Agenda of Council - 26 July 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 26 July 2023

Item 6.2

6.2. Canberra Region Joint Organisation (CRJO) meeting 'NSW Government Ministers'

Cr Russell Fitzpatrick

Recommendation

It is recommended that Council note the information included in this mayoral minute.

Background

The Canberra Region Joint Organisation (CRJO) recently held a series of meetings with numerous NSW Government Ministers at Parliament House in Sydney. A schedule of attendees as well as letters provided to attendees is attached to this minute for information.

Below is a summary of some of the key points noted from some of the meetings.

The Hon. Ron Hoenig MP
Minister for Local Government
Vice-President of the Executive Council

· Appeared supportive of Regional Organisations of Council’s

· Made reference to IPART rate peg methodology review

· Talked about specific terms of reference with IPART chair on the review, talked a lot about expenditure review.

· Talked about the code of conduct and his view that it treats councillors as if boards of directors rather than elected representatives.

· Talked about trying to remove the state as much as possible from local level decision making, let LG govern local community decisions, empower elected representatives to be making decisions.

· Talked about complexity of information councillors are expected to understand and talked about how being in cabinet can be even harder to interpret material

· Talked about transparency and being opaque, focusing on expenditure

· Was asked about RFS assets but provided vague answers, said he couldn’t get hold of information until recently

The Hon. Rose Jackson, MLC
Minister for Water
Minister for Housing
Minister for Homelessness
Minister for Mental Health

· Housing – referred to working with Michael Holland

· Keen to partner with Councils, land, planning, infrastructure funding

· Regional housing task force mentioned

· Talked about attracting of workers in key sectors being impacted by housing

· Water – talked MOU with ACT and sounded positive on working together

· Was asked about what is happening with land and housing corporation and limits on their ability to only build market based or social housing funded by market housing (i.e. not affordable housing). Misner said rules are being freed up

· Was aware of plans for the former Bega Tafe site

The Hon. Tara Moriarty, MLC
Minister for Agriculture
Minister for Regional New South Wales
Minister for Western New South Wales

· Was asked about the Bega Valley circularity centre and Kelp farming, Minister mentioned she had heard about circularity/kelp from Kristy McBain

· Grants – was asked about future of regional funding programs, talked about reviews happening and implied ‘tightening of belt’ overall.

· Raised waste circularity and the Minister is keen to work with us

· Raised EV charging stations and barriers, eg network upgrades and desire to work together and regionally, talked about network issues

· Raised build back better and the submission CRJO made federally, the importance of proper upgrade not just same heights and alignments

· Wagga raised waste land issues through compulsory acquisition process when acquiring form state

· It was raised that the planning framework and localised decision making needs to be prioritised

The Hon. Jihad Dib MP

Minister for Customer Service and Digital Government

Minister for Emergency Services

Minister for Youth Justice

· Can’t do Emergency Services Levy reimbursement because the Treasurer said the Government can’t afford it

· Agreed the ESL needs to be looked at. Agreed that reducing spending is not a solution but where does it come from?

· Talked about working with Local Government Minister on red fleet assets and how to resolve

The Hon. Stephen Kamper MP
Minister for Small Business
Minister for Lands and Property
Minister for Multiculturalism
Minister for Sport

· Talked about ‘homes NSW’

· Talking about land contributions

· Recognised the need for easy transfer of land between agencies

· Crown roads in villages was raised as a barrier to housing

· Points raised about the planning framework and its impacts

· Yass raised courthouse issues, eg potential for part community use whilst not being utilised.

· Sporting facilities at schools for access similar to courthouses was raised

· Was asked about crown land negotiation program

The Hon. Jenny Aitchison MP
Minister for Regional Transport and Roads

· Talked about resilience and rebuilding

· Will ‘fight for fixing country roads funding’

· Was asked about reclassification but said transfer program won’t continue

· Was asked about load carrying capacity of bridges being based on current standards and maybe not considering future network loads, eg performance based solutions, heavier axles

Dr Michael Holland
on behalf of The Hon Ryan Park MP
Minister for Health
Minister for Regional Health

· strategic infrastructure planning for health/hospitals was raised

· Was asked about planning around new hospitals and inclusion of housing and childcare in planning and development.

· Was asked about mental health, wellness and wellbeing, issues of rotating mental health staff

· Was asked about how implementing inquiry and what was happening with ministerial advisory panel

The Hon. Paul Scully MP
Minister for Planning and Public Spaces

· Discussion around keeping state at high level and zoning dealt with locally

· Lots of discussion on resourcing

· Discussion on planning rezoning pathways

· Was asked about whether Minister considers a role for government to compulsory acquire land for housing where there is no indication of market action in reasonable horizon

· Was asked about planning portal and impact of additional timeframes

Attachments

1 ⇩. Schedule of Minister's for the June 2023 CRJO Board meeting

2 ⇩. CRJO Letter to The Hon. Ron Hoenig MP

3 ⇩. CRJO Letter to The Hon. Rose Jackson MLC

4 ⇩. CRJO Letter to The Hon. Tara Moriarty MLC

5 ⇩. CRJO Letter to The Hon. Jihad Dib MP

6 ⇩. CRJO Letter to The Hon. Stephen Kamper MP

7 ⇩. CRJO Letter to The Hon. Jenny Aitchison MP

8 ⇩. CRJO Letter to The Hon. Ryan Park MP

9 ⇩. CRJO Letter to The Hon. Paul Scully MP

10 ⇩. CRJO Letter to The Hon. Chris Minns MP

11 ⇩. CRJO Letter to The Hon. Penny Sharpe MLC

12 ⇩. CRJO Letter to Hon. Tim Crakanthorp MP

Council 26 July 2023

Item 8.1

8.1. Finalisation Draft Policy 3.13 Trees and vegetation in urban areas on Council managed public land and Draft Procedure 3.13.01 Nature Strip Planting Guideline

This report seeks a resolution of Council to adopt Draft Policy 3.13 ‘Trees and vegetation in urban areas on Council managed public land’ and Draft Procedure 3.13.01 ‘Nature Strip Planting Guideline’.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Adopt Policy 3.13 Trees and vegetation in urban areas on Council managed land, as amended following public exhibition (Attachment 1).

2. Adopt Procedure 3.13.01 Nature Strip Planting Guideline, as amended following public exhibition (Attachment 2).

3. Advise those who made a submission of Council’s decision.

Executive Summary

Draft Policy 3.13 Trees and vegetation in urban areas on Council managed land and Draft Procedure 3.13.01 Nature Strip Planting Guideline have been publicly exhibited in line with Council’s resolution at the meeting of 15 February 2023.

Sixteen (16) public submissions were received to the draft policy and draft procedure, including one from Essential Energy, in addition to two submissions from Council staff. Following a review of the submissions, several amendments to the draft policy and procedure are recommended.

This report seeks a resolution of Council to adopt Policy 3.13 Trees and vegetation in urban areas on Council managed public land and Procedure 3.13.01 Nature Strip Planting Guideline with several minor amendments outlined in Attachments 1 and 2 to this report.

Background

The Bega Valley Shire Operational Plan 2021-2022 included an action 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’. A cross-Council group was formed to deliver this project and a draft policy and draft procedure were developed.

The draft policy applies to trees and vegetation on Council owned and managed public land and public road reserves in urban areas with a speed environment of 60km/hr or less, including Council managed public reserves including Council managed Crown land, road reserves, Council car parks, hall grounds and cemeteries.

The draft procedure applies to a range of planting and landscaping activities that may be carried out on nature strips by residents in urban areas with a road speed limit of 60km/hr or less, without requiring further approval from Council under the Roads Act 1993. The Guideline complements Council’s Procedure 5.02.07 Private works on verges and road reserves.

The draft policy and procedure were developed from a risk-management perspective, taking into consideration Council’s existing capabilities and resources. In the drafting of the policy, further commitments to tree and vegetation planning, planting, monitoring and maintenance in the road reserve and public reserves were considered. This raised significant concerns about the ability of Council to resource these measures to the extent desired in Council’s adopted strategies and it was clear that planning, maintenance and compliance teams are not currently resourced to take on commitments beyond those identified in the drafts. The draft policy and procedure seek to balance desired future character, risk and resourcing.

At the meeting of 15 February 2023, Council resolved:

1. 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.

4. That Council have a workshop regarding non road reserve planting in public places within the urban area including parking areas with a view to enhance shade and increase canopy.

The exhibition of the draft policy and draft procedure have been completed. A workshop with Councillors was held on 5 July 2023. This report now seeks a resolution of Council to adopt the draft policy and associated draft procedure, as amended and in accordance with Attachments 1 and 2.

Options

Options available to Council are to:

1. Adopt Policy 3.13 Trees and vegetation in urban areas on Council managed public land and the associated Procedure 3.13.01 Nature Strip Planting Guideline, as provided in Attachments 1 and 2. This is the recommended option.

2. Adopt an alternative policy and/or procedure position to that provided in Attachments 1 and 2. Councillors would need to identify alternative wording for that policy or procedure.

3. Not adopt the policy and/or procedure. This is not recommended as Council committed to develop this policy and procedure in its 2021-2022 Operational Plan, and the draft policy and procedure provide significant improvements in Council’s processes for managing trees and vegetation in urban areas.

Community and Stakeholder Engagement

Engagement undertaken

Internal consultation

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.

Community and stakeholder consultation

Council engaged with the local community in accordance with the Community Engagement Strategy. This included notification of the exhibition on Council’s website, a media release, radio interview, and information on Council’s Facebook page and the Bega Valley Together newsletter (24 March and 6 April 2023 editions). Notification of the policy and procedure exhibition was also emailed to local horticulturalists, nurseries, landscapers and a range of local community groups with interests in gardening, environment and sustainability.

The draft policy and procedure were exhibited from 21 March 2023 to 18 April 2023. Sixteen (16) public submissions were received, including one from Essential Energy, plus 2 submissions from Council staff.

A Councillor workshop was held on 5 July 2023.

Summary of issues raised in submissions

A summary of the issues raised in the submissions and an overview of the recommended changes to the draft policy and procedures are outlined below. Attachment 3 to this report contains a detailed summary of the submissions with accompanying staff comments regarding the matters raised.

Draft policy

Matters raised in response to the draft policy included: support for the policy, too much emphasis on risk aversion, inadequate attention to ongoing maintenance tasks, inadequate commitments to tree and vegetation planting, suggestion to develop a tree planting strategy, inadequate recognition of habitat potential of urban vegetation, feedback in relation to poorly maintained existing urban vegetation, and various other suggested improvements to the policy and policy statements, including reorganisation of the document.

In response to these issues, several changes to the draft policy are recommended, including:

· rewording the scope, purpose and vision statement

· reorganising the policy statements

· amending the definitions of high-value tree and hollow-bearing tree

· clarifying how Council will respond to claims of nuisance

· expanding commitments for tree and vegetation maintenance

· increasing consideration of the habitat value of urban trees and vegetation

· adding opportunities for residents to maintain nominated gardens

· expanding the tree register to include high-value trees, subject to resourcing availability

· providing further guidance about the endorsed tree species list

· aligning tree and vegetation planting commitments with the Bega Valley Shire Climate Resilience Strategy

· including references to the Local Government Act 1993 definitions of public land and public road, the Electricity Supply (Safety and Network Management) Regulation 2014 and Essential Energy Vegetation Management Plan

· refining the objectives of the review of the Bega Valley Development Control Plan subdivision chapter

· including references to Council’s Procedure 1.07.1 Management of public reserves and Policy 3.07 Climate Change

· adding discussion about the benefits of vegetation (in addition to trees)

· including consideration of the cumulative impacts of airborne pollen in species selection to the endorsed tree species list

· requiring consideration of the Essential Energy Vegetation Management Plan in the design and placement procedure.

Draft procedure

Matters raised in response to the draft procedure included support for the draft procedure, risk management improvements, suggestions to permit raised bed gardens, garden bed edging, shrubs higher than 0.5m and fruit trees in road reserves without requiring further approval, and various other suggested improvements to the procedure.

In response to these issues several changes to the draft policy are recommended, these include:

· clarifying the scope and purpose

· clarifying wording around liability

· including an image of a Telstra pit

· clarifying considerations for bushfire prone land

· clarifying permitted excavation depth

· clarifying the siting of paths for pedestrian thoroughfare and roadside access.

Engagement planned

No further community and stakeholder engagement is planned.

Financial and Resource Considerations

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 a range of 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.

The ability of Council to resource the policy was a principal consideration throughout the drafting of the policy. Some of the future process improvements included in the draft policy may be undertaken by Council staff as part of their regular work programs, such as the development control plan review and incorporation of plantings into the design of all infrastructure development. Others will have future resource implications for Council, including adequate care and maintenance of any new plantings, management of volunteers, direct investment to establish and populate a tree register, and development of a design and placement procedure. These activities will require future allocation of resources which will be considered as part of Council’s annual budget processes. Council will continue to undertake compliance activities in relation to works on nature strips within available resources.

