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Ordinary

          Meeting Notice and Agenda

 

An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on
Wednesday, 6 November 2024 commencing at 2:00pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Russell Fitzpatrick, Mayor

Cr Mitchell Nadin, Deputy Mayor

Cr Tony Allen

Cr Simon Daly

Cr Peter Haggar

Cr Clair Mudaliar

Cr Peggy Noble

Cr Helen O’Neil

Cr David Porter

 

Copy:

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Engagement, Ms Kellie Dodge

Executive Officer (Minute Secretary), Mrs Jackie Grant

 

 

 

 


Live Streaming of Council Meetings

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

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

Publishing of Agendas And Minutes

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

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

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

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

Agency advice     

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

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

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

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 

Disclosure of pecuniary interests / non-pecuniary interests

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

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

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

Item no & subject

 

Pecuniary Interest

 

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

Significant Non-pecuniary conflict of interest

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

Non-pecuniary conflict of interest

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

Nature of interest

Be specific and include information such as :

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

·         The nature of your relationship with the person or organization

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

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

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

Print Name

 

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

Signed

 

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


Council

6 November 2024

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 16 October 2024 as circulated, be taken as read and confirmed.

3       Declarations

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

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

 

5       Petitions

 

6       Mayoral Minutes

  

7       Urgent Business

 

8       Staff Reports – Community, Environment and Planning

8.1                Development Application statistics - July to September 2024................................................. 8

 

9       Staff Reports – Assets and Operations

9.1                Bega Valley Local Traffic Committee October 2024................................................................ 13

 

10     Staff Reports – Business and Governance

10.1              Actions from resolutions of Council - Progress Report........................................................... 39

10.2              Amendment to adopted Fees and Charges............................................................................... 41

10.3              Audit, Risk and Improvement Committee (ARIC) Annual Report....................................... 109

10.4              Certificate of Investment September 2024............................................................................. 143

 

11     Councillor Reports

 

12     Rescission/Alteration Motions

 

13     Notices of Motion

13.1              Customer Review Pathway........................................................................................................ 150

13.2              Renewing Council's values......................................................................................................... 152

 

14     Questions with Notice

14.1              Cr Helen O’Neil - Electric vehicle chragers, measures and action to protect the Murrabrine Creek and expansion of the Shire’s early childhood education and care services.................. 156

 

15     Questions without Notice

 

16     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public........................... 159

              

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

6 November 2024

 

 

Staff Reports – Community, Environment and Planning

 

06 November 2024

 

8.1              Development Application statistics - July to September 2024............................. 8


Council 6 November 2024

Item 8.1

 

8.1Development Application statistics - July to September 2024     

This report provides an update on Council’s development application processing timeframes for the period July to September 2024.

Director Community Environment and Planning  

Officer’s Recommendation

That Council note the information contained in this report.

 

Executive Summary

This report provides an update on Council’s development application processing timeframes and associated challenges for the period 1 July to 30 September 2024.

During this period, the average net DA processing time (i.e. minus ‘stop clock’ days) was 93.7 days, compared to the 2023 net average of 117.77 days.  ‘Stop Clock’ days is the time taken for the Applicant to provide additional information. This time is not counted as processing time for the purpose of the ‘Deemed Refusal’ period.

The average gross DA processing time for this period was 175.96 days (compared to 159.96 days in 2023).

The results should be interpreted with caution as processing time varies based on the number and complexity of DAs received, as well as resourcing levels during the reporting period.

Background

Minister’s Statement of Expectations Order 2024

The Environmental Planning and Assessment (Statement of Expectations) Order 2024 came into effect on 1 July 2024. The Minister for Planning and Public Spaces, the Honourable Paul Scully MP, made the order to set the expectation for councils in relation to their performance of a range of planning and development functions under the Environmental Planning and Assessment Act 1979.

The Bega Valley has been set a gross average DA processing time of 115 days for the period of 1 July 2024 to 30 June 2025.

Bega Valley Shire Council’s 2023 financial year gross average was 159.96 days. In the quarter July to September 2024, the average gross processing time was   175.96 days.

Council will continue to work towards achieving the financial year gross average of 115 days as specified in the Minister’s Statement of Expectations Order 2024.

Factors affecting development assessment timeframes

Council has been experiencing the effects of a state-wide skills shortage in town planning and development engineering which has resulted in significant vacancies over the past 2-3 years. While we have recently undertaken a further round of recruitment to fill two vacant town planner positions (which should result in filling the Graduate Town Planner role), a further round of advertising for the vacant Town Planner position is being undertaken. As such, the development assessment service remains under pressure.

In an effort to address the ongoing resource pressures within the development assessment team, Council continues to utilise the services of a contract planner and a contract development engineer through Local Government NSW’s Remote Skills Contractor program.

Over the last quarter, the number of development applications being lodged has reduced slightly. Of note during the same period, there has been an increase in Section 4.55 Modification Applications submitted for assessment.

