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, 9 February 2022 commencing at 2:00pm to consider and resolve
on the matters set out in the attached Agenda.

 

 

 

To:

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

 

Copy:

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Events, Ms Emily Harrison

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

9 February 2022

 

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

Recommendation

That the Minutes of the Ordinary Meeting held on 24 November 2021 and the Extraordinary Meeting held on 11 January 2022 as circulated, be taken as read and confirmed.

3       Declarations

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

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

 

5       Petitions

 

6       Mayoral Minutes

6.1                Notice of Motion to Local Government NSW (LGNSW) Special Conference - FY2023 Rate Peg    9

  

7       Urgent Business

 

8       Staff Reports – Community, Environment and Planning

8.1                Request to Vary Development Standard - Jim McMahon Drive Kiah................................... 13

8.2                Advocacy for Older Australians Accessing Care Support Packages....................................... 62

8.3                2022 Eden-Monaro and Bega Election Priorities...................................................................... 65

8.4                Clause 4.6 Variations to Development Standards Approved by Council for October to December 2021 Period.................................................................................................................................. 70

 

9       Staff Reports – Assets and Operations

9.1                Proposed divestment - Lot 66 DP 1171407 Ravenswood Street, Bega................................ 75

9.2                Transfer of land to National Parks and Wildlife Service.......................................................... 87

9.3                Classification of land dedicated to Council at Kalaru............................................................... 92

9.4                Bega Sporting Complex - formalisation of tenure.................................................................... 95

9.5                Proposed divestment of Lot 1 in DP 879737 at Nullica........................................................... 99

9.6                Wyndham Men's Shed Incorporated tenure arrangement.................................................. 109

9.7                Lease to RBA Holdings Pty Ltd at Tura Beach reservoir site................................................. 114

9.8                Colombo Park Bemboka Management.................................................................................... 118

9.9                Creation of a positive covenant for APZ purposes over Council owned land at Arthur Kaine Drive, Merimbula................................................................................................................................. 227

9.10              Road closure - Calle Calle Street, Eden.................................................................................... 231

9.11              RFT 2122-034 Sapphire Coast Drive Intersection Upgrade.................................................. 255

9.12              Bermagui Harbour and Pambula Lake (Broadwater) Boat Ramp Upgrades - Concept Designs      261

 

10     Staff Reports – Business and Governance

10.1              Disposal of Assets Policy (Other than Land & Buildings)...................................................... 305

10.2              Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2021 311

10.3              Certificate of Investment November 2021.............................................................................. 418

10.4              Certificate of Investment December 2021.............................................................................. 423

10.5              Quarterly Budget Review Statement (QBRS) December 2021 (Q2)................................... 428

 

11     Councillor Reports

 

12     Rescission/Alteration Motions

 

13     Notices of Motion

13.1              Establishment of Youth Council/Committee.......................................................................... 461

13.2              Cuttagee Bridge............................................................................................................................ 465

13.3              Tathra Kerb Extensions............................................................................................................... 467

 

14     Questions with Notice

 

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........................... 471

              

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

9 February 2022

 

 

Mayoral Minutes

 

09 February 2022

 

6.1              Notice of Motion to Local Government NSW (LGNSW) Special Conference - FY2023 Rate Peg......................................................................................................................... 9


Council 9 February 2022

Item 6.1

 

6.1Notice of Motion to Local Government NSW (LGNSW) Special Conference - FY2023 Rate Peg       

Cr Russell Fitzpatrick  

Officer’s Recommendation

That Council:

1.     Submit a motion to the upcoming Local Government NSW Special Conference urging the NSW Government to overturn and undertake a review of the IPART determination that properly considers Award and Consumer Price Index increases, Covid and supply chain impacts. Noting that any reduction in services and construction of community infrastructure, as a result of continued rate pegging, will be devastating.

2.      That Local Government NSW:

a)      Reiterates the long-held position that Rate Pegging is crippling Councils in NSW, and that this problem has been further exacerbated by the recent IPART baseline rate cap of just 0.7%, the lowest rate cap in more than 20 years, further restricting Councils who are already working hard to help their communities recover from the economic and social impacts of natural disasters and the ongoing COVID-19 pandemic;

b)     Notes that the rate cap will have significant repercussions on local services to the community with a reduction in compounded income of more than $3.1 million over the next ten years.

c)      Notes that IPART's decision is based on the cost of goods in 2020 and does not recognise the increase in the cost of essential commodities such as fuel. Further noting that IPART has decided to apply the public service wage increase of 1.2%, instead of the 2% guaranteed to Council workers for 2022, leaving local Councils even further out of pocket as more costs are shifted to local government;

d)     Notes that according to the NSW Productivity Commission, cumulative negative impacts of over 40 years of rate pegging, and that the democratic process of local government elections is the most powerful protection against exorbitant rate rises;

3.     Writes to Local Member for Bega, the Minister for Local Government, and the Chief Executive of the Office of Local Government advocating for the removal of universal rate pegging in NSW, allowing duly elected Councils to set rates, in consultation with their communities, noting that the baseline rate cape of just 0.7% in 2022 is set to have a devastating economic and social impact for many local Councils and the communities they serve.

 

Background

IPART Determination

On 13 December 2021, Independent Pricing and Regulatory Tribunal (IPART) released the rate peg for the 2023 Financial Year of 0.7% plus a population factor. This rate peg is significantly lower than the percentage applied in recent years and will have a substantial impact on the financial sustainability of local councils. Bega Valley is one (1) of 81 Councils with a population factor of 0.0%.

I propose that Council put forward a motion to the upcoming Local Government NSW (LGNSW) Special Conference urging a review of the determination that properly considers Award and Consumer Price Index increases, that are also being impacted by Covid and supply chain issues.

In addition, make representations to Local Member for Bega, NSW Minister for Local Government, and the Chief Executive of the Office of Local Government, to overturn the IPART determination and advocate the removal of universal rate pegging in NSW.

Financial Impacts

It is important to consider the long-term impacts this has on Council operations and annual budgets. Not only are we seeing negative impacts each year due to 40 years of the rate peg constraining the sector, this determination, has a real impact on the services we will deliver in the coming 12 months.

The BVSC Long Term Financial Plan (LTFP) currently forecasts a rate peg of 2.5% for financial year 2023 (FY2023) estimated to generate additional revenue of $509,000. A 0.7% rate peg will only generate $187,500. Therefore, the projected revenue in FY2023 budget will be reduced by $321,500. To put the rate cap into perspective, the increase is estimated to cover only 25% of the mandated 2% salary/wage award increases (excluding wages for capital projects).

The reduction in projected income will affect the level of expenditure that Council can use to deliver core services.

In addition, Council faces other financial constrains such as:

•     The substantial increase over recent years in the Emergency Services Levy (ESL) applied by the NSW Government to BVSC. The ESL increased from $619K in FY2019, $762K in FY2020 and $788K in FY2021.

•     Council is experiencing declining investment revenues due to low interest rate environment

•     Covid has resulted in loss of income through fees and charges revenue

•     Inflationary pressures as a result of COVID are impacting supply chains.

It is also important to note that whilst the above outlines the impact in annual terms, the application of the rate peg at this level has much longer-term cumulative impacts on Council’s Long Term Financial Plan. Set out below is the rate peg applied over the past 10 years.

Industry perspective

Councils across NSW are calling for a review of this decision due to the impact on their financial sustainability with broad advocacy being undertaken by Local Government NSW (LGNSW) who have indicated in their media release dated 13 December 2021:

“IPART failed to recognise real wage cost increases, as represented by the Local Government Award increases.”

“2020-21 was an aberration and the 2020-21 cost data does not provide a reliable basis for determining the peg for 2022-23.”

“We already know that there has been a significant uptick in inflation during the first six months of 2021-22, most noticeably fuel costs have nearly doubled and building and construction materials are rapidly escalating as the result of increased activity and major shortages.

“It is certain that councils will face much higher costs across the board in 2022-23.”

Proposed way forward

It is important that Council properly considers both the immediate and longer-term impact of this determination by IPART. If left unchanged will have significant implications on council’s financial sustainability and service delivery. Specifically, if there is not a reasonable increase applied as part of the annual rate peg, noting council’s LTFP assumptions are for a 2.5% increase, then it will be necessary to review services.

The other option available to councils is to apply for a Special Rate Variation, a process that requires IPART approval. Timing of this advice by IPART and the extensive process involved in such an application means that this is not a practical or achievable option for FY2023.

As Mayor, I put forward that Bega Valley Shire Council advocate to the Member for Bega, NSW Minister for Local Government, and the Chief Executive of the Office of Local Government, in addition to submitting a motion to the LGNSW Special Conference urging the NSW Government to overturn and undertake a review of the IPART determination that properly considers Award and Consumer Price Index increases, in addition to Covid and supply chain impacts.

Attachments

Nil

  


Council

9 February 2022

 

 

Staff Reports – Community, Environment and Planning

 

09 February 2022

 

8.1              Request to Vary Development Standard - Jim McMahon Drive Kiah................. 13

8.2              Advocacy for Older Australians Accessing Care Support Packages.................... 62

8.3              2022 Eden-Monaro and Bega Election Priorities................................................ 65

8.4              Clause 4.6 Variations to Development Standards Approved by Council for October to December 2021 Period........................................................................................ 70


Council 9 February 2022

Item 8.1

 

8.1. 2021.369 Request to Vary Development Standard - Jim McMahon Drive Kiah       

 

Director Community Environment and Planning   

Applicant

SC Timms

Owner

J Thomas

Site

Part Lot 14 DP750223

Zone

E3 Environmental Management

Site area

16.19ha

Proposed development

Dwelling house

 

Officer’s Recommendation

That Council:

1      Support in principle the erection of a dwelling house on Part Lot 14 DP 750223, known as Lot 14 Jim McMahon Drive, Kiah.

2.    Seek the concurrence of the Secretary of the Department of Planning, Infrastructure and Environment pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013 for variation to the 120 hectare minimum lot size development standard specified by Clause 4.2A(3)(a) of the Bega Valley Local Environmental Plan 2013 to allow the erection of a dwelling on Part Lot 14 DP750223.

3.    Delegate to staff authority to determine the application subject to standard conditions, generally as outlined in the Draft Conditions of Consent (Attachment 1), should the Secretary of the Department of Planning, Infrastructure and Environment grant concurrence to the proposed variation to the minimum lot size development standard, in the specific exceptional circumstances of this application.

4.    Delegate to staff authority to refuse the application, should the Secretary of the Department of Planning, Infrastructure and Environment refuse concurrence.

 

Executive Summary

Development application (DA) 2021.399 is being reported to Council as it seeks a variation of greater than 10% to a development standard under Clause 4.6 of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013). The concurrence of the Secretary of the Department of Planning, Infrastructure and Environment (DPIE) is sought as the property does not have a current dwelling entitlement.

Background

Part Lot 14 DP 750223, known locally as Lot 14 Jim McMahon Drive, Kiah, is an old Parish lot in existence on Parish maps dating back to 1936.

A review of Council’s records indicates that there was an existing dwelling and two outbuildings located on the property that do not appear to have approval. The landowner occupied the dwelling until it was destroyed in the 2020 Black Summer bushfires. The landowner is currently residing in temporary accommodation on the property.

With the gazettal of BVLEP 2013, the land must meet the requirements for the erection of a dwelling on land zoned C3 Environmental Management. The land does not meet the applicable standards prescribed in Clause 4.2A, namely the 120ha minimum lot size requirement.

This application seeks variation to the 120ha minimum lot size requirement to permit the erection of a new dwelling on the allotment.

Council has been in discussions with the Department of Planning, Infrastructure and Environment regarding a number of properties that have experienced similar circumstances. The advice received states that each application would be required to demonstrate site specific merit of suitability and capability for a dwelling, consideration of the environmental and risk constraints, and consistency with Council’s Local Strategic Planning Statement 2040.