Legal /Policy

The draft policy and procedure are informed by the 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, Electricity Supply (Safety and Network Management) Regulation 2014, 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

The draft policy has been developed with consideration of the Bega Valley Community Strategic Plan 2042. Of relevance to this policy and procedure are a number of strategic objectives and strategies relating to community, environment, infrastructure and civic leadership.

The draft policy is consistent with the following relevant actions and future directions of the 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 the 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 draft policy and draft procedure will improve the quality of trees and vegetation on Council managed public land in the urban areas of the 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 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 policy and draft procedure will improve the amenity of residential areas and the attractiveness of town centres and public spaces which attract visitors and residents. It may also result in measurable electricity cost savings from tree shade by reduced need for cooling.

Risk

The risk assessment carried out for this project indicates that there are significant legal, reputational and financial risks to Council associated with trees and vegetation in urban areas on Council managed public land. The 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 within the limits of Council’s available resources.

Social / Cultural

Urban trees and vegetation 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 vegetation and supports the development of processes to ensure that future plantings are well-planned, well-executed and adequately maintained so the community may benefit from 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 (as amended)

2 ⇩. Draft Procedure Nature Strip Planting Guideline (as amended)

3 ⇩. Summary of Submissions

Council 26 July 2023

Item 8.2

8.2. 2022.366 “Village Square” Mixed Use Development - Tourist Information Centre, Health Consulting Rooms, Retail Premises and Shop Top Housing, Lots 4 and 5 DP 1134, 66 -68 Princes Highway, Cobargo

Director Community Environment and Planning

Applicant	Cobargo Community Development Corporation Limited
Owner	Cobargo Community Development Corporation Limited
Site	Lots 4 and 5 DP 1134, 66-68 Princes Highway, Cobargo
Zone	RU5 Village Zone
Site area	417.3m2
Proposed development	“Village Square” Mixed Use Development - Tourist Information Centre, Health Consulting Rooms, Retail Premises and Shop Top Housing

Precis

The development application is being reported in accordance with Council Policy 3.01.01 – Reporting of Development Applications to Council, as the development application was subject to 10 or more unique submissions by way of objection from different households.

Additionally, the application seeks a variation to the height of buildings development standard, as set out in the Bega Valley Local Environmental Plan 2013.

Officer’s Recommendation

That Council:

1. Assumes the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notifies the department accordingly.

2. Approves the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013.

3. Approves Development Application 2022.366 for a new Village Square (Tourist Information Centre, Health Consulting Rooms, Retail Premises and Shop Top Housing) subject to the conditions of consent provided in Attachment 1 – Draft Conditions of Consent.

4. Notifies those who made a submission of Council’s decision.

Executive Summary

The applicant proposes to construct a new “Village Square” that would incorporate a mixture of community, retail and residential land uses within a newly constructed building that would replace buildings destroyed as part of the Black Summer bushfires (2019-2020). The previous buildings have been demolished and the site currently presents as a vacant site within the main street of Cobargo.

Background

The site is located within the existing Heritage Conservation Area and is being considered within the context of three other development applications for bushfire rebuilds within the main street of Cobargo. The design of these developments has generated a significant amount of public interest as part of their pre-lodgement preparation and more detailed assessment.

Feedback from the community and referral responses has resulted in the redesign of the original plans for the “Village Square” to address traffic safety and the heritage impact of the proposed new building on the heritage values of the existing main street of Cobargo.

Figure 1 – Cobargo Bushfire Rebuilds

Figure 2 – Photo towards the site from the main street looking south

Description of the proposal

The proposal would involve the construction of a new “Village Square” - Mixed Use Development, incorporating a Tourist Information Centre, Health Consulting Rooms, Retail Premises, Shop Top Housing and associated Car Parking. The design incorporates a shared access driveway and turning circle over the proposed Resilience Centre site to the south at Lot 3 DP 1134, 70 Princes Highway, Cobargo.

The proposed Development Plans are provided as Attachment 3 to this report.

Figure 3 – Extracts from proposed Development Plans

Site Plan

Lower Ground Floor

Ground Floor

First Floor Plan

Landscape Plan

Colours and Materials

North Elevation

East Elevation

South Elevation

West Elevation

Planning Assessment

The development application has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. Attachment 2 to this report provides a detailed assessment of those Matters for Consideration.

Bega Valley Local Environmental Plan (BVLEP 2013)

Zoning and Permissibility

The site is zoned RU5 Village under the provisions of the BVLEP 2013.

The objectives of the RU5 zone are:

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

To ensure that development maintains and protects the village character.

The proposal is consistent with the zone objectives.

The design incorporates a range of land uses that are permissible within the RU5 Village Zone, being Retail Premises, Health Consulting Rooms, Tourist and Visitor Information Facility, Shop-Top Housing.

Clause 5.10 Heritage Conservation

The land is vacant and while no longer heritage listed, the site forms part of a Cobargo Heritage Conservation Area and has been considered in accordance with the relevant controls, particularly Clause 5.10.

A Heritage Impact Statement has been submitted with the development application that includes an addendum to accompany revised plans (Attachment 5 – Heritage Impact Statement and Addendum). Advice has also been sought from Council’s Heritage Advisor about the original and revised plans for the proposed development. A detailed assessment is provided in the assessing officer’s Section 4.15 Assessment Report, which is provided as Attachment 2.

Of primary concern is the overall bulk and scale of the building within the existing streetscape and how this responds to the existing developments and other proposed bushfire rebuilds. Although the development is infill, the proposal is being considered within the context of buildings that were destroyed and formed an established part of the main street and village setting of Cobargo. In this case the overall bulk and scale, roof form and finer grain elements including awning treatments and the choice of colours and materials all contribute towards the character of the proposed building and this has formed an integral part of the assessment process and generated a significant amount of public interest.

On balance, staff have concluded that the proposed development would be a suitable addition to the main street precinct of Cobargo.

Clause 4.3 Height of Building and Variation Request under Clause 4.6

The objectives of Clause 4.3 of the BVLEP 2013 are as follows:

(a) to retain the existing character and landscape of the locality and to encourage a low- set building form,

(b) to protect residential amenity, views, privacy, and solar access.

A 10-metre height limit currently applies to the site which is measured from “existing ground level” to the highest point of the building.

Building height is defined as follows:

Building Height (or height of building) means—

(a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or

(b) in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

A variation request has been submitted to substantiate the proposed variation to the 10m height development standard, under the provisions of Clause 4.6 of BVLEP 2013. The variation of 10.95m is within 10% of the standard and staff conclude that the proposal would not have an adverse impact on the heritage significance of the streetscape of Heritage Conservation Area of Cobargo, nor adversely impact on adjoining properties.

A detailed assessment of the variation request is provided in the assessing officer’s Section 4.15 Assessment Report, provided as Attachment 2 to this report.

The Applicant’s Variation Request is provided as Attachment 4.

The concurrence of the Secretary of the Department of Planning and Environment can be assumed in this instance, in accordance with the provisions of Planning Circular PS 18-003.

Figure 4 – Height Variation

Bega Valley Development Control Plan (BVDCP 2013)

The proposed mixed-use development involves a range of land uses that would contribute directly towards the community and recovery process including a tourist information centre, co-working spaces, consulting rooms, retail and residential land uses.

The consolidation of two allotments has provided the opportunity to create a much larger multi-functional building on the site. The overall size of the development and location on the western side of the Princes Highway presents challenges in terms of access, parking, building code compliance, flooding and bushfire hazards. These constraints have been addressed as part of the assessment of the proposed development and supplementary reports.

A key assessment consideration is the overall bulk and scale of the proposed development and how this would impact on the existing streetscape of Cobargo. The development has been designed having due consideration of the topography of the site, pushing the larger components of the building towards the rear, with single and two storey components at the street frontage (East Elevation) with active retail land uses and a forecourt. Landscaping has also been incorporated into the design.

Revised plans have been provided that are more in keeping with the Desired Future Character Statements for Cobargo that emphasises the importance of conserving the heritage qualities of Cobargo through sympathetic infill development particularly within the main street.

Further details are provided in the Section 4.15 Assessment Report, provided as Attachment 2.

Community and Stakeholder Engagement

PUBLIC SUBMISSIONS

The proposed development was advertised in accordance with Council’s adopted Community Engagement Strategy from 7 November 2022 until 5 December 2022. Twelve (12) submissions were received during the notification period with 10 submissions highlighting objections to the original design.

A summary of these submissions has been completed as part of the development assessment (see Attachment 6 – Summary of Submissions).

A full copy of submissions has been uploaded to the Councillor portal for review and consideration.

The primary concern about the design relates to the potential impact the building would have on the heritage values of the main street in Cobargo, particularly the articulation of the proposed building and its overall bulk and scale within the streetscape.

The submissions contained a series of recommendations, including a response from the National Trust, regarding an alternative design with traditional awnings, painted fibre cement weatherboards, ventilated roof lights and a revised roof profile with more strategic placement of solar panels to reduce visibility from the street. The submissions also recommended that a masterplan be adopted prior to determination of any development applications for the main street of Cobargo.

A copy of the submissions and advice from Council’s Heritage Adviser were forwarded through to the applicant and revised plans were received. The following design responses have been received from the applicant.

Landscaping

The existing main street is characterised by street trees in the form of Crepe Myrtles and landscaping located with the rear, side and frontages of existing properties within the Heritage Conservation Area of Cobargo.

A landscaping plan has been submitted with the design. The landscape is designed to connect the Village Square to the park around the public amenities block to the north, Wilgo Creek to the west and the Bushfire Resilience Centre to the south, as well as the Princes Highway. A forecourt to the proposed Village Square features large honed aggregate concrete pavers to match the paving on the neighbouring block. The forecourt area also includes timber seating with planter boxes and deciduous trees.

Colours and materials

The proposed Village Square materials palette references the materials used in existing buildings on Cobargo’s main street, particularly those from the early twentieth century and interwar periods.

The northern and southern portions of the building are different from each other, with the southern two-storey portion being of a soft red brick and the northern single storey portion being clad with horizontally laid fibrous cement sheet. This has been done to enable the two structures, which are on two different allotments, to be read independently. The use of fibrous cement weatherboards and brick for the shops on the street front connects this structure to the former buildings on site and other weatherboard clad and brick buildings on the street.

There is no uniform historic colour palette used on Cobargo’s main street.

The single-storey portion of the Village Square has a light-coloured palette not dissimilar to other buildings on the main street. The two-storey portion is darker to create a distinction between the two lots. It responds to other face brick buildings on the main street. The green glazed bricks proposed for the southern shop front façade are consistent with the tiles on the Benny’s building and other shop fronts in the street.

Awning treatments

The Village Square is shown with a cantilevered awning on its street front (east) elevation. It is constructed of lightweight corrugated metal and has a shallow pitch.

The awning extends over the footpath along the two-storey portion of the building and steps back with the setback on the single-storey portion. It continues along the front of the single storey portion of the building which faces a paved forecourt.

The two-storey portion of the building is designed with a balcony over the ground floor shop. The balustrade consists of brickwork with metal infill panels of contemporary design.

The proposed awning over the footpath in front of the two-storey southern portion of the building and over the shops of the northern single storey portion of the building is in keeping with other awnings on Cobargo’s main street.

The balustrade of the second storey verandah on the southern portion of the building provides a contemporary interpretation of the shop front parapets that exist on several of Cobargo’s buildings, including the northern portion of the newsagency, the pharmacy, Benny’s butchery and the building that occupied 64 Princes Highway, but was lost in the fires.

Roof forms

The Village Square has one street facing gable on the two-storey portion of the building. It has a pitch of 25 degrees. There are an additional three gables on the north elevation, also with a pitch of 25 degrees.

The shops that occupied 66 Princes Highway were single storey and had a pair of street facing gables. The former shop at 68 Princes Highway was originally constructed as a narrow building with a single gable. An additional infill gable building was constructed after 1998.

The new development maintains the same number of street-facing gables (one). Its pitch of 25 degrees is compliant with the DCP requirements. The northern portion of the building has gables facing the public park to the north.

Solar panels

Solar panels are shown on all the roof planes of the single-storey portion except that facing the street. There are also solar panels on the hipped roof at the rear of the two-storey portion of the building. There are no panels shown facing the street.

The solar panels will not be visible from the Princes Highway as they are located on the internal roof slopes of the proposed development.

Staff Comment

· The design response from the applicant is more in keeping with the existing streetscape and heritage conservation area in terms of the building elements and choice of colours and materials.

· The overall bulk and scale of the building has been reduced by dividing the building into a single and two storey component that is further accentuated by the choice of colours and materials.

