Agenda of Council - Wednesday, 21 February 2024

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 21 February 2024

Item 8.1

8.1. Affordable Housing Strategy implementation progress report

This report provides an update on implementation of the Affordable Housing Strategy from 1 July 2023 to 31 December 2023.

Chief Executive Officer

Officer’s Recommendation

1. That Council note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 July 2023 to 31 December 2023.

2. That Council note the recommendation of the Affordable Housing Implementation Group regarding short term rental accommodation and resolve to continue with the strategies and timeframes in the adopted Affordable Housing Strategy.

Executive Summary

This report provides an update on progress against the Bega Valley Affordable Housing Strategy for the period 1 July 2023 to 31 December 2023.

At the 11 December 2023 Affordable Housing Implementation Group (AHIG) meeting, the AHIG resolved to recommend to Council that:

Council prioritise and allocate adequate resources to investigate the options available to local government to reduce the amount of residential accommodation being offered as Short Term Rental Accommodation (STRA) in the shire and subsequently increase the amount of permanent rental accommodation.

This investigation is to include options such as a local government special rate applied to STRA, a business rate being applied to STRA properties rather than a residential rate, including a land use definition for short term rental accommodation which can then be applied to specific new developments, Council approval required for the use of a residential property as short term rental accommodation, adoption of a short term rental accommodation register operated by the Council, advocate for a NSW Levy/bed tax on revenue collected by STRA providers (e.g. adopted in Victoria from 2025) which funds social and affordable housing in the shire.

Staff have reviewed this recommendation and recommend that the existing actions and priority in the Affordable Housing Strategy relating to STRA remain unchanged. The rationale for this and the impacts if the recommendation were endorsed by Council is included throughout this report.

Background

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

At the 21 September 2022 Council meeting, Council resolved to request 6 monthly reporting rather than annual. This is the third 6 monthly report, including progress from 1 July 2023 to 30 December 2023.

Reports have been provided to Council as follows:

- Report 1 (May 2022 to 31 December 2022): 15 February 2023 (Item 8.4 at https://begavalley.infocouncil.biz/Open/2023/02/OC_15022023_AGN_851_AT_WEB.htm)

- Report 2 (1 January 2023 to 30 June 2023): 23 August 2023 (Item 8.5 at https://begavalley.infocouncil.biz/Open/2023/08/OC_23082023_AGN_857_AT_WEB.htm)

A report on advocacy was also provided to Council on 23 August 2023 (Item 8.4 at https://begavalley.infocouncil.biz/Open/2023/08/OC_23082023_AGN_857_AT_WEB.htm).

Key progress from 1 July to 31 December 2023

A full list of progress against each strategy is at Attachment A, with the updates from 1 July 2023 to 30 December 2023 shown in bold font.

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

· Announcement from the NSW Government that the old Bega TAFE site will be redeveloped by LAHC for housing, including 30% social and affordable housing.

· Southern Cross Housing DA submitted for a 60+ dwelling development in Bega, including seniors housing. This includes Council’s investment from the sale of Narira Village in Cobargo.

· Internal process developed and implemented to ensure DAs submitted by accredited community housing providers or government agencies for the purposes of social or affordable housing are prioritised.

· Draft Bega and Wolumla Structure Plans were exhibited and over 500 responses received from the community, including eighty per cent of respondents supporting more housing supply as a priority for the shire. Respondents also supported the need for more diverse housing types, especially dual occupancies (or duplexes), units, apartments, townhouses and villas.

· Review of zoning around town centres commenced.

· DCJ has established the South Coast Homelessness Collaboration Leadership Group to foster a collaborative partnership approach to improve outcomes for people experiencing homelessness in the Eurobodalla and Bega Valley. BVSC is a member of this group.

Key advocacy during this reporting period includes:

· Council submission on the Australian Government's National Housing and Homelessness Plan Issues Paper submitted 17 October 2023

· Meeting with Kristy McBain, Southern Cross Housing and Council (18 August 2023) regarding broad affordable housing issues, NIFC and Housing Fund, underutilised sites, Crown land

· Meeting with Minister Jackson, Mayor and CEO held 26 October 2023; social and crisis housing raised as key issues that need urgent state government investment

· Motions from Bega Valley Shire Council about affordable housing, STRA, funding for homelessness services, improved public housing and funding for planning and strategy development submitted to LGNSW annual conference 2023 (held in November)

· Follow up advocacy with LGNSW following Minister Scully’s response that the government will 'shortly begin a review of the STRA planning policy framework' to advocate to bring this forward as a matter of urgency

· Meeting with LAHC regarding their modular dwelling pilot held 7 November 2023; CEO advocated for Bega Valley to be included in the pilot

· Council submission on the state government’s review of the caravan parks, camping grounds, manufactured home estates and moveable dwellings legislation was submitted 15 December 2023; Council staff also participated in broader consultation with other councils that contributed to LGNSW's submission on the same paper

· Meetings with Director Community, Environment and Planning, Department of Planning and Environment, and Department of Customer Service (Building Regulation) held regarding moveable dwellings and potential changes to the Local Government Regulation

KPI progress

A number of KPIs were adopted as part of the Affordable Housing Strategy. Staff have subsequently found that data is not available for many of the KPIs. Research is underway on alternative KPIs that relate directly to the aims of the strategy.

KPI	Progress from 1 January 2023 to 30 June 2023	Comments
1. Number of affordable rental dwellings for very low and low income households created as a result of partnerships between Council and Community Housing Providers and/or the private sector	0	No new partnerships created, however Southern Cross Housing (SCH) has lodged a DA for 60+ affordable dwellings in Bega which includes the reinvestment Council made following the sale of Narira Village in Cobargo to SCH
ii. Net change (loss/gain) in Social (Public and Community) Housing	SCH: No net change, although numbers may vary slightly from time to time depending on leasehold availability (quota remains the same) DCJ: updated data not available	Southern Cross Housing has lodged a DA for a site in Bega to provide 60+ social and affordable dwellings
iii. Number of affordable rental dwellings for very low and low income households created through other agencies or mechanisms, including DCJ – Housing and local Community Housing Provider	Current SCH stock as at 31/7/23: - Social capital: 39 - Affordable: 1 - Social leasehold: 37 - Social owned: 11 - Social crisis: 10 DCJ: updated data not available	Social owned includes 1 block of land on Rawlinson St with proposed DA. Leasehold numbers will vary from time to time depending on turnover of properties and Leasehold Quota.
iv. Number of affordable housing dwellings for very low and low income renters and low income purchasers provided through the market	-	Data not readily available
v. Increase in supply of lower cost housing types/products created through the market	-	Data not readily available
vi. Reduction in local homelessness, including appropriate accommodation of people living temporarily with others, or living in inappropriate, unsafe or severely over-crowded accommodation	-	Data not readily available
vii. Reduction in the proportion of very low and low income households in housing stress	-	Data not readily available
viii. Retention of diverse income, age and employment groups in the LGA	-	Data not readily available

STRA

Staff have reviewed the recommendation of the AHIG to prioritise STRA work in the context of the Affordable Housing Strategy and broader strategic planning priorities. The Affordable Housing Strategy (AHS) contains 27 strategies and 62 actions for implementation. These actions have short, medium and long-term timeframes as prioritised by Council on adoption of the strategy. Council officers are working to deliver the adopted strategies and actions in accordance with this prioritisation and subject to available budget being available.

The AHS includes 4 strategies directly relating to STRA (strategies 13-16):

- Strategy 13 is a short-term action and has commenced.

- Implementation of the 3 medium term actions (strategies 14-16) is due between May 2024 and May 2026, although is it noted that some work towards Strategy 15 has already commenced.

Strategy 13 (short term)
Council will implement Recommendation 5.2 from the Regional Housing Taskforce Recommendations report in relation to short term rental accommodation. [Recommendation 5.2: ‘Reviewing the short- and longer-term impacts on regional housing outcomes of recent and planned reforms, such as the Housing SEPP, Design and Place SEPP, infrastructure contributions reform and the regulation of Short Term Rental Accommodation.’]

Staff comment: Since 1 November 2021, with gazettal of a state-wide policy for STRA, STRA has been regulated in NSW by the NSW Government. Presently, there are very limited opportunities for councils to seek to change how STRA is regulated in their areas. Council officers are closely monitoring changes in the regulation of STRA and continue to look for reforms that may be relevant to the Bega Valley Shire. To date, no significant opportunities have been identified.

Strategy 14 (medium term)
In the medium-term (once the significant local impacts of COVID have ceased), Council will undertake a socio-economic impact assessment of the impacts of STRA in the Bega Valley Shire, with the purpose of reviewing whether it is appropriate to limit or restrict STRA in certain locations, and request inclusion in the Housing SEPP 2021 as a ‘prescribed area’. Consideration could also be given to gaining approval for a shorter time, such as 90 days in a 365 day period.

Staff comment: This action has not commenced and will be included in future works programs.

Strategy 15 (medium term)

Council will consider opportunities for rate rebates and waiving of other relevant fees and charges for permanent rental accommodation to encourage long-term rental accommodation.

Staff comment: Advocacy through LGNSW annual conference 2023 included request for state government to provide information to councils on levers to incentivise longer term rentals, as well as the development of a pathway for STRA providers to pay rates or levies to create parity with other business holiday accommodation and further incentivise longer term rentals. Minister Scully's response stated that the state government will shortly begin a review of the STRA planning policy framework to balance the benefits of STRA to local tourism and the economy with the availability of rental housing.

Strategy 16 (medium term)

Council will consider opportunities for conditions of consent on secondary dwellings to constrain use of these dwellings as STRA.

Staff comment: This action has not commenced and will be included in future works programs.

Staff response

The new recommendation from the AHIG seeks to introduce new tasks for Council officers to implement and prioritise.

Council officers do not support the AHIG’s proposed recommendation for the following reasons:

1. The recommendation from the AHIG to investigate options to reduce the amount of residential accommodation being offered as STRA does not align with Strategy 14 of the adopted Affordable Housing Strategy which requires investigations to first determine whether it is appropriate to limit or restrict STRA in any areas of the shire. Without having undertaken this work (in the form of a socio-economic impact assessment), it is not possible for Council to know what impact STRA is having on the provision of long-term rental stock, and therefore whether policy change is required, and if so, what types of policy changes are appropriate and likely to be effective.

