identified by the agencies identified above and as part of the development assessment process.

Social / Cultural

The community has overall been very positive about the introduction of FOGO in late 2018. Plans for extending the FOGO kerbside collection and FOGO for businesses collections are currently on hold until infrastructure can be constructed to cope with the increased volumes.

Whilst the initial responses to the CWF being constructed at Wanatta Lane were less positive, the have been relatively few complaints since the CWF became operational in December 2013.

Any changes to the CWF site are expected to be heavily scrutinised by the public and local community groups. The EIS process will seek to address those concerns and avoid, minimise, mitigate, and/or manage those potential impacts.

Attachments

1. RFT 2223-033 Preparation of two Environmental Impact Statements for the Central Waste Facility (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 15 February 2023

Item 9.6

9.6. Reporting of minutes for October 2022 Central Waste Facility Consultative Committee meeting

This report provides the adopted minutes for the October 2022 Central Waste Facility (CWF) Consultative Committee meeting.

Director Assets and Operations

Officer’s Recommendation

That Council note the report and the Central Waste Facility (CWF) Consultative Committee meeting minutes which are appended to the report.

Executive Summary

This report provides the adopted minutes for the October 2022 CWF Consultative Committee meeting, for information.

Background

Committees of Council provide a mechanism for community involvement in the provision of Council facilities or services. There are three types of committee that may be established by a council: Committees of Council, which are comprised entirely of Councillors; Section 355 Committees, which are delegated under Section 355 of the Local Government Act 1993 to undertake certain functions of Council and may include community representatives, Councillors and/or members of Council staff; and Advisory Committees, which may be made up of community representatives, Councillors and/or members of Council staff, and provide advice to Council on relevant matters.

Relevant recommendations of Advisory Committees are reported to Council meetings through Council officers for consideration.

A brief outline of the CWF Consultative Committee is included in this report is below.

Central Waste Facility (CWF) Consultative Committee

In determining the application for development consent for the CWF, it was also resolved that “BVSC form a Consultative Committee that includes three representatives of residents of the immediate locality, for the purposes of providing a forum for information exchange and consultation regarding the operation of the Central Waste Facility.” Council endorsed the creation of the Committee on 6 November 2013.

In accordance with the Consultative Committee Guidelines, the committee meet in April and October of each year.

Options

There are no options associated with the recommendation of this report.

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

There are no further engagement requirements associated with the recommendation of this report.

Council is currently calling for nominations from community members to be part of the committee, with all positions now currently vacant after a two-year term. Nominations for positions on the committee are being sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit.

Financial and Resource Considerations

There are no financial or resource considerations associated with the recommendation of this report.

Council officer time is required to provide support to the committees as per committee guidelines.

Legal /Policy

The CWF consultative committee is not a Committee of Council within the meaning of Section 355 of the Local Government Act (1993). The committee has no executive function.

The committee is formed for the purposes of providing a forum for information exchange and consultation regarding the operation of the CWF.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community representation on Council’s advisory committees supports the following elements of the Bega Valley Community Strategic Plan 2042:

6. Strong, Consultative Leadership

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

6.11.1 Improve communication about Council activities, decisions, and achievements.

Environment and Climate Change

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

Economic

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

Risk

The establishment and operation of committees of Council are part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

Attachments

1 ⇩. 2023.02.15 ATTACHMENT CWF Consultative Committee Minutes October 2022

Council 15 February 2023

Item 9.7

9.7. Reporting of minutes- sportsground advisory committee meetings 30 May and 22 August 2022

This report provides the adopted minutes for the Section 355 General Sportsground Quarterly Committee May 2022 and August 2022 meetings.

Director Assets and Operations

Officer’s Recommendation

That Council receive and note the report and the Section 355 General Sportsground meeting minutes which are attached.

Executive Summary

This report provides the minutes from the 30 May 2022 and 22 August 2022 meetings of the S355 General Sportsground committee, for information.

Background

Committees of Council are established each term of Council and disbanded at the end of each Council term. On 11 January 2022 Council established various committees, groups and panels, following the Mayoral Election. The appointment of volunteer representatives to community sportsground committees including S355 committee was included in the 18 May 2022 Council report.

Relevant recommendations of Advisory Committees are reported to Council meetings, through Council officers, for consideration.

Council has various sporting facilities across 17 sites with a range of assets with a current replacement cost of $44m. The current BVSC Sportsgrounds management structure was established in 2016. The intention of the S355 General Sportsground Committee is to consider matters that relate to sporting facilities management in a Shire wide context. Roles and responsibilities include:

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

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

· Advising Council of the membership of individual sportsground community committees

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

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

Options

There are no options associated with the recommendation of this report

Community and Stakeholder Engagement

Engagement undertaken

Engagement planned

The S355 Sportsground Committee will be advised the meeting minutes have been reported and noted by Council.

Financial and Resource Considerations

There are no financial or resource considerations associated with the recommendation of this report.

Council officer time is required to provide support to the committees as per committee guidelines which is part of the annual activities of Council.

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community representation on Council’s advisory committees supports the following elements of the Bega Valley Community Strategic Plan 2042:

6. Strong, Consultative Leadership

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

6.11.1 Improve communication about Council activities, decisions and achievements

The following task is identified in the Core Business section within the Parks Aquatics and Recreation section of the Delivery Program 2022-25 + Operational Plan 2022-23:

Coordinate with community groups, committees, and volunteers to oversee the management and maintenance of community sporting and recreation facilities

Environment and Climate Change

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

Economic

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

Risk

The establishment and operation of committees of Council are part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

Attachments

1 ⇩. S355 General Sportsground Committee meeting minutes 30 May 2022

2 ⇩. S355 General Sportsground Committee meeting minutes 22 August 2022

Council 15 February 2023

Item 9.8

9.8. Options for Waste Roadside Collection Expansion Project and Cobargo Transfer Station

This report is to provide a project update and options for the expansion of rural waste roadside collection services and the future of the Cobargo Waste Transfer Station site.

Director Assets and Operations

Officer’s Recommendation

That Council:

1. Cease the rollout of bin banks under the Rural Roadside Collection Expansion project.

2. Undertake detailed design and construction to trial semi-autonomous waste deposit system for municipal household waste (including co-mingled recycling) at the Cobargo waste transfer station site for up to 2 years to inform options for the consolidation of Council’s waste sites.

Executive Summary

This report provides a project status update for the rural waste roadside collection expansion project and options for the future of the Cobargo Waste Transfer Station site. Survey, design reviews and updated cost estimates were completed by the project team in September 2022.

The total cost of constructing bin banks to expand the roadside collection network and close the Cobargo Waste Transfer Station exceeds the project budget and does not represent a value for money outcome for the community.

Since September 2022 the project team have completed a risk assessment and high-level options analysis and provide this report to Council seeking a new resolution to halt the construction of bin banks and redevelop the Cobargo Waste Transfer Station to provide a higher level of service to the community in the north of the Shire, while reducing capital investment and operating costs in the long term.

Background

The Waste team reported to Council on 26 August 2020 and again on 17 February 2021 with a holistic update of “Waste Facility Consolidation and Modernisation” against the adopted (2018) ten-year waste strategy and its waste diversion models. At these meetings it was presented that an expansion of up to 1100 new rural waste collection services could be rolled out beginning in 2021, and that the project would not have a significant financial impact to Council. The expansion of services was a pre-condition to permanently closing the Cobargo waste transfer station with a transitional closure plan for Candelo waste transfer station to be developed. The Wallagoot waste transfer station is also to transition to closure but is not contingent on expansion of services.

Various issues have slowed progress, most notably project and managerial staff turnover in the Waste team and prioritising disaster recovery delivery by Council’s engineering and project management teams. Survey, design review and updated cost estimates were completed for the initial rollout of bin banks in September 2022 and engagement with the waste roadside collection contractor Cleanaway has been ongoing.

It became apparent that the capital investment required to expand the collection network to 1100 new customers across the shire would not deliver on the promise of an insignificant financial impact to Council. Updated estimates show that a standard bin bank would likely cost more than $7,000 per service (one household’s red and yellow bin), and that expanding the collection network further along many of Council’s unsealed rural roads could not be achieved due to prohibitive safety and construction cost issues. The addition of a FOGO green bin may also be mandated by 2030, increasing the cost per service further. Rural bin banks are also at a high risk of bushfire impact, with a third of the Council’s existing bin banks having been destroyed in the 2019-2020 Black Summer bushfire event and requiring replacement and/or remediation.

Given the risk profile and projected costs, it is estimated that up to $4.6m in upfront capital investment would be required to deliver on some of the original project objectives. This would still result in a high-risk asset susceptible to destruction in a bushfire and would still leave large numbers of residents without a rural roadside collection service.