Development Application processing times

 

2023
(full year)

2024
Jan-Mar

2024
Apr-Jun

2024
Jul-Sept

2024

Jan-Sept

DAs determined+

414

70

103

88

261

New DAs received^

284

23

110

102

235

No of undetermined DAs

213 (as at 31 Dec)

229

209

172

172 (as at 30 Sept)

Average DA processing time (gross)

159.96 days

131.28 days

163.19 days

175.96 days

156.81  days

Average DA processing time (net - ie minus ‘stop clock’ days)*

117.77 days

86.15 days

91.43 days

93.77 days

90.45 days

Estimated cost of construction (approved)

$227,247,606

$32,014,287

$35,300,670

$34,268,969

$101,583,926

Notes:

-      The statistics provided here are based on current Council data and reporting mechanisms and may not completely align with data provided on the NSW Planning Portal.

-      + DAs determined does not include Modification Applications.

-      ^ Not all DAs received will necessarily go through to determination. Some are withdrawn by Applicants or are returned for more information.

-      *Stop Clock days is the time taken for the Applicant to provide additional information. This time is not counted as processing time for the purpose of the deemed refusal period.

 

Black Summer Bushfire dwelling rebuilds

 

As at Jul 2023

As at Nov 2023

As at Feb 2024

As at Jun 2024

As at Oct 2024

Total bushfire DAs received

137

139

141

143

144


The average net DA processing time (i.e. minus ‘stop clock’ days) for all bushfire rebuilds is 34.88 days. The average gross DA processing time is 43.77 days.

Options

There are no options associated with this report.

Community and Stakeholder Engagement

Engagement undertaken

Council has provided information on its website and through media enquiries and statements as needed to alert the community to delays in DA assessment timeframes as well as actions applicants and owners can take to streamline the process.

Engagement planned

No further engagement is planned as a result of this report, however website content will be updated as required to ensure the community is aware of current DA assessment challenges. Further updates to the website will be made over time to provide additional information to support applicants through the DA process.

Financial and Resource Considerations

Providing a development assessment service is a key part of Council’s core business and budget. There are no new financial impacts arising from this report.

Legal /Policy

Providing a development assessment service is a key part of Council’s core business. There are no new legal or policy impacts arising from this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Development Assessment supports the five key themes in the Community Strategic Plan:

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

B.    Our economy: A resilient and prosperous economy that supports employment and learning opportunities

C.    Our environment: We embrace sustainable living and value and conserve our natural environment

D.    Our infrastructure: Our infrastructure complements our natural surroundings and character while enhancing the lives of our community

E.    Our civic leadership: Local leadership is strong, consultative and responsive to our community’s needs

Development applications are assessed in accordance with the Bega Valley Local Environmental Plan, Development Control Plan, and state government legislation.

Environment and Climate Change

There are no environment or climate change impacts arising from this report.

Economic

There are no new economic impacts arising from this report.

Development plays a key role in supporting the shire’s economy, creating short term employment and, with commercial development, creating longer term employment opportunities.

Risk

There are no new risks arising from this report.

Social / Cultural

There are no new social or cultural impacts arising from this report. Development assessment enables housing growth and supports a connected and supported community.

Attachments

Nil

 


Council

6 November 2024

 

 

Staff Reports – Assets and Operations

 

06 November 2024

 

9.1              Bega Valley Local Traffic Committee October 2024........................................... 13


Council 6 November 2024

Item 9.1

 

9.1Bega Valley Local Traffic Committee October 2024     

This report provides the recommendations of the Local Traffic Committee (LTC) meeting held on 1 October 2024.

Director Assets and Operations  

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local traffic Committee (LTC) meeting held on 1 October 2024 as outlined below:


That Council approves the following recommendations:

1.    That, subject to conditions, Fishpen Road, Merimbula between the intersections of Marine Parade and Calendo Court be temporarily closed between 7.00am and 4.00pm on Sunday, 9 March 2025 for the Eat Merimbula Food Festival.

2.    That, the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the Eat Merimbula Festival on Sunday, 9 March 2025 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme (TGS), in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

3.    That, the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road.

 

a.            The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access.

b.            At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient.

4.    That the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place.

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

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

7.    That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and TfNSW by name for the event.

8.    That prior to the event organisers have written approval from the NSW Police Force.

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

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

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

 

Executive Summary

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

Background

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

The following submissions for Council action were received at the LTC meeting held on 1 October 2024

EAT Merimbula 2025

A submission has been received from The EAT Fellowship Incorporated, to hold their annual EAT Festival, Merimbula on Sunday 9 March 2025 from 10.00am to 2.00pm.

Eat Merimbula is a food festival celebrating local produce and local chef talent within the Sapphire Coast.

See attached: EAT Merimbula 2025

Options

1.    Accept the recommendations provided by the LTC and resolve accordingly.

2.    Reject the recommendations provided by the LTC Committee and resolve accordingly.

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

The presentation of this report to Council and the notification of outcomes to relevant stakeholders are the remaining engagement activities planned.

Financial and Resource Considerations

There are no additional financial and resource considerations associated with this report.

Legal /Policy

The legal and policy issues have been addressed through the application of conditions to manage public safety and traffic hazards via the LTC delegation from TfNSW.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environment and Climate Change

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

Economic

There are minor positive economic impacts associated with the approval of EAT Merimbula through consumption of local goods and services.