Description of the Proposal

The application seeks consent for the erection of a new 132m2 single storey, three bedroom dwelling. The property is zoned RU1 Primary Production. The allotment is 87.6% below the minimum lot size shown on Council’s Lot Size Mapping enforced by Clause 4.2A of BVLEP 2013.

The application includes a detailed geotechnical assessment report for the site including justification for the proposed variation to the minimum lot size requirement. The report details the suitability of the site for a dwelling and the capacity for on-site effluent disposal. A detailed bushfire attack level (BAL) assessment has also been undertaken for the property, demonstrating that BAL29 can be achieved for the proposed development.

Description of the Site

The site is described as Part Lot 14 DP 750223, known as Lot 14 Jim McMahon Drive, Kiah, and has a site area of 16.19ha. It is bounded by the Towamba River on its western, southern and eastern property boundaries and is dissected by the Princes Highway in the north-eastern corner.

The site has a number of road reserves traversing the property and retains existing vegetation in the northern section of the site.

Planning Assessment

The land is coned C3 Environmental Conservation under BVLEP 2013 which states that a dwelling permitted with development consent.

The objectives of the C3 zone are:

·      To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

·      To provide for a limited range of development that does not have an adverse effect on those values.

·      To provide for low density development and land use activities relating to settlement in natural surroundings, for sustainable agriculture and for other types of land uses compatible with the primary environmental values of the zone.

·      To limit residential development in environmentally sensitive areas.

The erection of a dwelling on the allotment is consistent with adjoining environmental protection and hobby farm uses and is not inconsistent the existing locality character of Kiah.

Given the residential use of the land has been long established on the property, the proposed development is not likely to adversely impact on the agricultural and conservation activities in the area.

BVLEP Clause 4.2A ‘Erection of dwelling houses and dual occupancies on land in certain rural, residential and environment protection zones’

(1)  The objectives of this clause are as follows—

(a)  to minimise unplanned rural residential development,

(b)  to enable the replacement of lawfully erected dwelling houses and dual occupancies in rural, residential and environment protection zones.

The proposed dwelling is not consistent with the objectives of this clause.

(2)  This clause applies to land in the following zones—

(e)  Zone E3 Environmental Management,

This clause applies to the proposed development.

(3)  Development consent must not be granted for the erection of a dwelling house or dual occupancy on land to which this clause applies, and on which no dwelling house or dual occupancy has been erected, unless the land—

(a)  is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or

The minimum lot size applicable to the land is 120ha. The land parcel has an area of 16.19ha.

(b)  is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house or dual occupancy was permissible immediately before that commencement, or

The lot was created prior to the introduction of local environmental planning instruments in the area.

(c)  is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house or dual occupancy would have been permissible if the plan of subdivision had been registered before that commencement, or

The subdivision was registered prior to 1936.

(d)  is an original holding, or

The land is not identified as an original holding as it was part of a larger land holding on 7 January 1966.

(e)  would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by—

(i)  a minor realignment of its boundaries that did not create an additional lot, or

(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose.

The land is not affected by either of the conditions above.

BVLEP Clause 4.6 ‘Exemptions to development standards’

Clause 4.6 of BVLEP 2013 provides for relevant development standards, such as the minimum lot size requirements in Clause 4.1A, to be varied. When considering the use of Clause 4.6 to vary a development standard the following applies:

(1)  The objectives of this clause are as follows—

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)  Development consent must not be granted for development that contravenes a development standard unless—

(a) the consent authority is satisfied that—

(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)  the concurrence of the Planning Secretary has been obtained.

As the variation sought is greater than 10%, Council officers do not have delegation to determine the application under delegated authority and the matter must therefore be reported to Council for consideration.

Given the significant departure from the development standard (87.6%), Council cannot assume the concurrence of the Secretary and cannot determine this variation to the minimum lot size requirement. Confirmation that Council supports referral of this application to the Secretary for concurrence is therefore sought via this report.

A written request to vary the development standard (Attachment 2) was submitted by the applicant citing the following supporting information:

·    The land is considered to be suitable for the proposed development

·    The long-standing use of the land for residential purposes demonstrates that there has not and will not be adverse impacts on resource lands

·    The circumstances of this particular case are so unique that it would not be possible for the written objectives of the standard to contemplate such a situation

·    The zoning of the land as RU1 Primary Production is inappropriate given the particular constraints and conditions of the Site, and for this reason the associated minimum lot size development standard is also unreasonable and unnecessary.

Staff response

After reviewing the request for variation, it is considered in this instance, compliance with the minimum lot size development standard of BVLEP 2013 would be unreasonable in these exceptional circumstances.

The applicant has adequately addressed the matters of Clause 4.6 (3) and has demonstrated the proposal to be in the public interest for the following reasons:

·    The proposal is consistent with the objectives of the C3 Environmental Management zone, and

·    The proposal is in keeping with the existing character of the Kiah locality.

Further, technical reports have been submitted as part of this DA, including a report detailing Planning for Bushfire Protection 2019 requirements can be achieved and an Aboriginal cultural heritage report and biodiversity assessment demonstrating the suitability and capability of the land to accommodate a dwelling.

Community and Stakeholder Engagement

The subject DA did not trigger notification under Council’s adopted Community Engagement Strategy therefore the proposal has not been publicly notified.

Financial and Resource Considerations

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

Legal /Policy

The variation to the minimum lot size is considered reasonable and justified on planning merit grounds in these exceptional circumstances. The reporting of this DA for determination by Council is consistent with the requirements Planning Circular PS 20-002 in requesting the concurrence of the Secretary of the Department of Planning, Industry and Environment. 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

It is also consistent with Directions 24 and 45 of the South East and Tablelands Regional Plan 2036:

·    Direction 24: Deliver greater housing supply and choice.

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

 

The proposed development is not inconsistent with Council’s adopted Residential Land Strategy and Local Strategic Planning Statement.

Environment and Climate Change

The proposed development does not present material environment or climate change impacts.  On site disposal of effluent is able to be managed and the site has low habitat value.

Economic

The proposed development will have a marginal positive benefit to the local economy.

Risk

The assessment of development is a core function of Council. There is no material impacts on Council’s operations or assets associated with the proposed residential development. Measures to address development risks are included as conditions of consent. 

Approval of a dwelling on land that does not meet the minimum lot size for a dwelling presents a risk to Council that other landowners in these circumstances may see this as a precedent.  As part of work to identify redevelopment pathways for landowners affected by the Black Summer bushfires, Council has worked closely with DPIE to identify whether risks associated with redevelopment of a limited number of properties without a dwelling entitlement can be met.  Given the exceptional circumstances of the fires, and the minimum lot size being the only material constraint to development, Council and DPIE have agreed that a development application can be considered for this small number of properties in these very limited circumstances.  This agreement expressly excludes a development pathway for landowners of other properties, whether they be bushfire-affected or not, that do not meet the minimum lot size for a dwelling.  The ability to lodge a development application under this agreement also only applies to the landowners at the time of the bushfire and not any subsequent landowner.

Social / Cultural

The proposed residential development directly supports bushfire recovery for the landowner, and contributes to the rebuilding of Kiah.

Attachments

1.         Draft Conditions of Consent, Lot 14 Jim McMahon Drive, Kiah

2.         Clause 4.6 Variation Request

3.         Section 4.15 Assessment, Lot 14 Jim McMahon Drive, Kiah

 


Council

9 February 2022

Item 8.1 - Attachment 1

Draft Conditions of Consent, Lot 14 Jim McMahon Drive, Kiah

 

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Council

9 February 2022

Item 8.1 - Attachment 2

Clause 4.6 Variation Request

 

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Council

9 February 2022

Item 8.1 - Attachment 3

Section 4.15 Assessment, Lot 14 Jim McMahon Drive, Kiah

 

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Council 9 February 2022

Item 8.2

 

8.2.  Advocacy for Older Australians Accessing Care Support Packages       

This report seeks Council’s support to advocate on behalf of the Access and Inclusion Advisory Committee to the Australian Government for changes to the National Disability Insurance Scheme and My Aged Care eligibility requirements to better support older people.

Director Community Environment and Planning  

Officer’s Recommendation

That Council:

1.    Acknowledge the funding discrepancies available under the Australian Government’s My Aged Care and National Disability Insurance Scheme to adequately support older Australians with their care needs.

2.    Write to the Hon Richard Colbeck, Minister for Senior Australian and Aged Care Services, advocating for changes to provide more adequate support to My Aged Care participants and reassess the National Disability Insurance Scheme eligibility criteria for older Australians to ensure adequate funding is provided to support greater quality of life.

 

Executive Summary

At its meeting of 15 November 2021, Council’s Access and Inclusion Advisory Committee (AIAC) resolved to request Council’s support for aged care advocacy for changes to the My Aged Care package eligibility and funding portfolio.  This report responds to that resolution.

Background

My Aged Care (MAC) and the National Disability Insurance Scheme (NDIS) are both Australian Government funding schemes that aim to provide support for older people or those with a disability to lead healthy, safe and independent lives. The main differences between the two schemes relate to the eligibility criteria and the types of support they are designed to provide.

MAC is the primary support package for anyone in Australia aged 65 years and over, or their carers to access aged care services. The main types of support funded through MAC include help with living at home independently, such as personal care, home nursing and household maintenance tasks like cleaning. MAC can also help fund respite care or short-term care, or permanent care provided by a residential aged care facility. MAC is for short-term or long-term support arrangements.

NDIS is the primary package for funding, support services, information and capacity building for people who live with a disability and who are under the age of 65. The types of support that can be accessed through NDIS support packages depend on the individual circumstances of each participant; however, they commonly include assistance with daily living activities, support to access community programs, services and activities, mobility aids and equipment, help with finding and keeping a job, and some therapeutic interventions that make living with a disability easier. NDIS is available to individuals aged between seven and 65 years of age, and have a diagnosed disability that impacts their ability to be independent.

Funding support through each scheme

There are significant differences in financial support provided between the two schemes.

NDIS funding is allocated to participants using individualised determinations for delivering reasonable and necessary supports. It is largely uncapped with support needs classified against three funding categories: core supports, capacity building supports, and capital supports. Each type of support is funded at a fixed price, set within the NDIS. The volume of support is variable. While reference packages are used to assign participants a ‘typical support package’ based on their age, disability type and level of function, this is adjusted at assessment to account for individual support needs.

MAC funding is allocated to participants using individualised determinations classified against funding bands, with funding capped within each band. This includes entry level supports, low level one and two Home Care Packages, high level three and four Home Care Packages, and Residential Aged Care. The level of funding allocated to people in residential aged care is subject to further classification using the Aged Care Funding Instrument, which divides funding levels into nil, low, medium and high classifications across three separate domains: activities of daily living, cognition and behaviours, and complex healthcare.

Each of the Aged Care Funding Instrument’s funding bands is capped without adjustment for individual support needs. The use of capped funding bands in aged care has resulted in participant prioritisation of supports matched to funds available without accounting for urgency of need. This can leave program participants contending with unmet support needs where funds are insufficient. By design, participants with means to contribute more funds to increase their support intensity are better positioned to respond to any unmet support needs.

Average funding levels differ greatly between the schemes, with an average annual allocation of $71,000 per NDIS participant compared to an average annual allocation of $16,455 per MAC participant (Speirs, 2021)Invalid source specified.Invalid source specified..

Options

The options available to Council are to:

1.    Write to the Hon Richard Colbeck, Minister for Senior Australian and Aged Care Services advocating for changes to provide more adequate support to MAC participants or reassess the NDIS eligibility criteria for older Australians to ensure adequate quality of life. This is the recommended option.

2.    Not advocate on this matter.

3.    Resolve differently on the matter. Councillors would need to identify an alternative course of advocacy action.

Community and Stakeholder Engagement

Engagement undertaken

At its meeting of the 15 November 2021, the Bega Valley Shire Council’s Access and Inclusion Advisory Committee resolved to request that Council advocate on this matter on behalf of older members of our community living with disability.