The project team identified that proceeding without reporting back to Council was not in the community interest and began to identify alternative options for the delivery of waste services for rural residents. Historical costs of our transfer stations clearly identify that the majority cost of operation is in staff wages. Operating models that minimise staff attendance at the sites through the adoption of value for money technology options whilst charging fair fees for services are fundamental to the design options considered. These options, and any relevant background are provided below and in the supporting information attached.

Currently Cobargo waste transfer station is closed to the general public. Fire impacted residents with written permission from Council can drop off household general and co-mingled recycling free of charge during two four-hour (2 x 4 hr) windows per week. Cobargo is a legacy landfill site (contaminated land) that requires ongoing management regardless of operational activities conducted at the site. A soft rollout of new services was delivered to Link Rd, and parts of Wandella Rd in November 2022 as no capital works were required to achieve this.

As a legacy landfill site Cobargo waste transfer station will require ongoing management to monitor for and prevent adverse environmental issues. It is not known what impact the 2019-2020 Black Summer Bushfire had on the condition of the landfill. Some investigation and remediation will be necessary in consultation with the EPA NSW. This has been planned and budgeted separately to this project.

Options

Option 1 – Deliver against Council’s existing resolution of 17 February 2021 – “Expanding the rural roadside collection service to rural properties…. keeping Cobargo closed and not removing the temporary skip bins in place at Cobargo until the collection service to all rural properties has occurred.”

This option is very high risk and very high cost, requiring significant additional project funding up to a total of $4.6 million and is unlikely to roll out services to all of the 1100 customers originally envisaged due to practical access constraints. Failing to reach all 1100 customers also undermines the ability to close transfer stations despite the significant increase in investment.

This is not the recommended option.

Option 2 – Formalise the current status quo, with no-charge domestic waste drop off at skip bins located at Cobargo waste transfer station, no construction of bin banks and very limited expansion of the roadside collection service.

This option is medium-high risk and low cost but does not deliver against Council’s waste diversion strategy and provides a low level of service to residents in bushfire impacted communities. Further, as the Cobargo and surrounding communities rebuild and recover, fees and charges would be applied inequitably across the shire.

The option would formalise:

· Providing a rural roadside collection service to eligible residents on Yowrie Rd, and potentially Dignam’s Creek Rd pending the outcomes of community engagement (both sealed transitioning to unsealed roads).

· Planning approvals for rebuild of operations for a condensed domestic waste only drop off service at the former Cobargo waste transfer station site.

· Site operating hours of two four-hour (2 x 4 hr) windows per week.

· Permanent access and security fencing replacing the current temporary fencing.

· Minimal renewal of existing operational buildings including site office, storage, water tanks and other fire-fighting equipment.

· Candelo waste transfer station would not transition to close.

This option is presented in lieu of rebuilding the site to its prior operating model, as the net operating cost of Cobargo Waste Transfer Station in this option is lower than the operating costs of the site prior to the Black Summer Bushfires.

This is not the recommended option.

Option 3 – Undertake designs and cost estimates for the redevelopment of the Cobargo Waste Transfer Station as a semi-autonomous site for domestic waste, and the implementation of fees for use.

This option is medium-high risk and medium cost but delivers on Council’s waste diversion strategy. This site would be a pilot site for semi-autonomous waste drop off sites in rural locations providing a higher level of service to residents and contributing to Council’s diversion strategy targets. If successful it would serve as a model for the development of the Shire’s other high cost, low impact sites, Candelo and others. There would be no construction of bin banks and very limited expansion of the rural roadside collection service.

Reducing the scope of waste operations at some or all of our waste transfer stations in turn lowers capital and operational costs in the long term. This allows Council to deliver on the objectives of its strategy and invest in upgrading Bermagui and Eden Waste Transfer Stations agreed at previous Council meetings.

This option would include:

· Planning approvals for redevelopment of operations at the former Cobargo Waste transfer station site.

· Design and construct domestic general waste and co-mingled recycling drop off, adopting existing technology options for autonomous and semi-autonomous waste deposit systems. Examples are provided in the attachment.

· Development of policies and procedures (including fees and charges) to incentivise responsible use of the site and waste diversion.

· Pilot the site and measure benefits over 1-2 years to determine whether the model is successful and can be rolled out to other rural locations in the Shire, including but not limited to Candelo waste transfer station catchments.

This is the recommended option.

Community and Stakeholder Engagement

Engagement undertaken

In addition to the community engagement reported at the previous Council meetings, project staff have undertaken additional community engagement in December 2022 – January 2023. Surveys conducted with users at the Cobargo waste transfer station and received during the delivery of new services to Link Rd, Wandella indicate strong community support for expanded waste collection services. Waste collection fees associated with a return of services appear satisfactory to the residents surveyed.

The project team have conducted early engagement with industry and other local governments (including in New Zealand) to understand the technology options available for automated waste deposit systems. This has been used to understand cost and feasibility of adoption.

Engagement with collections contractors is ongoing. Contractors are not strictly contractually obliged to accommodate an unlimited expansion of services; however, to date they have indicated they can support the expansion of specific services proposed for Yowrie and Wandella.

Engagement planned

The project will require ongoing engagement with the community to manage expectations of service and any deviation from the original project deliverables. If Council resolve to re-scope the project (Option 2 or 3) an updated engagement management plan will be developed based on the resolution. This would include a “Have Your Say” including an update on progress to date, the reasons for the Council’s decision, and information on the new project scope.

Financial and Resource Considerations

Option 1

Item	$ Excl GST
Expenditure Detail
Bin Bank Construction (Variance due to factoring losses through disaster)	$3,104,000-$4,655,000
Total Expenditure	XXXX (sum of all costs)
	$3,104,000-$4,655,000
Source of Funds
Approved Budget – General Fund	$1,105,000
Total income available	* total income = total project cost
	$1,105,000
Total Project Capital Cost	$3,104,000-$4,655,000
Total Available Construction Funding	$1,105,000
Project Funding Shortfall	*$1,999,000-$3,550,000*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| New	$3,104,000-$4,655,000
Annual maintenance and operational costs	$554,030
Depreciation costs	$29,300
User charges (annual income)	$551,100

Option 2

There are minimal expenditure requirements for Option 2.

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	$45,000
Annual maintenance and operational costs	$107,666
Depreciation costs	$2,238.88
User charges (annual income)	$0

Option 3

Item	$ Excl GST
Expenditure Detail
Engagement and Consultation	$50,000
Planning Costs	$19,000
Site Establishments	$0-15,000
Semi-autonomous System and Services	$445,000-$610,000
Site Access Controls and Security	$15,000-$30,000
Landscaping and Signage	$0-$10,000
Renewable Power	$0-$50,000
PM Costs	$219,730
Contingency	$79,350-$110,100
Rollout @additional localities Contingent on trial success	$250,000
Total Expenditure	XXXX (sum of all costs)
	$1,078,080-$1,363,830
Source of Funds
Approved Budget – General Fund	$1,105,000
Total income available	* total income = total project cost
	$1,105,000
Total Project Capital Cost	$1,060,400-$1,346,150
Total Available Construction Funding	$1,105,000
Project Funding Shortfall	*$26,920 to* *-$258,830*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| New	$1,346,150 (Upper estimate)
Annual maintenance and operational costs	$62,600
Depreciation costs	$15,000
User charges (annual income) Options for fees and charges under consideration	$62,600-$250,000

Legal /Policy

Council operates and controls waste management activities within a framework of Commonwealth, State and Local Government policy and legislation. Waste and recycling depots are regulated by the Protection of the Environment Operations Act 1997 and Council has licenses in place with the NSW Environment Protection Authority that regulate activities.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s Community Strategic Plan (CSP) provides Council’s vision, goals and strategies for the next 10 years. It describes how the community’s priorities and aspirations will be delivered, and is supported by the Resourcing Strategy outlining money, assets, people and time required to deliver the strategy. The CSP clearly reflects the community’s desires, targeting minimisation of waste to landfill and increased reuse, recycling and resource recovery.

The CSP Strategies C.3. “Collaborate with partners and our community to support innovative approaches to waste minimisation and increase reuse and recycling opportunities” and D.2. “Provide infrastructure and services to meet needs of residents in our towns, villages and rural areas” achieve the sustainable development goals 9 Industry Innovation and Infrastructure, 10 Reduce Inequalities, 11 Sustainable Cities and Communities and 12 Responsible Consumption and Production.

Council’s waste strategy is a ten-year guide for delivering improvements in recycling and reducing waste to landfill. The strategy, adopted by Council in 2018, identifies significant opportunities for improving diversion of waste from landfill by encouraging waste avoidance and reduction and by delivering new initiatives to increase recycling and resource recovery. Not only does recycling and resource recovery provide direct and indirect commercial returns, reduction in waste to landfill lowers site operating costs, whilst also adding useful life to landfill assets and hence reducing net environmental impacts.