Risk

There is mitigation of traffic and public safety risk by implementing the actions recommended by the LTC.

Social / Cultural

There are minor positive social and cultural impacts as a result of this report.  Traffic management arrangements within the Merimbula – Fishpen area will enhance safer community movements during this event.

Attachments

1.         EAT Merimbula 2025

 


Council

6 November 2024

Item 9.1 - Attachment 1

EAT Merimbula 2025

 

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Council

6 November 2024

 

 

Staff Reports – Business and Governance

 

06 November 2024

 

10.1            Actions from resolutions of Council - Progress Report....................................... 39

10.2            Amendment to adopted Fees and Charges........................................................ 41

10.3            Audit, Risk and Improvement Committee (ARIC) Annual Report..................... 109

10.4            Certificate of Investment September 2024....................................................... 143


Council 6 November 2024

Item 10.1

 

10.1. Actions from resolutions of Council - Progress Report     

This report provides a progress update on Council officer actions following previous Council Resolutions.

Chief Executive Officer  

Officer’s Recommendation

That

1.    Council be provided quarterly update reports to monitor progress on implementation of Council resolutions

2.    Council notes the progress update on implementation of Council resolutions contained within this report

3.    Council endorse the completed resolutions contained within this report

 

Executive Summary

It is important that Council is transparent in its progress on implementing the resolutions of Council. This report provides a formal mechanism of accountability back to Council and provides the information openly to the community via Council’s website.

Background

Following each Council meeting Council Resolutions are tasked to an officer in Council’s electronic Report System - InfoCouncil.  Progress of actions undertaken in relation to respective resolutions is monitored internally by senior staff.

At the Council meeting of 18 May 2022, it was resolved:

1.    That Council be provided quarterly update reports to monitor progress on implementation of Council resolutions

2.    Council notes the progress update on implementation of Council resolutions contained within this report

At the Council meeting of 22 May 2024, it was resolved

1.    That Council be provided quarterly update reports to monitor progress on implementation of Council resolutions

2.    Council notes the progress update on implementation of Council resolutions contained within this report

3.    That future action progress reports include any resolutions that have been actioned since the prior report to allow Council to endorse closure of those actions

Below is a link to outstanding actions from previous Council resolutions since 14 May 2024.

Open actions from resolutions of Council for the period 14 May 2024 to 29 October 2024.

Below is a link to completed actions since 14 May 2024.

Completed actions from resolutions of Council as at 29 October 2024

Options

There are no options associated with this report.

Community and Stakeholder Engagement

There are no Community and Stakeholder Engagement requirements associated with this report.

Engagement undertaken

There has been no Engagement undertaken associated with this report.

Engagement planned

There is no Engagement planned associated with this report.

Financial and Resource Considerations

There are no direct Financial and Resource Considerations associated with this report. If Council resolved to do anything other than note the update there may be financial impacts to be considered.

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

6.11.5 of Councils current delivery program states: Support Councillors and ensure open and effective Local Government in our Shire

Environment and Climate Change

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

Economic

There are no Economic benefits/impacts associated with this report.

Risk

There are no risks associated with this report.

Social / Cultural

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

Attachments

Nil

 


Council 6 November 2024

Item 10.2

 

10.2. Amendment to adopted Fees and Charges     

Council officers have identified a duplication error with Liquid Trade Waste charges in the adopted Fees and Charges 2024-25.

Director Business and Governance

Officer’s Recommendation

That Council:

1.    Remove the Liquid Trade Waste charges from Page 61 of the adopted 2024-25 Fees and Charges

2.    Adopt Attachment 1 as the revised 2024-25 Fees and Charges commencing 16 October           2024 and ensure that all versions are updated on Council’s website. 

 

Executive Summary

Council adopted the 2024-25 Fees and Charges at the 26 June 2024 Council meeting. https://begavalley.infocouncil.biz/Open/2024/06/OC_26062024_AGN_1022_AT_WEB.htm

Staff have subsequently identified a duplication of the Liquid Trade Waste (LTW) charges. This report seeks to update the 2024-25 Fees and Charges document so there is only one set of LTW charges.

Background

A new section for the LTW charges was added under the heading Section 68 Applications for Approvals and Inspections when the 2024-25 Fees and Charges was being compiled (p38). The new section simplifies the charges, ensures they are aligned with other Section 68 food premises inspection charges and includes the addition of a non-compliance charge. Figure 1. shows the correct charges (p38).

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Figure 1. Correct Liquid Trade Waste Fees and Charges on p38 (to remain)

The superseded LTW charges on p61 were not removed when the new section was added. There is a duplication with differing prices. Figure 2. Shows the incorrect charges (p61).

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Figure 2. Incorrect Liquid Trade Waste Fees and Charges on p61 (to remove)

This report seeks to update the 2024-25 Fees and Charges document so there is only one set of LTW charges- those captured on Page 38.

Options

It is recommended that Council adopt the revised 2024-25 Fees and Charges as detailed in Attachment 1 to ensure consistency when applying the LTW charges.