2. The proposed new tasks do not align with the NSW legislative frameworks for land use planning and levying of rates and charges, and it is not advisable (and in some cases not possible) to implement these tasks without the NSW Government first amending its legislation.

3. The NSW Government is under substantial pressure to bring forward the STRA policy review. Additionally, multiple councils (including Bega Valley Shire) are lobbying the NSW Government to develop a model and pathway for councils to collect rates or levies on STRA providers to create parity with other hotel and motel accommodation providers and further incentivise longer term tenancies rather than STRA. In response to these requests, Minister Scully, Minister for Planning and Public Spaces, advised Local Government NSW (LGNSW) in October 2023 that the NSW Government would shortly begin a review of the STRA planning policy framework, and would be working closely with councils and the community to ensure the framework properly balances the benefits of STRA to local tourism and the economy with the availability of rental housing. Correspondence from LGNSW’s Director of Advocacy in December 2023 reveals that LGNSW is advocating strongly for the Minister to prioritise this review, and that commencement of the review is likely imminent. Council officers will seek to be involved in the review in whatever capacity we can.

4. Strategies 14-16 in the AHS are identified as medium-term strategies, which reflects the anticipated timeframe of the completion of the NSW Government’s STRA policy review.

5. It is essential that amendments to the STRA framework proceed at the state level in the first instance to ensure that suitable legislative and compliance frameworks are in place to enforce any subsequent policy changes.

6. Prioritisation of the implementation of Strategy 14 over other strategic planning actions is currently not in the best interests of Council due to the high cost of producing the studies required to implement any amendments to the local planning scheme, the uncertainty of whether the NSW Government will support any proposed changes and lack of evidence of the effectiveness of any such measures to increase the amount of long-term rental properties available.

7. Council’s Strategic Planning team is not currently resourced to take on any additional projects without stopping work on existing priority projects which include: implementation of the Affordable Housing Strategy including development of an Affordable Housing Contributions Policy, development of Urban Renewal Plans for Bega, Eden and Merimbula, comprehensive review of Bega Valley Development Control Plan (DCP), finalisation of Bega and Wolumla Structure Plans, finalisation of the Housing Diversity Planning Proposal, and exhibition and consultation of Council’s flood planning policy and DCP. Priority and progression of these projects is likely to result in the provision of affordable housing contributions, a reduction in the assessment times for residential development applications, increased land supply and the sustainable provision of infrastructure, increased infill development and increased density in suitable locations.

Council officers recommend that further implementation of the existing STRA strategies in the AHS be considered by Council in the context of the Operational Plan and Budget for FY2024/25, but not be committed to until completion of the NSW STRA Policy Review. In the meantime, Council will continue to advocate to the NSW Government to prioritise and commence the STRA policy review.

Options

It is recommended that Council note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 July 2023 to 30 December 2023.

In relation to the recommendation of the AHIG to introduce new STRA related actions and prioritise this work, Council can resolve to note the recommendation and continue with the strategies and timeframes in the adopted Affordable Housing Strategy. This is the recommended option.

Alternatively, Council could resolve to accept the recommendation of the AHIG and identify which other AHS actions or broader strategic planning work should be postponed to enable this, noting there would be knock on consequences for delivery of the AHS and the Operational Plan 2023-24 and future years.

Community and Stakeholder Engagement

Engagement undertaken

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

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

The AHIG has met in October 2022, December 2022, March 2023, June 2023, September 2023 and December 2023.

Engagement planned

The AHIG meets quarterly, the next meeting is scheduled for March 2024. Sub-groups meet as required to progress relevant actions.

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

Financial and Resource Considerations

There are minimal new financial or resource considerations based on the recommendations of this report, however it is important to note that some actions in the Affordable Housing Strategy will require specialist consultants which are not currently budgeted for. This will be reviewed annually during the Operational Plan and Budget process.

Additionally, if Council resolves to support the recommendation of the AHIG, a number of existing projects will need to be stopped or postponed to enable staff to undertake the new work. This will have flow on effects as described in the ‘background’ section of this report.

If Council resolve to support the recommendation of the AHIG it is likely that Council budget and resources will be used inefficiently or even wasted because the actions are premature and require NSW Government amendments to the frameworks for property rating and land use planning relating to STRA.Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

Environment and Climate Change

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

Economic

There are no new economic impacts associated with the recommendations of this report, however reprioritising existing work that is focused on increasing housing supply may have economic impacts for the shire over future years should scheduled work and budget for other land use planning projects be reprioritised.

Risk

Reprioritising work Council has already committed to may create a reputational risk for Council. Additionally, ceasing or slowing down existing work that is aimed at stimulating residential development may result in increased supply and affordability issues in future years.

Social / Cultural

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

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

Attachments

1 ⇩. Affordable Housing Strategy Implementation Plan

Council 21 February 2024

Item 8.2

8.2. Review of Procedure 4.05.06 Carparking Enforcement

Council has reviewed existing Procedure 4.05.06 Carparking Enforcement and is seeking Council approval to place the revised procedure on public exhibition.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Receive and endorse Attachment 1 of this report ‘DRAFT Procedure 4.05.06 Carparking Enforcement’ for public exhibition

2. Resolve to place the draft procedure on public exhibition for a minimum of 28-days with submissions open for 42 days

3. Note that a further report will be presented to Council if any significant changes are proposed following public exhibition, or if no significant changes are proposed, the exhibited procedure will be considered adopted and published on the Council website.

Executive Summary

Council has a regulatory obligation to enforce the laws relating to motor vehicle parking and to manage public safety and traffic flow in accordance with the relevant laws.

Procedure 4.05.06 Carparking Enforcement describes the standards for the operational duties, functions and responsibilities of Council staff involved in all regulatory services associated with motor vehicle parking in the Bega Valley Shire.

The aim of the procedure is to establish fair, impartial and equitable guidelines, in line with Council’s customer service charter, for the management of parking and unlawful parking in the shire.

Council’s certification and compliance team has reviewed the current procedure 4.05.06 Carparking Enforcement and is recommending a significant update to provide greater clarity and transparency in relation to how car parking enforcement is managed across the shire.

Background

At the 19 April 2023 Council meeting, Councillors resolved as follows (item 13.1):

1. That staff provide Councillors with the following Bega Valley Shire data from July 1, 2022:

a) The overall number of parking infringements issued and broken into category and location/town (e.g., Mobility Zone, Loading Zone, Exceed Time etc.)

b) The number of fines where a review was requested.

c) Breakdown of any withdrawn infringements or infringements overturned in court based on categories as referred to in part a above.

d) Any identifiable trends resulting in infringements being withdrawn or overturned

e) Any readily available information on the number of complaints received about parking enforcement

2. That Council review Council’s policies and procedures relative to parking enforcement in a Councillor workshop to ensure all policies are best practice and consistent with relevant laws, Council’s objectives and expectations of the community including transparency and accountability.

A Councillor workshop was held on 10 May 2023 which fulfilled part 1 of the resolution.

Staff then reviewed the procedure in detail, as well as feedback received from Councillor Porter, and presented the proposed new procedure to Councillors at a workshop on 24 January 2024.

In summary, the proposed changes to the procedure include additional information regarding:

· the actions officers can take (issuing a fine, education, cautions and warnings)

· how fines can be issued (electronic, hard copy, Australia Post)

· how to seek review of a parking fine (through Revenue NSW)

· the different types of surveillance used (foot patrols and vehicle patrols)

· when and how discretion will be used

· clearer references to the Code of Conduct and behaviour requirements for Authorised Officers

· clearer reference to body worn cameras

· new ‘standard operating procedures’ that detail how officers must carry out their parking duties.

The proposed new procedure is available at Attachment 1.

For comparison, the currently adopted procedure is available at Attachment 2.

A track changes version of the procedure has not been attached due to the significant number of changes.

Options

Council can resolve to place the proposed updated procedure on public exhibition and, if no significant changes are recommended, adopt the procedure without a further report to Council. This is the recommended option.

Alternatively, Council can resolve to continue with the current procedure or advise staff on additional content to be included. It is not recommended to continue with the current procedure as the proposed changes aim to provide greater clarity and transparency for the community.

Community and Stakeholder Engagement

Engagement undertaken

A Councillor workshop was held on 10 May 2023 to provide car parking data to Councillors as per the 19 April 2023 Council resolution (item 13.1).

Staff have subsequently reviewed the draft car parking enforcement procedure in detail, as well as feedback received from Councillor Porter.

A second Councillor workshop was held on 24 January 2024 to present the proposed new procedure to Councillors and discuss the recommended changes.

Engagement planned

Pending the Council resolution, the draft procedure will be placed on Council’s website and will be open for comment for 42 days. If any significant changes are proposed following public exhibition, a further report will be provided to Council. If no significant changes are proposed, the exhibited procedure will be considered adopted and published on Council’s website.

Financial and Resource Considerations

There are no new financial or resource implications as a result of this recommendations. Placing procedures on public exhibition is a regular part of Council business.

Legal /Policy

Relevant legislation includes:

· Fines Act 1996

· Privacy and Personal Information Protection Act 1998 NSW

· Evidence Act 1995

· Interpretation Act 1987

· Roads Act 1993

· Road Transport Act 2013

· Local Government Act 1993

The authorising policy for this supporting procedure is 4.05 Enforcement and Compliance.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of procedure 4.05.06 Carparking Enforcement aligns with the following elements of the Community Strategic Plan:

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

Strategy 15: Provide proactive programs and support organisations and services that respond to the safety needs of our community.

Environment and Climate Change

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

Economic

There are no economic implications associated with the recommendations of this report, however the enforcement of car parking restrictions in the shire’s towns and villages can provide a positive economic impact for businesses by ensuring adequate turnover of parking spaces. This improves access to shops by reducing the amount of time spent looking for parking, which therefore reduces traffic congestion and associated loss of productive time.

Risk

Parking compliance is part of the regular business of Council and does not introduce any new organisational risks.