Engagement planned

Should Council resolve to adopt the recommendation, the Mayor would write to Minister Colbeck seeking changes to the support available to older Australians living with disability.

Financial and Resource Considerations

There are no material financial and resource considerations associated with the proposal.  Time to draft letters to members of Parliament is available within existing staff resource allocations.

Legal /Policy

The proposal is consistent with Council’s adopted policy position to support the AIAC and people with disability across the shire.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed advocacy effort is consistent with the following goals in the Bega Valley Shire Community Strategic Plan 2040:

        Goal 1:         We are cooperative, caring and enjoy a culturally rich community life.

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

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

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

        Goal 11:       We are an informed and engaged community with a transparent, consultative

and responsive Council.

 

Environment and Climate Change

There are no material environmental or climate change impacts to consider as part of this report.

Economic

There are no direct economic implications of the proposal. Should Council’s advocacy be successful there is potential for economic support to be extended to local people who are experiencing inadequacies in funding for their care needs under the current MAC funding.

Risk

Advocating on behalf of local people and services is part of Council’s core business. The proposal does not expose Council to additional organisational risk.

Should funding for disability advocacy or aged care services be withdrawn, there is potential for increased risk to people with a disability or who are older in relation to lack of effective representation and access to services. 

Social / Cultural

There are no material direct social or cultural implications of writing to the Minister on this matter. Should changes to funding arrangements be made, older residents with disability who do not currently have adequate access to adequate funding for appropriate care packages will directly benefit. Those who have loved ones who are currently on not receiving adequate care will also benefit indirectly.

The Bega Valley Shire is home to a higher proportion of older people than the NSW average. According to the 2016 census, 6% of residents require daily assistance with everyday tasks. That rate increases in older age groups, with almost 40% of people over 85 needing assistance.

A diverse, inclusive community creates more opportunities for all of us to contribute productively and build our combined wealth, improve our sense of community connection, and improve health outcomes.

Attachments

Nil

 


Council 9 February 2022

Item 8.3

 

8.3.  2022 Eden-Monaro and Bega Election Priorities     

This report describes Council’s key priorities for support from NSW and Australian governments to inform candidates standing for the Eden-Monaro election and the Bega by-election.

Chief Executive Officer  

Officer’s Recommendation

That Council:

1.    Support the election priorities identified in Attachment 1.

2.    Call on all candidates for the Bega and Eden Monaro elections to support these election priorities.

2.    Note that due to the short timeframe until the Bega by-election on 12 February, the Mayor and Chief Executive Officer (CEO) have commenced engagement with candidates on the priorities identified in Attachment 1.

3.    Note that engagement will be undertaken with candidates for the Eden Monaro election, as those candidates become known. 

 

Executive Summary

The upcoming elections for the NSW electorate of Bega and the Australian electorate of Eden-Monaro provide an important opportunity to inform candidates for these seats of local priorities and seek their commitment to them.

The priorities identified in this report are a sub-set of the comprehensive suite of actions identified in Council’s adopted Investment Prospectus, and build on the priorities articulated in the lead up to the 2019 NSW election and the 2020 Eden-Monaro by-election.

Background

On 30 August 2017, Council resolved to develop its first Infrastructure Prospectus. Since this time, the prospectus has been very well received including winning a RH Dougherty Award for Reporting to Your Community and eliciting the judges’ comment: "The Bega Infrastructure Prospectus is an innovative approach to attracting and portraying opportunities in the area.  It provides a broad range of options for consideration.” 

The major success of the prospectus has been the role it has played in attracting funding for projects listed across all priority areas of the document. The prospectus has shown how successful it is to have ‘top shelf’ projects, identified and planned before funding opportunities present themselves. The projects that have received the best success have been those that were ‘shovel ready’ - projects ready to go. The prospectus informed the development of the 2019 Bega election advocacy brochure and the 2020 Eden-Monaro by-election advocacy brochure.

Following the success of the Infrastructure Prospectus, Council resolved to adopt an Investment Prospectus in July 2021.  This prospectus identifies a wide range of activities that Council seeks support to deliver from higher levels of government. 

The lead-up to the Bega by-election and Eden-Monaro election in 2022 provides an opportunity to seek commitments from election candidates to invest in the key priorities identified in this more recent prospectus.

Options

The options available to Council are to:

1.    Acknowledge work undertaken in relation to the Bega by-election and work planned for the Eden-Monaro election to advocate for local outcomes. This is the recommended option.

2.    Amend the priorities proposed for advocacy in the lead-up to the Eden-Monaro election.

3.    Not advocate further for local priorities in the lead-up to the 2022 elections.

Community and Stakeholder Engagement

Engagement undertaken

The Investment Prospectus and the priorities identified in the 2022 election advocacy brochure reflect feedback received from the community over a wide range of interactions. The advocacy brochure particularly reflects feedback from the community received through consultation in 2021 to inform development of the next version of the shire’s community strategic plan.

The Mayor and CEO have met regularly with the member for Eden Monaro and the former member for Bega as part of their regular interactions with our local members.  They have also met with the Liberal candidate for Bega and have scheduled a meeting with the Labor candidate for Bega at the time of preparing this report.

Engagement planned

It is proposed that the Mayor and CEO engage with candidates for the Eden-Monaro election in the lead-up to that election. Once the election results are known, further engagement will be undertaken with the elected members.  Council’s adopted priorities will be in the public domain and will be communicated to key stakeholders as opportunities arise.

Financial and Resource Considerations

Resources to develop the election advocacy brochure and communicate it to key stakeholders are available within Council’s adopted 2020-21 budget. The priorities identified in Attachment 1 seek to address key pain points for Council and the shire, and if supported would bring much needed resources to the Bega Valley.

Legal /Policy

The proposed election advocacy effort is consistent with Council’s remit to advocate on behalf of the Bega Valley community.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The priorities identified in Attachment 1 are derived from Council’s adopted Investment Prospectus, draft Affordable Housing Strategy, Climate Resilience Strategy and resolutions of Council relating to transport infrastructure and local government funding.

Environment and Climate Change

There are limited direct environment and climate change impacts associated with the proposal to advocate for local priorities in the upcoming NSW and Australian elections. The advocacy priorities include measures to address risks from natural disasters and climate change, and accelerate transition to a circular Bega valley.

Economic

There are limited direct economic impacts associated with the proposal. The measure outlined in Attachment 1 seek to support the Bega Valley economy.

 Risk

Undertaking advocacy on behalf of the Bega Valley community is a regular activity of Council and does not introduce new organisational risks.

Social / Cultural

There are limited direct social and cultural impacts associated with the proposal. The identified election priorities include a number of activities that support the health and wellbeing of the Bega Valley community.

Attachments

1.         2022 Election Priorities Advocacy Brochure

 


Council

9 February 2022

Item 8.3 - Attachment 1

2022 Election Priorities Advocacy Brochure

 

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Council 9 February 2022

Item 8.4

 

8.4.  Clause 4.6 Variations to Development Standards Approved by Council for October to December 2021 Period     

Under Clause 4.6 of Bega Valley Local Environment Plan 2013 and Clause 65A of Bega Valley Local Environmental Plan 2002 Council is allowed some flexibility when applying planning controls to certain developments (described as Clause 4.6 variations). The following information forms part of Council’s quarterly reporting requirements for Clause 4.6 variations, in addition to quarterly reporting to the Department of Planning, Industry and Environment.

Director Community Environment and Planning  

Officer’s Recommendation

That Council note the Clause 4.6 variations approved by Council (Attachment 1) for the period October 2021 to December 2021.

 

Executive Summary

The purpose of this report is to list the development applications (DAs) approved with Clause 4.6 variations that have been reported to the NSW Department of Planning, Industry and Environment (DPIE) for the October-December 2021 quarter, for information only.

Two DAs with Clause 4.6 variations were approved within the quarter, both of which were determined by Council rather than by staff.

Background

The NSW planning system provides flexibility in planning controls by providing the ability for a Council to vary development standards in certain circumstances.

Development standards are a means to achieving an environmental planning objective and can be numerical or performance based. Some developments may achieve planning objectives despite not meeting the required development standards. The planning system provides flexibility to allow these objectives to be met by varying development standards in exceptional cases.

If an applicant wishes to vary a development standard contained within an environmental planning instrument, such as Bega Valley Local Environmental Plan 2002 (BVLEP 2002) or Bega Valley Local Environmental Plan 2013 (BVLEP 2013), their development application is to be supported by a written application outlining why compliance with the relevant development standard is unreasonable or unnecessary in the circumstances of the case.  Depending on the extent of the variation sought, and assuming the concurrence of the Director-General of the DPIE, the Council or delegated Council officers may approve such a development.

There are a number of procedural and reporting requirements for councils to ensure transparency and integrity in the planning framework. This report details the Clause 4.6 variations considered by Council and Council officers during the reporting period.

Options

This report is for information only.

Community and Stakeholder Engagement

Community and stakeholder engagement for DAs involves public exhibition and notification to adjoining neighbours of the proposed development.  Reporting of Clause 4.6 Variations to Development Standards to DPIE and Council is required on a quarterly basis.

Proposed variations to development standards cannot be considered without a written application objecting to the development standard and dealing with the matters required to be addressed by the relevant instrument.

A publicly available online register of all variations to development standards approved by the consent authority (in this case Council) or its delegates (Council officers) is to be established and maintained. This register, which is available on Council’s website (Clause 4.6 variations – Bega Valley Shire Council (nsw.gov.au)), must include the DA number and description, the property address, the standard to be varied and the extent of the variation.

Engagement undertaken

Engagement for these DAs was undertaken in accordance with Council’s 3.01 Development Administration Policy and Community Engagement Strategy. Additional reporting requirements are undertaken in accordance with DPIE’s Planning Circular PS 20-002 – Variation to Development Standards, which include reporting Clause 4.6 variations to DPIE quarterly.

Engagement planned

There is no further engagement planned as part of this reporting period.  Quarterly reports will be provided to Council for information in future.

Financial and Resource Considerations

Staff and administrative resources to complete required reporting are available within Council’s adopted budget. There are no other costs involved with reporting.   The processing of these Clause 4.6 variations, including notification to the public, has been undertaken as part of Council’s regular work program and within the adopted 2021-22 budget.

Legal /Policy

The Environmental Planning and Assessment Act 1979 (EP&A Act) sets out the planning framework in NSW and includes provision for Local Environmental Plans to guide local development. 

The Standard Local Planning Instrument includes a clause (Clause 4.6 of BVLEP2013 and Clause 65A of BVLEP 2002), which provides the ability to vary development standards contained within an environmental planning instrument.  This clause is included in both BVLEP 2002 and BVLEP 2013. 

A variation to a development standard approved under Clause 4.6 of BVLEP 2013 or Clause 65A of BVLEP 2002 requires the concurrence with the Director-General. This concurrence may be assumed where the development meets the criteria described in Planning Circular PS 20-002 – Variation to Development Standards.  A meeting of the full Council is required to determine Clause 4.6 variations where the extent of the variation is greater than 10%. Where the assessing officer is satisfied that the application to vary a development standard is less than 10% variation and concurrence with the Director-General is achieved, the Clause 4.6 variation may be approved under staff delegation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report achieves the reporting requirements described in Planning Circular PS 20-002 – Variation to Development Standards and aligns with Goal 8 of Bega Valley Community Strategic Plan 2040:

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

Environment and Climate Change

There are no direct environmental or climate change impacts to consider as part of this report. The environmental impacts of the proposed developments were considered as part of the assessment of each development.

Economic

There are no direct economic impacts to consider as part of this report. Development within the shire generates economic activity and the specific economic impacts of that activity are considered as part of the development assessment process.

Risk

There are implications for non-compliance of reporting requirements. DPIE carry out random audits of compliance to the reporting requirements. This report contributes to Council’s reporting requirements.

Social / Cultural

There are no direct social/cultural benefits or impacts to consider as part of this report. The direct impacts of development are considered through the development assessment process.