Community and Stakeholder Engagement

Engagement undertaken

The adopted 2024-25 Fees and Charges that included both versions of the LTW charges were placed on public exhibition for 28 days between Wednesday 8 May 2024 and Wednesday 5 June 2024.

Engagement planned

Under Section 404 and 405 of the Local Government Act 1993 draft Fees and Charges are typically placed on public exhibition for 28 days. Given both versions of LTW charges were exhibited and this report seeks the removal of the LTW charges that have been superseded no additional public exhibition period is recommended.

Financial and Resource Considerations

Providing clarity on the correct LTW charges to apply ensures that LTW customers and Council are clear on the amounts to be charged.

The Local Government (General) Regulation 2021 defines 'liquid trade waste' as 'all liquid waste other than sewage of a domestic nature'. Businesses deemed to generate LTW require Section 68 Approval by Council. Section 68 Approvals contain conditions for pre-treatment equipment necessary to treat any LTW before it enters our sewerage system.

Council approves and regulates LTW discharges to:

·    Protect the health and safety of our staff, the public, and the environment

·    Reduce the likelihood and frequency of sewerage system blockages and overflows

·    Protect sewerage system infrastructure from corrosion

·    Protect sewage treatment processes to enable EPA licence compliance and recycled water and biosolids supply and use

·    Reduce maintenance costs and odour issues

Businesses that generate LTW include:

·    Industrial premises

·    Commercial premises such as hotels, motels, restaurants, takeaway stores, butchers, service stations, mechanical workshops, vehicle wash facilities and supermarkets

·    Community and public premises such as pools, schools, colleges, education facilities, hospitals and nursing homes

·    Any of the above activities carried out at residential premises.

·    Septic tank waste, marine pump-out facilities, and established sites for the discharge of chemical toilet contents from mobile homes, caravans or Portaloos.

Legal /Policy

This amendment ensures there is no unnecessary confusion or disputes when applying LTW charges exist for the same service.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Fees and Charges are a statutory requirement and ensure revenue is obtained for the services Council provides. Fees and charges are collected and used to meet the needs of the community outlined in our Community Strategic Plan.

Environment and Climate Change

There are no environment or climate change implications for seeking this amendment to the adopted 2024-25 Fees and Charges.

Economic

There are no economic implications for seeking this amendment to the adopted 2024-25 Fees and Charges.

Risk

The financial risk to Council (reduced sewer fund revenue) by not applying the appropriate LTW Fees and Charges is potentially around $8000. This is based on 100 inspections of Category 2 dischargers in the year being incorrectly charged an annual fee of $119 rather than an inspection fee of $196 per inspection.

Social / Cultural

Revenue generated through fees and charges supports Council in being able to deliver the diverse range of services to our community.

The LTW application fee for new premises is triggered through the DA process. The LTW application fee for existing premises is triggered if there is a change-of-use that changes the type or strength of the LTW discharged. Applications for new or existing premises usually require an inspection, so the relevant inspection fee is applied.

Category 2 dischargers are planned to be inspected once per year. Our ability to meet this requirement is dependent upon resourcing. Inspections take place with or without advance notification. Inspection charges are billed to the property owner.

Attachments

1.         2024-25 Fees and Charges_OCTOBER UPDATE

 


Council

6 November 2024

Item 10.2 - Attachment 1

2024-25 Fees and Charges_OCTOBER UPDATE

 

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Council 6 November 2024

Item 10.3

 

10.3. Audit, Risk and Improvement Committee (ARIC) Annual Report     

The purpose of this report is to present the internal audit, risk management and improvement undertakings of Audit, Risk and Improvement Committee (ARIC) during the period of July 2023 to June 2024.

Director Business and Governance

Officer’s Recommendation

That Council acknowledges the Audit, Risk and Improvement Committee (ARIC) for its work during the reporting period and continues to support ARIC in its legislated mandate to promote good corporate governance at Bega Valley Shire Council.

 

Executive Summary

The purpose of the Audit, Risk, and Improvement Committee (ARIC) annual report is to summarise the internal audit, risk management, and improvement activities conducted by Council, as observed and facilitated by ARIC. Additionally, the report aims to provide an overall opinion on the Council’s risk management, internal control, and governance arrangements.

Background

ARIC is an independent advisory committee made up of community volunteers who assist our elected officials in overseeing Council. Specifically, ARIC monitors organisational performance, fosters a culture of continuous improvement among Council officers, and provides crucial independent oversight of the Council’s operational and strategic functions. Additionally, ARIC is a mandated requirement under Part 4A of the Local Government Act 1993 (NSW) (LG Act).

Options

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

Community and Stakeholder Engagement

ARIC is an independent advisory committee composed of community volunteers who assist our elected officials in overseeing the Council. In this capacity, ARIC serves as a consultative body with independent members who perform their duties in accordance with the requirements of the LG Act.

ARIC members collectively possess a broad range of skills and experience relevant to its functions. Membership is determined through an externally advertised expression of interest process, and members are appointed by resolution of the governing body as outlined in the Guidelines for Risk Management and Internal Audit for Local Government in NSW.

Engagement undertaken

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

Engagement planned

The existing meeting arrangements will continue with the next ARIC meeting scheduled 21 January 2025.