Social / Cultural

Effective compliance management of regulated parking spaces within the Bega Valley Shire will improve traffic flow and shopper turn over in the major centres, resulting in increased visitors to the shopping districts especially during busy holiday times. This is likely to increase community and visitor satisfaction as the availability of parking spaces will be increased.

Attachments

1 ⇩. Proposed new procedure 4.05.06 Carparking Enforcement

2 ⇩. Currently adopted procedure 4.05.06 Carparking Enforcement

Council 21 February 2024

Item 8.3

8.3. Children's Services Service Review

This report details the outcomes of the independent review of Council’s Children’s Services and presents recommendations for Council's consideration.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Notes the Children’s Services Review by Insight Consulting Australia at Attachment 2.

2. Gives in principle support for the recommendations in the confidential memorandum at Attachment 1.

3. Delegates authority to the Chief Executive Officer to execute the necessary steps to implement Council’s resolution.

Executive Summary

Council undertakes regular reviews of its funded programs to ensure services are being delivered effectively, meet market need and ensure Council is well positioned to adapt to potential market and funding changes.

In 2022-23, Council agreed to undertake an independent review of Council’s Children’s Services to ascertain future service demand and service viability. Minima Solutions was engaged to undertake this review and the draft report received in late 2022.

In February 2023, Council resolved that staff should prepare a report on the consequences and steps involved should Council withdraw from providing children’s services and a consultant was engaged to undertake this work.

The scope of the review included the provision of independent advice on the steps and impacts should Council decide to withdraw from providing some or all its current Children’s Services (including but not limited to social and economic impacts) and to provide advice on any alternative governance models that could be implemented should Council continue to provide Children’s Services.

The review identified 5 options, as detailed in the confidential memo and review report at Attachments 1 and 2.

Background

Council currently operates three early childhood services:

· Eden Early Learning Centre (providing long day care and preschool programs)

· Bandara Children’s Services (long day care, preschool and after school care programs)

· Sapphire Mobile Preschool (operating from Bemboka and Candelo).

At the time of the review, together these services were licenced to provide 550 places of early childhood education to families per week. predominantly funded by the state and federal governments’ commitments to early education. Accompanying this are a range of grant funded programs such as the state funded Start Strong Pathways Preschool Liaison program and the Gujaga (Small Children) Journey Program which is funded under the federal government’s Indigenous Advancement Strategy.

BVSC has been the licensee (now known as Approved Provider) for all three services since their establishment, with each service originally overseen by a community management committee. To ensure effective management of the services and in response to increased regulatory requirements, Council assumed direct oversight of day-to-day operations of Eden Early Learning Centre and Bandara in 2007 and Eden Preschool and Sapphire Mobile Preschool in 2009.

In line with Council’s regular review process, an independent review on future demand and service viability of Council’s Children’s Services was undertaken by Minima Solutions in 2022. The scope of the Minima report included an analysis of population and demographic projections, the identification of current and emerging trends in the provision of early childhood education and care services, a market scan of current and emerging providers, identification of current and emerging risks, and facility/building requirements. A summary of the recommendations of the Minima Solutions review is included in the confidential memorandum at Attachment 1. The full Minima Solutions report is available at Attachment 3.

As this work was beyond the scope of the original review, a new RFQ process was initiated and Insight Consulting Australia (Insight) was engaged.

The objectives of this review were to:

· Determine and provide independent advice on the steps and impacts should Council decide to withdraw from providing some or all of its current Children’s Services (including but not limited to social and economic impacts)

· Provide advice on any alternative governance models that could be implemented should Council continue to provide Children’s Services.

To inform their analysis, Insight undertook a literature review on the current policy, funding, service provision and early childhood workforce environments. They reviewed key documents, including the Minima report, and other relevant BVSC reports, strategies, plans and reviews. They also undertook an analysis of quantitative data including financial data and modelling provided by Council officers, and undertook desktop research to understand the local market. Insight also engaged with senior staff and Councillors throughout the review process.

Options

The Children’s Services review identified 5 options, as detailed in the confidential memo and report at Attachments 1 and 2.

Community and Stakeholder Engagement

Engagement undertaken

The Children’s Services review was conducted from September 2023 to December 2023 and was informed by engagement with a range of internal and external stakeholders. This included:

· Interviews with Council staff including:

o staff involved in overseeing Council’s Children’s Services including Manager Community and Cultural Services, Coordinator Children’s Services, Nominated Supervisors and Brighter Futures team leader

o corporate support areas including Finance, People and Culture, Property and Legal Services, Communications and Engagement

o Director Community, Environment and Planning

o CEO

· Councillor workshop held on 8 November 2023.

Additional information was gathered through informal conversations over the phone, via email and in online meetings.

Council’s Director Community, Environment and Planning also met with Children’s Services staff to explain the findings of the review and potential options in January and February 2024.

Engagement planned

Further engagement may be required with staff, stakeholders and parents/families pending the Council resolution. More information is included in the confidential memo at Attachment 1.

Financial and Resource Considerations

The options associated with this report will have varied financial and resourcing implications. More information is included in the confidential memo at Attachment 1 and the final report at Attachment 2. Legal /Policy

Early childhood education operates in a highly regulated environment. The legislative framework includes:

· Children (Education and Care Services National Law Application) Act 2012 (Cth)

· Education and Care Services National Regulations 2011 (Cth)

· Children and Young Persons (Care and Protection) Act 1998, No 157 (NSW)

· Children and Young Persons (Care and Protection) Regulation 2012 (NSW)

· Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 (NSW)

The Australian Childhood Education and Care Quality Authority (ACECQA), an independent national body, has mandated responsibility to guide the implementation of the National Quality Framework (NQF) for ECEC services, and monitor and promote consistency in service delivery. Council has several agreements in place with state and federal departments for Children’s Services. Each agreement allows Council to withdraw from the agreement, in line with an agreed timeframe.

Council’s adopted policy 4.09 Families and Children encompass all processes implemented to effectively provide information and manage the delivery of Council operated family and child services and programs.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Children’s Services are provided in line with the following Community Strategic Plan (CSP) objectives and Delivery Plan actions.

· CSP Theme: We are a connected and vibrant community where people are happy, safe and well

· CSP Strategic objective: We are a resilient and caring community that supports the health and wellbeing of our residents

· CSP Strategy: A.5 Provide and advocate for accessible services and initiatives that contribute to wellbeing across all stages of life

· 2022-25 Delivery Plan Action: A.5.1 Deliver early childhood education through an approved curriculum to foster children’s learning, development and growth

Under Council’s Disability Inclusion Action Plan (DIAP) 2021-2025, Action 12f, a commitment is made that Council continue to seek funding for inclusion support at its mainstream Children’s Services centres with the aim of ensuring children with disability are included in mainstream service delivery.

Environment and Climate Change

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

Economic

The Children’s Services review notes that early childhood education and care is a vital input to the economy of the Bega Valley. Access to affordable, high quality early childhood education is critical to enabling workforce participation, attracting new families and workers to the shire, contributing to local economic development, and achieving the community’s main priorities and aspirations. Anecdotally, the Bega Valley is losing key workers from a range of industries due their inability to access childcare.

Early childhood education in the shire operates in a competitive market and is provided by a range of commercial, community based and not for profit organisations. Despite this, the review demonstrates unmet demand and a need to increase the capacity of services in the shire. While population projections indicate there will be a continued demand for these services, most providers are running at capacity with considerable waiting lists. If Council resolves to change the service mix provided by Council, this may have flow on effects to other providers in the local market.

Risk

The Children’s Services review sets out a range of risks to be considered by Council in determining its direction on these services. Advantages and disadvantages have been presented against each risk and considerations include both financial and non-financial factors. More information is included in the review report at Attachment 2.

Social / Cultural

Evidence clearly links participation in a quality early childhood education program in the two years before school with better outcomes for children. In recognition of this, policy and funding reform aims to support enrolment of at least 600 hours per year or 15 hours per week in the two years before starting primary school.

Research also shows that early childhood services benefit disadvantaged and vulnerable children the most – strengthening their social, emotional, physical and cognitive development. Early childhood plays an important role in reducing inequity and entrenched disadvantage, improving school readiness, providing pathways to improved education and development outcomes, and enhanced life trajectories.

The review analysis points to the diverse range of children who attend Council’s Children’s Services. These include children with complex support needs, children from families who are remote, Aboriginal and Torres Strait Islander families, and from a diverse range of family structures, socio-economic levels and backgrounds. The Australian Bureau of Statistics’ Socio-Economic Indexes for Areas (SEIFA) indicates a relatively high number of children with developmental vulnerabilities in the Bega Valley Shire in comparison to Regional New South Wales, New South Wales, and Australian indexes. Over a third of families who attend Council’s Children’s Services are considered low income.

More information on the social impacts of each of the five options is included in the confidential memo at Attachment 1 and the final report at Attachment 2.

Attachments

1 . Confidential Councillor memo Children's Services review (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 . Final report Insight Consulting BVSC Children's Services Review January 2024 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

3 . Minima Solutions Children's Services Review 2022 (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 21 February 2024

Item 8.4

8.4. Families, Ageing and Disability Service Review

This report details the outcomes of the independent review of Council’s Families, Ageing and Disability services and presents recommendations for Council's consideration.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Notes the Families, Ageing and Disability services review by Morrison Low at Attachment 2.

2. Gives in-principle support for the recommendations in the confidential memorandum at Attachment 1.

3. Delegates authority to the Chief Executive Officer to execute the necessary steps to implement Council’s resolution.

Executive Summary

In 2022-23, Council agreed to undertake an independent review of Council’s families, ageing and disability services as part of the Operational Plan and Budget. Due to significant delays in securing an appropriate consultant, and a subsequent Notice of Motion expanding the scope of the review, this work was delayed to the 2023-24 financial year. The outcome of the review is now being presented to Council for consideration.

The scope of the review included ascertaining future service demand and service viability; understanding whether there is potential for a change in service mix and/or the addition of other service types which could be complementary and viable; understanding current and future risks and benefits to Council associated with the provision of families, ageing and disability services; determining whether an alternative governance model or internal systems would improve service sustainability; and determining the necessary steps and impacts should Council decide to withdraw from providing some or all families, ageing and disability services.