The recommended Option 3 continues to achieve the Council’s waste diversion strategy, albeit differently to how it was originally envisaged.

Environment and Climate Change

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

Council’s adopted Climate Resilience Strategy 2050 recognises that every decision about the future of the Shire, each new policy approach or new project, should build the resilience of the places and individual communities touched by these decisions. Council’s decision to support a circular economy through waste diversion and reuse, helps to achieve those objectives.

The original Council reports sought to consolidate sites. The recommended Option 3 presented in this report pilot’s low cost, low infrastructure, high technology options that can be rolled out at sites cross the shire. The concentrating of waste management activities to fewer sites means a greater level of control and ease of supervision whilst reducing Council’s overall environmental footprint, operating costs and the risk’ of events’ through operations.

Opportunities to divert waste from landfill through resource recovery prolongs the life of Council’s existing landfill and any associated expansion to landfill capacity at the CWF.

Economic

The 2018 National Waste Policy references that, on average, every 10,000 tonnes of waste material equates to either 2.8 landfilling jobs, or 9.2 recycling jobs. By focusing on resource recovery, Council can contribute towards creating a local circular economy and help drive employment, with long-term economic, social and environmental benefits. This transition will generate jobs, increase the robustness of the local economy, increase the accessibility of goods, maximise the value of resources and reduce waste and Green House Gas (GHG) emissions.

A circular economy involves adding value to our waste resources by getting as much use out of products and materials as possible and reducing the amount of waste we generate. For example, using recycled materials in manufacturing, repairing household goods before buying new ones or repurposing items that are no longer used.

Risk

Project staff have completed a comprehensive risk assessment in accordance with Council’s Enterprise Risk Management framework. The results of the project risk assessment and updated cost estimate informed this report.

There is a very high risk that proceeding with Option 1 will not deliver the intended benefits (enabling the closure of Council’s low impact, high-cost waste transfer stations) and that the significant cost of delivering bin bank infrastructure is not value for money. There is also a risk that if the infrastructure is delivered, it will need to be expanded to accommodate FOGO by 2030 and is very susceptible to bushfire fire risk.

Option 2 still carries medium-high risks. Whilst the option is low cost, it reinforces community inequality, fails to remediate a fire affected site, and does not deliver on Council’s waste diversion strategy.

Option 3 still carries medium-high risks. It balances risks by adopting a pilot approach to technology adoption and is intended to be scalable and re-deployable. It also provides an opportunity to learn and refine Council’s waste’s transfer station operations based on the results of the pilot. It addresses community inequality by restoring a level of service to a fire affected community. Importantly it continues to delivery on Council’s adopted strategy, albeit differently to how it was originally envisaged. The risks remain that the higher technology option may result in further project delays, and technical complexity.

Social / Cultural

Eden and Bermagui transfer stations may still be transformed and act as community spaces, which support collaboration, education and opportunity. These spaces may be used for men’s sheds, school groups, skills training and sustainability workshops – opportunities to bring communities together.

Transition plans for Candelo and Wallagoot can still be progressed, and other sites – Bemboka and Merimbula can be assessed based on project delivery learnings.

Supporting the circular economy creates opportunity for local community groups to work together towards a shared vision. Local indigenous groups could be supported via partnerships, bringing and sharing skills, whilst working together.

Attachments

1 ⇩. Options for Waste Roadside Collection Expansion Project and Cobargo Transfer Station

Council 15 February 2023

Item 9.9

9.9. BVSC Funding Contributions - Pambula Sports Building and Merimbula Foreshore and Boardwalk

Council recently received notification that grant funding applications for two major projects had been successful through NSW Government funding programs. The report gives an overview of additional funding amounts required.

Director Assets and Operations

Officer’s Recommendation

1. That the information in the report be received and noted.

2. That $1,653,000 be allocated to the Pambula Sports Building project from the developer contributions fund.

3. That Council continues to investigate and advocate for other external funding sources to meet the estimated construction costs of the Merimbula Foreshore and Boardwalk Project.

Executive Summary

At the Council meeting on 17 August 2022, Council considered the report 9.2 Pambula Sports Building Funding. That report gave an overview of the projects, particularly that significant external grant funding would be needed and that often grant programs require an applicant or other funding partner contribution. The report gave an overview of funding options available to Council.

Since that report Council had also submitted a funding application to deliver the Merimbula Boardwalk project based on the concept design endorsed by Council at its meeting on 20 April 2022 - report 9.4. Merimbula Boardwalk and Foreshore Path Concept Design. That funding application was also successful and needs an additional funding contribution from BVSC.

This report provides an overview of funding options to meet the additional funding requirements for both projects, and recommended actions to move forward with the project.

Background

At the Council meeting on 17 August 2022, Council considered the report 9.2 Pambula Sports Building Funding. Funding options included in that report were Council resolved inter alia:

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

Options

Options to fund Parks, Aquatics and Recreation capital projects including the Pambula Sports building project outlined in the 17 August 2022 Report were:

External Grant Funding: Sourcing external grant funding is the favoured option to fund the bulk of the major project. This successful funding application for both these projects reflects the success of this approach. There may be the opportunity to try and apply for other smaller scale grants to cumulatively reach the funding amount required, however this approach is considered higher risk at this stage.

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

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

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

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

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

Community and Stakeholder Engagement

Engagement undertaken

There have been ongoing Project Control Group (PCG) meetings for both projects. Outcomes of broader community consultation related to the Merimbula Foreshore and Boardwalk project are published on the project page on the BVSC webpage.

Engagement planned

Project Control Groups will continue to be informed and consulted through design development and the broader community will be updated through by BVSC communications steams at key project stages.

Council will continue to engage with Federal and State government to advocate and investigate funding options toward the Merimbula Foreshore and Boardwalk Project.

Financial and Resource Considerations

Pambula Sports Building Project

At the time of drafting the report final review of tender documents for the Pambula Sports Building Project was underway with procurement expected to be completed by April 2023. Prior to going to tender Council needs to confirm the funding source to supplement the NSW Multi-Sport Community Facility Fund R2 funding. Pambula Sporting Complex improvements are included in the current S94 Developer Contributions Plan adopted in 2014. While there have been considerable escalations since that plan was adopted the current project relates to the S94 Developer Contributions Plan. This is the recommend funding source for the Pambula Sporting Complex Building project, as shown in the table below.

Council had applied for funding through the Federal Building Better Regions Fund, however following the most recent Federal Election this program has been discontinued. Although the current Government has indicated there would be a similar replacement program, there is little clarity at this stage as to when the program will be rolled out or what the funding criteria will be. In the case of the Pambula Sporting complex, it is considered to high risk to wait for further Federal funding opportunities which would jeopardise the existing state funding due to funding deadlines.

Pambula Sports Building Project

Item	$ Excl GST
Expenditure Detail
Project Construction Estimate	$4,943,000
Total Expenditure	$4,943,000(sum of all costs)

Source of Funds
NSW Multi-Sport Community Facility Fund R2	$3,290,000
BVSC Developer Contributions Funds	$1,653,000
Total income available	* total income = $4,943,000

Total Project Estimate Capital Cost	$4,943,000
Total Available Funding	$4,943,000
Project Funding Shortfall	*= $0*

Merimbula Foreshore and Boardwalk Project

As is noted below, this project is entering the detailed design and approvals phase. It is a sensitive site with multiple agencies involved. The detailed design process is expected to continue over the coming 18 months. Construction is expected to begin in late 2024 and run through to late 2025. With this in mind, there is still time for Council to investigate and advocate for other external funding sources to meet the full estimated construction costs. This is reflected in the table below. It is important to note that the estimates in the table below will need to be regularly monitored within the current inflationary environment in the construction sector.

The project will be included in the current review of the Developer Contributions plan. This means that all funding options listed above are currently available to Council. If efforts to secure another external funding source is unsuccessful funding recommendations will be included in a future budget report to Council, prior to the project going to tender.

Council had applied for funding through the Federal Building Better Regions Fund for this project, however following the most recent Federal Election this program has been discontinued. Although the current Government has indicated there would be a similar replacement program, there is little clarity at this stage as to when the program will be rolled out or what the funding criteria will be. Given the anticipated timeframe between now and when the project is likely to commence construction it is expected that further clarity will be available on Federal Funding opportunities.

Item	$ Excl GST
Expenditure Detail
Project Construction Estimate	$10,000,000

Total Expenditure	$10,000,000(sum of all costs)

Source of Funds
NSW Regional Tourism Activation Fund Round 2	$8,000,000
Other (to be determined) external funding - not yet secured	$2,000,000
Total income required	$10,000,000

Total Project Estimate Capital Cost	$10,000,000
Total Available Funding	$8,000,000
Project Funding Shortfall	$2,000,000

Financial Option Impacts | Life Cycle Costing

Lifecycle costing for both projects were included in the previous reports to Council.