Financial and Resource Considerations

There has been an allocation of $26,000 included in the 2024/2025 budget to conduct an internal audit.

Legal /Policy

ARIC complies with the provisions of Part 4A of the LG Act in all its dealings. A key component of ARIC’s mandate is to review the compliance measures taken by Council. Specifically, ARIC aims to determine if appropriate mechanisms are in place for managing legal and compliance risks as part of risk assessment and management arrangements. This includes ensuring that systems for monitoring compliance with relevant laws, regulations, and associated government policies are effective.

Ongoing reporting by ARIC to the governing body is a requirement of the Guidelines for Risk Management and Internal Audit for Local Government in NSW. Specifically, ARIC must provide an update to the governing body of Council on its activities and opinions after every committee meeting. A copy of the ARIC quarterly reports is attached to the annual report being presented.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2040:

E.6 - Council decision making seeks to optimise environmental, social and economic outcomes for our community, while mitigating financial, legal, environmental, reputational and safety risk.

Delivery Program 2022-25:

E6.1 - Deliver enterprise risk management and audit control programs.

Operational Plan Activity:

E6.1.1 - Develop the Audit Risk and Improvement Committee annual assurance program and report to council.

Environment and Climate Change

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

Economic

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

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

Risk

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

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

Social / Cultural

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

Attachments

1.         2023 - 2024 Audit Risk and Improvement Committee Annual Report

 


Council

6 November 2024

Item 10.3 - Attachment 1

2023 - 2024 Audit Risk and Improvement Committee Annual Report

 

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Council 6 November 2024

Item 10.4

 

10.4. Certificate of Investment September 2024     

This report details Council’s cash and investments at 30 September 2024.

Director Business and Governance

Officer’s Recommendation

1.    That Council receive and note the report on Council’s investment position at 30 September 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 30 September 2024 the total capital value of cash and investments was $144,990,646.40 with 90% 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

September-2024 (‘000)

General Fund

62,456

Water Fund

26,303

Sewer Fund

56,152

TOTAL

144,991

 

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 30 September 2024 are detailed below:

Table 1: Cash and Investments listing

Issuer

Rating

Type

Purchase

Maturity

Interest Rate (%)

Capital Value ($)

Commonwealth Bank

(Operating cash account)

AA-

CASH

-

-

4.35

4,851,190.09

Commonwealth Bank

(At Call cash account)

AA-

CASH

-

-

4.40

10,000,000.00

NSW Treasury Corporation

(Strategic Cash Fund)

AA-

CASH

-

-

-

139,456.31

Westpac

AA-

TD

30/09/2022

03/10/2024

4.78

2,000,000.00

Suncorp

AA-

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

AA-

TD

30/11/2023

29/11/2024

5.46

3,000,000.00

Bendigo and Adelaide

A-

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

NAB

AA-

TD

28/06/2024

28/01/2025

5.30

2,500,000.00

Westpac

AA-

TD

08/02/2022

10/02/2025

2.00

5,000,000.00

NAB

AA-

TD

25/09/2024

25/02/2025

5.00

5,000,000.00

NAB

AA-

TD

11/03/2024

11/03/2025

5.07

5,000,000.00

Suncorp

AA-

TD

30/11/2023

11/03/2025

5.40

2,000,000.00

ING

A

TD

15/04/2024

15/04/2025

5.19

5,000,000.00

Australian Military Bank

BBB+

TD

31/03/2023

16/04/2025

4.50

3,000,000.00

Suncorp

AA-

TD

30/11/2023

13/05/2025

5.40

3,000,000.00

ING

A

TD

28/05/2024

28/05/2025

5.27

3,000,000.00

ING

A

TD

31/05/2024

30/05/2025

5.31

1,000,000.00

BankVic

BBB+

TD

28/06/2023

17/06/2025

5.65

2,000,000.00

NAB

AA-

TD

29/07/2024

29/07/2025

5.30

2,000,000.00

Suncorp

AA-

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

BankVic

BBB+

TD

05/06/2024

05/09/2025

5.33

1,000,000.00

Westpac

AA-

TD

11/09/2023

11/09/2025

4.99

2,000,000.00

BankVic

BBB+

TD

29/07/2024

25/09/2024

5.30

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

AA-

TD

28/11/2023

28/11/2025

5.38

3,000,000.00

Westpac

AA-

TD (G)

29/02/2024

16/12/2025

4.88

5,000,000.00

Bank of Queensland

A-

TD

11/01/2024

12/01/2026

4.85

2,000,000.00

Westpac

AA-

TD (G)