The review identified 3 options, as detailed in the confidential memo and review report at Attachments 1 and 2.

Background

Council’s Families, Ageing and Disability services team provides a range of aged care, disability support and family intervention services including the Commonwealth Home Support Program, National Disability Insurance Scheme and Brighter Futures (family preservation).

Council became a provider of these services around 2001 after community feedback that there was a significant gap in the market and vulnerable members of the community were unable to access support. Since that time, the market has shifted and, particularly in relation to the NDIS, the market has grown.

An independent review of Council’s Families, Ageing and Disability Services was initially identified in the Operational Plan and budget for the 2022-23 financial year. Unfortunately, a suitable consultant was not identified to undertake the review at that time.

On 15 February 2023, a Notice of Motion from Councillor Nadin resolved that staff should prepare a report on the consequences and steps involved should Council withdraw from providing children’s services, National Disability Insurance Scheme (NDIS) and Aged Care Services. The scope of the Families, Ageing and Disability Services review was subsequently revised to include this and, following a new RFQ process, Morrison Low was engaged to undertake the review.

The objectives of the review were to:

a. Ascertain future service demand and service viability.

b. Understand whether there is potential for a change in service mix and/or the addition of other service types which could be complementary and viable in the dynamic climate of families, ageing and disability services.

c. Understand current and future risks and benefits to Council associated with the provision of families, ageing and disability services.

d. Determine whether an alternative governance model or internal systems would improve service sustainability.

e. Determine the necessary steps and impacts should Council decide to withdraw from providing some or all families, ageing and disability services.

Morrison Low was requested to prepare an evidence-based report, detailing recommendations and options to address the objectives. This included:

· Population projections

· Market scan

· Business analysis

· Risk analysis

· Recommendations for future service provision

· Advice in relation to potential withdrawal from families, ageing and disability services, should Council opt to discontinue some or all service provision.

To do this, Morrison Low undertook a critical review of Council’s service delivery arrangements and performance. They reviewed available documentation and information provided by Council, including Council’s Integrated Planning and Reporting framework, Council policies, financial and budget performance reports, internal procedures and workflows, service and funding agreements, position descriptions, previous reports undertaken by Council and workforce data and metrics. They also conducted a range of workshops and interviews with Council staff and Councillors.

Options

The review identified 3 options for Council’s consideration, as detailed in the confidential memo and report at Attachments 1 and 2.

Community and Stakeholder Engagement

Engagement undertaken

The service review was conducted from September 2023 to December 2023 and was informed by engagement with a range of internal and external stakeholders. This included:

· Councillor workshops held on 11 October and 29 November 2023

· Interviews with Council staff were undertaken in October 2023, with:

o staff involved in managing, coordinating and delivering Council’s Families Ageing and Disability support services

o corporate support areas including Finance, People and Culture, and Communications and Engagement

o senior staff (Director and CEO)

· Engagement with some alternative providers/suppliers of these services to test market capacity and interest in potential service expansion if Council were to exit the market

· Consultation with the Department of Communities and Justice in relation to the Brighter Futures service

· Desktop research

Council’s Director Community, Environment and Planning also held a briefing with impacted staff to explain the findings of the review and potential options in January 2024.

Engagement planned

Further engagement may be required with staff, stakeholders and clients pending the Council resolution. More information is included in the confidential memo at Attachment 1.

Financial and Resource Considerations

Legal /Policy

Council’s families, ageing and disability services are provided in line with the following legislation:

· Disability Inclusion Act 2014 (NSW)

· Local Government Act 1993 (NSW)

· Local Government (General) Regulation 2021

· Local Government (State) Award 2023

· Disability Discrimination Act 1992 (Cth)

Council has a number of funding agreements in place with state and federal departments for families, ageing and disability services. Each agreement allows Council to withdraw from the agreement, in line with an agreed timeframe.

Council’s Policy 1.01 Community Wellbeing prescribes the processes implemented by Council to assist people to meet their aspirations for their community, with particular focus on the inclusion of marginalised and disadvantaged groups. The objective is to provide guidance to Councillors, management and staff in the development, implementation, monitoring and review of effective and efficient processes that improve the wellbeing of the community.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Bega Valley Shire Community Strategic Plan states that the Bega Valley Shire community aspires to be ‘a connected and vibrant community where people are happy, safe and well’ and includes several strategies to achieve this vision, via the provision of Families, Ageing and Disability services:

- Strategy A.4: Collaborate with partners to provide and support aged, disability and community services that enhance people’s quality of life.

- Strategy A.5: Advocate to government and partner organisations to expand local health and specialist services available to the community.

- Strategy A.6: Support and promote the development of local activities and enhance local community participation.

These strategies point to a Council’s critical role in advocating for, and facilitating, the provision of ageing and disability services for the community, however they do not commit Council to undertake a service delivery role.

There is also a clear strategic link between the provision of families, ageing and disability services and Council’s current Disability Inclusion Action Plan (DIAP). Action 2e in the DIAP specifically provides that Council will review provision of support coordination and plan management services and adjust service delivery in response to demonstrated needs. The stated desired outcome of this action is to achieve an improved service system for people with disability in the Bega Valley Shire.

Environment and Climate Change

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

Economic

Services for older people and people with disability are provided by a diverse range of organisations including small businesses, medium to large businesses, sole providers and government agencies. If Council resolves to change the service mix provided by Council, this could have positive flow on effects to existing and potentially new providers in the local market.

Risk

The review sets out a range of risks to be considered by Council in determining its direction on these services. Each of the three options presented has been evaluated against a range of risk factors. These include financial (short and long term), reputational, legislative, governance and continuity of care. More information is included in the report at Attachment 2.

Social / Cultural

The Bega Valley has an ageing population and a growing need for ageing and disability services. Council has played an important role in meeting a previous gap in these services and in providing continuity for our clients as service funding models changed. The review of Council’s families, ageing and disability service identified that the service provided by Council is highly regarded and meeting a genuine community need. However, there is also an expanding range of services available within the shire providing choice for consumers.

The social impacts of the three options proposed by the consultant has been considered in the review report (Attachment 2).

Attachments

1. Confidential Councillor memo - Families Ageing and Disability service review (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. Families Ageing and Disability Services Review 2023 - FINAL report (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 21 February 2024

Item 9.1

9.1. RFT 2324-008 Mattress Collection and Processing

This report details the outcome of the evaluation of tender RFT 2324-008 Mattress Collection and Processing and seeks approval to execute a contract with the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the recommendation as outlined in the attached confidential memo.

2. That Council accept the tender from (XXX) in relation to the works described in Tender RFT 2324-008, at the Tendered Schedule of Rates for a ceiling amount of $XXX per mattress (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 the tenderer be advised of Council’s decision.

Executive Summary

Council accepts used mattresses at six waste transfer stations across the Bega Valley Shire. These mattresses do not go to landfill but are collected and recycled. Currently this process is outsourced to MolyCop 360 (MolyCop) via a contract which has now expired.

A request for tender (RFT) 2324-008 for the collection and processing of recovered mattresses was placed on VendorPanel on 5 January 2024.

A single tender submission was received and evaluated in accordance with the approved tender evaluation plan, and the outcome and recommendations are detailed in the attached confidential memorandum.

Background

Council accepts used mattresses at six waste transfer stations across the Bega Valley Shire. These mattresses are currently manually loaded into cages by staff and, once full are collected and transported to a processing facility outside of the Bega Valley. The number of mattresses collected per annum is variable, however records over the last three financial years indicate it is in excess of 3,000 per annum.

The collection and processing of these mattresses is currently outsourced to MolyCop (previously JLW Services). MolyCop was engaged under contract from October 2019 to October 2022. A further one-year extension was granted which ended in October 2023 and MolyCop continue to provide the service on the same contract terms to-date.

A request for tender (RFT) 2324-008 Mattress Collection and Processing was placed on VendorPanel on 5 January 2024. The tender sought prices for collection and processing of mattress under a 2-year contract, with the option for a 1-year extension (awarded at Council’s discretion). The tender was open for 25 days and closed on 29 January 2024.

A single submission was received and evaluated in accordance with the approved evaluation plan with the recommendations detailed in the attached confidential memorandum.

The evaluation criteria comprised of:

SERVICES VALUE:

Criteria	Weighting
Lump sum price breakdown	55%
Schedule of rates for variations	5%

SERVICES DELIVERY AND FUNCTIONALITY:

Criteria	Weighting
Proposed services arrangements, including site establishments etc.	10%
Tender Program	5%
Recognition of local outcomes, demonstration of support for local business and community enterprise	5%

SERVICE EXPERIENCE:

Criteria	Weighting
Experience providing similar services	10%
References	2.5%
Work health and safety, quality and environmental management qualifications & experience	2.5%
Demonstrated capacity to undertake services of this scale	5%

Options

There are two options available to Council:

1. Accept the preferred tenderer’s submission as recommended in the confidential attachment and enter into a contract with that service provider. This is the recommended option.

2. Reject all submissions and re-tender for this service. This is not the recommended option.

Community and Stakeholder Engagement

Engagement undertaken

Council’s landfill and transfer station staff are on the frontline for customer interaction and receive direct feedback about waste diversion programs such as that achieved through mattress collection and processing. Overall, it is reported that residents are pleased that mattresses are captured and diverted for processing, however affordability remains as a significant factor in their overall support of the service.

Engagement planned

No engagement is planned. This is a services-based contract which allows Council to continue to receive and recycle mattresses.

Financial and Resource Considerations

On average, Council has spent $106,541 each year over the last three years on contract related expenses resulting from the collection and processing of mattresses. Given this service is expected to continue in perpetuity (or at least until a localised alternate solution is available), funds have been committed for the life of the proposed contract in the waste services long term-financial plan.

Council applies an adopted per mattress fee for disposal at all waste transfer station sites. Revenue levied through the charges are used to off-set the cost of collection and processing expenses, with any related contract expenses further supplemented by gate income from user charges at the shire’s waste facilities. All charges are reviewed and adjusted annually.