· The single storey component would provide an interface between the proposed development site and the open space to the north and provide a more activated street frontage with the main street.

· The location of the building on the western side of the main street reduces the potential impact on the development with existing vegetation and Wilgo Creek at the rear and the proposed “Resilience Centre” that is to be built directly to the south of the site (DA 2022.308).

· Landscaping has been incorporated into the design and the provision of street trees has been recommended as a draft condition of consent.

· The proposed “Village Square” would incorporate a range of land uses that would make a positive contribution towards the recovery process and re-activation of the village centre.

· The request to prepare a masterplan for Cobargo prior to determination of these development applications is not considered reasonable as it would create unreasonable delays to assessment timeframes.

· The development applications have been assessed in accordance with the planning documents that were in effect at the time of lodgement being the Bega Valley Local Environmental Plan 2013 and Bega Valley Local Environmental Plan 2013.

Figure 5 – Original Streetscape

Figure 6 – Proposed Streetscape

REFERRAL RESPONSES

Bushfire

The development application has been referred to the relevant staff internally and externally for advice as part of the assessment process. A bushfire assessment has been completed and supplementary advice has been provided to demonstrate that the proposed development is in accordance with the Planning for Bushfire Protection Guidelines 2019.

Access

The impact on the proposed access from the Princes Highway has been considered within the context of the site and previous land uses. The proposed design includes a shared driveway with the proposed Resilience Centre directly to the south (DA 2022.308). Matters for consideration included the practical entry and exit of the driveway, proposed turning bay and garbage collection.

A referral was sent to Transport NSW and Council’s Development Engineer to review. A detailed driveway design, turning bay including a swept path analysis and timed collection of garbage bins has been detailed within the traffic report and supplementary information to address the traffic safety concerns.

Creek Bank Stability

All works outlined in the Creek Bank Stability - Geotechnical Slope Instability Risk Assessment prepared by ACT Geotechnical Engineers – Ref. JM/C12942, 01/06/2023 shall be fully contained within the development site.

Note: Separate approval is necessary for any works associated with the neighbouring land.

A stormwater design including a catchment analysis has been prepared for the proposed development site with an approach to on-site detention that does not require discharge to the rear of the site subject to conditions of consent.

Flood impacts and proximity to Wilgo Creek

A flood risk management report and supplementary stability assessment has been provided and reviewed by our Development Engineer and Environmental Services Team. The potential impacts have been addressed through mitigation measures to address the stability of the slope and a condition has been placed on the draft consent.

The development application was also referred to DPE Water as the proposal involves works within 40 metres of the creek and therefore the development is Integrated Development, as a Controlled Activity Approval will be required from DPE Water. General Terms of Approval were issued by DPE Water dated 19 December 2022 and will form part of any development consent.

Summary

The overall bulk and scale of the building has been reduced by dividing the building into a single and two storey component that is further accentuated by the choice of colours and materials. The location of the building on the western side of the main street reduces the potential impact on the development with existing vegetation and Wilgo Creek at the rear and the proposed “Resilience Centre” that is to be built directly to the south of the site (DA 2022.308). Landscaping has been incorporated into the design and the provision of street trees has been recommended as a draft condition of consent.

The proposed design is in keeping with the objectives of the Bega Valley Local Environmental Plan 2013 and Bega Valley Development Control Plan 2013. The proposed minor variation from the 10m height limit is considered acceptable in this instance.

The proposed “Village Square” would incorporate a range of land uses that would make a positive contribution towards the recovery process and re-activation of the village centre which is in keeping with Council’s Commercial Land Strategy 2040 and Residential Land Strategy 2040 and Local Strategic Planning Statement 2040.

Options

The following options are available to Council, in is consideration of this matter:

1. Approve the development application subject to the conditions of consent provided in (Attachment 1). This is the recommended option.

2. Defer consideration of the matter and request a separate report identifying any relevant Section 4.15 matters for consideration and draft reasons for refusal.

3. Defer consideration of the matter and seek an alternative design to address any concerns raised (to be specified by Councillors).

Engagement planned

Those who made a submission will be notified of the Council resolution.

Financial and Resource Considerations

Assessing and determining development applications is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2023-24 budget.

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed development is consistent with the following statement within the Bega Valley Local Strategic Planning Statement (LSPS) 2040.

Planning Priority 10: Character

· Apply desired future character statements for towns and villages to ensure new development is consistent with the features that have been identified to be retained or enhanced and is in line with community expectations.

· Protect cultural heritage and built heritage items and preserve the value of heritage buildings and places by ensuring by ensuring that new development near heritage-listed items respects these values.

Planning Priority 11: Housing

· Encourage residential development in sewered villages to provide more affordable housing options, minimise land use conflict and the support continued viability of villages.

Planning Priority 12 Town Centres

· To adjust to the changing role and function of town centres and create vibrant commercial centres by improving the mix of commercial, social, recreational and cultural land uses and the design and function of public areas.

· Encouraging appropriate new development to locate within existing commercial areas in town centres.

· Manage new development to retain and support the commercial hierarchy and encourage blended uses that contribute to a centre as a destination where consistent with the range of goods and services that are suited to the category of the centre.

Environment and Climate Change

The impacts of the development on the environment have been assessed and detailed in the Section 4.15 Assessment Report. Demolition works have been undertaken and the presence of any asbestos addressed as part of the clearance report for the site. Reports have been provided to assess the potential acoustic, flooding, geotechnical and bushfire impact.

A due diligence assessment has been undertaken and a notation would be placed on any approval to comply with these protocols.

Economic

The proposal involves a bushfire rebuild that would have a positive impact on the economy throughout the construction phase and re-establish retail land uses within the main street of Cobargo.

Risk

The assessment of development applications is a core function of Council. There are no material impacts on Council’s operations associated with the proposed development. The potential impacts have been addressed within the Section 4.15 Assessment and reinforced as part of Conditions of Consent.

Social / Cultural

The proposal involves a bushfire rebuild and would play an important role in the recovery process. The development incorporates a Tourist Information Centre and Health Consulting Rooms with direct community benefit for Cobargo.

Attachments

1 ⇩. Draft Conditions of Consent

2 ⇩. Section 4.15 Assessment Report

3 ⇩. Development Plans

4 ⇩. Clause 4.6 Variation Request

5 ⇩. Heritage Impact Statement and Addendum

6 ⇩. Summary of Submissions

Council 26 July 2023

Item 8.3

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

This report provides the adopted minutes for the Cemetery Advisory Committee, Montreal Goldfields Committee and General Community Hall Committee for February 2023.

Director Community Environment and Planning

Officer’s Recommendation

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

Executive Summary

This report provides the minutes from the February meetings of the Cemetery Advisory Committee, Montreal Goldfields Committee and General Community Hall Committee for information. Due to the committee meetings being held quarterly the minutes are confirmed three months in arrears and reported to Council at the next available meeting.

It is important to note that additional items may have progressed since the February minutes were adopted but are not contained in this report.

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.

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.

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.

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.

Options

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

Community and Stakeholder Engagement

Engagement undertaken

Nominations for Council committees are sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. Engagement with the committees to date includes formal meetings and out of session correspondence to keep projects on track and ensure progress of key actions.

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.

Meetings of each committee will continue quarterly as per the terms of reference.

Financial and Resource Considerations

Council officer time is required to provide support to the committees as per committee guidelines which is part of the annual activities of Council. There are no additional financial or resource considerations associated with the recommendation of this report.

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 environmental 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, however maintaining and utilising our community assets such as halls, will have broader economic benefits for the community.

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 and to contribute to a more socially and culturally cohesive Bega Valley.

Attachments

1 ⇩. Cemetery Advisory Committee meeting minutes 16 February 2023

2 ⇩. Montreal Goldfield Commitee meeting minutes 17 February 2023

3 ⇩. General Community Hall Committee meeting minutes 21 February 2023

Council 26 July 2023

Item 8.4

8.4. Memorandum of Understanding (MoU) between Animal Welfare League and Bega Valley Shire Council

This report seeks Council approval to enter into a Memorandum of Understanding with Animal Welfare League in relation to collaborative animal welfare arrangements in the Bega Valley Shire.

Director Community Environment and Planning

Officer’s Recommendation

That Council delegates authority to the Mayor and Chief Executive Officer to enter into a Memorandum of Understanding with Animal Welfare League (Attachment 1) to support animal welfare management in the Bega Valley Shire.

Executive Summary

Animal Welfare League (AWL) has, for many years, assisted Bega Valley Shire Council (BVSC) to rehome companion animals. The proposed Memorandum of Understanding (MoU) at Attachment 1, seeks to clarify the commitments of both BVSC and AWL in the Bega Valley Shire.

Background

AWL is a registered charity that has been working in NSW for over 60 years to rehome stray and surrendered companion animals, educate the community about animal welfare, and provide discounted de-sexing programs. For over 20 years, the Far South Coast branch of AWL has worked closely with BVSC to assist the Bega Valley community to care for and rehome companion animals. AWL – Far South Coast is run entirely by volunteers. Further information on AWL’s activities is available at https://www.awlnsw.com.au/find-us/far-south-coast/

An MoU between BVSC and AWL was last entered into on 18 September 2019. This MoU expires in September 2023.

The proposed, updated MoU seeks to recognise the commitments of both AWL and BVSC to animal welfare in the Bega Valley Shire, and particularly to the rehoming of dogs and cats impounded at the Bega Valley Companion Animal Facility.

The MoU has been updated to align with the amendments to the Companion Animals Act 1998 regarding the need to take reasonable steps to advertise animal rehoming, as well as the following changes (in summary):

· Definitions, terms and legislation references have been added

· AWL commitments have been updated to remove reference to ‘pound cleaning staff’ and replaced with ‘Council ranger and ranger services administration staff’

· Added reference to animal assessments to be in line with Council’s temperament testing process

Options

The options available to Council are to:

1. Delegate authority to the Mayor and Chief Executive Officer to enter into the attached MoU. This is the recommended option.

2. Delegate authority to the Mayor and Chief Executive Officer to enter into an MoU that varies from that described in Attachment 1. Council would need to provide proposed alternative wording and further discussions with AWL would be required.

3. Not authorise the Mayor and Chief Executive Officer to enter into an MoU with AWL. This option is not recommended as it is in both BVSC and AWL interests for certainty about the level of support each organisation is able to provide for animal welfare in the shire.

Community and Stakeholder Engagement

Engagement undertaken

Extensive consultation has been undertaken with AWL and staff involved in the delivery of animal welfare services within BVSC. The MoU provided at Attachment 1 has been reviewed and agreed to by AWL.

Engagement planned

Community engagement in relation to the MoU is not proposed. However, as part of the MoU, AWL and BVSC will increase promotion of impounded animals which will have the dual outcome of increasing rehoming of animals and increasing awareness of AWL and its animal welfare activities.

Financial and Resource Considerations

There are no direct financial implications associated with this report or the MoU. Animal welfare activities are already included in Council’s budget and the additional responsibilities for BVSC staff (e.g. transport of animals to vets) will only be undertaken where they can be integrated with operational priorities.Legal /Policy

There are no direct legal implications associated with this report. The MoU is consistent with Council’s obligations under the Local Government Act 1993 and Companion Animal Act 1998.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The MoU aligns with the following goals in the Bega Valley Community Strategic Plan:

CSP THEME: Our community – A connected and vibrant community where people are happy, safe and well.

CSP STRATEGY: Ensure community safety is planned for and partner with other agencies to address issues related to community safety

Environment and Climate Change

There are no direct environmental sustainability implications associated with this report.

Economic

This report and MoU do not have a material impact on the economy of Bega Valley Shire. The work of AWL supports those on low incomes to meet the costs of companion animal ownership.

Risk

There are safety risks associated with rehoming animals and accessing the Companion Animal Facility, as some impounded animals are dangerous. These risks have been mitigated through the MOU requirement that both AWL and Council assess the suitability of animals for rehoming, and that volunteers and potential owners are accompanied by Council staff while at the Companion Animal Facility.

Social / Cultural

Companion animals provide recognised benefits for health and wellbeing. By working collaboratively, AWL and Council can increase the number of impounded animals that are either reunited with their owners or found new homes.

The work of AWL helps those most vulnerable in our community with the costs of animal ownership, which means more people are able to receive the benefits of companion animal ownership.

Attachments

1 ⇩. Draft MoU Bega Valley Shire Council and Animal Welfare League

Council 26 July 2023

Item 9.1

9.1. Sportsground Facility Management Plans

This report presents a recommendation to endorse the updated Sportsground Facility Management Plans.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council endorse the Facility Management Plans for: Dickinson Oval, Wolumla Recreation Ground, Berrambool Sports Complex, Pambula Sporting Complex, George Brown Oval, Barclay Street Sports Complex, Bega Sporting Complex, John Gordon Recreation Reserve, Colombo Park Bemboka and Lawrence Park.