Legal /Policy

There have been no changes to legal/policy matters since the projects was last reported to Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

The Merimbula Foreshore and Boardwalk Concept Plan was adopted by Council at the Council meeting on 20 April 2022.

Asset Management

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

Fundamentally it needs to be understood and accepted that there is a large Parks, Aquatics and Recreation (PAR) asset portfolio. There are many significant (major) assets within the PAR asset category. There are also many smaller assets that are related to smaller local sites or collectively make facilities at district and regional parks and reserves. There is currently a significant gap between available BVSC funding and the forward program to renew existing assets as they come to the end of ‘useful’ asset lifecycle. If BVSC was to solely fund a major project, it would have a dramatic impact on capital works delivery across the full PAR asset portfolio. It needs to be understood and accepted that major projects need significant external funding contributions to progress.

Project Feasibility and Concept Development

Success in sourcing external funding for large projects is highly dependent on project concept development and the importance on strategic planning prioritising which large projects will be the focus of BVSC external funding efforts. Undertaking this work demonstrates to funding partners that thought, consultation and planning has gone into project development and that the external funding will deliver value for investment and positive outcomes for the community. It also demonstrates clear community benefits and links to funding program criteria. Both projects received BVSC funding for master-planning and concept development. They are both reflect the importance and value is this early investment in strategic planning and concept development.

Environment and Climate Change

There has been no change to environment and climate change matters since the projects were last reported to Council. It is again noted the Merimbula Boardwalk project is a popular and sensitive area. A key objective of the project is to enable controlled access for people to enjoy the natural environment. This requires involvement of multiple agencies to provide approvals and permits to undertake the works. Required application will be submitted as detail design works progress. Economic

There has been no change to economic benefits since the projects were last reported to Council.

Development and progressing with both the Pambula Sporting Complex Building and Merimbula Boardwalk projects will increase tourism opportunities for the Bega Valley and increase the ability to host regional sporting, community, and cultural events.

Risk

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

Detailed cost estimates have been developed for the Merimbula Foreshore and Boardwalk project. These will continue to be reviewed as the project moves through the detailed design stage.

Social / Cultural

There has been no change to economic benefits since the projects were last reported to Council.

Attachments

Nil

Council 15 February 2023

Item 10.1

10.1. Road closure - Calle Calle Street, Eden

This report seeks approval to progress a road closure application under the Roads Act 1993 (NSW) following receipt of a submission.

Director Business & Governance

Officer’s Recommendation

1. That Council considers the submission received regarding the proposal to close the Council public road reserve adjoining Lots 4 and 5 DP 740471 at 100 Calle Calle Street, Eden.

2. That Council approves to proceed with the road closure proposal in accordance with Section 38D of the Roads Act 1993 (NSW).

Executive Summary

Council approval is being sought to progress a road closure application under the Roads Act 1993 (NSW) (Roads Act) following receipt of a submission. This report outlines the extensive consultation that has taken place since the road closure proposal was approved and seeks Council approval to proceed in accordance with the Roads Act.

Background

In February 2021, Council officers received an enquiry regarding the road closure process from a legal representative acting for the purchaser in the proposed purchase of Lot 5 DP 740471 from the landowners of the adjoining Lot 4 DP 740471. As there was no formalised legal access to the parcel, the intention of the legal representative was to progress a road closure application with Council to enable ongoing, formal legal access to Lot 5 DP 740471.

The sale was finalised in April 2021 despite council officer advice that there was no guarantee a road closure application would be approved by Council and therefore no certainty that formal legal access via the adjoining Council road reserve could be obtained.

On 20 December 2021, Council received an application from the legal representative of the new landowners of Lot 5 DP 740471 to formally close the section of Council road reserve which adjoins Lots 4 and 5 DP 740471 at 100 Calle Calle Street, Eden and at Council’s Ordinary Meeting of 9 February 2022, Council resolved as follows:

1. That Council approve, in principle, the closure of the Council public road reserve adjoining Lots 4 and 5 DP 740471 at 100 Calle Calle Street, Eden.

2. That Council commence assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days.

3. That if any objections are received, a further report be prepared for Council’s consideration.

4. That if no objections are received Council, by notice published in the Government Gazette, formally close the public road reserve concerned.

5. That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the road closure, creation of easement for a sewer treatment plant effluent outfall pipe running through the road corridor and subsequent sale of land to the applicant for the value as determined by an independent valuer.

6. That all costs associated with the road closure process be borne by the applicant.

Figure 1 – Diagram of the section of road reserve which is the subject of the permanent road closure application shown in red.

In accordance with the Roads Act, notification was sent to adjoining landowners seeking comments to the proposal and one submission was received dated 15 March 2022 from the adjoining landowners of Lot 4 DP 740471. A copy of this submission is attached for the information of councillors.

Council officers have been liaising with both parties since the submission was received to work through the treatment of stormwater discharge from Lot 4 DP 740471 as the closing of the road has the potential to stifle development of Lot 4 DP 740471. This issue however is not a matter for Council, rather a result of the landowner’s failure to negotiate an easement over the downstream lot before they sold it.

There is now a proposal for a duplex development on Lot 4 DP 74047 which has not yet been lodged as a development application (DA). However, during pre-DA discussions with Council’s development engineering team a stormwater drainage plan was requested to accompany the future DA. Since receipt of the submission to the road closure application, the landowners of Lot 4 DP 740471 have been advised on multiple occasions that formal advice from a consultant regarding stormwater discharge should be provided with the DA application and to date, no DA or formal report has been received by Council.

Council officers were advised that an onsite meeting took place between the two landowners in November 2022 and Council received a further submission from the landowners of Lot 4 DP 740471 on 24 November 2022. Council officers were not present at this meeting but based on information contained within the second submission it appears the applicant was not in support of an easement over their Lot 5 DP 740471 for stormwater discharge purposes to the benefit of the landowners of Lot 4 DP 740471. A copy of the second submission is also attached for the information of councillors and it is noted that it has been incorrectly dated. The correct date of the submission should be 24 November 2022.

Council’s development engineering staff have not received a formal DA application from the landowners of Lot 4 DP 740471 for determination which would include the treatment of stormwater and how and where it should be discharged for the proposed duplex development.

It is the opinion of Council officers that Council should proceed with the proposal to close the council public road reserve adjoining Lots 4 and 5 DP 740471 on the basis that it is not council’s role to facilitate negotiations for a proposed easement over land that is approved for closure and private sale. These negotiations should take place between the two landowners directly once the road closure process has been finalised as any easement registered will burden the land and result in reduced income to Council. It is also worth noting that even if an easement for stormwater discharge is negotiated between the parties, Council approval would be required to discharge stormwater onto the Council reserve at the rear of Lot 5 DP 740471. Therefore, Council officers are seeking a further resolution of Council to progress the road closure application in accordance with Section 38D of the Roads Act.

Options

The options available to Council are to:

1. Approve to proceed with the road closure proposal to close a section of surplus Council public road in Eden which adjoins Lots 4 and 5 DP 740471 at 100 Calle Calle Street, Eden; or

2. Advise the applicant that the proposed road closure is no longer supported by Council due to the submission received.

Community and Stakeholder Engagement

Engagement undertaken

In accordance with section 38B of the Roads Act, notification of the proposal to close a Council public road was published on Council’s website, a letter was provided to all owners of land adjoining the road, and all notifiable authorities were provided notice of the closure as prescribed by the Regulations.

Engagement planned

If Council resolves to proceed with the road closure proposal, formal notification will need to be provided to the landowners of Lot 4 DP 740471 advising of the decision.

If Council resolves not to proceed with the road closure proposal, formal notification will need to be provided to the applicant advising of the decision.

Financial and Resource Considerations

The applicant is responsible for all costs associated with the road closure application, subsequent transfer, creation of easements, their own and Council’s legal costs incurred (capped at $3,500) to finalise this matter.

In addition to these costs, the applicant will pay Council the current market value of the land as determined by an independent valuer. The applicant has already paid Council’s road closure application fee.

Compensation received by Council from the closure of a public road can only be used by the Council for acquiring land for the purpose of providing a public road or carrying out works on existing public roads.

Legal /Policy

Under Division 3 Section 38D of the Roads Act, Council may decide to proceed with the proposal to close the road following the consideration of any submissions provided a formal objection has not been received from a notifiable authority.

If approval is granted to proceed with the proposed road closure, Council's Property officers will publish a notice in the Government Gazette, formally closing the surplus public road reserve.

A plan of first title creation will be prepared and registered at Land Registry Services, with title transferred to the applicant upon payment of the agreed compensation. It has been identified there are easements required to protect Council’s sewer infrastructure and public access to the reserve at the rear prior to the section of road being permanently closed and transferred.