Attachments

1.         Clause 4.6 Variations Reported to DPIE October to December 2021

 


Council

9 February 2022

Item 8.4 - Attachment 1

Clause 4.6 Variations Reported to DPIE October to December 2021

 

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Council

9 February 2022

 

 

Staff Reports – Assets and Operations

 

09 February 2022

 

9.1              Proposed divestment - Lot 66 DP 1171407 Ravenswood Street, Bega.............. 75

9.2              Transfer of land to National Parks and Wildlife Service..................................... 87

9.3              Classification of land dedicated to Council at Kalaru.......................................... 92

9.4              Bega Sporting Complex - formalisation of tenure............................................... 95

9.5              Proposed divestment of Lot 1 in DP 879737 at Nullica...................................... 99

9.6              Wyndham Men's Shed Incorporated tenure arrangement.............................. 109

9.7              Lease to RBA Holdings Pty Ltd at Tura Beach reservoir site............................. 114

9.8              Colombo Park Bemboka Management............................................................. 118

9.9              Creation of a positive covenant for APZ purposes over Council owned land at Arthur Kaine Drive, Merimbula.............................................................................................. 227

9.10            Road closure - Calle Calle Street, Eden............................................................. 231

9.11            RFT 2122-034 Sapphire Coast Drive Intersection Upgrade............................... 256

9.12            Bermagui Harbour and Pambula Lake (Broadwater) Boat Ramp Upgrades - Concept Designs........................................................................................................................... 262


Council 9 February 2022

Item 9.1

 

9.1Proposed divestment - Lot 66 DP 1171407 Ravenswood Street, Bega            

Following a prolonged and unsuccessful attempt to formalise the sale of this property to the original offeree, a second formal offer has been received for the purchase of Lot 66 DP 1171407 Ravenswood Street, Bega.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report and attached Confidential Memorandum.

2.    That Council approve the divestment of Lot 66 DP 1171407 Ravenswood Street, Bega to the offeree [insert name], for the amount as offered.

3.    That all fees to finalise this matter be payable by Council from the proceeds of sale.

4.    That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and Chief Executive Officer. 

5.    That the offeree be advised of Council’s decision.

 

Executive Summary

Council accepted an offer for the purchase of Lot 66 DP 1171407 Ravenswood Street, Bega but the sale has not progressed despite much work from the property team and assurances from the prospective purchasers.  A further formal offer has now been received and Council’s consideration is requested to progress with divestment of the land parcel to the second offeree.  The request is in line with Council’s identified Land Divestment Strategy, with divestment removing this financial liability from Council.

Background

Council resolved, at its Ordinary Meeting of 27 January 2021, when considering its position on the proposed divestment of Lot 66 DP 1171407 Ravenswood Street, Bega as follows:

1.    That Council approve the divestment of Lot 66 DP 1171407 Ravenswood Street, Bega to Damian and Peta Hoyland for the amount of $120,000 including GST.

2.    That all fees to finalise this matter be payable by Council from the proceeds of sale.

3.    That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and General Manager. 

4.    That the offeree be advised of Council’s decision.

Following the Resolution of Council, officers advised the proposed purchaser of Councils decision and engaged the services of legal representative to prepare the necessary contract for sale.  Council, LJ Hooker and legal representatives have been following up the proposed purchasers regarding exchange of contracts since but to date have not received the signed Contract for Sale of land or required deposit.

LJ Hooker Bega has now formally written to Council with a second offer for the purchase of Lot 66 DP 1171407 Ravenswood Street, Bega.  Given the time since 27 January 2021 when Council resolved to proceed with the sale and lack of response from the proposed purchasers it is now recommended to proceed with the second offer as outlined in the attached Confidential Memorandum.

The parcel is currently zoned RU2 - Rural Landscape and as outlined in the detail attached to this report does not currently have a dwelling opportunity as it is below the 20-hectare minimum lot size.

Options

The options available to Council are:

1.    Proceed with disposal of Lot 66 DP 1171407 Ravenswood Street, Bega for the value as offered and resolve accordingly.

2.    Decline to accept the offer received and advise the offeree of Council’s decision and await further offers.

3.    Decline to accept the offer received and advise the offeree of Council’s decision and an agreed value for the disposal of Lot 66 DP 1171407 Ravenswood Street, Bega.

4.    Retain ownership of Lot 66 DP 1171407 Ravenswood Street, Bega.

Community and Stakeholder Engagement

Engagement undertaken

Following the Resolution on 27 January 2021, Council officers confirmed with LJ Hooker and the proposed purchaser that their offer had been accepted and advised legal representatives to issue the Contract for Sale of land.  LJ Hooker and legal representatives have been chasing the proposed purchaser since to progress that matter but have not been able to proceed to exchange of contracts.  The proposed purchaser has been investigating whether a change in zoning is possible to allow building on the land.  To ensure Council as landowner maintains transparency with relation to its responsibilities as regulatory authority the proposed purchaser was advised that Council is not be involved in any formal re-zoning application for the land parcel.

Engagement planned

Council officers will continue to consult with LJ Hooker Bega and legal representatives to action the Resolution of Council.

Financial and Resource Considerations

All options above will have additional financial and resource implications.  As outlined in the report from Councils Ordinary Meeting of 27 January 2021 a sale process includes additional officers' time and resources as well as the engagement of legal representatives and legal costs.  Costs involved in the proposed disposal of Lot 66 DP 1171407 Ravenswood Street, Bega will be offset against the proceeds of sale.

If Council retains Lot 66 DP 1171407 Ravenswood Street, Bega, Council’s financial liability for the land parcel will be retained.

It is proposed that proceeds of the sale after fees and other charges be retained in the asset renewal reserve to fund asset renewals as outlined in Council’s adopted Asset Management Plans.

Legal /Policy

Under the Local Government Act 1993 (NSW) (LG Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land.  Section 377(1)(h) of the LG Act requires a specific Resolution of Council to dispose of any land.

Council’s Acquisition and Disposal of Land Procedure may be varied to meet the needs of a particular matter, by Resolution of the Council.  The reasons for the proposed disposal of an asset below market value, however, must be clearly articulated within the report submitted for consideration by the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

A list of potential surplus land was identified in a report to Council’s Ordinary Meeting of 13 December 2017 (13.2 - Asset review- setting the framework for 2018/19 and into the refocus of the Long-Term Financial Plan).  Following the Resolution of Council, officers undertook a review of Council’s vacant operational land portfolio and Lot 66 DP 1171407 Ravenswood Street, Bega was identified as being suitable for divestment.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed divestment of land.

Economic

In accordance with Council’s adopted Financial Strategy, Council will be required to use the proceeds from the sale of ‘operational’ land to leverage investment or strategic outcomes.  Council may also use funds generated from land disposal to leverage acquisition of other land critical to the orderly development of important urban or environmental areas, and to supplement its revenue sources and minimise the demand for increasing rates above rate-pegging, or a reduction in services.

Risk

In accordance with Council’s Acquisition, dedication and disposal of land or interests in land procedure 4.10.5, disposal of land by Council requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Social / Cultural

There are no social / cultural matters associated with the proposed divestment of land.

Attachments

1.            2022.02.09 Confidential Memorandum to Councillors (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) 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 the commercial information.

2.            IPN Valuation report - Lot 66 DP 1171407 Ravenswood Street, Bega (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 the commercial information.

3.         Council report dated 27 January 2021 - Proposed divestment Lot 66 DP 1171407 Ravenswood Street, Bega

4.         Land Divestments Options Lot 66 DP 1171407 Ravenswood Street, Bega

 


Council

9 February 2022

Item 9.1 - Attachment 3

Council report dated 27 January 2021 - Proposed divestment Lot 66 DP 1171407 Ravenswood Street, Bega

 

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Council

9 February 2022

Item 9.1 - Attachment 4

Land Divestments Options Lot 66 DP 1171407 Ravenswood Street, Bega

 

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Council 9 February 2022

Item 9.2

 

9.2Transfer of land to National Parks and Wildlife Service     

This report seeks approval for the divestment of Lot 8 DP 625726 at Nadgee Road, Wonboyn to the benefit of National Parks and Wildlife Service.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council approve the divestment of Lot 8 DP 625726 at Nadgee Road, Wonboyn to National Parks and Wildlife Service, for nil compensation in accordance with Section 45 of the Local Government Act 1993.

2.    That National Parks and Wildlife Service be responsible for all costs associated with the divestment of Lot 8 DP 625726 at Nadgee Road, Wonboyn including Council’s legal costs.

3.    Council affixes the Seal of Council to any documents required to be sealed relating to the disposal of Lot 8 DP 625726 and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents.

4.    Authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the disposal of Lot 8 DP 625726 not requiring the affixing of the Seal of Council.

 

Executive Summary

This report details current negotiations with National Parks and Wildlife Service (NPWS) and option for the proposed divestment of Bega Valley Shire Council (BVSC) owned land being Lot 8 DP 625726 to formalise legal access over existing access track in use by NPWS.

Background

NPWS carried out an audit of the national park estate in the Bega Valley and approached BVSC regarding an important access track that passes over land owned by BVSC.  NPWS has indicated they would like to formalise legal access over these access tracks and proposed that NPWS register an Easement for Access over the existing track in use to provide more security for ongoing access to the national park that also addresses road maintenance and liability concerns that came up in their recent access audit.

Council officers have investigated the proposal from NPWS and are seeking Council support to progress the matter as follows:

Access to Nadgee Nature Reserve – Greenglades Road, Wonboyn

NPWS requested Council consent to register an Easement for Access over the existing track through BVSC owned Lot 8 DP625726.

Figure 1 – Diagram showing BVSC owned Lot 8 DP625726 and proposed easement route.

Additional to being used by NPWS for reserve management activities and the public for recreational activities on the park, the track is classified as a strategic fire trail.

Figure 2 – Diagram showing Fire trail map.

NPWS requested BVSC support for the registration of an Easement for Access over the existing track through Lot 8 DP625726, using an easement to give legal access to NPWS and authorise public access, with a view to resolve tenure to provide security for the following:

·    Access by NPWS for statutory park management activities,

·    Access by the public to access Nadgee Nature Reserve for recreational, conservation and cultural activities,

·    Simplifying the process for scheduling road maintenance activities,

·    Carrying out statutory responsibilities for maintaining fire trails to the required Fire Access and Fire Trail (FAFT) standard,

·    Release of indemnity to BVSC, giving NPWS the legal capacity to provide liability to any person or property in cases where the track is being used for the purpose of accessing Nadgee Nature Reserve.

Lot 8 DP625726 is BVSC owned Community land categorised Natural Area – Bushland.  Rather than register an Easement for Access over the existing track Council officers believe a transfer of this land to NPWS would be a better outcome for the following reasons:

·    Ambiguous as to why we own it,

·    No strategic value/benefit to Council,

·    Not a serviced asset with no intention to do so,

·    Contiguous with NPWS asset of community benefit,

·    NPWS have indicated a desire that it is managed to meet their needs, this could best be achieved by handing ownership to them rather than Council acting as a proxy.

Section 45(4) of the Local Government Act 1993 allows for transfer of Community land to NPWS and as this parcel has no strategic value or benefit to Council, removing this financial liability from Council for nil compensation is in line with Council’s identified divestment strategy.

Options

The options available to Council are:

1.    Approve the divestment of Lot 8 DP 625726 at Nadgee Road, Wonboyn to NPWS, for nil compensation as suggested by Council officers.

2.    Approve the divestment of Lot 8 DP 625726 at Nadgee Road, Wonboyn to NPWS, for compensation as determined by a registered Valuer.  Noting NPWS have advised they do not have a budget to acquire the land for market value.

3.    Retain ownership of Lot 8 DP 625726 at Nadgee Road, Wonboyn and approve the creation of an Easement for Access to NPWS for a compensation amount as determined by a registered Valuer.  Noting as Lot 8 DP 625726 is BVSC owned Community land the creation of an Easement for Access will need to be publicly notified in accordance with Section 47 of the Local Government Act 1993, allowing 28 days for submissions before the creation of an Easement for Access could proceed.