Executive Summary

Facility Management Plans (FMPs) for regional and district level sports grounds were previously endorsed for adoption by Council on 20 July 2016. These included Dickinson Oval, Wolumla Recreation Ground, Berrambool Sports Complex, Pambula Sporting Complex, George Brown Oval and Barclay Street Sports Complex.

FMPs were developed for additional sites and endorsed on 25 November 2020 where an active site committee and representation on Council’s S355 Sportsgrounds Committee was in place, including Bega Sporting Complex, John Gordon Recreation Reserve and Lawrence Park. On 09 February 2022 the inclusion and endorsement of Bemboka Colombo Park FMP was finalised.

All FMPs have been reviewed and changes made taking into consideration the increase in costs for tasks on the operation and maintenance summary, as well as changes in seasonal and casual user groups, review of the induction section and an updated risk management plan.

Background

Sportsgrounds include a range of infrastructure provision including playing surfaces for a variety of sports, lighting, irrigation systems, pavilions, toilets, parking, seating, and shelters. These facilities are managed and maintained by a combination of Council, site committees and user groups.

There are currently 14 sportsground sites (12 outdoor sites plus Ford Park Courts and Bermagui Indoor stadium) managed by Council across the Shire, with volunteer committees in place at many sites working in partnership with Council. It is important to establish management and operational plans to provide fit-for-purpose, safe and accessible sporting facilities while best utilising resources available across the Shire. An FMP provides direction for the operation, maintenance, management, planning and use of sportsgrounds and associated facilities so that the users and community’s needs are met. It also provides an opportunity for future aspirational goals to be identified.

The management and operation of sportsgrounds incurs expenses such as those for power, water (including irrigation), cleaning and mowing. There are also other regular seasonal and annual maintenance tasks and asset inspections that need to be undertaken to ensure the facilities are in a fit for purpose condition. For this to happen it is important there is an operations and planning tool that ensures all tasks are understood and suitably resourced.

Council commenced a process for the development of FMPs for the sportsgrounds across the Shire in 2015. Initially sites with active sportsground committees represented on the S355 Committee developed FMPs which were then endorsed at the 20 July 2016 Council meeting. These have been reviewed and another four FMPs developed and endorsed on 25 November 2020 and one FMP endorsed on 09 February 2022.

Towamba Sportsgrounds does not have any active sports clubs regularly using the facilities and for this reason Council staff liaise with the community as required however most bookings are through the Halls committee. Wyndham Sportsground has one seasonal user (Pony club) and a new site committee, and an FMP will be developed for the Wyndham Sportsground in 2024.

Draft Facility Management Plans

A copy of the Draft BVSC Sportsgrounds Facility Management Plans is attached to this report.

Options

Options for the management of Sportsgrounds include:

· Adopt the amended Sportsground’s Facility Management Plans to guide the ongoing operations and management of sports grounds.

· Not adopt the amended Sportsground’s Facility Management Plans which will result in highly reactive and less efficient and effective management.

Community and Stakeholder Engagement

Consultation with site representatives has been a key aspect in developing and establishing the FMPs for sportsgrounds.

The FMPs identify individual asset types at each site and from there the tasks required and the frequency required to manage those assets. There have been meetings and direct discussions in October/November 2022 and March to May 2023, to facilitate the development of plans that reflect the needs of users and the site committees. The FMPs identify resources available (including site committee and sports club volunteers) and who is best placed, capable and responsible for undertaking those tasks. It is noted that some tasks relate to specific club and user operations, some relate to assets principally used by specific users and some relate to management of the site and facilities as a whole. The review of the FMPs has been raised and discussed as an agenda item at S355 Sportsgrounds Committee meetings over the past year.

A key element has been acknowledging the strengths and capabilities of the different groups involved at each site. Drafts were developed and distributed to each site committee to give them the opportunity and time to engage the respective user groups at each site in the process, and collectively recommend any alterations they felt necessary.

Identifying and allocating responsibility reduces the possibility there will be ‘grey areas’, duplicated effort or misunderstandings. Importantly it also provides an opportunity to account for the value and worth of volunteer input in the running of the facilities with in-kind valuation measured on committee and user group tasks.

Council staff will work with the Wyndham Sportsground Site Committee in implementation of an FMP.

Financial and Resource Considerations

In developing the resourcing component of the FMPs, the operating and maintenance requirements have been identified along with asset renewals and proposed capital upgrades prioritised by the site committees.

The FMPs provide a budgeting tool that identifies the cost for each task required at each site and consequently encourages the efficiencies in the management of each sportsground, particularly where items are included in Council’s works programs.

Operational requirements and resource allocations are intended to be adequate to meet the levels of service required to deliver fit-for-purpose, safe, and accessible sporting facilities.

FMP resourcing and service levels will be reviewed within budget cycles to acknowledge changes in available Council and/or volunteer resourcing.

Capital expenditure is principally guided by the Recreation Asset Management Plan renewal program; however, within the FMPs, committees have the opportunity to identify capital renewal and upgrade projects they would like to prioritise.

Detailed operational resourcing requirements for each site is included in the FMP documents.

Costs associated with sporting facilities are included in existing budgets and any increase in service levels would have negative budget impacts whilst any reduction in service levels would likely result in budget reductions.

Legal /Policy

There is legislation and regulations that come into effect in the operation and maintenance of sportsgrounds. The FMP documents help Council manage work health and safety requirements and public liability duty of care.

The Local Government Act 1993 applies in relation to procurement of services and for use of public assets for commercial benefit. This applies particularly in relation to the purchasing of goods and services for the operation and/or maintenance of the sportsgrounds.

The Crown Lands Act applies where assets are located on Council managed Crown Lands as is the case with some the sportsgrounds.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are several Council Plans and Policies that relate directly and indirectly to the development of the FMP. They include:

· Community Strategic Plan (CSP)

· Asset Management Plan – Parks and Recreation 2022 (AMP)

· BVSC Procedure – Community Project Proposals.

· BVSC Specification Sports Ovals/Fields 2016

· Sportsgrounds Condition Assessments

· Sportsground Irrigation Management Plan 2018

The following objectives provide the framework for the establishment and implementation of equitable and operational Sportsground FMPs:

· Encouraging community health and wellbeing through opportunities to participate in sports and recreational activities

· Providing community facilities that are accessible to all community members

· Providing sportsgrounds that offer the best possible ‘fit-for-purpose’ facilities

· Increasing the multi-use potential of sporting and ancillary facilities to see sites are adaptable and well used into the future

Goal 2 of the Bega Valley Community Strategic Plan 2040 states: We are an active, healthy community with access to good quality recreation and sporting facilities, and medical health care.

Policy

Sportsground committees and their members operate under the guidance of the following Council Policy and procedure documents:

§ Sportsground S355 Committee Guidelines (includes Sportsground Committee Guidelines)

§ Sportsground Committee Purchasing Guidelines

§ BVSC Code of Conduct

Asset Management

The sportsgrounds that are the subject of these FMPs are included in the BVSC Parks and Recreation Asset Management Plan 2022 (AMP). They are situated on a mixture of Council owned and Council managed land.

The goal of asset management is to meet a required level of service in the most efficient way through the operation, maintenance and renewal of assets. Council’s Asset Register and Asset Renewal Program are contained in the AMP and identify assets at sportsgrounds including details of the remaining life, expected renewal timeframe and broad cost estimates. The asset inventory makes some assumptions and generalisations to enable it to provide a Shire-wide picture of recreation assets.

A key outcome of the AMP is that recreational assets are to be financially sustainable. This requires Council to monitor and identify assets in need of renewal, understand the cost and implications of upgrades, review the levels of use and value of provision and where need be, rationalise assets.

Sportsground committees, Council officers, sports clubs, contractors and other volunteers all play an important role through their involvement in the care and maintenance of Council sportsgrounds, with the responsible group for each task clearly outlined in the FMPs.

Environment and Climate Change

Sporting facilities are impacted by climatic variability in that they are highly dependent upon water to provide good surface coverage. In prolonged dry periods greater irrigation is required to maintain service levels at increased cost. Going forward more consideration will be placed on water security and capture and reuse on sites where possible.

Sporting facilities often have high energy needs through the operation of amenities and lighting. Initiatives continue to be undertaken to reduce energy consumption and emissions at sporting facilities through the installation of more energy efficient lighting and solar power solutions.

Economic

Sporting facilities not only cater for recreational needs they also attract additional economic activity within the Shire. This is through drawing in visitors from outside the Shire for organised competitions and events. In addition, the sites are often used for other economy stimulating events such as concerts and fairs.

While a fees and charges structure does exist in general this revenue is minimal and does not cover the costs associated with the facilities which is heavily reliant on Council funding.

Risk

Having FMPs that identify the fundamental aims of provision, service levels and responsibilities in delivering tasks is an important aspect of delivering useable and safe facilities and reducing the likelihood of incidents occurring. The FMP includes a Facility Risk Management Plan which identifies potential risks, provides a risk rating based on the likelihood and consequences should the risk event occur and outlines a risk treatment action. Relevant safe work operational procedures (SWOPs) are also included for each site where volunteers undertake facility maintenance activities.

Social / Cultural

Many residents within the Shire participate in regular organised sport as a player, administrator, volunteer or spectator and as such sportsgrounds are highly valued by the Bega Valley Shire community. Historically there has been a very high level of volunteer involvement in running many of these sites which has led to high community interest.

An active lifestyle and involvement in sport and recreational activities provides physical and social health benefits. Individual and team sports promote social cohesion, networking, development of friendships and can improve social skills.

Importantly the FMPs clearly account for the value and worth of volunteer inputs in the running of facilities through putting a commercial value on the work undertaken by volunteers at each site, which would otherwise have to be funded by Council and the broader community.

Attachments

1 ⇩. Sportsground Facility Management Plan Draft 2023

Council 26 July 2023

Item 9.2

9.2. Request For Tender (RFT) 2223-063 Storey Avenue Drainage Works

This report details the outcome of the evaluation of Request for Tender (RFT) 2223-063 Storey Avenue Drainage Works and the recommendations for Councils consideration

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from <insert> in relation to contract for the works described in tender RFT 2223-063, in the amount of <insert> (including GST), subject to variations and provisional sums in accordance with the approved budget.

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2223-063

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

Executive Summary

This report details the outcome of the evaluation of Request for Tender (RFT) 2223-063 Storey Avenue Drainage Works and the recommendations for Councils consideration.

These works will address ongoing stormwater issues from the existing catchments along Storey Avenue through private property by the provision of underground piped stormwater and kerb and guttering. These works are to be funded through developer contributions.

Background

The Request for Tender (Construction) RFT 2223-063 – Storey Avenue Drainage Works was released for public tender via VendorPanel on Thursday, 25 May 2023. The tender closed on Thursday, 15 June 2023, and conforming submissions were received via VendorPanel from three 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:

Criteria	Weighting
PROJECT VALUE
Overall project cost	50%
PROJECT DELIVERY AND FUNCTIONALITY
Proposed construction arrangements, including site establishments and traffic management plan	8%
Construction program	9%
Recognition of local outcomes, demonstration of support for local business and community enterprise	5%
Support of Indigenous business development, provision of opportunities for Indigenous Australians to participate in the economy	3%
PROJECT EXPERIENCE
Experience completing similar projects	9%
References	5%
Work health and safety, quality, and environmental management qualifications & experience	3%
Demonstrated capacity to undertake a project of this scale	8%
Total	100%

Options

1. That Council determine accept the recommended conforming tender outlined in the confidential attachment (preferred option)

2. That Council determine decline all submitted tenders

3. That Council determine to accept an alternative tenderer

Community and Stakeholder Engagement

Engagement undertaken

The parties concurrently carrying out works accessed by Storey Avenue that will be impacted by this project have been engaged at executive and managerial level on several occasions prior to this RFT. No direct community consultation has occurred for this specific project to date

Engagement planned

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

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Project Budget including contractor costs (refer to confidential memo) project contingency, design and project management costs	$800,000
Total Expenditure	$800,000 (sum of all costs)

Source of Funds
Developer Contributions	$800,000
Total income available	*$800,000 total income = total project cost**

Total Project Capital Cost	$800,000
Total Available Construction Funding	$800,000
Project Funding Shortfall	*$0 = total expense – total income*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Upgrade	$800,000
Annual maintenance and operational costs	Estimated $2,500
Depreciation costs	T.B.C
User charges (annual income)	$Nil

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.

Environment and Climate Change

This project aim is to address ongoing stormwater issues from the existing catchments along Storey Avenue through private property through the provision of underground piped stormwater and kerb and guttering.