The tender is based on a schedule of rates and, whilst an estimate has been made based on Councils understanding of likely quantities of mattresses, the annual expenses incurred under this contract will vary dependent of the number of mattresses in any given year and the actual CPI increase applied.

Refer to the attached confidential memo for financial and resource considerations to Council based on the outcome of the tender process.

Legal /Policy

Council operates and controls waste management activities within a framework of Commonwealth, State and Local Government policy and legislation. Waste and recycling depots are regulated by the NSW EPA under the Protection of the Environment Operations Act 1997, with Environment Protection Licences (EPLs) in place for many sites.

The tender process was conducted in accordance with the Local Government Act 1993 and Council procedures.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The service provided by this tender is consistent with strategic direction set by Council as part of the Community Strategic Plan 2042 and Delivery Program 2022-25.

C. Our environment

C.3 Collaborate with partners and our community to support innovative approaches to waste minimisation and increase reuse and recycling opportunities.

C3.1 Implement the Waste Strategy through delivery of efficient waste collection, waste disposal and recycling services and manage waste services related infrastructure.

Environment and Climate Change

Recycling is a well-established national practice, with known positive impacts on the environment through the recovery of resources and a reduction in waste to landfill.

Opportunities to divert waste from landfill through resource recovery prolongs the life of Council’s existing landfill and any associated expansion to landfill capacity at the CWF, thereby reducing the amount of leachate produced and less overall impact on the natural and built environments surrounding the site.

Committing to continued collection and processing of mattresses through the contract extension supports Council’s decision to achieve a more circular economy through waste diversion and reuse.

Economic

As opposed to sending mattresses to landfill, diverting them through sound resource recovery principles supports a more circular waste management solution that also contributes to greater employment, with long-term economic, social and environmental benefits.

Risk

The contractor is required to comply with all transport, environmental and work health and safety regulations and legislation.

The contract states that once notified for collection the contractor has two weeks to complete the collection. This will ensure that mattress stockpiles are kept manageable and reduce the risks associated with large stockpiles of waste material.

Overall, this is a low-risk procurement activity noting it is for a straightforward waste-related service.

Social / Cultural

There is a general community expectation for councils to have the ability divert and recycle used mattresses. However, success of the program is highly dependent on affordability for the customer.

Attachments

1. Confidential Memo_RFT 2324-008 Mattress collection and processing (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

Council 21 February 2024

Item 10.1

10.1. Review and development of policies to meet requirements of NSW Notifiable Data Breaches (NDB)

The Mandatory Reporting of Data Breach Scheme requires Council to ensure its Policies and Procedures meet the requirements of the scheme. Council has reviewed existing policies and procedures and created a new policy to meet the requirements and improve councils business practices.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Receive and endorse new Policy 6.27 Data Breach Mandatory Reporting.

2. Endorse the draft Policy 6.27 Data Breach Mandatory Reporting be placed on public exhibition for a minimum period of 28-days and Council receive submissions for 42 days.

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

4. That the revised Policy 6.09 Information Technology Policy be adopted and published on the Council website.

Executive Summary

Amendments to the Privacy and Personal Information Protection Act 1998 (PPIP Act) came into effect on 28 November 2023. The amendments impact the responsibilities of agencies under the PPIP Act and require agencies to provide notifications to affected individuals in the event of an eligible data breach of their personal or health information by a NSW Public Sector Agency or state-owned corporation, subject to the PPIP Act.

BVSC, Business and Governance have reviewed our current Data Breach Procedure (formerly 6.09.07) under our Information Technology Policy (6.09) and created a new Data Breach Policy (6.27) to satisfy the changes in legislation.

Background

Following the announcement and establishment of the Mandated Data Breach Scheme on 28 November 2023, council staff have been working with partner subject matters experts and internally to review our existing Data Breach Procedure (formerly 6.09.07; now 6.27.01) and establish a Data Breach Policy (6.27). This report seeks Councils endorsement to release the Data Breach Policy for public exhibition as per Councils adopted Policy Management Procedures.

Changes to the PPIP Act and BVSC obligations met by the Data Breach Policy, include:

1. Defining an eligible data breach as unauthorised access, unauthorised disclosure or loss of personal or health information, and a reasonable person would conclude that this would be likely to result in serious harm to an individual to whom the information relates.

2. In the event of a suspected data breach, Council will be required to:

a. Make all reasonable efforts to contain the breach.

b. Assess whether there has been unauthorised access, disclosure or loss of personal information held by the agency within a 30-day period.

c. Assess if there is a likelihood of serious harm to any affected individual within a 30-day period.

d. Make all reasonable attempts to mitigate the harm done by the suspected breach.

3. In the event of an assessed, eligible data breach, Council will be required to:

e. Notify the Privacy Commissioner immediately.

f. Notify the affected individuals as soon as practicable.

4. Council be required to publish a Data Breach Policy to inform the public of how Council will respond to a data breach.

5. Council be required to maintain a public register on the website of data breach notifications. Each notification must be made available for at least 12-months and must contain specified information.

6. Repealing s117C of the Fines Act 1996 to ensure that all NSW Public Sector Agencies are regulated by the same mandatory notification scheme.

The Information Technology Policy (6.09) has also been updated to reflect the removal of Data Breach Procedures and added reference to the new Data Breach Policy as a related document; these changes do not represent a change to the intent of this policy and therefore it is recommended that these slight amendments are adopted by council without the need for public exhibition. The currently adopted Information Technology Policy can be found here (search ‘information technology’).

Options

Business and Governance recommend Council resolve to adopt the revised Information Technology Policy as attached to this report and; place the draft data breach policy included as an attachment to this report on public exhibition for 28 days and accept submissions for 42 days.

Alternatively, Council could resolve to amend the policies presented and place the amended version on exhibition for 28 days and accept submissions for 42 days.

Council could resolve not to endorse the policy attached and continue operating under the currently adopted policies and procedures. This is not recommended.

Community and Stakeholder Engagement

Engagement undertaken

The draft policies and procedures have been developed in consultation with the Leadership Executive Group and members of the proposed Data Breach Review team. The review has been undertaken to incorporate the requirement of the Mandatory Reporting of Data Breach Scheme.

Engagement planned

Once the draft policy has been received and noted by Council, it will be exhibited for a period of 28 days with an opportunity to receive public submissions for 42 days. Adopted policies are placed on Council’s website available here.

This report recommends that if no submissions are received, the Data Breach Mandatory Reporting policy be adopted. If submissions are received during the exhibition period, a further report will be brought to Council to reconsider the provisions of the policy before formal adoption.

Financial and Resource Considerations

The work undertaken to review the existing policies and procedures and draft the new recommended policy has been completed within Council’s approved general fund budget for business and governance coordination.

The revised obligations under the Mandated Reporting Data Breach Scheme, imposes financial responsibility for compensation as a result of a data breach on Council. It should be noted that in the event of a data breach Council may be liable for compensation to the effected individuals. This is considered and (partially) covered by BVSC Insurance.

Legal /Policy

The review of policies presented within this report is consistent with the requirements of Section 165 of the Local Government Act 1993, which states:

165 Amendment and revocation of local policy

(1) A council may amend a local policy adopted under this Part by means only of a local policy so adopted.

(2) An amending local policy may deal with the whole or part of the local policy amended.

(3) A council may at any time revoke a local policy adopted under this Part.

(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.

Each of the policies and procedures acknowledge and reference associated legislation and other council policies. Notable NSW legislation that supports management of risks associated with the implementation of these policies and associated procedures includes, State Records Act 1998, Government Information Public Access (GIPA) Act 2009, GIPA Regulations and, Privacy and Personal Information Protection (PPIP).

Importantly, if adopted, any breaches of these policies will give rise to a breach of the council’s adopted code of conduct. This is because the code of conduct requires council officials to conduct themselves in a manner that is not contrary to council policies (see clause 3.1(b) of the Model Code of Conduct (Code)). Consequently, breaching an adopted policy will expose council officials and staff to disciplinary action under the Code and the Local Government Act 1993.

Further information can be found on the Office of Local Government website.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of this procedure aligns with the following FY2023 integrated planning and reporting:

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

Delivery Program: E1.1 Conduct day to day management of Council and support Councillors to undertake their role.

Operational Plan E1.1.1 Conduct the review of Council’s policies and procedures.

Environment and Climate Change

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

Economic

Having clear and consistent policies and procedures that guide the interactions between councillors and staff, aligned with the provisions of the Code of Conduct contribute to effective performance of a Council. This can avoid unnecessary costs in investigating or managing complaints and provides confidence in accountability for how customer and councillor enquiries are received and actioned.

It should be noted that in the event of a Data Breach and this Policy and Procedures being enacted there will be financial impacts.

Risk

This policy has been drafted to promote compliance with the requirements of the Privacy and Personal Information Protection Act 1988 (NSW), Health Records Information Privacy Act 2022 (NSW) and Privacy Act 1988 (Cth) alongside the guidelines issued by the Information and Privacy Commissioner.

BVSC has reviewed and weighted the risk of Data Breach as HIGH (Corporate risk #1271); this policy contributes to the mitigation of the risk.

Social / Cultural

Reviewing council policies and procedures to ensure they are contemporary and give regard to the changes in our social interactions and the relationships between government and customers is viewed as a core responsibility of council.

The strategic guiding principles are organisational values that demonstrate commitment to governance that acknowledges our key responsibilities for contributing to social outcomes through relationships. These policies and procedures support council officials to demonstrate strong civic leadership through expected behaviours and interactions that can build confidence in our organisation.

Attachments

1 ⇩. DRAFT Policy 6.27 Data Breach Mandatory Reporting

2 ⇩. DRAFT Policy 6.09 information technology

Council 21 February 2024

Item 10.2

10.2. Adoption of councillor and staff interaction and councillor record keeping procedures and communication and social media policies

The purpose of this report is for Council to adopt policies and procedures related to internal and external communications between councillors, council employees and customers and associated record keeping requirements.