4.    Advise NPWS that Council does not agree to the disposal or creation of an Easement for Access over Lot 8 DP 625726.  Noting there is an existing track in use over this land parcel so formalising legal access to the benefit of NPWS is suggested by Council officers.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have been consulting with representatives from NPWS in relation to the proposal and have advised that it is Council officers’ preference to divest of Lot 8 DP 625726 at Nadgee Road, Wonboyn instead of proceeding with the creation and registration of an Easement for Access over the existing track.  NPWS representatives have advised they would support this option in principle but note the decision to accept the land for addition to Nadgee Nature Reserve would require formal approval in accordance with a formal delegation under the National Parks and Wildlife Act 1974 (NSW).

Engagement planned

Council officers will continue to consult with NPWS and legal representatives to action the Resolution of Council.

Financial and Resource Considerations

NPWS will be responsible for all costs associated with the proposal, including Council’s legal costs.

All options above will have additional financial and resource implications.  A disposal of Lot 8 DP 625726 will include additional officers' time and resources as well as the engagement of legal representatives and legal costs.  If Council retains ownership of Lot 8 DP 625726 and resolves to grant an Easement for Access in favour of NPWS, Council’s financial liability for the land parcel will be retained.

Legal /Policy

Council’s Acquisition, dedication and disposal of land or interests in land procedure 4.10.5 may be varied to meet the needs of a particular matter, to achieve strategic outcomes and in such situations, best value may comprise financial, environmental, or social elements, with a price falling below the ‘market value’ range.  It is considered entirely appropriate for Council to dispose of Lot 8 DP625726 for nil compensation for the reasons outlined in the background section of this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The disposal of Lot 8 DP 625726 at Nadgee Road, Wonboyn will proceed in accordance with Council’s Acquisition, dedication and disposal of land or interests in land procedure 4.10.5.

The proposals align with Council’s requirements under the Revised 2017 – 2021 Delivery Program 6.12.12 Develop and manage Council’s owned and managed land portfolio.

Operational Plan Project 6.12.12.1 Progress the divestment of asset and surplus land as resolved by Council.

Environment and Climate Change

There are no environmental or climate change concerns associated with the proposed disposal that are not already addressed in this report.

Economic

There are no additional economic matters associated with the proposed disposal that are not already addressed in this report.

Risk

In accordance with Council’s Acquisition, dedication and disposal of land or interests in land procedure, disposal of land and interests in land by Council requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Social / Cultural

There are no social / cultural matters associated with the proposed disposal that are not already addressed in this report.

Attachments

Nil

 


Council 9 February 2022

Item 9.3

 

9.3Classification of land dedicated to Council at Kalaru     

This report seeks approval to classify land dedicated to Council at Kalaru as operational land under the Local Government Act 1993 (NSW).

Director Assets and Operations  

Officer’s Recommendation

1.    That Council note the 28-day public notification process has been completed regarding the proposal to classify Lot 10 DP 1278152 at Kalaru as operational land, with no submissions received.

2.    That Council resolve to classify Lot 10 DP 1278152 at Kalaru as operational land under Section 31 of the Local Government Act 1993 (NSW).

 

Executive Summary

The public notification process to classify Lot 10 DP 1278152 at Kalaru as operational land has just been completed as required under the provisions of the Local Government Act 1993 (LG Act) and a Resolution of Council is now sought to finalise the classification process.

Background

Council resolved, at its Ordinary Meeting of 3 November 2021, when considering the proposed classification of Lot 10 DP 1278152 at Kalaru to commence a public notification process to classify the land parcel (Figure 1) as operational land under the LG Act.

To comply with the requirement that classification should occur within three (3) months under Section 31 of the LG Act, a Resolution of Council is now sought to classify the land as operational land.

 

Figure 1 – Subdivision approved under DA 2016.358 showing the proposed public reserve (Lot 10 DP 1278152), laneway to the west and Blackfellows Lake Road to the east.

Options

There are no further options for Council to consider in relation to the classification of Lot 10 DP 1278152 at Kalaru.

Community and Stakeholder Engagement

Engagement undertaken

Regulations have been made under section 747B of the LG Act to modify the application of the Act in response to the COVID 19 pandemic.  The amendments have been made to remove the requirement for Council notices to be advertised in newspapers and instead allow the relevant notice to be published on the Council’s website.  This is not a temporary measure and will be ongoing.

Because of the amendments, the public notice advertisement regarding the proposed classification of Lot 10 DP 1278152 at Kalaru appeared on Council’s website with the submission period closing on 6 December 2021.  No submissions were received objecting (or otherwise) to the proposal.

Engagement planned

There is no further community or stakeholder engagement required to finalise the classification of Lot 10 DP 1278152 at Kalaru.

Financial and Resource Considerations

There are no ongoing servicing costs associated with the classification of land.

Council officer time has been required to carry out the land classification process and ongoing management of future uses of the site will be required.

Legal /Policy

Section 31 of the LG Act provides that property must be classified within three (3) months of redefinition by Council Resolution or it automatically defaults to community land.  Section 34 of the LG Act further provides that a public notice of such a proposed resolution must be advertised giving 28 days for receipt of public submissions.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed classification of land algins with Council’s requirements under the Revised 2017 – 2021 delivery Program/ 2020 - 2021 Operational Plan to manage Council’s property portfolio and meet statutory obligations under the LG Act.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed classification of land.

Economic

There are no economic matters associated with the proposed classification of land.

Risk

While the land remains unclassified, the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and Council may not dispose of any interest in the land.

Social / Cultural

There are no social / cultural matters associated with the proposed classification of land.

Attachments

Nil

 


Council 9 February 2022

Item 9.4

 

9.4Bega Sporting Complex - formalisation of tenure     

This report seeks Council approval to make an application to the NSW Department of Industry – Lands and Water for Council to be appointed as Crown Land Manager of Reserve 32165 at Bega and for Ministerial consent to be given for an additional reserve purpose of public recreation to be added to Reserve 32165.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council make an application to NSW Department of Industry – Lands and Water under section 3.3 of the Crown Land Management Act 2016 (NSW) to be appointed as Crown Land Manager of Reserve 32165 (Lot 15 Section 33 DP 758076).

2.    That Council make an application to NSW Department of Industry – Lands and Water under section 2.14 of the Crown Land Management Act 2016 (NSW) for an additional reserve purpose of public recreation to be added to Reserve 32165 (Lot 15 Section 33 DP 758076).

3.    That authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the applications to NSW Department of Industry – Lands and Water.

 

Executive Summary

Council has occupied land parcels associated with Bega Sporting Complex since the 1900s, however it has come to light that formal tenure arrangements for management of one of the land parcels, being Lot 15 Section 33 DP 758076 has never been put in place with Crown Lands.  To ensure Council’s ongoing use of this land parcel at the Carp Street entry to the Bega Sporting Complex site Council approval is being sought to make an application to the NSW Department of Industry—Lands and Water to be appointed Crown Land Manager of the reserve.

Section 377(1)(s) of the Local Government Act 1993 (NSW) (LG Act) states that the making of an application, or the giving of a notice, to the Governor or Minister is a non-delegable function meaning a Resolution of Council is required for such purposes.

Background

Council resolved at its Ordinary Meeting of 16 June 2021, when considering the final concept plan for Bega Sporting Complex as follows:

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

2.    That Council endorse the lower level concept version 6 as tabled at the meeting for the Bega Sporting Complex upgrades

3.    That Council endorse the upper level concept 6b as tabled at the meeting with provision to be made for serving on the southern side of the south east kiosk and the toilets on the southern end to be designated as male and female with a urinal to be incorporated into the male toilets.

4.    That Council delegate authority to the General Manager, to endorse amendments to the design as recommended by the Project Control Group to deliver best outcomes in balancing user needs, building function and the project budget.

Following the Resolution of Council, officers progressed the necessary process requirements to ensure due diligence regarding the project.  Lands Advisory Services were engaged to review and provide Native Title advice regarding the proposal to implement Council’s Master Plan for Bega Sporting Complex.  Upon investigation it was found that there was no evidence Council had been appointed Crown Land Manager for Reserve 32165, being Lot 15 Section 33 DP 758076 (Figure 1).

Figure 1 – showing Lot 15 Section 33 DP 758076 within Bega Sporting Complex.

Council’s Master Plan includes development of Lot 15 Section 33 DP 758076 for access, parking and redevelopment of the existing skate park, mirroring the existing use of the site.  This land is Crown land being Reserve 32165 with a gazetted reserve purpose of public pound, notified 15 February 1901.  To formalise Council’s tenure over the site, an application to the Minister of Lands and Water will need to be made for Council to be appointed Crown Land Manager. 

Options

The options available to Council in relation to Council’s tenure of the site are:

1.    Make a formal application to the NSW Department of Industry – Lands and Water for Council to be appointed as Crown Land Manager of Reserve 32165 (Lot 15 Section 33 DP 758076) and for Ministerial consent to be given for an additional reserve purpose of public recreation to be added to Reserve 32165 to ensure its ongoing use as part of Bega Sporting Complex; OR

2.    Maintain the status quo. This option is not recommended as Council has no legal tenure over the site which is an integral part of the Bega Sporting Complex site.

Community and Stakeholder Engagement

Engagement undertaken

From time-to-time Council engages the services of Lands Advisory Services to assist in navigating the complexities of dealing with land where native title applies. Council engaged Lands Advisory Services to review Council’s Master Plan for the Bega Sporting Complex and provide Native Title advice.  As the Master Plan includes construction of public works Council was required to notify and give the opportunity to comment to the South Coast People under Sections 24JB(6) of the Native Title Act 1993.  In this regard notification was given on 6 August 2020 and the notification period expired on 3 September 2020. No comments were received.

In addition, as the Crown Land parcels within Bega Sporting Complex are also under an Aboriginal Land Claim, Council officers have been liaising with the Department of Planning, Industry and Environment – Crown Lands, Aboriginal Land Claim Assessment Team regarding an assessment of the claim and evidentiary materials have been provided as part of the claim assessment to show lawful use, occupation and need for an essential public purpose.  The responsibility for determining Aboriginal land claims lies with the Minister administering the Crown Land Management Act 2016 (NSW) (CLM Act).

Engagement planned

If Council approval is granted, officers will make an application to NSW Department of Industry – Lands and Water for Council to be appointed as Crown Land Manager of Reserve 32165 at Bega and for Ministerial consent to be given for an additional reserve purpose of public recreation to be added to Reserve 32165.

Financial and Resource Considerations

The Bega Sporting Complex Master Plan is funded by the NSW Government under the NSW Office of Sport Election Commitments Program.  The total funding for the project is $8.5 million, however there are no known fees associated with the application to NSW Department of Industry – Lands and Water for Council to be appointed as Crown Land Manager or for Ministerial consent to be given for an additional reserve purpose to be added to Reserve 32165.

Council officer time will be required to make the application to NSW Department of Industry – Lands and Water and ongoing management of any future uses of the site may be required.

Legal /Policy

The CLM Act authorises Councils that are appointed Crown Land Manager for dedicated or reserved Crown land to manage the land as if it were public land under the Local Government Act 1993 (NSW) (LG Act). 

In accordance with Section 3.3 of the CLM Act, the Minister may appoint Crown Land Managers for specified dedicated or reserved Crown land by a notice of the Minister published in the Gazette.  Council must, as soon as practicable after it becomes the Crown Land Manager of the dedicated or reserved Crown land, assign the land to one or more categories of community land referred to in section 36 of the LG Act.

Under section 2.14 of the CLM Act the Minister may, by notice published in the Gazette, authorise dedicated or reserved Crown land to be used for one or more additional purposes.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2017 - 2022: 1.2.4.4 Progress detailed planning, tendering and construction of the Bega Sporting Complex Project.