Economic

The drainage improvement along Storey Avenue will provide improved amenity to those residents and businesses located along and accessing off Storey Avenue.

Risk

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

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

Social / Cultural

This project aligns with the aims to provide infrastructure and services to meet the needs of residents in our towns, villages, and rural areas.

Attachments

1 . Confidential Memorandum to Councillors RFT 2223-063 Storey Ave (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

2 . Confidential attachment - RFT 2223 -063 Tender Evaluation Panel Meeting Minutes - final (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 26 July 2023

Item 9.3

9.3. Request for Quote (RFQ) - VPR325907 Construction of retaining wall, Palestine Road, Eden

This report outlines the issues and recommendations surrounding the proposed construction of a retaining wall at Palestine Road, Eden, and requests resolution on the Request for Quote (RFQ) to carry out the works.

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the recommendation in the attached confidential attachment

2. That Council accepts the submission from <insert name> for Request for Quotation (RFQ) VPR325907 Construction of a Retaining Wall, Palestine Road in the amount of <insert amount> including GST subject to variations, provisional sums and prime cost items.

3. That authority is delegated to the Chief Executive Officer to execute all relevant documentation and make adjustment to the 2023-24 Operational Plan and budget accordingly.

4. That all those who provided a quote be advised of Council’s decision.

5. That Council authorise Council’s Chief Executive Officer to seek legal advice regarding cost recovery as per Option 2 using relevant legislative powers conferred upon Council as both a Roads Authority and Local Government Authority under the NSW Local Government Act 1993 and NSW Roads Act 1993.

Executive Summary

This report outlines the relevant planning, technical, regulatory and infrastructure risk issues associated with a slope stability problem impacting the existing road formation and nearby private property at Palestine Road, Eden.

A summary of the issues and recommendations for any further action are presented for Council’s consideration.

Background

The following report outlines issues surrounding an infrastructure risk at Palestine Road that requires prompt resolution due to a current instability of an existing road formation, actions by private parties, impacts on the local community residing along the road, a related damages claim against Council, potential compliance action and possible impacts to Council’s 2023-24 Operational Plan.

Palestine Road is a one-way in/one-way out local access road and was believed to be completely vested in Crown. A subsequent investigation shows it to be part Crown and part Council tenure with the landslip in the Council portion.

Landslip damage was initially recorded in March 2022 on a section of Palestine Road originally thought to be under Crown ownership. Further deterioration was documented during June and November 2022.

During February 2020 to November 2022 Council experienced intense and frequent storm events that led to a number of natural disaster declarations (nine). Consequently, a significant amount of road infrastructure, Council owned or otherwise, was damaged. Council was able to secure funding for eligible damages through the Disaster Recovery Funding Arrangements (DRFA).

During the March 2022 event, a landslip occured along Palestine Road near the intersection of the Princes Highway adjacent to 2 private properties. Council inspected the site and applied for funding through the DRFA in April 2022, which was unsuccessful due in part to tenure concerns. Subsequently a boundary survey was completed, and Council attempted a second time in June 2022 to apply for DRFA funding which was again unsuccessful, with the assessor stating that in their view the cause of the slip failure was a direct result of a private development and therefore outside the remit of DRFA.

Sometime thereafter, a private party undertook excavations on their own land, neighbouring land and within the defined road reserve without the relevant section 138 approval and changed the configuration of the existing road formation and its supporting built structure. Upon discovery, Council staff issued a stop work directive and secured its own geotechnical assessment of the slope stability and defined the boundary by survey. Once the boundary was determined, it was confirmed that excavation had taken place both on private land and within the road reserve. Following the boundary determination, the relevant party was advised that they were able to continue works on their own land only but did not recommence citing safety concerns due the deteriorated slope stability.

The consequent slope stability investigations revealed that the existing slope configuration of the road formation following excavation was unstable. Council then implemented risk control measures involving part road closure and load limits, engaged with local landowners along Palestine Road and commissioned design works for a relevant slope stabilisation solution to manage the risk.

A retaining wall was deemed the most suitable solution and a procurement process (RFQ VPR325907) to identify a suitable contractor was undertaken with a preferred contractor identified.

Following the stop work directive the private party submitted a section 138 application unfortunately without sufficient detail and did not pay the relevant fee to allow processing to occur. Sometime, thereafter, a claim was made against Council for costs associated with the excavation activity and initially refused by staff. After some further period of communication between Council’s insurer and the appliacant, a without prejudice offer was made on a compromise basis to account for Council’s expenses in assessing the situation and developing a risk management treatment but was not accepted. The dispute is still ongoing.

Engagement with relevant landowners affected by the landslip and other residents along Palestine Road have continued to occur throughout this process.

To compound the issue, another storm event during November 2022 caused another landslip at the site whilst design and procurement processes were in train.

Development Approvals history

The development site (owned by Holding) at Lot 123 DP 702241, 33-37 Princes Highway, Eden (previously known as Lots 1,2,3 Section 1 DP 1022 prior to consolidation in 1982) was originally developed as a panel beating workshop, approved in 1981 under DA 1981.196. The development was later expanded under DA 1985.1337 to the development footprint in place today.

The development site (owned by Pope) at Lot 21 DP 1275360, Hopkins Street, Eden (previously known as Lots 6,7,8,9,10,11,12 & 13 Section 1 DP 1022 and Lot 1 DP 1239506 prior to consolidation in 2021) was originally developed as a Plant Depot for the purpose of a Truck Parking Area, approved in 2008 under DA 2008.476. Subsequent approval was granted in 2015 for the erection of Storage Premises under DA 2015.270.

Options

The options available to Council to manage the current situation are:

1. Proceed with the construction of the retaining wall by entering into a contract with the preferred vendor for RFQ VPR325907 Construction of Retaining Wall, Palestine Road and make relevant budget allocation and adjustments within the 2023-24 operational plan.

This option requires the allocation of additional funds from Council’s reserves over and above the project budget set aside for the project during the 2022-23 Financial Year due to the prices received from the market. The additional allocation would be sourced by identifying a suitable project in the 2023-24 Operational Plan to defer to later years. The option addresses the existing infrastructure risk and amenity impacts in the most expedient fashion possible. The option however applies the financial burden solely upon Council but may negate legal proceedings from 3^rd parties.

2. As per Option 1 but then attempt debt recovery and compliance action against any parties having undertaken unapproved works or having occasioned damage to Council’s asset (the formation of Palestine Road) relying on existing legislative powers from either the Local Government Act, 1993 or Roads Act, 1993 or both as discussed under Legal/Policy issues following. Section 102 (1) Liability for damage to public road from the Roads Act 1993, states:

A person who causes damage to a public road, or to any road work on a public road or any traffic control facility on a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 of that Act relating to all of the provisions of that Act), is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage.

This option would require additional expenditure on legal advice and preparation of orders of which an outcome for costs may not be certain or expedient based on available evidence. However, the infrastructure risk could be addressed promptly as per Option 1 discussed above. The required expenditure for legal services would also be over and above any additional project allocation as described with Option 1. If prosecution is successful, then the financial burden to Council would be reduced in due course.

3. Attempt to enter into a voluntary planning agreement with any relevant parties in an attempt to secure 3^rd party contributions for a cost sharing arrangement for the project to minimise the impacts on Council reserves prior to the construction of any structure.

This option also requires additional expenditure of funds on legal advice and preparation of the relevant documentation of which an outcome is neither certain nor expedient and prolongs the existing infrastructure risk. Entering into any such agreement is purely voluntary for any party and all parties would need to be willing to agree on the relevant amount of contributions and conditions of any agreement. Preliminary engagement indicates an unfavourable response to any voluntary arrangement.

The relevant time associated with pursuing this option may void the validity of proposals received via procurement processes for the project thus far and any eventual project costs may experience cost escalation. The option however may reduce the potential financial burden on participating parties compared with Option 2 if prosecution is successful.

4. Attempt compliance relying only on existing legislative powers from either the Local Government Act, 1993 or Roads Act, 1993 or both to issue orders or directions to any relevant parties to remedy the situation according to existing designs.

Similar to Options 2 and 3, this option requires additional expenditure of funds on legal advice and preparation of orders of which an outcome may not be certain nor expedient. The required expenditure would also be over and above any additional project allocation as described with Option 1 to allow the relevant retaining wall structure to be completed. The infrastructure risk is likely to be prolonged but may reduce the potential financial burden to Council if successful.

5. Do nothing.

This option is not viable since the infrastructure risk is prolonged and Council’s geotechnical advice indicates the slope does not meet stability requirements in its current form. This option is likely to incur further public liability claims.

The preferred option to resolve the existing infrastructure risk and community amenity impacts is Option 2 for expediency and to reduce the potential financial burden to Council.

Community and Stakeholder Engagement

Engagement undertaken

Engagement has occurred on a number of levels internally and externally with various parties throughout the period of dispute.

Council staff have engaged with adjoining property owners and residents along Palestine Road via on-site meetings, telephone and electronic correspondence.

Council staff have engaged and advocated with Transport for NSW in an attempt to secure disaster relief funding for the project on several occasions.

Council staff and affected private parties have engaged with Council’s insurer. A without prejudice offer was made for a claim received but not accepted by a claimant. Further engagement between Council’s insurer and the claimant occurred without further success.

Internal engagement has occurred within various sections of Council over various planning, access, service and waste collection issues.

Council staff engaged relevant professional entities via market processes to determine survey boundaries, geotechnical conditions and design arrangements throughout the period of dispute but also in preparation for the corresponding procurement activity.

Should Council proceed to the relevant execution of the contract for works then the usual project related engagement activities will occur.

Engagement planned

Further engagement is planned with relevant affected parties, local residents and any relevant vendors following Council’s final resolutions.

Financial and Resource Considerations

Due to the commercial-in-confidence nature of bids received through the procurement process, only expenditures prior to the commencement of the procurement phase are reported in the table below. Details of the procurement evaluation are contained within the confidential attachment. Staff time has not been considered as part of the reported costs.

Item	$ Excl GST
Expenditure Detail
Survey and design	$13,1370
RFQ VP325907 Construction of Retaining Wall Palestine Road	Refer confidential attachment

Total Expenditure	Refer confidential attachment

Source of Funds
<approved budget\|revenue funded>	Refer confidential attachment
<grant income\|name of grant>	Refer confidential attachment
<reserve funds\|name of reserve	Refer confidential attachment
Total income available	Refer confidential attachment

Total Project Capital Cost	Refer confidential attachment
Total Available Construction Funding	Refer confidential attachment
Project Funding Shortfall	Refer confidential attachment

Due to the commercial-in-confidence nature of bids received through the procurement process, only impacts and incomes prior to the commencement of the procurement phase are reported in the table below. Details of the procurement evaluation are contained within the confidential attachment. Staff time has not been considered as part of the reported costs. The only variation to possible income sources would be in the instance of developer contributions secured through any voluntary planning agreement which is unknown at this point.

Two attempts were made to source funding for the relevant repairs under the relevant Disaster Recovery Funding Arrangements (DRFA) but the project was determined to be ineligible on both occasions.

Voluntary cost sharing arrangements for the project were discussed with relevant parties that were negatively received.

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	Refer confidential attachment
Annual maintenance and operational costs	Refer confidential attachment
Depreciation costs	Refer confidential attachment

Legal /Policy

· Civil Liability Act

· Local Government Act

· Roads Act

· EPAA Act

A number of legal and policy issues are relevant to the current issue and proposed project at Palestine Road, Eden.

Any development must comply with the relevant conditions of any development consent applying to the subject land. The conditions of consent remain in force for the life of the development. The relevant development consents in this instance are DA 1981.196 and 1985.1337 for the Holding site and DA 2008.476 and 2015.270 for the Pope site. Non-compliance with conditions of consent is an offence under the provisions of the Environmental Planning and Assessment 1979. The procurement process for RFQ VPR325907 Construction of a Retaining Wall, Palestine Road was undertaken in accordance with the relevant provisions of the Local Government Act 1993 but has yet to be resolved pending Council’s final resolution.

Council as a Local Government Authority has the power to serve orders under Part 2 Orders of the Local Government Act 1993. Orders requiring the protection or repair of public places are available under Section 124 Orders of the Local Government Act 1993 and may be relevant to resolution of the current issue.

Council is a road authority as empowered by Section 7 (4) of the NSW Roads Act 1993 for roads under its control. Consequently, under Sections 138 and 139 of the Roads Act 1993, Council is the consent authority for installation or carrying out of works within the road reserve. No current section 138 consent and approval was in place at the time of the excavation works undertaken.

The relevant section 138 approval application process is available on Council’s website at the following link:

https://begavalley.nsw.gov.au/services/section-138-approval

A section 138 application was lodged after the fact with insufficient detail or payment of the relevant fee to allow processing to occur. Attempts were made with the applicant to supply the additional information required and fee payment but neither were successful.