Director Business & Governance

Officer’s Recommendation

That council receive and note that no submissions were received during the exhibition of the following policies and procedures and adopt the following:

· Attachment 5: Draft Procedure 6.02.09 Councillor and Staff Interaction (was previously Elected Official Communication Protocols)

· Attachment 6: Draft Procedure 6.02.08 Record Keeping Requirements for Councillors

· Attachment 7: Draft Policy 6.10 Communications

· Attachment 8: New Draft Policy 6.25 Social Media

Executive Summary

On 15 November 2023 council presented the draft communications policies and procedures and resolved to place the documents on public exhibition for 42 days. Following the consultation period a report was to be brought back to council.

On Wednesday 24 January 2024 council staff facilitated a workshop with councillors on the suite of documents exhibited .

Item 3 of resolution 172/23 was to present a further report following the submission period. Council did not receive any submissions for any of the exhibited policies and procedures (attached to this report).

10.4

Adoption of councillor and staff interaction and councillor record keeping procedures and communication and social media policies

172/23

RESOLVED on the motion of Crs Porter and Nadin

1. That council receive and note:

· Draft Procedure 6.02.09 Councillor and Staff Interaction (was previously Elected Official Communication Protocols)

· Draft Procedure 6.02.08 Record Keeping Requirements for Councillors

· Draft Policy 6.10 Communications

· New Draft Policy 6.25 Social Media

2. That council include the strategic guiding principles, councillor requests process and other minor edits and place the 4 documents listed above on public exhibition for a period of 28-days and accept submissions for 42 days.

3. That a further report be provided to council following the submission period prior to adoption of the items listed in 1 above.

IN FAVOUR: Crs Fitzpatrick, Nadin, Seckold, Allen, Porter, O'Neil, Robin and Wright

AGAINST: Cr Griff

Background

Giving regard to the model policies issued by Office of Local Government relating to Councillor and Staff Interaction and Social Media, a review of existing council policies was undertaken. The key changes to our policies and procedures are as follows:

Procedure | Councillor and Staff Interaction

• Replaces former procedure known as ‘Elected Official Communication Protocols’.

• Based on the Model policy issued by Office of Local Government (April 2022).

• Add: Schedule 2 – Councillor requests process.

Procedure | Record Keeping Requirements for Councillors

• Update of definitions table.

• References various legislation that requires record keeping responsibilities of Councillors.

• Add provisions from Government Information Public Access (GIPA) Act.

Policy | Communications

• Updated to reflect new social media policy and revised social media procedures

Policy | Social Media *NEW

• Based on the Model policy issued by Office of Local Government (April 2022)

The updated documents with tracked changes are attached as follows:

Attachment 1: Draft Procedure 6.02.09 Councillor and Staff Interaction (was previously Elected Official Communication Protocols).

Attachment 2: Draft Procedure 6.02.08 Record Keeping Requirements for Councillors.

Attachment 3: Draft Policy 6.10 Communications.

Attachment 4: New Draft Policy 6.25 Social Media.

The documents that we are recommending be adopted have been attached with tracked changes accepted and updated to the new style template as follows:

Attachment 5: Draft Procedure 6.02.09 Councillor and Staff Interaction (was previously Elected Official Communication Protocols).

Attachment 6: Draft Procedure 6.02.08 Record Keeping Requirements for Councillors.

Attachment 7: Draft Policy 6.10 Communications.

Attachment 8: New Draft Policy 6.25 Social Media.

The currently adopted policies are available on our website.

Options

Council can resolve to endorse the draft policies and procedures included as attachments to this report. This is recommended.

Council could resolve not to endorse the policies and procedures attached and continue operating under the currently adopted policies and procedures. This is not recommended.

Community and Stakeholder Engagement

Engagement undertaken

The draft policies and procedures have been developed in consultation with the Leadership Executive Group and councillor workshops. The review has been undertaken to incorporate provisions of the model policies issued by Office of Local Government for all NSW Councils.

Extensive consultation was held by Office of Local Government when developing the model social media policies and it is noted that Bega Valley Shire Council made a submission during the initial consultation period.

The draft policies and procedures have been placed on public exhibition for 42 days with no submissions received.

Engagement planned

There is no further engagement planned. Adopted policies are published on council’s website and available for download at any time.

Financial and Resource Considerations

The work undertaken to prepare the draft policies and procedures has been completed within Council’s approved general fund budget for business and governance coordination.

Legal /Policy

The review of policies presented within this report is consistent with the requirements of Section 165 of the Local Government Act 1993, which states:

165 Amendment and revocation of local policy

(1) A council may amend a local policy adopted under this Part by means only of a local policy so adopted.

(2) An amending local policy may deal with the whole or part of the local policy amended.

(3) A council may at any time revoke a local policy adopted under this Part.

(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.

Each of the policies and procedures acknowledge and reference associated legislation and other council policies. Notable NSW legislation to manage risks associated with the implementation of these policies and procedures includes, State Records Act 1998, Government Information Public Access (GIPA) Act 2009 and GIPA Regulations, Privacy and Personal Information Protection (PPIP).

Further information can be found on the Office of Local Government website.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of this procedure aligns with the following FY2023 integrated planning and reporting:

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

Delivery Program: E1.1 Conduct day to day management of Council and support Councillors to undertake their role

Operational Plan E1.1.1 Conduct the review of Council’s policies and procedures

Environment and Climate Change

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

Economic

Risk

The adoption of these policies and procedures will manage reputational risk and contribute to effective operational management. Positive, professional working relationships between councillors and staff are a key element of any council’s success. If relationships between councillors and staff are functioning effectively, the council is more likely to perform effectively. If these relationships break down, it can lead to dysfunction, create a potential corruption risk, and ultimately the council’s performance will suffer.

The social media policy acknowledges that there are a variety challenges and risks. These include:

· the emergence of new, harmful forms of behaviour, such as cyber-bullying and trolling;

· maintaining the accuracy, reliability and integrity of information disseminated from multiple sources;

· organisations can be held liable for content uploaded onto their social media platforms by third parties;

· content uploaded in a person’s private capacity can adversely affect their employment and cause significant reputational damage to colleagues and employers; and

· rapid innovation can make it difficult to keep pace with emerging technologies and trends.

Social media operating procedures will be regularly reviewed and updated to ensure that emerging risks are managed in accordance with the risk appetite of council and the resources and capacity available.

Social / Cultural

Attachments

1 ⇩. DRAFT procedure 6.02.09 Councillor and Staff Interaction ( was Elected Official Communication Protocols)

2 ⇩. DRAFT procedure 6.02.08 record keeping requirements for Councillors

3 ⇩. DRAFT Policy 6.10 Communications

4 ⇩. DRAFT New Policy 6.25 Social Media v 1

5 ⇩. DRAFT procedure 6.02.09 Councillor and Staff Interaction ( was Elected Official Communication Protocols) *Clean copy*

6 ⇩. DRAFT procedure 6.02.08 record keeping requirements for Councillors *Clean copy*

7 ⇩. DRAFT Policy 6.10 Communications *Clean copy*

8 ⇩. DRAFT New Policy 6.25 Social Media v 1 *New style*

Council 21 February 2024

Item 10.3

10.3. Report on Implementation of Council's Operational Plan

This half yearly review provides Council with a status update on the progress of delivering the 2023-24 Operational Plan.

Director Business & Governance

Officer’s Recommendation

That Council receive and note the 2023-24 Operational Plan progress report for the period 1 July 2023 to 31 December 2023.

Executive Summary

At 31 December 2023, 82% percent of the 2023-24 Operational Plan activities were listed as completed or on track at 31 December 2023. Fifteen percent of activities were identified as off track and 2% of activities were withdrawn largely a result of resourcing challenges and the impact of two storm and flood events during the reporting period.

Background

The purpose of the Operational Plan reviews is to track the progress of activities outlined in Council’s adopted 2023-24 Operational Plan. This review seeks to assess the achievability of the Operational Plan and enable forecasting of potential areas of delay or resourcing issues.

A detailed update of the status and achievements for our Operational Plan activities has been organised by Community Strategic Plan outcomes and is provided in Attachment 1 to this report.

A range of corporate measures are recorded for analysis and reporting purposes. Attachment 2 provides several highlights captured for July to December 2023 period.

Options

There are no options presented for this receive and note report on the Operational Plan progress update.

Community and Stakeholder Engagement

Development of the Operational Plan and budget each year includes regular community engagement. Reporting at six monthly intervals provides accountability towards achieving the plan.

Publishing this report supports information being made available to the public regarding progress. The Business and Governance team utilise support from the communications team to develop rolling media coverage of IPR reporting across all platforms and social media posts on Council’s Facebook.

Engagement undertaken

Hardcopies of our Integrated Planning and Reporting documents are available to view at Council’s Bega office as well as Council’s Libraries at Bega, Bermagui, Eden and Tura Beach. All adopted documents and progress reports can be found on Council’s website.

Engagement planned

Attachment 1 and 2 of this report is recommended to be published and available on Council’s website. It also becomes an attachment to Council’s annual report that is required to be submitted to the Office of Local Government by 30 November.

Financial and Resource Considerations

It is recommended that this report be read in conjunction with the December Quarterly Budget Review Statement (FY2023 Q2) which was reported to Council on 31 January 2024. Fulfilling the requirements of Integrated Planning and Reporting Framework outlined in the Local Government Act 1993, is delivered as an operational function within the Business and Governance directorate.

Legal /Policy

Chapter 13 of the Local Government Act 1993 requires Council to report half yearly on the status of delivering the Operational Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2023-24 Operational Plan was developed to align with the adopted Community Strategic Plan 2042, Delivery Program 2022-25 and Resourcing Strategy 2022-25 including the Long-Term Financial Plan. Progress reporting is a business-as-usual activity within the Corporate Planning service area.

The projects that have been identified as withdrawn are no longer able to be completed in this financial year. Many of the withdrawn activities are a result of resourcing challenges or broader operational decisions to delay works because of prioritising responses to storm and flood events. Activities listed as off track are likely not to be completed in this Operational Plan year and will be carried over to the 2024-25 Operational Plan and budget which is currently in development.

Environment and Climate Change

There are no direct environment and climate change implications associated with presenting this receive and note report.

Economic

Council and its expenditure has a significant economic impact on the Bega Valley. The preparation and publishing on our progress towards the implementation of the annual Operational Plan provides a line of sight between funding (budget) and delivery (operational plan actions) informing our community on Council’s contribution and commitment as a provider of a variety of public services.