08/02/2024

09/02/2026

4.84

5,000,000.00

ING

A

TD

11/03/2024

11/03/2026

4.85

5,000,000.00

Westpac

AA-

TD

28/06/2024

28/04/2026

5.20

2,500,000.00

ING

A

TD

25/09/2024

25/05/2026

4.53

5,000,000.00

Bank of Queensland

A-

TD

31/01/2024

26/05/2026

4.80

2,000,000.00

Bank of Queensland

A-

TD

28/05/2024

28/07/2026

5.00

5,000,000.00

ING Bank

A

TD

26/08/2024

18/08/2026

4.62

3,000,000.00

Westpac

AA-

TD

06/09/2023

07/09/2026

4.88

3,000,000.00

Bank of Queensland

A-

TD

25/05/2024

26/11/2026

4.95

5,000,000.00

Hume Bank

BBB+

TD

26/08/2024

08/12/2026

4.55

5,000,000.00

Suncorp

AA-

TD

11/01/2024

11/01/2027

4.88

2,000,000.00

ING

A

TD

25/09/2024

25/03/2027

4.50

2,000,000.00

Total Cash and Investments

$144,990,646.40

 

Table 2: Interest from Cash and Investments

Interest earned for September 2024

$546,156

Financial year to date interest earned

$1,595,752

Revised Budgeted interest for 2024/2025 financial year

$1,957,000

Percentage of the 2024/2025 budget earned by council

82%

 

Councils investment budget has been revised in the Quarterly Budget review Statement that will be presented to the 27 November 2024 Council meeting.

Council’s investment portfolio is largely directed towards term deposits (90%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (10%).

The investments held by Council remain sufficiently liquid with 62% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 331 days, with 60% of investments maturing within 12 months.

For the month of September, the cash and investments held by Council provided a return of 5.09% p.a. exceeding the RBA cash rate of 4.35%. The return on investments has improved over recent months reflective of the maturity of previously lower yielding term deposits that are being replaced by higher yielding term deposits.

Council continues to utilise 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 3: Investments by Fund $’000

Fund

July-2024

August-2024

September-2024

General Fund

61,826

65,684

62,456

Water Fund

26,342

27,003

26,303

Sewer Fund

51,916

55,436

56,152

TOTAL

140,084

148,123

144,991

 

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 30 September 2024 is $1,089,627.51 with $81,079.40 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 (LG Act) determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2021 (LG Regulations) 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 is reviewed every four years by Council and annually by Council officers. The policy was reviewed internally on 13 December 2023 and again in August 2024. A draft revised policy is currently on public exhibition and will close on 28 October 2024. The draft can be viewed here: Investment Policy - Bega Valley Shire Council (nsw.gov.au)

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.

As at 30 September 2024, Council’s investment portfolio included $10 million of green certified investments.

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 30 September 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

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Credit Quality Compliance

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Maturity Compliance

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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

6 November 2024

 

 

Notices of Motion

 

06 November 2024

 

13.1            Customer Review Pathway................................................................................ 150

13.2            Renewing Council's values................................................................................ 152


Council 6 November 2024

Item 13.1

 

13.1. Cr David Porter - Customer Review Pathway       

 

Notice of Motion

1.    That staff prepare a report outlining current review pathways for different types of operational decisions and prepare recommendations on how these pathways could be improved - which might include an independent body - to increase transparency, accountability and user friendliness. 

2.    That staff present the report to councillors through a committee of the whole, to discuss if the recommendations are in line with council values, especially relating to transparency and accountability.

3.    That recommendations of the committee be brought back to council for approval and implementation.

 

Background

Bega Valley Shire Council does not currently have a developed pathway for review of operational decisions, this often results in customer frustration or expensive legal action.

We often hear management saying that customers will contact multiple staff and councillors after being given a decision from council, customers are assumed to be simply unhappy with the outcome, however in some cases they dispute the basis of the decision.

Council’s current procedural framework falls under Policy 6.02 Behaviour of Councillors and Staff which is focused on complaints against people rather than decisions or policy, ironically the relevant procedure (6.02.6) contains more pages on how to protect staff from customers unreasonable complaining than to help customers solve the problems that are causing them to be unreasonable.

The Federal and State governments provide pathways for independent review of decisions through agencies such as the Administrative Appeals Tribunal and the Ombudsman. When a state or federal government agency hands down a decision they provide the customer with an escalation pathway to be followed should they be unhappy with the decision.

External agencies such as the NSW Ombudsman will only conduct a formal investigation if it appears that council conduct was unlawful of objectively unreasonable, NCAT is even more limited and costly, involving lawyers and hearings and still can only involve decisions within a rigid framework and the ICAC which investigates serious corrupt activity. Independent reviews of Council are about decisions, determinations and enforcements of legislation such as planning, council policies and procedures, these are not applicable for review by these agencies, which means filing expensive and lengthy court cases can be the only way, so it's in everyone's interest to resolve these issues promptly though a simple review process.