The section 138 application and provisions do not apply to private land.

Council as a roads authority also has a number of other legislative powers conferred to it by the Roads Act 1993 that allow it to serve notices, orders and directions under Division 1 Protection of Public Roads which may be applicable to the identified options discussed earlier and current conditions at Palestine Road.

Protection under the Civil Liability Act is afforded to public or other authorities (Council as both a road authority and local government authority) in certain circumstances where it either did not have knowledge of an issue or exercise of its functions are limited by financial and other resources. The allocation of resources is generally not open to challenge.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project genesis has essentially been reactive in nature as a result of a number of natural disasters involving storm events during the 2020-2023 period similar to many other disaster damages.

The project to install a retaining wall at the subject location has not been specifically identified in Council’s current Delivery Plan or Operational Plan due to the reactive nature of the slope stability issue. The project does broadly align however with Council’s Community Strategic Plan section C. Our Environment, We act to adapt to and mitigate the effects of Climate Change, Strategy C.5

‘Lead Climate Change mitigation and adaptation through implementation of our Climate Resilience Strategy focussing 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’.

The project also broadly aligns with the Climate Change adaptation and resilience approach embedded withing Council’s adopted Strategic Asset Management Plan 2022-2025 June 2023 update without being specifically identified.

Environment and Climate Change

The project broadly aligns with adaptation measures for Climate Change and resilience as discussed in Strategic Alignment issues above.

Economic

The key economic benefit of proceeding with the project is to improve climate adaptation and infrastructure resilience of Palestine Road to future natural hazards and disaster events occasioning infrastructure damage. There are some minor economic benefits to existing businesses adjoining Palestine Road from re-instating reliable all-weather access. There are also minor local positive economic benefits from consumption of goods and services.

Risk

The predominant current risks associated with the site and project are related to infrastructure risk (both public and private) and civil liability issues.

Existing infrastructure risk is prolonged with further slope instability and failure without the implementation of a retaining solution.

Risk at the site is currently being managed with part road closure, surface water controls, service adjustments and load limits until the proposed retaining wall can be implemented.

Council is also currently in dispute with a party over a public liability claim that has some relationship to the current project and existing site conditions.

Social / Cultural

Some social and cultural impacts are being experienced through reduced local amenity and restricted access due to the imposition of load limits at the site to manage the infrastructure risk at the location. Changes in waste collections arrangements have been necessary to manage the difference between the posted load limit and the current gross vehicle mass of waste collection vehicles.

A local developer along Palestine Road has been attempting to construct a residential dwelling but the existing load limit is restricting the type of service vehicles able to make deliveries to the proposed site.

The construction of the proposed retaining wall would eliminate the load limit and restore the normal waste collection operations and access conditions in effect prior to the infrastructure issue arising.

Other residents along the road have experienced minor water and power service outages during the period of identified slope instability. The minor outages have been rectified in the interim but an ongoing infrastructure risk to the existing services still exist at the site without the implementation of a suitable slope stability solution. The existing design proposal considers the protection of the existing site services identified.

Attachments

1. 2023.07.26 ATTACHMENT Confidential memo - RFQ VPR325907 Construction of retaining wall at Palestine Road, Eden (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.

2. 2023.07.26 ATTACHMENT Confidential memo - timeline and issues related to construction of retaining wall at Palestine Road, Eden (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 26 July 2023

Item 9.4

9.4. Bega Valley Local Traffic Committee 4 July 2023

This report provides the recommendations of the Local Traffic Committee (LTC) meeting held on 4 July 2023.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley LTC meeting held on 4 July 2023, as outlined below:

Bega Valley Rally - 28 – 29 October 2023

1. That, subject to conditions, Upper Cobargo Road be temporarily closed between 12.00pm and 6.00pm on Saturday, 28 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

2. That, subject to conditions, Coopers Gully Road be temporarily closed between 12.30pm and 6.00pm on Saturday, 28 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

3. That, subject to conditions, Spring Creek Road be temporarily closed between 1.00pm and 6.30pm on Saturday, 28 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

4. That, subject to conditions, Walls Flat & Wents Road be temporarily closed between 2.00pm and 8.00pm on Saturday, 28 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

5. That, subject to conditions, Niagra Lane / Comans Lane be temporarily closed between 2.30pm and 8.30pm on Saturday, 28 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

6. That, subject to conditions, Snake Track be temporarily closed between 8.00am and 2.00pm on Sunday, 29 October 2023 for the duration of a competitive stage of the Bega Valley Rally.

7. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW accreditation.

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

9. That one month prior to the event date, all affected residents will be notified by letter drop advising them of the proposed changes to traffic movements. The letter must provide the residents with contact details of the event organisers.

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

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

12. That organisers obtain approval from the Commissioner of NSW Police or their delegate, under Section 115 of the Road Transport Act 2013, prior to conducting the event.

13. That signage be displayed advising of Road Closures.

ReBoot in Bermagui – 30 September – 1 October 2023

1. That the proposed arrangements involving sections of road reserves in Tilba Road, South Tilba Road, Wallaga Lake Road, Keating Drive, Narira Street, Wapengo Street, Lamont Street, Bermagui for the ReBoot in Bermagui fun run on Saturday, 30 September 2023 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

2. That the proposed arrangements involving road crossings at the intersections of Keating Drive/Wallaga Lake Road, Narira Street/Wallaga Lake Road, Wapengo Street/Wallaga Lake Road, Lamont Street/Bermagui Fishermans Wharf access road, Lamont Street/Lions Park car park access, Lamont Street/ Dickinson Park access roads, Bermagui for the ReBoot in Bermagui Fun Runs on Saturday, 30 September 2023 be supervised by qualified Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do not impact on traffic flow.

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

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

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

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

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

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

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

The representative on the Local Traffic Committee has raised concerns regarding the proposed Peloton style community group social bike ride from Bermagui’s Dickinson Park to the Cobargo Showground and back, proposed for Sunday 1 October.

After consideration, members of the BVLTC agreed on the event being able to go ahead. Police and TfNSW have some concerns regarding the road environment, topography and traffic flow for the proposed Bermagui to Cobargo route, but this being said, Police do not object to the proposition of the event being held.

ReBoot in Bermagui have taken this information from last years’ event and have arranged for Platinum Traffic Services to operate, under their control of a lead and rear escort for this event. It is therefore recommended that the event is approved under the following conditions:

1. That the proposed arrangements involving sections of road reserves in Wallaga Lake Road and Cobargo Bermagui Road for the ReBoot in Bermagui bicycle ride on Sunday, 1 October 2023 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

2. As advised by the Event Organiser’s, due to the expected low number of competitors, the event is limited to a maximum of 30 riders.

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

4. There are to be two escort vehicles, and two support vehicles. In the position of escort vehicle, support vehicle, Peloton, escort vehicle, support vehicle. All support vehicles need to be readily identifiable. The rear support vehicle is to collect stragglers or injured riders, along with their bicycles and remain with the event distant from the rear escort vehicle and alerting approaching vehicles of the event ahead.

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

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

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

8. As Cobargo Bermagui Road is an incident detour route, if traffic on the Princes Highway is required to be detoured, then the event shall be cancelled immediately.

Eden Whale Festival – 14 – 15 October 2023

1. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street between 9.00am and 10.00am on Saturday, 14 October 2023 for the Eden Whale Festival Street Parade.

2. That, subject to conditions, Imlay and Bass Street, Eden be temporarily closed between the intersections of Imlay Street and Calle Calle Street from 10.00am on Saturday, 14 October 2023 for the Eden Whale Festival Street Parade.

3. That, subject to conditions, Hosies Road, Eden between the intersections of Bass Street and Aslings Beach Road and Aslings Beach Road, Eden between the intersections of Hosies Road and Mitchell Street, be temporarily closed between from 10.30am on Saturday, 14 October 2023 for the Eden Whale Festival Street Parade.

4. That, subject to conditions, Aslings Beach Road, Eden be temporarily closed between the intersections of Mitchell Street and Barclay Street from 10.45am on Saturday, 14 October 2023 for the Eden Whale Festival Street Parade.

5. That, subject to conditions, Barclay Street, Eden be temporarily closed between the intersections of Aslings Beach Road and Wave Street from 11.00am to 1:00pm on Saturday, 14 October 2023 for the Eden Whale Festival Street Parade.

6. That the proposed events be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

7. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate Safework NSW and Transport for NSW (TfNSW) Accreditation.

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

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

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

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

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

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

Executive Summary

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

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

Background

The following submissions for Council action were received at the meeting held 4 July 2023.

Bega Valley Rally - 28 – 29 October 2023

A submission has been received for the 2023 Bega Valley Rally, to be held on Saturday, 28 October and Sunday, 29 October 2023. The rally is mainly conducted on NSW Eden Forestry Corporation roads, with the use of seven Bega Valley Shire roads, being Upper Cobargo Road, Coopers Gully Road, Walls Flat Road, Wents Road, Niagara Lane, Comans Lane and The Snake Track.

ReBoot in Bermagui – 30 September – 1 October 2023

An application for the annual ReBoot in Bermagui event has been received for Saturday, 30 September and Sunday, 1 October 2023.

The event incorporates different activities on the Saturday morning, including fun run at 8.00am on Saturday from Camel Rock to Dickinson Park, from Dickinson Park to Wapengo Street and return; kids run from Dickinson Park to Bermagui Bridge and return. All fun runs finish in Dickinson Park beside the fenced playground opposite the Bermagui Beach Hotel. No road closures are required for this event.

Two main events on Sunday morning are the community social bike ride at 7.00am from Dickinson Park to Cobargo Showground and return under escort by Platinum Traffic Services and the ocean swim at Horseshoe Bay Beach where safety will be provided by the local Bermagui Surf Lifesaving Club and Bermagui Marine Rescue.

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

Eden Whale Festival – 14 – 15 October 2023

The annual Eden Whale Festival will be held on the weekend of 14-15 October 2023.

A submission has been received for a rolling Street Parade which will be held from 9:00am to 11:00am on Saturday, 14 October 2023 followed by music, entertainment, food stalls, information stalls and amusements. Eden Whale Festival event organisers wish to have the Street Parade as a rolling parade, starting from Imlay Street and ending at Barclay Street Sport Complex. The Street Parade will consist of walkers in the first wave, followed by approximately 100 vehicles such as Fire Trucks and Hot Rods. This is a rolling street parade, and all road closures will be reopened once the parade has passed through. The final assembly point at the front of the Sports Field on Barclay Street, Eden.

Council received an email on 5 July 2023 stating “We have decided against the road closure for the Sunday. Rodders' Club will be advised that there is no organised event as such for the Sunday. As discussed on the phone, if the Club makes arrangements to meet for breakfast and/or lunch before leaving town, they will be advised of parking available behind Australasia and Great Southern “

Options

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

2. Reject the recommendations provided by Council officers and resolve accordingly.

3. Resolve on alternate or modified options raised by Councillors.

Community and Stakeholder Engagement

Engagement undertaken

There was no community engagement undertaken in relation to this report.

Engagement planned

The above event organisers have advised they will notify all stakeholders approximately one month prior to the events taking place.

Financial and Resource Considerations

There are no additional financial and resource considerations associated with this reportLegal /Policy

There are no legal/policy to refer to in this report

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendations are in line with our road and reserve management policies. The inherent risks associated with the events are mitigated by adherence to the agreed Transport Guidance Schemes and the stipulations made by the LTC.

Environment and Climate Change

There are minor environmental impacts as a result of event waste management and no climate change implications associated with this report.

Economic

There are a number of positive economic implications associated with this report through increased local consumption of goods and services from increased visitation.

Risk

There are no additional risks associated with this report

Social / Cultural

There are no additional social/cultural considerations associated with this report.

Attachments

1 ⇩. Bega Valley Rally 2023

2 ⇩. ReBoot Bermagui 2023

3 ⇩. Eden Whale Festival 2023

Council 26 July 2023

Item 9.5

9.5. Request For Tender (RFT) 2223-095 Bermagui Library Renovations

This report details the outcome of the evaluation of tenders received in response to Request for Tender (RFT) 2223-095 Bermagui Library Renovations.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from <insert>in relation to contract for the works described in tender RFT 2223-095, 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 2223-095 Bermagui Library Renovations.  The renovations include two separate elements;

· improvements in the functionality of staff spaces and customer service desk, and

· the addition of a purpose built creative ‘makers’ space for the community.

The procurement process has been carried out in accordance with standard Council procedure. RFT 2223-095 was advertised on 02 June 2023 via VendorPanel marketplace. The request was released as an Open Tender. Tender submissions closed on 28 June 2023 with 2 submissions received from:  

· All Clear Group Pty Ltd

· Corporate Interior Projects Pty Ltd

An additional tenderer submitted 24 hours late and the evaluation panel decided by consensus to not consider the submission.