All costs associated with establishing the appropriate easements to the benefit of Council will need to be registered on the title as part of this road closure and transfer process.

The applicant will be required to execute a formal Deed of Agreement outlining all requirements which also provides that upon transfer, the portion of closed road will be consolidated with the applicant’s adjoining parcel of land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

CSP Strategy: E.5 Council resources are managed in order to meet agreed service delivery standards and deliver value for money

Delivery Program: E5.5 - Develop and manage Council’s owned and managed land portfolio

Core Business: Manage Council’s property portfolio, acquisition and disposal of land and easements, road closures and road openings and any other land dealings ensuring Council’s legal obligations are met

The proposed road closure aligns with Council’s Road Closure and Private Sale procedure 4.10.8 and meets statutory obligations under the Roads Act.

Environment and Climate Change

There are no environment and climate change matters associated with the proposed road closure.

Economic

There are no economic matters associated with the proposed road closure that have not already been addressed in this report and the original report to Council dated 9 February 2022.

Risk

In accordance with Council’s Road Closure and Private Sale procedure 4.10.8, any road closure requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Social / Cultural

There are no social or cultural matters associated with the proposed road closure.

Attachments

1 ⇩. Council report dated 9 February 2022 - Road closure Calle Calle Street, Eden

2 ⇩. Submission 1 from landowners of Lot 4 DP 740471

3 ⇩. Submission 2 from landowners of Lot 4 DP 740471

4 ⇩. Submission 3 from landowners of Lot 4 DP 740471

5 ⇩. Additional information to Submission 3 from landowners of Lot 4 DP 740471

Council 15 February 2023

Item 10.3

10.3. Options for conducting the 2024 Local Government Election

This report outlines two options for Council to conduct its 2024 Local Government (Councillor) Elections.

Director Business & Governance

Officer’s Recommendation

1. The New South Wales Electoral Commission be engaged to administer Council’s 2024 Local Government Election for Bega Valley Shire Council.

2. Pursuant to section 296 (2) and (3) of the Local Government Act 1993 (the Act) an election arrangement be entered into by contract for the NSW Electoral Commission to administer all elections of the Council.

3. Pursuant to section 296 (2) and (3) of the Act, as applied and modified by section 18, that if required a poll arrangement be entered into by contract for the Electoral Commissioner to administer all polls of the Council.

4. Pursuant to section 296 (2) and (3) of the Act, as applied and modified by section 18, that if required a constitutional referendum arrangement by entered into by contract for the Commissioner to administer all constitutional referenda of the Council.

5. Authority be granted to the Chief Executive Officer (CEO) to conduct negotiations with the NSW Electoral Commission as to the terms of the engagement and to enter into a contract with the Commissioner on behalf of the Council.

Executive Summary

As per Section 296AA of the Act, council must plan for the administration of elections. Part of this planning requires council to resolve:

a. To enter into an agreement with the Electoral Commissioner, by contract or otherwise, for the Electoral Commissioner to administer the election of the council, or

b. That the elections are to be administered by an electoral services provider.

The dates of key milestones linked to the 2024 elections include:

· 15 February 2023 – council to resolve how the election will be administered.

· 13 June 2023 – contract with preferred provider must be entered.

· 14 September 2024 – election to be held.

Background

In 2019, Bega Valley Shire Council engaged the NSWEC to conduct the election scheduled for 12 September 2020. That election was deferred twice due to COVID restrictions, eventually being held on Saturday 4 December 2021. Due to the delays caused by COVID, the four-year term of the Council was amended to allow the next Local Government Elections to be held on September 2024.

The expense incurred for the 2021 election was $446,875.09. This amount was discounted by $107,282.09 due to various restrictions caused by the pandemic, resulting in the total cost being $339,593.00. The amount included sharing a Returning Officer with Eurobodalla Shire Council.

Options

Council has 2 options for administrating the 2024 Local Government Election:

1. Engage the New South Wales Electoral Commission (NSWEC)

2. Engage an independent service provider

Option 1: New South Wales Electoral Commission (NSWEC)

If Council resolves to engage the NSWEC to administer the 2024 election, the arrangement will apply to the 2024 ordinary election and every election, poll and referendum including any by-election or countback election until the contract is automatically terminated 18 months before the following ordinary election of council.

It is expected the Returning Officer for the 2024 election will be shared with Eurobodalla Shire Council and will be located in the Eurobodalla Shire.

Although coordination of the election will be outsourced to the NSWEC, council officers will be required to assist with preparing for the election.

The role of council officers during the election process will include:

· Identifying locations of polling places

· Preparing the Non-Residential Roll for submission to the NSW Electoral Commission

· Advertising and promoting the election in consultation with the NSWEC

· Preparing and coordinating information sessions for potential candidates

· Monitoring unauthorised electoral advertising and advising candidates to remove material

· Receipting monies received from candidates

· Collecting and filing applications from candidates

The council officers expected to be involved in supporting the NSWEC will include:

· Chief Executive Officer

· Director of Business and Governance

· Manager People and Governance

· Governance Coordinator

· Manager Communication and Engagement

· Customer Service Team

· Executive Officer (Mayor and CEO’s Office)

Section 55 of the Act exempts councils from tendering when entering into a contract or arrangement for the NSWEC to administer the council’s elections, referendums, and polls. This exemption does not apply to contracts or arrangements with any other service provider.

If council resolves to engage the NSWEC to coordinate its election, the contract must be finalised no later than 13 June 2023.

Option 2: Independent Election Service Provider

The Australian Electoral Company (AEC) is an independent service provider used by other councils to administer their elections. The AEC offers a fully or partially outsourced election administration service.

Under section 296AA, where a council resolves that its elections are to be administered by an electoral services provider other than the NSWEC, the resolution must also state whether the CEO has identified an electoral services provider to be engaged for the next ordinary election and, if so, the name of that provider.

If an independent election provider is chosen by the council, the provider must be able to demonstrate that it is able to:

· obtain all relevant election material

· identify and procure suitable election venues

· arrange the printing of the ballot papers

· conduct the count

The chosen provider must demonstrate its ability to administer the complex counts required under the weighted inclusive Gregory method of preference allocation prescribes under the Local Government (General) Regulation 2021 for council elections using the proportional system.

It is also a requirement that the method used to conduct the count of the ballot papers can comply with the formality, scrutiny, and record keeping provisions of the Act and Regulation.

If the cost of administering the election exceeds $250,000, council will be required to go to tender or conduct a selective tender to engage an independent election service.

It should be noted that Under section 291A(b) of the Act, if the council’s ordinary election is administered by an electoral services provider other than the NSWEC, a countback election to fill a casual vacancy must be conducted by a returning officer appointed by that electoral services provider.

Community and Stakeholder Engagement

Engagement undertaken

To prepare this report, council officers have consulted with stakeholders within the Canberra Region Joint Organisation (CRJO) governance network, various other governance specialists within the local government industry, the New South Wales Electoral Commission (NSWEC), and the Australian Electoral Company (AEC).

Council officers have also collaborated with staff from Eurobodalla Shire Council (ESC) concerning arrangements for the Returning Officer.

Engagement planned

Based on Council’s resolution from this report, council officers will continue to consult with stakeholders from either the NSWEC or Australian Electoral Company. Representatives from Eurobodalla Shire Council will also be consulted in relation to planning and delivery of the election.

Internal engagement will be undertaken to share information about the election with relevant stakeholders, in particular the Communication and Engagement Team, Customer Service Team, and all staff who regularly engage with members of the public.

Council officers will also release information on a regular basis, so members of the community are informed about the election.

Financial and Resource Considerations

Both options presented in this report require significant financial resources to be expended. Two quotes have been received with estimates for the cost of the election in 2024 ranging between $442,000 and $543,000. The confidential quote has been attached to this report for Councillor’s consideration.

As detailed in the background section of this report, significant amounts of time and resources will be required to administer the 2024 election similar to those required for the 2020/21 election process. It is anticipated the following officers will be involved in coordinating the election process:

· Chief Executive Officer

· Director Business and Governance

· Manager People and Governance

· Governance Coordinator

· Executive Officer

· Communications and Events Team

· Staff responsible for administering hiring or leasing of Council owned or managed properties proposed for use as polling and/or pre-polling sites.

· Customer Service Team

It is expected that council officers will be required to spend approximately 300 hours to support the administration of the election in addition to the expenditure to engage either the NSWEC or an independent service provider.

Legal /Policy

The administration/conducting of the election must adhere to the requirements of the:

· Local Government Act 1993

· Local Government Regulation 2021

· Local Government Amendment (Elections) Act 2012 No 21.