Risk

Preparation of this Operational Plan progress update has not identified any new significant strategic risks associated with delivery of our programs, projects and services. Operational risks that have the potential to impact delivery of our Operational Plan actions are managed by the leadership group and considered at weekly and monthly meetings, including appropriate risk mitigation and management actions.

Social / Cultural

The receive and note recommendation of this Operational Plan progress report does not have any negative social or cultural impacts. Associated funding and adjustments to the budget for delivery of our various services are reflected in the notes provided by responsible officers.

Attachments

1 ⇩. Operational Plan Progress Report 1 July 2023 to 31 December 2023

2 ⇩. Corporate Measures July-Dec 2023

Council 21 February 2024

Item 10.4

10.4. Certificate of Investment January 2024

This report details Council’s cash and investments at 31 January 2024.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 January 2024.

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.

On 31 January 2024 the total capital value of cash and investments was $113,709,593.00 with 95% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. The following is investment information by fund:

Fund	January-2024 (‘000)
General Fund	39,316
Water Fund	25,315
Sewer Fund	49,079
TOTAL	113,710

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

Background

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

Options

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

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

The investment details of council are published in council business papers and are publicly available at Council offices and on Council’s website.

Financial and Resource Considerations

A list of Councils cash and investments held at 31 January 2024 is detailed below:

Issuer	Rating	Type	Purchase	Maturity	Interest Rate (%)	Capital Value ($)
Commonwealth Bank (Operating cash account)	AA-	CASH	-	-	-	1,074,916.66
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	-	5,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	134,676.34
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
Australian 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
NAB	AA-	TD	14/12/2023	24/09/2024	5.16	5,000,000.00
Westpac	AA-	TD	30/09/2022	03/10/2024	4.78	2,000,000.00
Suncorp	A+	TD	31/10/2023	31/10/2024	5.42	3,000,000.00
NAB	AA-	TD	11/12/2023	12/11/2024	5.22	5,000,000.00
Suncorp	A+	TD	30/11/2023	29/11/2024	5.46	3,000,000.00
Bendigo and Adelaide	BBB+	TD	31/07/2023	03/12/2024	5.30	2,000,000.00
Commonwealth Bank	AA-	TD	15/12/2022	16/12/2024	4.59	5,000,000.00
NAB	AA-	TD	30/08/2023	14/01/2025	5.10	2,000,000.00
Westpac	AA-	TD	08/02/2022	10/02/2025	2.00	5,000,000.00
Suncorp	A+	TD	30/11/2023	11/03/2025	5.40	2,000,000.00
Australian Military Bank	BBB+	TD	31/03/2023	16/04/2025	4.50	3,000,000.00
Suncorp	A+	TD	30/11/2023	13/05/2025	5.40	3,000,000.00
BankVic	BBB+	TD	28/06/2023	17/06/2025	5.65	2,000,000.00
Suncorp	A+	TD	31/07/2023	31/07/2025	5.18	3,000,000.00
NAB	AA-	TD	31/01/2024	26/08/2025	4.95	3,000,000.00
Westpac	AA-	TD	11/09/2023	11/09/2025	4.99	2,000,000.00
Westpac	AA-	TD	31/10/2023	31/10/2025	5.41	2,000,000.00
Westpac	AA-	TD	29/06/2023	25/11/2025	5.10	2,000,000.00
Suncorp	A+	TD	28/11/2023	28/11/2025	5.38	3,000,000.00
Bank of Queensland	BBB+	TD	11/01/2024	12/01/2026	4.85	2,000,000.00
Bank of Queensland	BBB+	TD	31/01/2024	26/05/2026	4.80	2,000,000.00
Westpac	AA-	TD	06/09/2023	07/09/2026	4.88	3,000,000.00
Suncorp	A+	TD	11/01/2024	11/01/2027	4.88	2,000,000.00
Total Cash and Investments						$113,709,593.00

Interest earned for January 2024	$385,385
Financial year to date interest earned	$2,499,944
Revised Budgeted interest for 2023/2024 financial year (QBRS Q2)	$2,700,000
Percentage of the 2023/2024 budget earned by council	93%

Council’s investment portfolio is largely directed towards term deposits (95%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (5%).

The investments held by Council remain sufficiently liquid with 66% of investments maturing within the next 12 months.

For the month of January, the investments (excluding cash) provided a return of 4.27% p.a. marginally underperforming the RBA cash rate return of 4.35%. This ‘underperformance’ has been due to the aggressive rate hikes undertaken by the RBA. While the slight underperformance may continue in the short-term, we do anticipate this to be temporary given the relatively high level of turnover.

At the end of January 2024, the investment portfolio had a weighted average maturity of 312 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, Arlo Advisory 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	November-2023	December-2023	January-2024
General Fund	38,191	40,8857	39,316
Water Fund	25,907	25,736	25,315
Sewer Fund	50,036	49,365	49,079
TOTAL	114,134	115,958	113,710

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

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

The value of outstanding government grant debtors on 31 January 2024 is $1,659,775.92 with $1,199,883.02 aged 4+ months. Council continues to work with our funding partners to reduce these debts.

Legal /Policy

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

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

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

Council has an Investment Policy, policy number 6.07 adopted 16 November 2022. The policy was reviewed internally on 13 December 2023. 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 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 31 January 2024, all cash and investments held are within the counterparty, credit quality and maturity policy limits.

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

Legend: Compliant Non-Compliant

Counterparty Compliance

Credit Quality Compliance

Maturity Compliance

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 21 February 2024

Item 10.5

10.5. Request for tender (RFT 2324-049) alterations and additions to Cobargo RFS

This report details the outcome of evaluation of tender (RFT 2324-049) for alterations and additions at the Cobargo Rural Fire Services station.

Director Business & Governance

Officer’s Recommendation

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

2. That Council decline to accept any tenders under clause 178 of the Local Government (General) Regulation 2021 (NSW) and reissue to open market, subject to revision of included scope of works.

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 provides details on the tender evaluation conducted for Cobargo Rural Fire Service (RFS) alterations and additions request for tender (RFT 2324-049).

Background

On 17 April 2019, Council granted consent for the alterations and additions outlined in Development Application 2019.65, with modifications incorporating the new building design approved on 17 November 2023.

The purpose of the works was to upgrade the existing Cobargo RFS station to provide adequate space for the conduct of meetings and to assist in the coordination of disaster response. The contract would provide the following:

· Meeting room expansion (three times the size of the existing)

· Bathroom facilities (showering and laundry)

· Storage and

· Carparking space.

Council invited tenders from suitably qualified contractors to undertake structural, civil design and construction of the building and carpark extensions. Tenders were advertised via VendorPanel on 20 December 2023, with a mandatory site information session held 9 January 2024. At the close of the tender period, 12.00pm on 24 January 2024, two submissions were received from the following companies:

· All Clear Group Pty Ltd

· Rapid Construction Pty Ltd.

Applicants were asked to provide:

· Lump sum price breakdown of the works

· Schedule of rates for variations

· Schedule of proposed construction arrangements

· Schedule of tenderer’s project experience

· Schedule of recognition of local outcomes

· Schedule of support of Indigenous business development

· Schedule of key contact staff

· Schedule of consultants, subcontractors & major suppliers

· Schedule of construction program

· Schedule of work health and safety

· Schedule of tenderer’s capacity to undertake works.

The tender submissions were assessed against the following evaluation criteria:

Tender Evaluation
Criteria	Weighting
Price	60%
Project experience	15%
Project delivery and functionality	25%
WH&S	Compliant / non-compliant
Total	100%

Options

The options available to Council are as follows:

1. Council resolve to decline to accept any tenders under clause 178 of the Local Government (General) Regulation 2021 (NSW) (Regulation) and review the scope of works initially issued before re-releasing to market by public tender (recommended).

2. Council resolve to decline to accept any tenders under clause 178 of the Regulation and enter into negotiations with the tenderers identified in the confidential attachment, with a view of entering into a contract, subject to variations and provisional sums (not recommended due to the risks outlined in the confidential attachment).

Both options will result in a delay to the construction period.

Community and Stakeholder Engagement

Due to the nature of the arrangement in accordance with the endorsed RFS Service Level Agreement, ongoing communications between Council officers, RFS and external consultants engaged to manage the project have taken place.

Engagement undertaken

Previous engagement undertaken is at the discretion of RFS as the facility tenants.

Engagement planned

As part of the tender documentation, submitting tenderers are to provide a community consultation and liaison plan for the period in which works are being undertaken. Future community engagement will be in accordance with the contractors submitted plan, subject to Council officer review and approval.

Financial and Resource Considerations

The initially available budget was approximately $400,000, however written confirmation has been received from RFS that they are confident additional funding would be made available to facilitate the upgrade. We have not received confirmation of the additional figures at the time of writing this report.

Legal /Policy

Councils in NSW are required to comply with the Local Government Act 1993 (NSW) (LG Act), Regulations and Guidelines for Tendering in Local Government which focus on contracts valued at over $250,000 including GST and provide a rigid process for procurement at the higher level.

The tender process was undertaken in accordance with section 55 of the LG Act, part 7 of the Regulation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2040:
E.5 Council resources are managed in order to meet agreed service delivery standards and deliver value for money.

Delivery Program 2022-25:
E5.4 - Ensure good governance and effective practices in relation to procuring goods and services in support of the Procurement Improvement Plan 2021-25

D2.7 - Manage and maintain Council and NSW Rural Fire Service vehicles, plant and equipment.

Operational Plan 2023-24:
D2.7.1 NSW RFS assets managed and maintained as per service agreement.

Environment and Climate Change

Environmental impacts are incorporated into the scope of work for the contract. Items are also addressed by Contractors within their tenders for specifically implemented policies, accreditations and reporting processes. A Site specific environmental management plan is required to be submitted by the successful tenderer prior to commencing works.

Economic

The project budget was set by RFS and unfortunately did not align with tendered scope of works which has led to the inability for tender award in this case.

Risk

The risks associated with this contract have been further detailed in the confidential attachment for Council’s review and input.