The results of the detailed evaluation of each tender submission are consolidated in the confidential memo attachment. The project is funded by the Local Roads and Community Infrastructure (LCRI) Grant, State Library Grant, and the library subsidy fund.

Background

The current service desk is unappealing and the visibility into the library is limited. To enhance the functionality of the space and improve people circulation in through the library, it is proposed to remove a large section of partitioning wall and relocate the service desk further inside the library. It is also proposed to construct a new glass fronted entrance to match the existing building fabric of the Visitor Information Centre.

It is proposed to convert a storage room at the rear of the building to a creative ‘makers’ space. This involves the removal of an internal wall and construction of a new wall to provide a room with a larger footprint. The room will be fitted out to serve as a purpose-built multifunctional ‘makers’ space and training room.

Local consultants Geoff Metzler & Associates and Gordon Building Design were engaged for the structural and architectural plans.

The Request for Tender (Construction) has been carried out in accordance with standard Council procedure. RFT 2223-095 was advertised on 02 June 2023 via VendorPanel marketplace. The request was released as an Open Tender. The tender closed on Wednesday 28th June 2023, and conforming submissions were received via VendorPanel from two tenderers.

Tenders were evaluated according to price (40%) and non-price (60%) criteria, further described in Table 1. The submissions were evaluated individually by 3 evaluation panel members, who then met to decide on a consensus.

Criteria	Weighting (%)
PROJECT VALUE
Overall project cost	35
Lump sum	5
PROJECT DELIVERY AND FUNCTIONALITY
Proposed construction arrangements, including site establishments and rates for variation	15
Construction program	7
Recognition of local outcomes, demonstration of support for local business and community enterprise	5
Support of Indigenous business development, provision of opportunities for Indigenous Australians to participate in the economy	3
PROJECT EXPERIENCE
Experience completing similar projects & references	15
Work health and safety, quality, and environmental management qualifications	5
Demonstrated capacity to undertake a project of this scale (qualified and experienced staff)	10

· Table 1

Options

1. That Council determine accept the recommended conforming tender outlined in the confidential attachment (preferred option)

2. That Council determine decline all submitted tenders

3. That Council determine to accept an alternative tender

Community and Stakeholder Engagement

Engagement undertaken

Consultation regarding the refurbishment was undertaken with all internal stakeholders associated with the Bermagui Library.

Library staff were regularly involved in design decisions and involved in the tender evaluation.

Engagement planned

Library staff will be responsible for all community engagement whilst the work is undertaken. This includes:

1. The community will be informed of library closure once the construction program is finalised, contract signed, and a purchase order has been raised.

2. Customer satisfaction survey following the completion and handover.

3. Media coverage showcasing the new creative space.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Total expenditure	$474,856
Project Budget including contractor costs (refer to confidential memo) project contingency, design and project management costs

Total Expenditure	$474,856

Source of Funds
Library Subsidy Fund	$162,513
Local Roads and Community Infrastructure Grant	$120,743
State Library Grant	$191,600
Total income available	$474,856

Total Project Capital Cost	$474,856
Total Available Construction Funding	$474,856
Project Funding Shortfall	$0

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Upgrade	$474,856
Annual maintenance and operational costs	$Nil
Depreciation costs	T.B.C
User charges (annual income)	$Nil

Legal /Policy

The tender process complied with the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with Bega Valley Shire Council Library Strategic Plan 2020-2025, strategic priorities:

· Inspiring spaces

· Lifelong learning and creativity

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.

Environment and Climate Change

Tenderers were required to submit an environmental management plan and a waste management plan to ensure they are conscious of ecological impacts for the construction phase. Economic

The renovation works will not have significant economic benefits or impacts. This is not a priority as the library is a not-for-profit community enrichment facility.

Risk

The community use of library services will be impacted due to library closure for the duration of construction. Library staff have planned to set up limited services, such as printing and scanning, in a separate space for community use.

Social / Cultural

The Bermagui community has been engaging in a range of STEM and creative activities. This proposal would adapt the existing space to provide a purpose-built creative facility for the community to gather and create, explore, discover and learn new skills with creative and emerging technology.

Attachments

1. Confidential Memorandum to Councillors RFT 2223-095 Bermagui Library Renovation (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 26 July 2023

Item 10.1

10.1. Audit, Risk and Improvement Committee Quarterly Report June 2023

The purpose of this report is to provide an update on the activities of the Audit, Risk and Improvement Committee (ARIC) and to present the quarterly report for June 2023 to Council.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) June 2023 quarterly report.

2. That Council receive and note the attached letter from the Audit, Risk and Improvement Committee (ARIC) documenting their assurance regarding the Special Rate Variation (SRV) application process undertaken by Council.

Executive Summary

The quarterly report provides an update on the activities of the Audit, Risk and Improvement Committee (ARIC) to support accountability and highlight issues or emerging risks identified by the ARIC that may influence the strategic direction of Council.

Background

Ongoing reporting by the ARIC to the governing body is a requirement of the draft Guidelines for Risk Management and Internal Audit Framework for Local Councils in NSW. Specifically, the ARIC must provide an update to the governing body of Council of its activities and opinions after every committee meeting. A copy of the June 2023 ARIC quarterly report is included as an attachment in this business paper for the information of Councillors.

Quarterly reporting to Council is essential for accountability to ensure issues or emerging risks identified by the ARIC that may influence the strategic direction of Council are considered.

Options

There are no options provided for this receive and note report.

Community and Stakeholder Engagement

ARIC is an independent advisory committee consisting of community volunteers that help our elected officials meet their responsibilities to oversee Council. In this sense ARIC is a form of consultation with independent members who conduct their service to Council in accordance with the requirements of the Local Government Act 1993 (NSW) (LG Act).

Engagement undertaken

ARIC meets at least four times a year, with one of these meetings to include review and endorsement of the annual audited financial reports and external audit opinion as well as review and endorsement of the annual Internal Audit Plan.

Engagement planned

The existing meeting arrangements will continue with the next ARIC meeting scheduled to be held on 12 September 2023.

Financial and Resource Considerations

The ARIC budget is modest, and this is achievable through the volunteering efforts of the ARIC committee. Due to financial pressures of Council, ARIC has put a hold on the externally resourced internal audit plan and has been concentrating on other related matters including progression of past audit recommendations, fraud and corruption action plan, and other improvement and risk management opportunities.

Legal /Policy

ARIC complies with the provisions of Part 4A of the LG Act in all its dealings.

A key component of ARIC’s mandate is to review compliance measures taken by Council. Specifically, ARIC aims to determine if appropriate mechanisms are in place for managing legal and compliance risks as part of risk assessment and management arrangements. This includes ensuring systems for monitoring compliance with relevant laws, regulations and associated government policies are effective.

Ongoing reporting by the ARIC to the governing body is a requirement of the draft Guidelines for Risk Management and Internal Audit Framework for Local Councils in NSW. Specifically, the ARIC must provide an update to the governing body of Council of its activities and opinions after every committee meeting. A copy of the March 2023 ARIC quarterly report is included as an attachment in this business paper for the information of Councillors.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2040: E.6 Council decision making seeks to optimise environmental, social and economic outcomes for our community, while mitigating financial, legal, environmental, reputational and safety risk

Delivery Program 2022-25: E6.1 - Deliver enterprise risk management and audit control programs

Operational Plan Activity: E6.1.1 Develop the Audit Risk and Improvement Committee annual assurance program and report to council

Environment and Climate Change

ARIC include environmental risks within its scope of monitoring Council undertakings as defined by the LG Act and ARIC Charter.

Economic

In accordance with the Charter, ARIC aims to provide input and feedback on the financial statements and performance audit coverage proposed by the external auditor, and feedback on the external audit services provided. This includes reviewing external plans and reports in respect of planned or completed external audits, and monitoring Council’s implementation of audit recommendations. Additionally, ARIC considers significant issues arising in relevant reports and better practice guides and seeks to ensure procedures are in place to ensure that Council’s financial statements comply with Australian accounting standards.

Oversight by ARIC helps drive a culture of fiscal prudence and risk awareness within Council which in turn has broader economic impacts within the community.

Risk

The LG Act requires all councils to appropriately manage its risks by having a structured risk management framework in place to identify any known and emerging risks they face and implement controls to manage these risks.

ARIC seeks to ensure effective risk management by providing governance oversight on Council’s risk management arrangements.

Social / Cultural

ARIC aims to drive a positive and efficient organisational culture by ensuring Council management has taken steps to embed a culture which is committed to achieving efficient and effective operations with ethical and lawful behaviour. By reviewing Council’s governance framework ARIC can examine how well Council is managed, directed and held accountable for achieving its goals in the best interests of the community.

Attachments

1 ⇩. Letter from Audit Risk and Improvement ARIC Chair Terry Bunn regarding 2023.01.30 ARIC Special Meeting on SRV application

2 ⇩. Audit Risk Improvement Committee ARIC Quarterly Report June 2023

Council 26 July 2023

Item 10.2

10.2. Proposed New Road Name - Miriwal Lane, Merimbula

Council has received an application to formally name the unnamed internal airport road whichservices the Merimbula Airport General Aviation (GA) Precinct.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council approve the proposal to name the road at Merimbula Airport, Miriwal Lane.

3. That Council advertise the proposed road name on its website, inviting submissions to the proposal.

4. That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

Executive Summary

Council has received an application to formally name the unnamed internal airport road associated within the Merimbula Airport General Aviation (GA) Precinct. In accordance with Council’s Road Naming Procedure 4.10.6, all new road naming proposals are to be reported to Council seeking approval to advertise the proposed use of the road name.

Background

Council officers have received a road naming application to formally name the internal airport road within the Merimbula Airport GA Precinct that serves as a one-way entrance from the southern end of Arthur Kaine Drive, Merimbula.

The applicant initially selected the proposed road name ‘Wirraway’ as a road name originating from an Aboriginal word. The proposal was directed to the Local Aboriginal Land Council’s Local Language Group to seek concurrence for its use and the name ‘Wirraway’ was found to be unfamiliar to local language and ‘Miriwal’ was suggested as an alternative.

The proposed road name Miriwal Lane complies with Council’s Road Naming Procedure 4.10.6 under Road Naming Criteria (a)(i) Local Aboriginal Heritage.

Suggested Name	Background
Miriwal	Aboriginal word, meaning ‘sky’. The word holds ties to a river joining Nullica within the Bega Valley and has relevance to aircraft as it is where they spend most of their time.

The NSW Geographical Names Board (GNB) has reviewed the name under their guidelines for the naming of roads and there is no objection to its use.

Options

The options available to Council are:

1. Proceed with the road name Miriwal Lane, Merimbula noting GNB have reviewed the proposed name, do not object to its use and that the name complies with Council’s Road Naming Procedure 4.10.6.

2. Request the applicant provide an alternate road name for the consideration of Council.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with the applicant, Eden Local Aboriginal Land Council, Twofold Aboriginal Corporation, the Local Language Group and GNB regarding the proposed road name of Miriwal Lane.

Engagement planned

If approved, the proposed road name of Miriwal Lane will be advertised on Council’s website, allowing a period of 14 days for submissions to be received. If any objections are received, a further report will be presented to Council.

Financial and Resource Considerations

Under Council’s Fees and Charges, the road naming application fee has been paid by the applicant which covers all costs associated with the road naming process. Council’s officer time will be required to complete the public notification process.

Legal /Policy

In accordance with Council’s Road Naming Procedure 4.10.6 the naming of the shire’s roads is pursuant to the provisions of Section 162 of the Roads Act 1993 (NSW) and the NSW Address Policy and User Manual adopted in October 2019.

In accordance with Division 1 clause 7 of the Roads Regulation (2018) which commenced on 1 September 2018, Council is now able to publish notice of a road naming proposal on the Council’s website rather than in a local newspaper.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Community Strategic Plan 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 road naming proposal aligns with Council’s Road Naming Procedure 4.10.6 and meets statutory obligations under the Roads Act.

Environment and Climate Change

There are no environment and climate change matters associated with the report.

Economic

There are no economic matters associated with the report.

Risk

The safety of all residents within the shire is considered a priority and having accurate and unique property addressing enables a quick response for emergency services, therefore the formal naming of this service road provides a suitable control to the risks associated with not being able to assign a formal address to leased sites within the GA Precinct.

Social / Cultural

The proposed road name and engagement with local First Nations representatives during this process demonstrates and recognises strong relationships that respects our diverse community.

Attachments

Nil

Council 26 July 2023

Item 10.3

10.3. Assignment of Licence - Bar Beach Kiosk

The licensee of Bar Beach Kiosk has formally advised they are selling their business and are requesting Council approval to assign the remaining licence term to the new owner.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council approves assignment of the licence for part of R63203 Lot 7022 DP 1124387 at Bar Beach, Merimbula from Bar Beach Kiosk Pty Ltd to Joshua Haskard.