All options for conducting the elections have implications under Council’s policies and procedures:

· 6.02 Behaviour of Councillors and Staff

· 6.02.01 Code of Conduct

· 6.020.9 Elected Officials Communication Protocols

· 6.01.03 Local Government Elections (Caretaker Provisions)

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The coordination of the 2024 Local Government Election aligns to the following council strategic, delivery, and operational plan activities:

CSP theme: Our civic leadership - local leadership is strong, consultative, and responsive to our community’s needs

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

Delivery program: E1.1 Conduct day-to-day management of council and support councillors to undertake their role

Environment and Climate Change

There are no environment and climate change impacts related to this report.

Economic

There are no economic impacts related to this report.

Risk

Council has 7 categories of risk at an enterprise level: emerging, environmental, financial, health and safety, legal, organisational, reputational.

When making its resolution on this report, Council should consider the following 3 risks:

· The financial risk of engaging an external provider to coordinate the election.

· The legal risk of failing to adhere to the requirements of the Act and Regulation

· The reputational risk of failing to administer, report on, and declare the election transparently, accurately, and legally.

Social / Cultural

There are no social or cultural impacts related to this report.

Attachments

1 ⇩. Office of Local Government, Frequently Asked Questions administering of Local Government Elections.

2 . Confidential attachment - NSW Electoral Commission Covering Advice to Council re Quotations (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.

3 . Confidential attachment - NSW Electoral Commission - Indicative Quotation (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.

4 . Confidential attachment - Australian Electoral Company Schedule 1 and Schedule 2 Indicative Quotations (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.

5 . Confidential attachment - Australian Electoral Company Covering Advice to Council re Quotations (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 15 February 2023

Item 10.4

10.4. Refer Financial Statements for Audit

Each year the Local Government Act 1993 requires Council to refer the annual financial statements to the auditors.

Director Business & Governance

Officer’s Recommendation

Council resolve:

1. That Council’s General Purpose Financial Report is prepared in accordance with:

a) The Local Government Act 1993 (as amended) and the Regulations made thereunder; and

b) The Australian Accounting Standards and professional pronouncements; and

c) The Local Government Code of Accounting Practice and Financial Reporting; and

d) Presenting fairly the Council’s operating result and financial position for the year; and

e) Council’s accounting and other records.

2. That Council’s Special Purpose Financial Reports are prepared in accordance with:

a) NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b) Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c) The Local Government Code of Accounting Practice and Financial Reporting; and

d) The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e) Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f) Council’s accounting and other records.

3. That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way and include such information in the statement.

4. That Council authorises the Mayor, Deputy Mayor, Chief Executive Officer and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5. That Council endorses the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

Executive Summary

Council is required to refer its statements to audit. The purpose of this report is to meet the requirements under the Act and to meet directions issued by the Office of Local Government (OLG). This is not an approval of the 2022 financial reports, rather it is a process where the financial reports are prepared for, and audited by, independent entities.

Council referred the FY2022 annual financial statements to audit in October 2022. Since that time, there has been changes that require Council to resolve to refer again. The major impact has been an increase in the indexation of assets that increased the value of Councils infrastructure assets. This increase has little effect on the FY22 result but will result in higher depreciation costs that have a negative impact on Councils FY23 result.

Financial statements are a source of information that can assist Councillors to understand the financial situation of a Council. This includes an assessment of the end of financial year results with the Office of Local Government benchmarks for various indicators that assess financial sustainability.

The key statements attached to this report include:

· Income Statement

· Statement of Comprehensive Income

· Statement of Financial Position

· Statement of Changes in Equity

· Statement of Cash Flows

During the financial year, council made a conscious effort to deliver services in the most effective way that included budget cuts across many services to improve the cash position of Council. This has been a key strategy in our financial improvement plan and was supported by the organisation prioritising delivery of services funded by grants.

Financial year 2022 results reflect a significant level of grant funding that Council received, including the disaster recovery funding agreement (DRFA) and financial assistance grant prepayment of $6,141,913. These impacts are evident by the level of own source revenue decreasing to 46.62% (OLG benchmark is 60.00%). This indicator demonstrates that Council cannot continue to rely on grant funding to deliver operational and capital projects and therefore from a financial sustainability perspective, council must plan to deliver services and maintain our community assets in a way that does not rely on funding from the NSW and Australian government.

Background

In accordance with Section 413 of the Local Government Act 1993 (the Act) Council must “refer to audit” the Financial Reports for the financial year ending 30 June 2022.

Section 413 of the Act outlines Council must refer its Financial Reports to audit prior to them being audited.

Section 413 of the Act advises Council must make a statement in the approved form as to its opinion on the preparation of the General Purpose Financial Report (and by extension the Special Purpose Financial Report).

The Officer’s recommendation also provides the necessary authority for the Mayor, Deputy Mayor, Chief Executive Officer and Responsible Accounting Officer to complete the General Purpose and Special Purpose Financial Reports after audit.

Options

Adoption of the recommendation ensures Council complies with end of financial year reporting requirements of the Local Government Act.

Community Engagement

Consultation Planned

A formal presentation of the audited financial statements will be made as an open report to the public session as soon as they are received from the auditor.

Council consideration of input

After Council has finalised its audited financial statements, Councillors will be provided with a workshop on the final results in detail. Following completion of the audit, there will be a public address from both the external auditors (Deloitte) and the NSW Audit Office.

Financial and resource considerations

The financial reports represent a summary of the financial result of Council operations for Financial Year 2021/2022.

The recommendations in this report do not represent the Council's approval of the FY2022 financial reports.

There is an annual operational budget allocation for the preparation of financial reports and independent audit.

Funding source		Amount
General Fund Budget \| Audit Services Financial Reports	$	85,600
Budget adjustment	$	-
Total Budget required	$	85,600

Legal /Policy

In accordance with Section 413 of the Local Government Act 1993 (the Act) Council must “refer to audit” the Financial Reports for the financial year ending 30 June 2022.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

Operational Plan Core business: Preparation of compliant financial reports including audited annual accounts

Environmental / Sustainability

The audited financial results at 30 June 2022 provides information on Councils financial sustainability. The benchmarks are defined in the “OLG’s performance indicators from the audited financial statement”.

Economic

Council is a major contributor to the local and regional economy. Assessment of financial performance is a key input of decision making, with the goal of ensuring a financially responsible and effective organisation.

The financial statements provide an opportunity to assess actual performance against strategic plans and highlight any challenges of unexpected events that may have impacted the final results.

Risk

This report minimises the risk of non-compliance with the Local Government Act 1993.

Social / Cultural

Reporting of financial performance in a timely manner that meets legislative requirements, builds confidence in the management and leadership of the Council. Benchmarking against similar Councils (Category 4) allows for context in the local government environment.

Financial decisions impact the social and cultural aspects of Council’s operations in the community. The key financial statements attached provide an annual summary of the impact of those decisions at a point in time; that being, the end of financial year (30 June 2022) and inform future direction and financial strategies that support delivery of community assets and services.

Attachments

1 ⇩. Draft Bega Valley Shire Financial Statements - Primary Statements

Council 15 February 2023

Item 10.5

10.5. Quarterly Budget Review Statement (QBRS) December 2022 - Q2

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

Director Business & Governance

Officer’s Recommendation

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

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

Executive Summary

As part of the Integrated Planning and Reporting (IPR) framework, a Quarterly Budget Review Statement (QBRS) must be presented to Council for each financial quarter. This report provides the FY2023 December (Q2) Quarterly Budget Review Statement.

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

· Total Income increase by $1.5 million dollars

- Rates and Annual Charges increase $0.3 million

- User fees and charges decreased by $0.7 million

- Interest and Investment revenue increased by $0.6 million

- Operational grants increased by $0.7 million

- Capital grants increased by $0.7 million

- Other revenues decreased by $0.1 million

· Expenses increase by $1.3 million.

· Consolidated net operating result before grants and contributions provided for capital purposes has a projected deficit of $7.3 million.

· Capital expenditure had minor changes

· The revised projected cash figure at 30 June 2023 is expected to be $58.9 million with external restrictions of $52.6 million.

The Responsible Accounting Officer reports that the December quarterly review presented indicates Council's projected financial position at 30 June 2023 will be satisfactory. Noting that Council has sufficient cash to fund external restrictions but may need to review its internal restrictions.

Background

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

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

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

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

Options

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

Council has the option to consider other budget adjustments.

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

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

Financial and Resource Considerations

Operating ResultCouncil’s consolidated budget, net operating result, has improved by $0.2 million since the revised September QBRS. The revised December budget is projecting a surplus of $45.6 million. The consolidated net operating result before grants and contributions provided for capital purposes has declined by $0.5 million, resulting in a projected deficit of $7.3 million.Income streams has seen an increase in rates and annual charges of $285,632, increase in investment income of $593,000, decrease in fees and charges of $657,672 and other revenue decreased by $104,628.

Operational Grants have increased by $695,571. Included in the total are new grants, previously received grants and new grants transferred to contract liability.