The benefits of this are numerous:

1.    Improves customer satisfaction through reduced frustration and better outcomes.

2.    Improve the council “brand” value.

3.    Demonstrates Transparency and Accountability.

4.    Reduces wastage of staff and Councillor time on disputed decisions.

5.    Resolves disputes without costly court action.

Staff response

Councils existing procedure for handling complaints is 6.02.6 Compliments and Complaints including Unreasonable Correspondent/ Complainant Conduct (UCCC) and can be found on Councils website at:

https://bega.pulsesoftware.com/Pulse/Public.aspx?page=publicpolicies

The procedure also refers to external complaint review pathways including the NSW Ombudsman and the NSW Civil Administrative Tribunal with information available on their websites as referred to below:

https://ncat.nsw.gov.au/case-types/administrative-review-and-regulation.html

https://www.ombo.nsw.gov.au/Making-a-complaint/complaints-we-handle

Cr David Porter

 

Attachments

Nil

 


Council 6 November 2024

Item 13.2

 

13.2. Cr Mitchell Nadin - Renewing Council's values       

 

Notice of Motion

1.    That council commit to developing a new value set applicable to Councillors and staff that sets the direction for how council will be more accountable, transparent and professional in providing community-centric services

2.    That as part of setting new values, Council also seek to better define the roles of Mayor, Deputy Mayor and Councillor

3.    That staff report to council how the new values will be embedded into the operation of council.

 

Background

Like all elections, the recent local government election was an opportunity for the community to offer valuable feedback on their overall satisfaction towards Council. While there were many compliments, there was also a clear groundswell of dissatisfaction with council that is a clear indication Council needs to reflect on how we may better meet the expectations of the community.

Messaging around the need for greater “accountability” and “transparency” were part of almost every discussion voters raised with me. Councillors will know similar views were also expressed in the draft Community Strategic Plan and Community Satisfaction Survey, both of which are to be released publicly soon. It’s important we as the elected body take this community feedback seriously and respond decisively.

As Councillors are aware there is not currently a wholistic value statement for Councillors and staff that simply and clearly articulates the manner in which we deliver what is expected of us.

Council staff have been working to “PLaCE” values for many years and there have at times been councillor values in place – both of which are missing key objectives and are needlessly convoluted.

In reviewing and setting new values it is also important to review the roles of Mayor, Deputy Mayor and Councillor so we are all clear about our expectations and responsibilities. It should be noted this motion is NOT regarding council’s code of conduct; this is a separate process regulated by the office of local government.

I acknowledge the council staff have also identified the need to modernise council’s values, but I believe this overhaul of council’s values should come from the top; it should be Councillor-led to show the community we have listened and are willing to take action. We must establish what we expect from ourselves, each other, and the council as a whole. In other words, it is the role of Council to set the strategic direction and expectations of Council. I’m happy for staff to review councillors’ proposed values and for the leadership team to be involved in there development but it needs to be Councillors that drive the process. There has clearly been enough sentiment in the community that we need to reflect on how we can improve.

To this end, I recommend that Councillors lead the development of a new set of values that primarily focus on how we can be more transparent and accountable, maintain a community focus and ensure we collectively amongst Councillors and staff serve our community in a professional way.

To get the ball rolling, I have attached the value set established by my group immediately following the election. I’m happy to for these to be the basis for council’s updated values or just be used as inspiration.

Lastly, it is important staff outline how this policy of values will be embedded in the everyday/operational running of council to make sure these values are reflected in everything we do.

Below are a suggested set of values expressed as an acronym, with detail below each letter. We call it our PACT with the community:

The Bega Valley Shire Council uses our PACT values to build trust and respect with the community by being:

·      Professional

We are courteous and kind to each other and the community.

We actively listen

We promote a safe and healthy work culture

We act with integrity and don’t abuse our authority

·      Accountable

We acknowledge our mistakes and take positive corrective action.

We ensure people have their concerns heard through a formal process.

We seek constructive feedback and take it seriously.

We encourage best practice 

·      Community-centric

We are compassionate to individual circumstances

Community members are our customers and their satisfaction is our highest priority.

We have a positive “can-do” attitude.

Consultation is genuine and leads to positive community outcomes

·       Transparent

We consider all the available evidence before making ethics-based decisions

We commit to constant improvement

We encourage independent review

We communicate effectively with the public

Staff response

Staff are supportive of a holistic value set that applies to both Councillors and staff. Staff are also in agreement that it is the role of Council to set the strategic direction and tone of the organisation.

As part of the scheduled Councillor induction program there is a planned session with an external facilitator in early December focusing on how Councillors can be strategic and effective for the community which would provide an opportunity to consider a new approach to determining the values of the organisation.

 

Cr Mitchell Nadin

 

Attachments

Nil

 


Council

6 November 2024

 

 

Questions with Notice

 

06 November 2024

 

14.1            Cr Helen O’Neil - Electric vehicle chragers, measures and action to protect the Murrabrine Creek and expansion of the Shire’s early childhood education and care services 156


Council 6 November 2024

Item 14.1

 

14.1. Cr Helen O’Neil - Electric vehicle chargers, measures and action to protect the Murrabrine Creek and expansion of the Shire’s early childhood education and care services       

Cr Helen O’Neil  

Question 1

Has Bega Valley Shire has been excluded from areas eligible for electric vehicle chargers in the NSW Government’s Round 3 Destination NSW program for fast chargers? Noting that the BVSC has not put forward sites for inclusion in a past round, is the Shire facing a situation where there are less incentives for travellers on the Princes Highway to visit Bega Valley?

Staff response

The Destination Charging Round 3 is only available in dispersed, targeted zones. These do not include any sites in the Bega Valley or Eurobodalla Shires. The nearest zone is Nimmitabel. See map below.

Previous rounds of the destination charging grants were for 7-22kW AC chargers at a wide array of eligible destinations. The current round is for 100kW DC chargers at targeted locations.