3. That the applicant be responsible for the payment of all costs associated with the assignment of licence process.

4. That the Mayor and Chief Executive Officer be authorised to execute the necessary documentation to formalise the above course of action.

Executive Summary

Formal Council approval is required to assign the remaining licence term for part of R63203 Lot 7022 DP 1124387 at Bar Beach, Merimbula from Bar Beach Kiosk Pty Ltd to Joshua Haskard.

Joshua Haskard has advised he intends to run the business in a similar manner to the current licensee, maintaining the same location.

Background

Council officers carried out an open and transparent Expression of Interest (EOI) process seeking suitable tenants for the use and occupation of part Reserve 63203 at Bar Beach, Merimbula between 9 and 30 June 2021. Only one submission from the existing operator was received and Council approved a further 5-year licence to Bar Beach Kiosk Pty Ltd at its Ordinary Meeting of 4 August 2021. The existing licence does not expire until 30 September 2026.

Council officers were recently advised Bar Beach Kiosk Pty Ltd are selling their business and that the new business owner will be Joshua Haskard who intends to run the business in a similar manner to the current licensee. Mr Haskard has provided trade references, a statement of proof of capacity to meet the final obligations of the licence and copies of all legal documentation associated with the sale of the business. Council officers have reviewed the documentation and consider Joshua Haskard to be a suitable licensee.

Options

The options available to Council are:

1. Approve the assignment of the current licence to the proposed new business operator as recommended in this report. As the business is being sold, it is in the best interest of Council (as licensor) to assign the remaining term of the licence to the new business owners.

2. Provide approval for the current licensee to surrender the remainder of their licence term, with Council officers conducting a further public EOI process to locate a new tenant for the site or maintaining vacant possession. This option would require the existing tenant to vacate the site and may include removal of the kiosk structure. This option is not recommended.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with both the current licensee, proposed new owner and legal representatives regarding the assignment of licence. The parties will be advised of council’s decision following consideration of this report.

Engagement planned

Council officers will continue to consult with the licensee, new owner, and legal representatives to action the resolution of Council.

Financial and Resource Considerations

The current licence fee is $5,409.21 per year with an annual CPI increase due in October. The kiosk operator is currently required to pay for water access and usage charges, liquid trade waste removal and commercial waste management fees.

The applicant has paid the assignment fee as contained in Council’s Fees and Charges Schedule, currently set at $605 (including GST). This fee covers the cost of Council officer time to attend to this matter and ensure the documentation prepared by the assignor’s solicitor meets Council’s requirements.

The applicant will also be required to pay for all costs associated with this matter, including all legal costs to formalise the matter.

Legal /Policy

The licensed area is situated within Crown Reserve 63203 at Bar Beach, Merimbula. The use and management of the reserve must comply with the Crown Land Management Act 2016 (NSW) and the Local Government Act 1993.

In accordance with Council’s Management of Leases and Licences Procedure and to ensure the continued use and occupation of the reserve is appropriate for the proposed tenure, the following items have been considered:

· Compliance with the legislation, related policies and guidelines.

· Compatibility with the Reserve purpose of Public Recreation.

· Native title rights.

· Aboriginal land claims.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Operational Plan Activity - E5.5.1 Evaluate current and future operational needs and develop creative property strategies, responses, and solutions that enable Council to deliver its property and facility services to the community.

Environment and Climate Change

The licence specifies provisions to ensure adequate collection of waste from the premises and compliance with environmental laws which guide sustainable business practices.

Economic

The proposed transfer of licence will ensure a level of economic activity is maintained that benefits both Council and the community.

Merimbula’s economy includes a large tourism sector. Failing to have key assets such as the Bar Beach Kiosk available to tourists for visitation in peak tourist time detracts from the overall visitor experience. It is imperative this is considered in any new licence issued for the building.

Risk

There are no adverse risks in allowing the Reserve to be occupied so long as the use is authorised by way of a formal tenure arrangement which contains the appropriate indemnity and insurance clauses.

Council officers will be required to undertake a Native Title assessment and send notification to NTS Corp regarding a proposed new licence as it may affect Native Title interests in the Reserve.

Social / Cultural

The Bar Beach Kiosk has a very good reputation amongst the local community and with visiting tourists. For this reason, as well as the potential for maintaining and creating local jobs, the continued operation of the kiosk is vital.

Attachments

Nil

Council 26 July 2023

Item 10.4

10.4. Certificate of Investment June 2023

This report details Council’s cash and investments at the end of June 2023.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 30 June 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 30 June 2023 the total capital value of cash and investments was $111,413,124.88 with 93% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts.

The value of outstanding government grant debtors on 30 June 2023 is $305,113.02 with $190,179.02 aged 4+ months. Council continues to work with our funding partners to reduce these debts.

During late June 2023 Council received $8,860,461.00 which was an advance payment of the Financial Assistance Grant for financial year 2023-24. These funds were expected to be received in financial year 2024 and were included in the FY2024 budget. This pre-payment will now have a positive effect our operating results for FY2023.

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 30 June 2023 is detailed below:

Issuer	Rating	Type	Purchase	Maturity	Rate (%)	Capital Value ($)
Commonwealth Bank (Operating cash account)	AA-	CASH	-	-	-	782,579.88
Commonwealth Bank (At call cash account)	AA-	CASH	-	-	-	7,000,000.00
NSW Treasury Corporation (Strategic cash fund)	AA-	CASH	-	-	-	*130,545.00
NAB	AA-	TD	09/02/2023	10/07/2023	4.30	2,500,000.00
Suncorp	A+	TD	31/03/2023	31/07/2023	4.44	3,000,000.00
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
Bank of Queensland	BBB+	TD	31/03/2023	31/10/2023	4.62	3,000,000.00
NAB	AA-	TD	24/02/2023	24/11/2023	4.77	3,000,000.00
Suncorp	A+	TD	28/06/2023	28/11/2023	5.40	3,000,000.00
NAB	AA-	TD	09/02/2023	11/12/2023	4.60	5,000,000.00
NAB	AA-	TD	10/02/2022	14/12/2023	1.43	5,000,000.00
NAB	AA-	TD	17/01/2022	17/01/2024	1.25	2,500,000.00
Suncorp	A+	TD	28/06/2023	29/01/2024	5.50	3,000,000.00
NAB	AA-	TD	28/02/2023	29/01/2024	4.92	2,000,000.00
Westpac	AA-	TD	08/02/2022	08/02/2024	1.59	10,000,000.00
Westpac	AA-	TD	09/02/2023	11/03/2024	4.75	5,000,000.00
P&N Bank	BBB	TD	15/12/2022	15/04/2024	4.60	5,000,000.00
BankVic	BBB+	TD	26/04/2023	26/04/2024	4.75	2,000,000.00
Commonwealth Bank	AA-	TD	10/02/2022	16/05/2024	1.65	5,000,000.00
Australia Unity Bank	BBB+	TD	05/06/2023	05/06/2024	5.11	3,000,000.00
NAB	AA-	TD	24/02/2023	24/06/2024	5.00	2,500,000.00
NAB	AA-	TD	28/02/2023	29/07/2024	4.98	2,000,000.00
Commonwealth Bank	AA-	TD	10/02/2022	15/08/2024	1.75	5,000,000.00
NAB	AA-	TD	28/06/2023	24/09/2024	5.47	2,000,000.00
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
Australian Military Bank	BBB+	TD	31/03/2023	16/04/2025	4.50	3,000,000.00
BankVic	BBB+	TD	28/06/2023	17/06/2025	5.65	2,000,000.00
Westpac	AA-	TD	29/06/2023	25/11/2025	5.10	2,000,000.00
Total Cash and Investments						$111,413,124.88

Interest earned for June 2023	$271,864
Financial year to date interest earned	$2,155,406
Budgeted interest for 2022/2023 financial year – March QBRS	$1,700,000
Percentage of the 2022/2023 budget earned by council	127%

Council’s investment portfolio is largely directed towards term deposits (93%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (7%).

The investments held by Council remain sufficiently liquid with 75% of investments maturing within the next 12 months.

For the month of June, the investments (excluding cash) provided a return of 3.63% p.a. marginally underperforming the RBA cash rate return. This ‘underperformance’ has been due to the aggressive rate hikes undertaken by the RBA. Whilst this slight ‘underperformance’ may continue in the short-term, we do anticipate this to be temporary given the relatively high level of turnover.

As at the end of June 2023 the investment portfolio had a weighted average duration of 289 days.

Council utilises 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 provide 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	April 2023	May-2023	June-2023
General Fund	44,975	40,964	39,123
Water Fund	24,749	24,729	25,737
Sewer Fund	45,698	45,668	46,553
TOTAL	115,422	111,361	111,413

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.

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, LG Regulations and 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.

At 30 June 2023, all cash and investments held by Council are within the policy limits.

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	26 July 2023
*Item 6.1 - Attachment 1*	2023 National General Assembly of Local Government Communique

Council	26 July 2023
*Item 6.2 - Attachment 1*	Schedule of Minister's for the June 2023 CRJO Board meeting

Council	26 July 2023
*Item 6.2 - Attachment 2*	CRJO Letter to The Hon. Ron Hoenig MP

Council	26 July 2023
*Item 6.2 - Attachment 3*	CRJO Letter to The Hon. Rose Jackson MLC

Council	26 July 2023
*Item 6.2 - Attachment 4*	CRJO Letter to The Hon. Tara Moriarty MLC

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	26 July 2023
*Item 6.2 - Attachment 5*	CRJO Letter to The Hon. Jihad Dib MP

Council	26 July 2023
*Item 6.2 - Attachment 6*	CRJO Letter to The Hon. Stephen Kamper MP

Council	26 July 2023
*Item 6.2 - Attachment 7*	CRJO Letter to The Hon. Jenny Aitchison MP

Council	26 July 2023
*Item 6.2 - Attachment 8*	CRJO Letter to The Hon. Ryan Park MP

Council	26 July 2023
*Item 6.2 - Attachment 9*	CRJO Letter to The Hon. Paul Scully MP

Council	26 July 2023
*Item 6.2 - Attachment 10*	CRJO Letter to The Hon. Chris Minns MP

Council	26 July 2023
*Item 6.2 - Attachment 11*	CRJO Letter to The Hon. Penny Sharpe MLC

Council	26 July 2023
*Item 6.2 - Attachment 12*	CRJO Letter to Hon. Tim Crakanthorp MP

Council	26 July 2023
*Item 8.1 - Attachment 1*	Draft Policy Trees and vegetation in urban areas on Council managed public land (as amended)

Council	26 July 2023
*Item 8.1 - Attachment 2*	Draft Procedure Nature Strip Planting Guideline (as amended)

Council	26 July 2023
*Item 8.1 - Attachment 3*	Summary of Submissions

Council	26 July 2023
*Item 8.2 - Attachment 1*	Draft Conditions of Consent

Council	26 July 2023
*Item 8.2 - Attachment 2*	Section 4.15 Assessment Report

Council	26 July 2023
*Item 8.2 - Attachment 3*	Development Plans

Council	26 July 2023
*Item 8.2 - Attachment 4*	Clause 4.6 Variation Request

Council	26 July 2023
*Item 8.2 - Attachment 5*	Heritage Impact Statement and Addendum

Council	26 July 2023
*Item 8.2 - Attachment 6*	Summary of Submissions

Council	26 July 2023
*Item 8.3 - Attachment 1*	Cemetery Advisory Committee meeting minutes 16 February 2023

Council	26 July 2023
*Item 8.3 - Attachment 2*	Montreal Goldfield Commitee meeting minutes 17 February 2023

Council	26 July 2023
*Item 8.3 - Attachment 3*	General Community Hall Committee meeting minutes 21 February 2023

Council	26 July 2023
*Item 8.4 - Attachment 1*	Draft MoU Bega Valley Shire Council and Animal Welfare League

Council	26 July 2023
*Item 9.1 - Attachment 1*	Sportsground Facility Management Plan Draft 2023

Council	26 July 2023
*Item 9.4 - Attachment 1*	Bega Valley Rally 2023

Council	26 July 2023
*Item 9.4 - Attachment 2*	ReBoot Bermagui 2023

Council	26 July 2023
*Item 9.4 - Attachment 3*	Eden Whale Festival 2023

Council	26 July 2023
*Item 10.1 - Attachment 1*	Letter from Audit Risk and Improvement ARIC Chair Terry Bunn regarding 2023.01.30 ARIC Special Meeting on SRV application

Council	26 July 2023
*Item 10.1 - Attachment 2*	Audit Risk Improvement Committee ARIC Quarterly Report June 2023