Delivery Program: 6.12.12- Develop and manage Council’s owned and managed land portfolio.

The Bega Sporting Complex is already currently recorded on Council’s Asset Register.

Environment and Climate Change

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

Economic

Development of the Sporting Complex Master Plan identifies projects that will increase use of the site and tourism opportunities for the Bega Valley by increasing the ability to host regional sporting, community and cultural events. Events hosted at the new Regional Sporting sites will stimulate economic benefit for the local community through visitor spend and stays.

Risk

While the land remains under the care and control of Crown Lands, Council has no legal tenure over Reserve 32165 (Lot 15 Section 33 DP 758076) which is the entry to the Bega Sporting Complex site.

Social / Cultural

The proposed redevelopments will considerably enhance the facilities for increased utilisation by sporting and community groups across the region. When completed, the facilities will be able to cater not only for local competition and training, but also provide opportunities for local and elite sport development pathways and regional coaching development.

Attachments

Nil

 


Council 9 February 2022

Item 9.5

 

9.5Proposed divestment of Lot 1 in DP 879737 at Nullica     

A formal request has been received for the purchase of Lot 1 DP 879737 at Nullica, being a closed section of the Old Princes Highway, which is landlocked.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council approve the divestment of Lot 1 DP 879737 at Nullica to the proprietors of Lot 26 in DP 750223, for $10,000 plus GST.

3.    That all fees associated with the divestment of Lot 1 DP 879737 at Nullica be payable by the proprietors of Lot 26 in DP 750223.

4.    That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and Chief Executive Officer.

 

Executive Summary

The proprietors of Lot 26 in DP 750223 have made a formal offer to purchase Council owned Operational land being Lot 1 DP 879737 at Nullica and Council’s consideration is requested to progress with divestment of the land parcel.  The request is in line with Council’s identified Land Divestment Strategy, with divestment removing this financial liability from Council.

Background

Council resolved, at its Ordinary Meeting of 13 February 1996, when considering an amendment to the Local Environmental Plan 1987 (LEP) as follows:

That Council prepare an amendment to the LEP to convert the Community land within DP 12883 to Operational land in terms of the conditions outlined in report number 5 to Council on 13 February 1996.

The report of 13 February 1996 attached for the information of Councillors outlines Council agreement to apply to the Department of Land and Water Conservation for closure of Council roads within DP 12883.  Lot 1 DP 879737 is the subject of a road closing associated with this matter which was gazetted on 30 October 1998 and an Erratum was later published in the Government Gazette on 2 July 1999.  Copies of the Government Gazette and Erratum notices are attached for Councillors showing the dedication of the closed section of road as Operational land.

Crown Lands confirmed Bega Valley Shire Council applied to close the road on 6 November 1995 with the intention that the road, when closed, would be sold to the adjoining landowner.  The road closing plan was registered on 25 August 1998 however, transfer of the portion of closed road to the adjoining landowner has never occurred.

As shown in the below diagram (Figure 1) the land is a closed section of the Old Princes Highway and is landlocked.

Figure 1 – Diagram showing Lot 1 DP 879737 at Nullica.

Options

The options available to Council are:

1.    Proceed with disposal of Lot 1 DP 879737 at Nullica for the value as offered and resolve accordingly.

2.    Decline to accept the offer received and advise the offeree of Council’s decision and await further offers.

3.    Decline to accept the offer received and advise the offeree of Council’s decision and an agreed value for the disposal of Lot 1 DP 879737 at Nullica.

4.    Retain ownership of Lot 1 DP 879737 at Nullica.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with the legal representatives acting for the proprietors of Lot 26 in DP 750223 and Crown Lands seeking any historical records available regarding the proposed transfer of Lot 1 DP 879737 at Nullica.

Engagement planned

Council officers will continue to consult with the proprietors of Lot 26 in DP 750223 and legal representatives to action the Resolution of Council.

Financial and Resource Considerations

Council officers have received a formal offer from the legal representatives acting for the proprietors of Lot 26 in DP 750223 who own the land situated on both sides of Lot 1 DP 879737.

The offer has been based on the most recent 2019 Valuer General’s valuation for the adjoining land, which is $352,000 for 44.62 hectares, this equates to $7,888.83 per hectare, Lot 1 DP 879737 is 1.15 hectares.  Accordingly, based on the Valuer General’s assessment, the land would have a value of $9,072.15.  Rather than going to the expense and delay of obtaining a formal valuation, the proprietors have offered to purchase the land for $10,000 and meet all costs in relation to the transfer.

Legal /Policy

Under the Local Government Act 1993 (NSW) (LG Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as Operational land.  Section 377(1)(h) of the LG Act requires a specific Resolution of Council to dispose of any land.

Council’s Acquisition, dedication and disposal of land or interests in land procedure 4.10.5 may be varied to meet the needs of a particular matter, by Resolution of the Council.  The reasons for the proposed disposal of an asset below market value, however must be clearly articulated within the report submitted for consideration by the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The disposal of Lot 1 DP 879737 at Nullica will proceed in accordance with Council’s Acquisition, dedication and disposal of land or interests in land procedure 4.10.5.

The proposal algins with Council’s requirements under the Revised 2017 – 2021 Delivery Program 6.12.12 Develop and manage Council’s owned and managed land portfolio.

Operational Plan Project 6.12.12.1 Progress the divestment of asset and surplus land as resolved by Council.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed divestment of land.

Economic

In accordance with Council’s adopted Financial Strategy, Council will be required to use the proceeds from the sale of ‘Operational’ land to leverage investment or strategic outcomes.  Council may also use funds generated from land disposal to leverage acquisition of other land critical to the orderly development of important urban or environmental areas, and to supplement its revenue sources and minimise the demand for increasing rates above rate-pegging, or a reduction in services.

Risk

In accordance with Council’s Acquisition, dedication and disposal of land or interests in land procedure 4.10.5, disposal of land by Council requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Social / Cultural

There are no social / cultural matters associated with the proposed divestment of land.

Attachments

1.         Council report and minutes from 13 February 1996 regarding Lot 1 DP 879737 at Nullica

2.         NSW Government Gazette and Erratum - Lot 1 DP 879737 at Nullica

 


Council

9 February 2022

Item 9.5 - Attachment 1

Council report and minutes from 13 February 1996 regarding Lot 1 DP 879737 at Nullica

 

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Council

9 February 2022

Item 9.5 - Attachment 2

NSW Government Gazette and Erratum - Lot 1 DP 879737 at Nullica

 

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Council 9 February 2022

Item 9.6

 

9.6Wyndham Men's Shed Incorporated tenure arrangement     

Wyndham Men’s Shed Incorporated currently occupies the old Rural Fire Service shed located within a section of unformed Council road reserve in Wyndham.  Their occupation of the site has been authorised by way of a five-year licence agreement which is due to expire on 28 February 2022.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council authorise the Chief Executive Officer and Mayor to execute the necessary lease documentation to provide tenure of five (5) years to Wyndham Men’s Shed Incorporated for their continued occupation of the old Rural Fire Service shed located on surplus road reserve on the corner of Norwood and Gordon Streets, Wyndham, for an annual rental fee of $8,460 plus GST per annum, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.

3.    That Wyndham Men’s Shed Incorporated be responsible for payment of all costs associated with the preparation and registration of the lease.

 

Executive Summary

The licence agreement for Wyndham Men’s Shed Incorporated to occupy the old Rural Fire Service (RFS) shed at Gordon Street, Wyndham expires on 28 February 2022 and requires renewal.

The shed is located within unformed Council road reserve, therefore in accordance with the Roads Act 1993 (NSW) (Roads Act) Council, as roads authority may lease land comprising a public road if, in its opinion, the road is not being used by the public.

Background

Wyndham Men’s Shed Incorporated has occupied the old RFS shed at Gordon Street, Wyndham since 2014, with the current five-year licence agreement due to expire on 28 February 2022.

Council carried out a public Expression of Interest (EOI) process for the use of all old RFS sheds throughout the Shire with the results of the EOI presented to Council’s Ordinary Meeting of 12 June 2013.  Council resolved at that meeting to defer the decision to allow occupation of the Wyndham shed by the Wyndham Men's Shed group, as they were not an incorporated association with NSW Fair Trading and the shed itself was located within unformed road reserve.

At the Council meeting of 24 July 2013, Council resolved to offer Wyndham Men’s Shed group a three-year licence agreement at minimum annual rental as the group had progressed the incorporation of their association and had an opportunity to apply for grant funding which would allow them to carry out further works required to occupy the building for their intended purpose.

Prior to recommending renewal of the original licence agreement, Council officers investigated the costs involved to rectify the building’s current location (and that of a public skate park) within the road reserve.  Formal road closure and first title creation was considered and presented to Council’s Ordinary Meeting of 22 February 2017, however the costs involved in completing that process exceed the benefits and Council resolved as follows:

1.    That Council approve a further five (5) year Licence to Wyndham Men’s Shed Incorporated for their continued occupation of the old Rural Fire Service shed located on surplus road reserve on the corner of Norwood and Gordon Streets, Wyndham at minimum annual rental.

2.    That the General Manager and/or Mayor be authorised to execute the Licence Agreement documentation.

Figure 1: Diagram showing location of Wyndham Men’s Shed.

Options

The options available to Council are:

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

2.    Council officers could carry out a public EOI process for the use of the old RFS shed, however continuing with the current occupancy arrangements is the preferred option especially given Wyndham Men’s Shed Incorporated have significantly invested in the shed and take full maintenance responsibly for the asset.

3.    Other options, as raised and resolved by Councillors.

Community and Stakeholder Engagement

Engagement undertaken

Wyndham Men’s Shed representatives have been consulted regarding their future tenure and have indicated they wish to continue with occupation of the site.

Engagement planned

As Council officers intend to issue five (5) years tenure, in accordance with the provisions of section 154 of the Roads Act if Council, as roads authority agrees to grant a lease, it must:

·    Before granting a lease, cause notice of the proposed lease to be published in a local newspaper, and to be served on the owner of each parcel of land adjoining the length of public road concerned.

·    The notice must identify the public road concerned and must state that any person is entitled to make submissions to the roads authority with respect to the proposed lease, and must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.

Financial and Resource Considerations

As mentioned previously in the report, Council officers investigated the costs involved in formally closing the section of road reserve to create a parcel of land and offer long term tenure of the site.  A quotation for the survey work and plan preparation was also obtained at the time.  A breakdown of those costs is outlined below for the information of Councillors:

·    Preparation of survey plan: $4,840

·    Council’s legal costs: $3,500

·    LRS plan registration fees: $1,800

These costs will have increased since 2017 and due to limited funding sources and revenue potential, Wyndham Men’s Shed Incorporated do not have the funds available to cover the above road closure costs.

Council does not have a budget available to proceed with the road closure process on behalf of Wyndham Men’s Shed Incorporated, therefore it is recommended to maintain the status quo and issue tenure under the provisions of the Roads Act.

In accordance with Council’s Management of Leases and Licences Procedure, a market rental valuation has been commissioned from IPN Valuers in December 2021 (attached) which indicates a starting rental figure in the order of $8,460 plus GST per annum, to be increased annually by CPI (All Groups –Sydney).

Wyndham Men’s Shed Incorporated will be able to apply for a rental rebate, in line with Council’s Rental Assessment and Rebate Procedure which will be evaluated using the matrix contained in the procedure to determine a rental figure prior to entering into any tenure arrangement.

Council officer time has been required to liaise with Wyndham Men’s Shed representatives in relation to a new tenure arrangement.  Further officer resources will be required to finalise the new tenure arrangement and manage the agreement during its term.

Legal /Policy

Section 153 of the Roads Act provides that a roads authority may lease land comprising a public road to the owner or lessee of land adjoining the public road if it is not being used by the public as road.  The term of any such lease, together with any option to renew, must not exceed five years.