The NSW Government explains the zone selection as follows:

“For this funding round, eligible zones are areas where 24kW-100kW DC chargers are required to fill EV charging gaps along established NSW road trip routes. These routes are managed and promoted by Destination NSW and feature on the NSW Government’s official tourism website, Visit NSW.

A total of 71 zones were identified based on existing EV charging infrastructure, network constraints, traffic flow, EV uptake and charger utilisation projections.”

 

A map of the state of australia

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Noting that the BVSC has not put forward sites for inclusion in a past round, is the Shire facing a situation where there are less incentives for travellers on the Princes Highway to visit Bega Valley?

Council registered five potential sites through the NSW Government’s ‘EV charging site host expressions of interest’ in May 2023 (in Bega, Merimbula, Pambula and Eden).

Concurrently, Council sought and received expressions of interest from charge point operators interested in installing and operating EV chargers on Council managed land.

The expressions of interest received from charge point operators raised several issues that were workshopped with Councillors in October 2023. These issues included:

·    Proposed sites on community land, crown land and in the road reserve which require more complex administrative and approval processes.

·    Easements required for electrical infrastructure.

·    Unsatisfactory proposed licence agreements.

·    Specific unique constraints of several proposed sites.

·    Complexities of proposed additional complementary infrastructure.

Given these constraints, land that is classified as ‘operational’ is preferred though ‘community’ land may be considered where the proposal is appropriate under the provisions of the Local Government Act 1993 and the Crown Land Management Act 2016.

Due to resourcing constraints, resolving these issues has not been prioritised. This has been a cross-organisational project involving several departments, with various pressures and competing priorities.

Other updates

Staff are developing a draft procedure to guide our approach to hosting EV charging infrastructure on public land.

In September 2024 Council received enquiries from charge point operators seeking letters of support for funding applications for round 3 of the NSW Government’s Fast Charging grants (for 350kW chargers). Letters expressing in principle support were provided to two operators and offered to shortlisted proponents from Council’s 2023 EOI.

Question 2

Would council staff update on measures and action to protect the Murrabrine Creek from further erosion and degradation after losses of material on the banks after the Black Summer bushfires?

Staff response

Council officers have been following up on foreshore erosion, sedimentation and problematic weed issues within Murrabrine, Wilgo and Narira Creeks on a number of fronts.

·    We have recently received advice regarding the tenure of the creeks which is quite complicated. The confirmation of this advice helps with regard future approvals and on-ground works based projects.

·    Staff have undertaken detailed onsite investigations along Wilgo Creek from the Primary School to bridge, along Murrabrine Creek to the Wandella Road bridge and downstream along Narira Creek within the village

·    Further engagement is needed with property owners along Murrabrine Creek to ascertain their interest in undertaking works through their property.

·    Staff have identified preferred solutions including a mix of rock protection on the lower slopes on Wilgo Creek behind the commercial buildings to the bridge and downstream, along Narira Creek past the park to link into the existing wall behind the pool; complimented by appropriate planting of grasses and low shrubs on the upper slopes

·    The scale of the project will require substantial external funding via State or Commonwealth programs.

·    Staff are currently liaising with the project managers of the resilience centre and adjoining developments regarding the stability of the slope at the rear of these sites.

·    The Recovery team has DRFA funding approved to proceed construction of a rock retaining wall, 30m long by 5m high, which ties in with the existing rock wall from Wandella Road Bridge.  The attached image indicates the location of the embankment slip for the approved scope of work.  Chris Hedditch has provided an update that his team will proceed the fisheries permit and REF from November 2024 with works expected to commence in June 2025. 

Question 3

Would Council staff outline the process and likely timelines for the project to investigate expansion of the Shire’s early childhood education and care services as Bandara celebrates its 30th anniversary? What is the current number of clients on BVSC waiting lists for ECEC places?

Staff response

The total on the waitlist for BVSC Children’s Services for 2025 is 143 for Long Day Care and 27 for preschool.

Further breakdown is provided below:

Eden: Waitlist after first round places have been offered for 2025:

-      Preschool – 1 (but has declined a place until 2026)

-      Baby / Toddlers – 26

Bandara: Currently has 17 new children that are in the process of enrolling for January 2025. Wait list is as follows:

-      26 children for preschool aged care (either preschool or long day care)

-      117 younger children for long day care as follows:

0-2 years: 56 children

2-3 years: 35 children

3-5 years: 26 children

The above breakdown shows the extreme need in the under 2 age group. 82 children that are on the wait list are under 2 at the start of next year (across both services). The ratio of 1:4 for this group makes it very difficult to accommodate and they also need specific bedding etc. Effectively, that’s one educator trying to feed, put to sleep and change nappies for 4 babies. It is also hard to break even from intakes of this age group due to the high staffing ratio and other costs.

A fixed term part time Project Manager role to deliver the planning phase of the Childrens Services expansion project is currently being recruited with applications closing on 31 October 2024. Once this position is occupied a project plan will be developed identifying target timeframes and key stages in the expansion project, noting that no expansion will occur without identification of a significant capital funding source.

Attachments

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