Capital Grants increased by $698,684. Included in the total are new grants, previously received grants and new grants transferred to contract liability.

Expenses increased by $1,305,634. Employee costs increased by of $408,242, materials and services increased by $815,873 and other expenses have increase by $81,519. These increases largely relate to operational projects that are externally funded with small changes reflecting market issues for contract work.

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

	Revised Budget September QBRS	Requested Changes	Projected Year End Result
General Fund	23,289,738	(306,832)	22,982,906
Water Fund	13,395,481	148,271	13,543,752
Sewer Fund	5,478,501	85,000	5,563,501
Waste Fund	3,199,579	278,460	3,478,039

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

	Revised Budget September QBRS)	Requested Changes	Projected Year End Result
General Fund	(9,753,369)	(735,100)	(10,488,469)
Water Fund	67,949	148,271	216,220
Sewer Fund	2,768,501	85,000	2,853,501
Waste Fund	100,795	8,044	108,839

Capital

Capital expenditure is estimated to decrease by $269,403 in the December QBRS to $100 million.

Cash and Investments

Council had cash and investments of $108.9 million at 31 December 2022. The revised projected cash figure at 30 June 2022 is expected to be $58.9 million of which $52.6 million is expected to be externally restricted.

Other cash impacts include:

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

Legal /Policy

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

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

Budget Review Statements and revision of estimates

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

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

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

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

Environment and Climate Change

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

Economic

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

Risk

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

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

Social / Cultural

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

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

Attachments

1 ⇩. Quarterly Budget Review Statement - December 2022

Council 15 February 2023

Item 10.6

10.6. Certificate of Investment January 2023

This report details Council’s cash and investments at the end of January 2023.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 January 2023.

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

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council, hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act), clause 212 of the Local Government (General) Regulation 2021.

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

On 31 January 2023 the total capital value of cash and investments was $109,626,513.20 with 80.73% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. Council has earned year to date interest income of $946,197 which is 100.21% of the projected budget amount.

The value of outstanding government grant debtors at 31 January 2023 is $5,597,358.17.

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 January 2023 is detailed below:

Issuer	Rating	Type	Purchase Date	Maturity Date	Rate (%)	Capital Value ($)
Commonwealth Bank At Call Account	AA-	CASH	-	-	-	19,000,000.00
Commonwealth Bank Operating Account	AA-	CASH	-	-	-	1,998,209.86
NSW T-Corp Strategic Cash Fund	AA-	CASH	-	-	-	128,303.34
Westpac	AA-	TD	08/02/2022	09/02/2023	0.86	5,000,000.00
BOQ	BBB+	TD	31/08/2022	28/02/2023	3.59	3,000,000.00
BOQ	BBB+	TD	10/02/2022	16/03/2023	0.96	5,000,000.00
Commonwealth Bank	AA-	TD	28/04/2022	28/04/2023	2.71	5,000,000.00
Westpac	AA-	TD	10/02/2022	11/05/2023	1.00	5,000,000.00
Commonwealth Bank	AA-	TD	02/06/2022	08/06/2023	3.23	5,000,000.00
NAB	AA-	TD	11/01/2023	13/06/2023	4.24	5,000,000.00
AMP Bank	BBB	TD	03/02/2022	02/08/2023	1.35	5,000,000.00
Commonwealth Bank	AA-	TD	11/08/2022	11/09/2023	4.01	2,000,000.00
Commonwealth Bank	AA-	TD	19/09/2022	19/09/2023	4.32	2,000,000.00
Commonwealth Bank	AA-	TD	26/08/2022	26/10/2023	4.17	2,000,000.00
NAB	AA-	TD	10/02/2022	14/12/2023	1.43	5,000,000.00
NAB	AA-	TD	17/01/2022	17/01/2024	1.25	2,500,000.00
Westpac	AA-	TD	08/02/2022	08/02/2024	1.59	10,000,000.00
Police & Nurses Bank	BBB	TD	15/12/2022	15/04/2024	4.60	5,000,000.00
Commonwealth Bank	AA-	TD	10/02/2022	16/05/2024	1.65	5,000,000.00
Commonwealth Bank	AA-	TD	10/02/2022	15/08/2024	1.75	5,000,000.00
Westpac	AA-	TD	30/09/2022	03/10/2024	4.78	2,000,000.00
Commonwealth Bank	AA-	TD	15/12/2022	16/12/2024	4.59	5,000,000.00
Westpac	AA-	TD	08/02/2022	10/02/2025	2.00	5,000,000.00
Total cash and investments						$109,626,513.20

Interest earned for January 2022	$174,732
Financial year to date interest earned	$946,197
Budgeted interest for 2022/2023 financial year – revised December QBRS	$1,544,250
Percentage of the 2022/2023 budget earned by council	61.27%

The COVID-19 pandemic adversely impacted financial markets, which in turn, also affected Council’s investment portfolio. After global central banks set official interest rates to emergency levels during the height of the pandemic in 2020, financial markets have transitioned to recovery phase resulting in us seeing an increase in interest rates.

Council’s investment portfolio is largely directed towards term deposits (80.73%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (19.27%).

The investments held by Council remain sufficiently liquid with 66% of investments maturing within the next 12 months.

As at 31 January 2023, Council’s portfolio was yielding 2.58% with a weighted average duration of 246 days. As council’s existing term deposits mature and new funds become available, we can expect yield on investments to increase.

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

Table 1: Investments by Fund $’000
Fund	November-2022	December-2022	January-2023
General Fund	43,147	42,192	42,766
Water Fund	22,191	21,590	21,521
Sewer Fund	45,247	45,110	45,340
TOTAL	110,585	108,892	109,627

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 and reflects adjustments adopted by Council on 16 November 2022 in the September Quarterly Budget Review Statement (QBRS). It includes the balance of restrictions projected at 30 June 2023.

Source of Funds	Value
Total Cash and Investments at 31 January 2023	$109,626,513
External Restrictions	$56,279,753
Internal Restrictions	$22,515,000
Budgeted expenditure to 30 June 2023	$27,382,294
Expected Unrestricted Funds balance at 30 June 2023	$3,449,466

The value of outstanding government grant debtors on 31 January 2023 is $5,597,358.17 with $943,326.68 aged 4+ months. Council continues to work with our funding partners to reduce these debts.

Legal /Policy

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

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

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

Environment and Climate Change

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

Economic

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

Risk

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

Risk management means our investments are made giving regard to key criteria of counterparty, credit quality and maturity compliance.

For month end of 31 January 2023, Council’s counterparty compliance breaches council’s policy in two areas of the portfolio. Both breaches are due to a change in investment policy restrictions that have recently been updated in the reporting portal. The result for this reporting period is that Commonwealth Bank (CBA) investments are largely breaching our counterparty limit due to council’s cash accounts being involved in the calculation. Council previously reported our investments as long term and short-term investments. If we were to remove councils cash accounts from the calculation, there would be approximately 5% (or $4.4M) in term deposits over the policy limit. It is important to note that CBA, across most terms, has the highest interest rate return on investments. While CBA counterparty is significantly higher due to cash, this cannot be avoided. Over the coming months staff will ensure that our investments are placed to reduce counterparty risks and meet the investment policy restrictions.

Bank of Queensland (BoQ) investments slightly breach the counterparty compliance due to the merge of ME bank and BoQ. This means that our investments with ME bank have now been merged with our BoQ investments already held. When council’s next BoQ Term Deposit matures on the 28 February 2023 this will bring BoQ to be compliant with councils investment policy.

Council is currently in the process of setting up further term deposit accounts with new financial institutions. With these further investment opportunities, we can expect funds to be more diversified.

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

Legend: Compliant Non-Compliant

Social / Cultural

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

Attachments

Nil

Council 15 February 2023

Item 13.2

13.2. Cr David Porter - Review of Policy 6.06 Financial Management

Notice of Motion

1. That Council modify section 1.4.4.1 of the Policy 6.06 Financial Management to say “ensure as far as possible the financial sustainability of the council” to be consistent with the Local Government Act sect 223.

2. That Council place the document on public exhibition for the prescribed period for any public comments prior coming back to council for adoption.

Background

In November 2022 Council approved a large volume of procedures. Policy 6.06 Financial Management had substantial changes that removed references to the Local Government Act and modified some of the language. Section 1.4.4.1 applied language that placed responsibility on elected Councillors far in excess of the Local Government Act. This document needs this immediate change and then placed on public exhibition to identify any other concerns.