Wyndham Men’s Shed Incorporated have indicated they would like the longest-term tenure possible, and it is therefore suggested that a further five-year lease be offered for their continued occupation of the site.

In line with Independent Commission Against Corruption (ICAC) Guidelines, to maintain transparency and avoid any suggestion of impropriety, Council officers have considered whether direct negotiation with the current occupant is appropriate in this instance.  It is recommended a further public EOI process not be conducted for the following reasons:

1.    The proposed lease is to be granted to a not-for-profit community group who have a voluntary management committee comprising of local representatives and is for a term of five years only.

2.    Wyndham Men’s Shed Incorporated provides an important social activity for members of the local community by providing men the opportunity to come together and discuss issues relating to their life such as health and work.  In addition to this, they also hold weekly woodwork and construction sessions for year five and six students.

3.    Wyndham Men’s Shed Incorporated have over the term of their current tenure funded various improvements to the old RFS shed.

4.    Wyndham Men’s Shed Incorporated are responsible for the on-going maintenance and structural integrity of the building.

5.    The demand for rebated community space within the Wyndham area is considered low, with the costs involved in carrying out a market testing/public competition process exceeding the rental achievable for the site once a rebate has been applied.

6.    Staff are required to complete Pecuniary Interest returns annually and no conflict of interest has been disclosed.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program: 6.12.12- Develop and manage Council’s owned and managed land portfolio.

The old RFS shed is owned by Bega Valley Shire Council and is included in Council’s Building Asset Management Plan.  Wyndham Men’s Shed Incorporated are responsible for the ongoing maintenance to the old RFS shed.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed lease to Wyndham Men’s Shed Incorporated.

Economic

The lease agreement to Wyndham Men’s Shed Incorporated provide an economic benefit to Council and the community.

Risk

There are no adverse risks in allowing the old RFS shed to be occupied by Wyndham Men’s Shed Incorporated if their use is authorised by way of a formal lease agreement which contains appropriate indemnity and insurance clauses.

Social / Cultural

As mentioned previously in this report Wyndham Men’s Shed Incorporated provides an important social activity for members of the local community by providing men the opportunity to come together and discuss issues relating to their life such as health and work.  In addition to this, they also hold weekly woodwork and construction sessions for year five and six students.

Attachments

1.            IPN Valuation report Wyndham Men's Shed - Norwood Street, Wyndham (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 9 February 2022

Item 9.7

 

9.7Lease to RBA Holdings Pty Ltd at Tura Beach reservoir site     

Council approval is sought to offer RBA Holdings Pty Ltd further tenure of nine (9) years for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council approve tenure of nine (9) years in the form of 3 x 3-year leases to RBA Holdings Pty Ltd for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental of $11,700 plus GST per annum less a rental rebate of 67%. This equates to a starting rate of $4,247.10 per annum plus the additional fees associated with co-location of an additional entity.

3.    That RBA Holdings Pty Ltd, be responsible for the payment of all costs associated with the lease extension.

4.    That Council authorise the Chief Executive Officer and Mayor to execute all necessary             documentation to provide the extension of tenure.

 

Executive Summary

The current lease agreement for RBA Holdings Pty Ltd (RBA) to occupy part Lot 2 DP 826717 at Tura Beach reservoir site for telecommunication purposes is due to expire on 22 May 2022.  Council approval is being sought to enter into a new lease agreement with RBA for a further nine (9) year term.

Background

Council resolved at its Ordinary Meeting of 28 February 2012, when considering the proposed construction of a 50-metre-high digital television tower on Lot 2 DP 826717, being the Tura Beach reservoir site as follows:

1.    That Council agree to RBA Holdings Pty Ltd constructing a digital television tower at its Tura Beach reservoir site subject to negotiation of a suitable commercial lease based on market rates principles, obligations on lessee to maintain tower and operations to CASA requirements, Council operational needs and Occupational Health and Safety considerations, and a suitable development application.

2.    That Council authorise the General Manager to execute the required documents.

RBA Holdings Pty Ltd (RBA) was subsequently granted development consent (DA 2012.97) for the erection of a 50-metre-high digital television broadcast repeater facility and a five plus five-year lease was formalised.  This lease is due to expire on 22 May 2022.

A formal market rental valuation was obtained from Opteon Valuers on 22 February 2012, which outlined that an annual market rental of $12,500 plus GST could be obtained for the portion of Lot 2 DP 826717 being occupied for telecommunication purposes.  At the time the lease was established RBA was provided with a 40% rebate off market rent as a non-profit, community television broadcaster and commenced with a starting rental of $7,500 per annum plus GST.  This amount has been indexed annually by CPI, with a current rental payable of $9,799.87 per annum.

Under the terms of the lease agreement between Council and RBA co-location on the site by additional commercial broadcasters is permitted with the written approval of Council to ensure transmission equipment will not interfere with Council telemetry located on the nearby water reservoir.  Any co-location results in a rental increase of $2,500 (plus GST) per annum plus any applicable CPI increases after the first year of the lease, pro-rata from the date that an additional commercial broadcaster commences occupation of the site.

Council resolved at its Ordinary Meeting of 28 October 2020, when considering a request from the NSW Telco Authority to co-locate on the RBA tower as follows:

1. That Council receive and note the report.

2. That Council approve tenure of 20 years in the form of 4 x 5-year leases to the NSW Telco Authority for its proposed land lease of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental as determined by a registered Valuer.

3. That the NSW Telco Authority or its representative, Visionstream Australia Pty Ltd, be responsible for the payment of all costs associated with the lease.

4. That Council authorise the General Manager and Mayor to execute all necessary documentation to provide tenure of 20 years.

This co-location will result in a rental increase of $2,500 (plus GST) per annum plus any applicable CPI increases after the first year of the lease. This figure is not subject to any rental rebate.

Options

The options available to Council are:

1. Accept the recommendation provided by Council officers to grant tenure to RBA for their continued occupation of part Lot 2 DP 826717 and resolve accordingly.

2. Maintain vacant possession of Lot 2 DP 826717 for Council purposes. Noting the land is already burdened by the existing RBA telecommunication tower and Council approved for a further ground lease to the NSW Telco Authority for 20 years on 28 October 2020 so any extension of the current arrangement is considered is considered low risk.  The powers and immunities under the Telecommunications Act 1997 and the Telecommunications Code of Practice 2018 should also be noted.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the proposed extension of tenure with representatives from RBA who have indicated they would like an extension of the current tenure of nine (9) years in the form of 3 x 3-year leases.

Engagement planned

Council officers will continue to liaise with RBA and legal representatives to formalise the extension of tenure.

Financial and Resource Considerations

An updated market rental assessment was commissioned by Council from Opteon Valuers in December 2021 (attached) which indicates a starting rental figure in the order of $11,700 plus GST per annum, to be increased annually by CPI (All Groups –Sydney).  In accordance with Council’s Management of Leases and Licences Procedure, an updated market rental valuation will be commissioned every five (5) years to determine the appropriate rental for the following five (5) year term.

RBA is a member-based organisation formed by commercial regional broadcasters to re-transmit terrestrial digital television services in areas known as ‘black spots’ to implement the Commonwealth Government’s policies.  Without RBA, many people in remote rural areas would not receive a terrestrial digital television signal.

With areas such as the Bega Valley experiencing unprecedented hardship with droughts, flooding, bushfires, and a global pandemic, providing a digital terrestrial television signal to ‘black spot’ communities is important for the dissemination of information and RBA is essentially providing a community services which is why they have applied for a rental rebate, in line with Council’s Rental Assessment and Rebate Procedure.  The application was evaluated using the matrix contained in the procedure by a panel of Council officers that included representatives from Property Services, Economic Development and Information Technology teams and the rental rebate achieved was determined to be 67%, a substantial increase from the previous rebate of 40%.  The new annual commencing rental payable by RBA taking into consideration the market rental valuation and rebate is $4,247.10 per annum.

Liaison with external legal representatives will be required to arrange the new lease documentation.  Ongoing management of the lease agreement during the term will also require Council officer resources.

Legal /Policy

Lot 2 DP 826717 is Council-owned Operational land zoned SP2 Infrastructure under the Bega Valley Local Environmental Plan 2013.

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three (3) years must be in the approved form and Section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines, requires a lease for a term exceeding three (3) years to be registered on title.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program: 6.12.12- Develop and manage Council’s owned and managed land portfolio.

RBA is fully responsible for the ongoing maintenance and structural integrity of the tower, cabinet and equipment at the site, therefore not included on Council’s Asset Register as a liability.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed lease extension.

Economic

The lease agreement to RBA provides an economic benefit to Council and the community.

Risk

It has been determined by Council officers that there are no adverse risks in allowing the land to continue to be occupied by RBA if the use is authorised by way of a formal lease agreement which contains appropriate indemnity and insurance clauses.

Social / Cultural

As mentioned in the financial and resource considerations section of this report without RBA, many people in the Bega Valley would not receive a terrestrial digital television signal which is important for the dissemination of information to the community.

Attachments

1.            Opteon Valuation Lot 2 DP 826717 Sapphire Coast Drive, Tura Beach (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 9 February 2022

Item 9.8

 

9.8Colombo Park Bemboka Management     

As a result of Bemboka Lions Club revoking trusteeship of Colombo Park, a Council resolution is being sought to include Colombo Park, Bemboka into Council’s Sportsgrounds Facility Management Plan.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council revokes the appointment of Bemboka Lions Club as Trustees for Colombo Park, Bemboka and the constitution for the management of the site and progress a Facility Management Plan for the site which is consistent with other Bega Valley Shire Council managed sportsgrounds sites.

3.    That Council endorses the attached amended Facility Management Plan including the attached Draft Appendix 10 Bemboka Colombo Park Facility Management Plan.

 

Executive Summary

A Facility Management Plan (FMP) was endorsed by Council in 2016 and reviewed in 2020 for the Shire’s Sportsgrounds. The FMP covers nine (9) Bega Valley Shire Council (BVSC) managed sportsgrounds with established site committees.  However, Colombo Park, Bemboka was not included in the FMP as it remained under the trusteeship of the Bemboka Lions Club which included a constitution outlining use and management of the site.  As the trustee conditions were no longer applicable to the current management of the site, a site committee consisting of representatives from the Lions Club, Rugby League Club and Soccer Club was established.  The site committee volunteer nominations will be included in the future report to Council regarding other new sportsground site committee nominations.

This report looks to revoke the 1972 trusteeship agreement with Bemboka Lions Club and apply a Sportsground FMP to the site, consistent with other BVSC managed sportsgrounds sites in the Shire.

Background

Council resolved at its Ordinary Meeting of 18 December 1972, when considering the management of Colombo Park, Bemboka to appoint Bemboka Lions Club as trustees of the site.  A copy of the resolution is attached for the information of Councillors.

Council officers have recently discussed the options for the ongoing oversight, maintenance and repairs of Colombo Park, Bemboka (Lot 124 DP 750203) with representatives from the Bemboka Lions Club and it has been determined that the current trustee agreement cannot be continued in its present form.

The alternative solution offered was for Colombo Park, Bemboka to move to the FMP model with maintenance and operational tasks completed by Council, the site committee and user groups.  This model has been in place at the site in an informal manner for the past four (4) years and the Bemboka Lions Club have formally agreed to this model moving forward.  Council officers have proposed the Bemboka Lions Club continue with this arrangement and continue to facilitate a regular Sports Ground Committee meeting to fill the role of principal liaison with Council.  This arrangement will alleviate the need for multiple clubs to contact Council and will aim to see all user groups on the same page with the status of repairs and maintenance.  All user groups will also be able to have input into Colombo Park via the FMP for the site.

As Council formally resolved at its Ordinary Meeting of 20 August 1973 to approve a constitution setting out rules and regulations for the management of the site with Bemboka Lions Club, Council may, by resolution replace the previously approved constitution with the proposed FMP which is consistent with how Council manages other sportsground sites in the Shire.