Social / Cultural

Any works are to be undertaken in accordance with the contract terms and conditions, as well as the conditions of the development application approval. These conditions incorporate the contractor needing to comply with requirements of the National Parks and Wildlife Act with respect to the conservation of Aboriginal archaeology.

Attachments

1. Memorandum to councillors RTF 2324-049 Cobargo RFS alterations and additions (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. Cobargo RFS alterations and additions RFT 2324-049 evaluation table (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 21 February 2024

Item 13.2

13.2. Cr Russell Fitzpatrick - Options for private native forestry in RU2 zones

Notice of Motion

That Council:

1. Notes the NSW Private Native Forestry Codes of Practice administered under part 5B, Division 2 of the Local Land Services Act 2013 establishes comprehensive guidelines for overseeing private native forestry operations, consolidating regulations into a single instrument.

2. Notes the PNF Codes of Practices were re-made in 2022 to provide certainty and consistency for landholders, while maintaining ongoing habitat values for native fauna.

3. Notes the native hardwood industry employs 2,230 people on the NSW South Coast and private forestry provides at least 15 per cent of the high value saw logs harvested in NSW.

4. Notes that Zone RU2 Rural Landscape under the Bega Valley Shire Council LEP is compatible with private native forestry operations.

5. Approves the preparation of a Proposal to amend the Bega Local Environmental Plan 2013 to make Private Native Forestry permitted without consent in Zone RU2 – Rural Landscape.

Background

Private native forestry on the New South Wales South Coast operates within a robust regulatory framework that aims to strike a balance between sustainable timber harvesting and environmental conservation. The management of private native forestry activities in this region is primarily guided by regulations outlined under the Local Land Services Act 2013. Regulation of Private Native Forestry (PNF) is underpinned by the PNF Codes of Practice that encompass a range of aspects, including harvesting practices, land use planning, biodiversity conservation, water quality protection, and the preservation of cultural heritage sites.

The Private Native Forestry Codes of Practice consolidate environmental and planning protections under a single instrument used to regulate the industry. In remaking the PNF Codes of Practice the NSW Government asked the Natural Resource Commission (NRC) to review the draft codes. The March 2022 the NRC said the new codes (which commenced in May 2022) were a substantive improvement on the existing codes.

In their advice on the new PNF Codes of Practice the NRC said the new codes “provided certainty and consistency for landholders, with new harvesting prescriptions making it easier for landholders to implement and comply with codes, while still maintaining ongoing habitat values for native fauna.”^{^[3]}

Amending the Bega Valley Shire Council LEP to include forestry as permitted without consent in Zone RU2 – Rural Landscape will harmonise this activity with nearby council, the Shoalhaven City Council. Private Native Forestry is a compatible industry in RU2 Zones through encouraging sustainable primary industry production and maintaining and enhancing the natural resource base, maintaining the rural landscape character of the land and providing for a range of compatible land uses.

It is recommended that Bega Valley Shire Council investigate the most effective measure to amend the Bega Valley Local Environment Plan 2013 to include “forestry” as a new activity permitted without consent under Zone RU2 – Rural Landscape.

Private native forests account for 37 percent of the 20 million hectares of native forests in NSW. ^{^[4]} It is important that private native forestry is considered with a view to create healthy forests in perpetuity including bushfire mitigation activities,^{^[5]}enhancing biodiversity and managing private forests for a diverse forestry mosaic.

Private Native Forestry is a significant source of timber supply to timber mills and businesses on the NSW South Coast and Bega Valley Shire. It serves as a crucial economic driver for the region, providing a sustainable supply of timber resources while supporting local industries and employment opportunities. The native timber industry employs 2,230 FTE jobs in southern NSW and generates $720 million in gross revenue to the NSW economy. Timber harvested from private native forests on the South Coast contribute to the production of high-quality wood products, specifically for high value construction materials such as flooring, cladding and decking.

Moreover, the proximity of private native forests to timber mills reduces transportation costs and carbon emissions associated with long-distance timber hauling, making it an environmentally favourable option. Businesses on the South Coast rely on this local timber supply to maintain operations, contributing to the regional economy and fostering community sustainability.

Private native forestry also plays a role in land stewardship, incentivising landowners to manage their properties sustainably. By encouraging responsible forest management practices, these private forests promote the preservation of biodiversity, protect natural landscapes, and support the cultural heritage intertwined with these forests.

Staff response

In response to this motion staff have undertaken some preliminary investigations.

By way of history, in applying the RU2 zone to LEP 2013, Council used the advice on the objective of zones issued in Department of Planning LEP Practice Note: ‘Preparing LEPs using the standard instrument: standard zones: PN 06–002 RU2 Rural Landscape’, which noted:

“This zone is generally intended for rural land with landscape values or land that has reduced agricultural capability due to gradient, soil type, vegetation, rock outcrops, salinity etc. but which is suitable for grazing and other forms of extensive agriculture.”

The direction of the objectives of the RU2 zone in the Standard Instrument was also considered by Council and was adopted (and was not amended) and reads as follows:

• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

• To maintain the rural landscape character of the land.

• To provide for a range of compatible land uses, including extensive agriculture

Land zoned 1(a) Rural General under Bega Valley Local Environmental Plan 2002 was zoned RU2 in LEP 2013 if:

· it was not considered to be part of the shire’s most important agricultural land, or

· it was within the coastal catchment areas (noting that land containing important environmental values (catchment protection or vegetation) with high levels of fragmentation of ownership were zoned C3 (previously known as E3) as opposed to RU2)

At the time, Council considered the use of forestry to be incompatible with the objective of the RU2 zone to protect the scenic forested hinterland and existing character of the rural landscape.

The estimated cost of Council preparing a planning proposal to amend the RU2 zone to permit forestry without consent, is provided as follows:

• Consultant fees to prepare planning proposal: $10,000 - $20,000 (noting that staff resourcing and commitments would preclude staff preparing the planning proposal and this would need to be outsourced)

• Specialist studies $0 - $250,000: This will be highly dependent on the requirements of NSW Government Agencies. For example, if biodiversity and environmental studies are required for all of the RU2 zone, this could be very expensive depending on the requirements for ground truthing.

There are currently no resources allocated in Council’s long term financial plan to facilitate to the above proposed planning proposal, nor is there any recommended adjustments to re-prioritise Council’s resources to facilitate the above at least in the short term which would necessitate the Council to identify a funding source should it wish to initiate the planning proposal.

Staff have received advice that there is no reason why any party other than Council could not initiate the planning proposal process and fund the work required to progress the planning proposal through the statutory process.

Attached is a comparison study of several other council’s standard instrument LEPs and how they deal with Forestry as a land use within the RU2 zone.

Also attached are three maps that identify the extent of RU2 zoned land within the shire (broken up into north, central and south). This equates to 44,626 hectares of land.

Cr Russell Fitzpatrick

Attachments

1 ⇩. Layout1 - Bega Valley North

2 ⇩. Layout1 - Bega Valley Mid

3 ⇩. Layout1 - Bega Valley South

4 ⇩. RU2 Forestry NSW council permittance table

[3] Final report Advice on finalising Draft Private Native Forestry Codes of Practice March 2022, Natural Resource Commission. https://www.nrc.nsw.gov.au/PNF%20-%20Final%20report%20v2%20-%20March%202022.pdf?downloadable=1

[4] Final report Advice on finalising Draft Private Native Forestry Codes of Practice March 2022, Natural Resource Commission. https://www.nrc.nsw.gov.au/PNF%20-%20Final%20report%20v2%20-%20March%202022.pdf?downloadable=1

[5] ROYAL COMMISSION INTO NATIONAL NATURAL DISASTER ARRANGEMENTS Submission by THE INSTITUTE OF FORESTERS OF AUSTRALIA and AUSTRALIAN FOREST GROWERS: https://www.forestry.org.au/wp-content/uploads/2021/12/IFAAFG_Submission_NationalDisasterRoyalCommission_April2020_Final.pdf

Council	21 February 2024
*Item 8.1 - Attachment 1*	Affordable Housing Strategy Implementation Plan

Council	21 February 2024
*Item 8.2 - Attachment 1*	Proposed new procedure 4.05.06 Carparking Enforcement

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*Item 8.2 - Attachment 2*	Currently adopted procedure 4.05.06 Carparking Enforcement

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*Item 10.1 - Attachment 1*	DRAFT Policy 6.27 Data Breach Mandatory Reporting

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*Item 10.1 - Attachment 2*	DRAFT Policy 6.09 information technology

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	21 February 2024
*Item 10.2 - Attachment 1*	DRAFT procedure 6.02.09 Councillor and Staff Interaction ( was Elected Official Communication Protocols)

Council	21 February 2024
*Item 10.2 - Attachment 2*	DRAFT procedure 6.02.08 record keeping requirements for Councillors

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*Item 10.2 - Attachment 3*	DRAFT Policy 6.10 Communications

Council	21 February 2024
*Item 10.2 - Attachment 4*	DRAFT New Policy 6.25 Social Media v 1

Council	21 February 2024
*Item 10.2 - Attachment 5*	DRAFT procedure 6.02.09 Councillor and Staff Interaction ( was Elected Official Communication Protocols) Clean copy

Council	21 February 2024
*Item 10.2 - Attachment 6*	DRAFT procedure 6.02.08 record keeping requirements for Councillors Clean copy

Council	21 February 2024
*Item 10.2 - Attachment 7*	DRAFT Policy 6.10 Communications Clean copy

Council	21 February 2024
*Item 10.2 - Attachment 8*	DRAFT New Policy 6.25 Social Media v 1 New style

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*Item 10.3 - Attachment 1*	Operational Plan Progress Report 1 July 2023 to 31 December 2023

Council	21 February 2024
*Item 10.3 - Attachment 2*	Corporate Measures July-Dec 2023

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*Item 13.2 - Attachment 1*	Layout1 - Bega Valley North

Council	21 February 2024
*Item 13.2 - Attachment 2*	Layout1 - Bega Valley Mid

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*Item 13.2 - Attachment 3*	Layout1 - Bega Valley South

Council	21 February 2024
*Item 13.2 - Attachment 4*	RU2 Forestry NSW council permittance table