Cr David Porter

Staff response

Prior to the most recent review of Policy 6.06 the following was already included in the policy:

- Policy 6.06 Financial Management adopted in 2017 stated “will ensure sound financial management” and was not changed in the policy review in 2022

Section 6 of Office of Local Government – Councillor Handbook, December 2021, Page 65 states (amongst other relevant information):

“Responsibility and Accountability for the Financial Management of a Council rests witht he Governing Body”

The full content of Section 223 of the Local Government Act states:

223 Role of governing body

(1) The role of the governing body is as follows—

(a) to direct and control the affairs of the council in accordance with this Act,

(b) to provide effective civic leadership to the local community,

(c) to ensure as far as possible the financial sustainability of the council,

(d) to ensure as far as possible that the council acts in accordance with the principles set out in Chapter 3 and the plans, programs, strategies and polices of the council,

(e) to develop and endorse the community strategic plan, delivery program and other strategic plans, programs, strategies and policies of the council,

(f) to determine and adopt a rating and revenue policy and operational plans that support the optimal allocation of the council’s resources to implement the strategic plans (including the community strategic plan) of the council and for the benefit of the local area,

(g) to keep under review the performance of the council, including service delivery,

(h) to make decisions necessary for the proper exercise of the council’s regulatory functions,

(i) to determine the process for appointment of the general manager by the council and to monitor the general manager’s performance,

(j) to determine the senior staff positions within the organisation structure of the council,

(k) to consult regularly with community organisations and other key stakeholders and keep them informed of the council’s decisions and activities,

(l) to be responsible for ensuring that the council acts honestly, efficiently and appropriately.

(2) The governing body is to consult with the general manager in directing and controlling the affairs of the council.

Section 223 of the Act is only one part of the Act that relates to financial management. As an example Chapter 3 of the Act as copied below also outlines principles of local government, many of which relate to financial management.

Chapter 3 Principles for local government

8 Object of principles

The object of the principles for councils set out in this Chapter is to provide guidance to enable councils to carry out their functions in a way that facilitates local communities that are strong, healthy and prosperous.

8A Guiding principles for councils

(1) Exercise of functions generally The following general principles apply to the exercise of functions by councils—

(a) Councils should provide strong and effective representation, leadership, planning and decision-making.

(b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.

(c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g) Councils should work with others to secure appropriate services for local community needs.

(h) Councils should act fairly, ethically and without bias in the interests of the local community.

(i) Councils should be responsible employers and provide a consultative and supportive working environment for staff.

(2) Decision-making The following principles apply to decision-making by councils (subject to any other applicable law)—

(a) Councils should recognise diverse local community needs and interests.

(b) Councils should consider social justice principles.

(c) Councils should consider the long term and cumulative effects of actions on future generations.

(d) Councils should consider the principles of ecologically sustainable development.

(e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

(3) Community participation Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

8B Principles of sound financial management

The following principles of sound financial management apply to councils—

(a) Council spending should be responsible and sustainable, aligning general revenue and expenses.

(b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community.

(c) Councils should have effective financial and asset management, including sound policies and processes for the following—

(i) performance management and reporting,

(ii) asset maintenance and enhancement,

(iii) funding decisions,

(iv) risk management practices.

(d) Councils should have regard to achieving intergenerational equity, including ensuring the following—

(i) policy decisions are made after considering their financial effects on future generations,

(ii) the current generation funds the cost of its services.

8C Integrated planning and reporting principles that apply to councils

The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils—

(a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities.

(b) Councils should identify strategic goals to meet those needs and aspirations.

(c) Councils should develop activities, and prioritise actions, to work towards the strategic goals.

(d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources.

(e) Councils should regularly review and evaluate progress towards achieving strategic goals.

(f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals.

(g) Councils should collaborate with others to maximise achievement of strategic goals.

(h) Councils should manage risks to the local community or area or to the council effectively and proactively.

(i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.

Section 335 of the Act outlines the functions of the General Manger (or CEO) as follows:

335 Functions of general manager

The general manager of a council has the following functions—

(a) to conduct the day-to-day management of the council in accordance with the strategic plans, programs, strategies and policies of the council,

(b) to implement, without undue delay, lawful decisions of the council,

(c) to advise the mayor and the governing body on the development and implementation of the strategic plans, programs, strategies and policies of the council,

(d) to advise the mayor and the governing body on the appropriate form of community consultation on the strategic plans, programs, strategies and policies of the council and other matters related to the council,

(e) to prepare, in consultation with the mayor and the governing body, the council’s community strategic plan, community engagement strategy, resourcing strategy, delivery program, operational plan and annual report,

(f) to ensure that the mayor and other councillors are given timely information and advice and the administrative and professional support necessary to effectively discharge their functions,

(g) to exercise any of the functions of the council that are delegated by the council to the general manager,

(h) to appoint staff in accordance with the organisation structure determined under this Chapter and the resources approved by the council,

(i) to direct and dismiss staff,

(j) to implement the council’s workforce management strategy,

(k) any other functions that are conferred or imposed on the general manager by or under this or any other Act.

Although the Act may not explicitly state the Elected Council has ‘Responsibility and accountability for the financial management of a council rests with the governing body.’ As stated in the currently adopted financial management policy, it is considered important that Council is explicit and clear in its policy as to who does have responsibility and accountability for the financial management of the Council which logically rests with the Elected Council.

Attachments

Nil

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

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

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

9 Staff Reports – Assets and Operations

10 Staff Reports – Business and Governance

11 Councillor Reports

12 Rescission/Alteration Motions

13 Notices of Motion

14 Questions with Notice

15 Questions without Notice

16 Confidential Business

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

Statement of Re-Commencement of Live Streaming

17 Noting of Resolutions from Closed Session

18 Declassification of reports considered previously in Closed Session

Council	15 February 2023
*Item 8.1 - Attachment 1*	Bega Valley DCP 2013 Draft 7.10 Merimbula Airport General Aviation Precinct

Council	15 February 2023
*Item 8.2 - Attachment 1*	Draft Policy Trees and Vegetation in Urban Areas on Council Managed Public Land

Council	15 February 2023
*Item 8.2 - Attachment 2*	Draft Procedure Nature Strip Planting Guideline

Council	15 February 2023
*Item 8.3 - Attachment 1*	DRAFT Policy 3.12 Council related Development Application Conflict of Interest Guidelines v1

Council	15 February 2023
*Item 8.3 - Attachment 2*	Council related Development Application Conflict Of Interest Guidelines September 2022

Council	15 February 2023
*Item 8.4 - Attachment 1*	Affordable Housing Strategy Implementation Action Plan

Council	15 February 2023
*Item 8.5 - Attachment 1*	Montreal Goldfield Commitee Meeting Minutes August 2022

Council	15 February 2023
*Item 8.5 - Attachment 2*	General Community Hall Committee Meeting Minutes August 2022

Council	15 February 2023
*Item 8.5 - Attachment 3*	Cemetery Advisory Committee Meeting Minutes August 2022

Council	15 February 2023
*Item 9.1 - Attachment 1*	Tathra Wharf and Headland Final Precinct Plan - Listening Report

Council	15 February 2023
*Item 9.1 - Attachment 2*	Tathra Wharf and Headland Final Precinct Plan - Final Precinct Plan

Council	15 February 2023
*Item 9.1 - Attachment 3*	Tathra Wharf and Headland Final Precinct Plan - Walkway Options Study

Council	15 February 2023
*Item 9.6 - Attachment 1*	2023.02.15 ATTACHMENT CWF Consultative Committee Minutes October 2022

Council	15 February 2023
*Item 9.7 - Attachment 1*	S355 General Sportsground Committee meeting minutes 30 May 2022

Council	15 February 2023
*Item 9.7 - Attachment 2*	S355 General Sportsground Committee meeting minutes 22 August 2022

Council	15 February 2023
*Item 9.8 - Attachment 1*	Options for Waste Roadside Collection Expansion Project and Cobargo Transfer Station

Council	15 February 2023
*Item 10.1 - Attachment 1*	Council report dated 9 February 2022 - Road closure Calle Calle Street, Eden

Council	15 February 2023
*Item 10.1 - Attachment 2*	Submission 1 from landowners of Lot 4 DP 740471

Council	15 February 2023
*Item 10.1 - Attachment 3*	Submission 2 from landowners of Lot 4 DP 740471

Council	15 February 2023
*Item 10.1 - Attachment 4*	Submission 3 from landowners of Lot 4 DP 740471

Council	15 February 2023
*Item 10.1 - Attachment 5*	Additional information to Submission 3 from landowners of Lot 4 DP 740471

Council	15 February 2023
*Item 10.3 - Attachment 1*	Office of Local Government, Frequently Asked Questions administering of Local Government Elections.

Council	15 February 2023
*Item 10.4 - Attachment 1*	Draft Bega Valley Shire Financial Statements - Primary Statements

Council	15 February 2023
*Item 10.5 - Attachment 1*	Quarterly Budget Review Statement - December 2022

Council	15 February 2023
*Item 15.1 - Attachment 1*	Wanderer festival site preparations costings 2022