Options

The options available to Council in relation to Council’s management of the site are:

1.    Resolve as recommended so the future management of Colombo Park, Bemboka is consistent with other Council owned and managed sportsground sites in the Shire, OR

2.    Maintain the status quo.  Noting this option is not recommended as Bemboka Lions Club has formally advised Council, they cannot continue to manage the site as per the terms of the constitution.

Community and Stakeholder Engagement

Engagement undertaken

An initial meeting was held with the Bemboka Lions Club and representatives from the soccer and rugby league clubs on 20 October 2020.  A second meeting was held on 3 May 2021 with stakeholders and on 5 May 2021 the Bemboka Lions Club met and agreed to revoke the trusteeship and adopt the FMP model.  The draft FMP was circulated at a meeting held on 16 November 2021 with representatives from all clubs and on 3 December 2021 the draft FMP was agreed upon for reporting to Council. 

Engagement planned

Council officers will notify the Colombo Park Site committee of the resolution of Council.

Financial and Resource Considerations

The FMP sets out assets on the site, the various tasks involved in managing those assets and which group (BVSC, user groups, site committee) will undertake service delivery.  This is done considering the type of activity, the available skills and capacity within the organisations and if the activities relate to use by a specific group.  A commercial rate is applicated as cost estimates to each task which in turn provides a BVSC operations and maintenance budget estimate for the site; as well as a value on the volunteer contribution in operating the site.  A breakdown of these costs in included in the attached draft FMP.

Council officer time is required to liaise with representatives from the Bemboka Lions Club and ongoing management of future uses of the site will require Council officer time.

Legal /Policy

There are no statutory dealings or other dealings regarding the appointment of a trustee or reference to any legislation regarding trustees recorded on the certificate of title for Lot 124 DP 750203.  Council was appointed the trustees of Colombo Park by Government Gazette No. 69 dated 30 June 1961.

Council used its powers under Section 530A of the Local Government Act 1919 (now repealed) to appoint the Bemboka Lions Club as trustees of the Colombo Park, Bemboka by resolution.  The Rules and Regulations (constitution) were put to Council for approval on 20 August 1973, therefore Council may, by resolution, replace the previously approved constitution with the proposed FMP.

The following provisions of the Local Government Act 1993 have been relied on in forming the view that a Resolution of Council is the appropriate mechanism in these circumstances to revoke the current management arrangements.

Section 8A Guiding principles for councils

(1) Exercise of functions generally

The following general principles apply to the exercise of functions by councils--

(a) Councils should provide strong and effective representation, leadership, planning and decision-making.

(b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.

(c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

(d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements.

(e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community.

(f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

(g) Councils should work with others to secure appropriate services for local community needs.

(h) Councils should act fairly, ethically and without bias in the interests of the local community.

(i) Councils should be responsible employers and provide a consultative and supportive working environment for staff.

(2) Decision-making The following principles apply to decision-making by councils (subject to any other applicable law)--

(a) Councils should recognise diverse local community needs and interests.

(b) Councils should consider social justice principles.

(c) Councils should consider the long term and cumulative effects of actions on future generations.

(d) Councils should consider the principles of ecologically sustainable development.

(e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions.

(3) Community participation Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

Section 24 Provision of goods, services and facilities and carrying out of activities

A council may provide goods, services and facilities, and carry out activities, appropriate to the current and future needs within its local community and of the wider public, subject to this Act, the regulations and any other law.

Section 355 How a council may exercise functions

A function of a council may, subject to this Chapter, be exercised--
(a) by the council by means of the councillors or employees, by its agents or contractors, by financial provision, by the provision of goods, equipment, services, amenities or facilities or by any other means, or
(b) by a committee of the council, or
(c) partly or jointly by the council and another person or persons, or
(d) jointly by the council and another council or councils (including by means of a joint organisation or a Voluntary Regional Organisation of Councils of which the councils concerned are members), or
(e) by a delegate of the council (which may, for example, be a joint organisation or a Voluntary Regional Organisation of Councils of which the council is a member).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council adopted the current Sportsgrounds FMP on 25 November 2020, and it is proposed moving forward that the management of Colombo Park be consistent with the planning, management, maintenance, operation and use as outlined in that plan.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed changes to the management of Colombo Park, Bemboka.

Economic

There are no economic matters associated with the proposed changes to the management of Colombo Park, Bemboka.

Risk

A Risk Management Plan is included in the Sportsgrounds FMP.  The FMP approach aids in risk management by identifying operating and maintenance tasks and service delivery.  There are no identified additional risks associated with the endorsement of the Draft Bemboka Colombo Park FMP.

Social / Cultural

Sportsgrounds are highly valued by the Bega Valley Shire community with many residents participating as a player, administrator, or spectator.

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

There are currently twelve (12) sportsground sites either owned or managed by Council across the Shire, with volunteer committees in place at most sites and working in partnership with Council.

Attachments

1.         Council report dated 18 December 1972 - Appointment of Bemboka Lions Club as Trustee of Colombo Park, Bemboka

2.         Council report dated 20 August 1973 - Management of Colombo Park, Bemboka

3.         Formal letter from Bemboka Lions Club revoking trusteeship of Colombo Park, Bemboka

4.         Draft Appendix 10 Bemboka Colombo Park Facility Management Plan

5.         Amended Sportground Facility Management Plan

 


Council

9 February 2022

Item 9.8 - Attachment 1

Council report dated 18 December 1972 - Appointment of Bemboka Lions Club as Trustee of Colombo Park, Bemboka

 

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Council

9 February 2022

Item 9.8 - Attachment 2

Council report dated 20 August 1973 - Management of Colombo Park, Bemboka

 

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Council

9 February 2022

Item 9.8 - Attachment 3

Formal letter from Bemboka Lions Club revoking trusteeship of Colombo Park, Bemboka

 

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Council

9 February 2022

Item 9.8 - Attachment 4

Draft Appendix 10 Bemboka Colombo Park Facility Management Plan

 

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Council

9 February 2022

Item 9.8 - Attachment 5

Amended Sportground Facility Management Plan

 

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Council 9 February 2022

Item 9.9

 

9.9Creation of a positive covenant for APZ purposes over Council owned land at Arthur Kaine Drive, Merimbula     

Council has received a formal request for the creation of a positive covenant for Asset Protection Zone purposes over Council owned operational land at Lot 120 DP 847899, Arthur Kaine Drive, Merimbula.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council approve the creation of a positive covenant over Lot 120 DP 847899 at Arthur Kaine Drive, Merimbula in accordance with the Conveyancing Act 1919 to the benefit of the adjoining landowner of Lot 121 DP 847899 as outlined in the report of 9 February 2022.

3.    That all costs associated with the creation of the positive covenant be met by the landowner of Lot 121 DP847899 including but not limited to legal costs, survey costs and registration fees.

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

 

Executive Summary

The landowners at Lot 121 DP 847899 Arthur Kaine Drive, Merimbula have formally requested Council approval for the creation of an Asset Protection Zone (APZ) over Council owned operational land being Lot 120 DP 847899 to enable a determination of their development application.

In accordance with section 377 of the Local Government Act 1993 (NSW) (LG Act) the burdening of Council land is a non-delegable function and must be reported to Council.

Background

Council has received a formal request from the landowners at Lot 121 DP 847899 Arthur Kaine Drive, Merimbula for Council approval to create an APZ over Council owned operational land being Lot 120 DP 847899 to enable a determination of their development application (2021.333) to be made.  The vegetation setbacks to achieve the required Bushfire Attack Level (BAL-29) to progress development of the site requires the landowner to seek an easement for the partial placement of the 24m APZ along the southern elevation of Lot 121 DP 847899 on the neighbouring Council land being Lot 120 DP847899 and rear road reserve.  The road reserve is adjacent to the site at the end of Ocean Drive and is 20m wide.  The APZ extends along the power line easement to the Lot 121 DP 847899 boundary corner, it then continues to the southern boundary. (Figure 1).

Figure 1: Diagram showing APZ requirements over Council owned land being Lot 120 DP 847899 and rear road reserve.

Lot 120 DP 847899 at Arthur Kaine Drive, Merimbula is a Council owned operational land parcel that forms a key part of the operational requirements for the Merimbula Airport and is located directly to the south of the runway under the flight path.  The parcel of land is part of the Obstacle Limitation Surface (OLS) and is crucial to the future ongoing Airport operations.  Granting of an APZ over this land parcel would need to ensure maintenance of the vegetation in accordance with the OLS in perpetuity and enable Council to amend if the Civil Aviation Safety Authority (CASA) implements changes to the runway extension of the buffer zones for the Merimbula Airport.

Options

The options available to Council are:

1.    Approve the creation of a positive covenant over Lot 120 DP 847899 at Arthur Kaine Drive, Merimbula to the benefit of the adjoining landowner of Lot 121 DP 847899; OR

2.    Advise the landowner that Council does not agree to the creation of a positive covenant over Lot 120 DP 847899 at Arthur Kaine Drive, Merimbula and maintain the status quo.  Noting Council is currently responsible for maintaining the vegetation in accordance with the OLS in perpetuity so the granting of a positive covenant over Lot 120 DP 847899 will reduce this financial maintenance liability from Council.

Community and Stakeholder Engagement

Engagement undertaken

Consultation has been undertaken with the landowners Architect regarding the APZ requirements over Lot 120 DP 847899.

Consultation has also been undertaken with Council’s Airport Manager in relation to maintenance requirements associated with the vegetation in accordance with the OLS.

Engagement planned

Council officers will continue to liaise with the adjoining landowner, their representatives and Council legal representatives to action the Resolution of Council.  The landowner will be required to engage the services of a surveyor to prepare a plan of proposed easement for APZ purposes and legal representative to finalise the relevant documentation for registration at NSW Land Registry Services (LRS).

Financial and Resource Considerations

The landowner of Lot 121 DP 847899 will be responsible for all costs associated with the creation of a positive covenant over Lot 120 DP 847899 at Arthur Kaine Drive, Merimbula, including Council’s legal costs, survey work, plan preparation and LRS registration fees.

An application fee of $855 as per Council’s fees and charges has been paid by the landowner for Council officers’ time to progress the matter.  Compensation will also be payable by the landowner for the creation of a positive covenant over Council’s land which will be determined by a registered Valuer.

If Council does not approve the creation of a positive covenant over Lot 120 DP 847899 at Arthur Kaine Drive, Merimbula for APZ purposes, Council’s financial liability for the maintenance of the land parcel will be retained.

Legal /Policy

APZ’s must be created by way of positive covenant in accordance with the Conveyancing Act 1919 (NSW).  The positive covenant documentation should ensure that:

·    The registered proprietor(s) of the land which is benefited by the positive covenant shall:

Be responsible for maintenance of the APZ and any ongoing associated cost.

Indemnify Council against any loss, injury or damages incurred undertaking the activities defined in the APZ Management Plan or from failure to maintain the APZ to the RFS approved standards.

The APZ will usually be shown as a designated site on the face of the plan but may also be simply defined by description in the terms of the positive covenant, e.g., ‘over the strip of land 24m wide adjoining the southern elevation of Lot 121 DP 847899'.

The notification relating to the positive covenant will be entered on the title for the burdened land set out in an instrument and registered on the title for the land at LRS.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal is consistent with Council’s adopted land use planning strategies to achieve efficient utilisation of land identified for residential development and support active transport and consistent with Council’s adopted position not to accept establishment and maintenance of private APZ on Council land without a formal positive covenant registered over the parcel of land.

Environment and Climate Change

As outlined in the background section of this report Council has vegetation maintenance requirements for this land parcel as part of the OLS and in accordance with CASA requirements which must be adhered to in perpetuity for the Merimbula Airport.

Economic

There are no material economic impacts associated with the proposal that have not already been addressed in this report.

Risk

In accordance with Council’s Acquisition, dedication and disposal of land or interests in land procedure, disposal of land and interests in land by Council requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

The proposal seeks to reduce costs to Council for ongoing management of the required APZ.

Social / Cultural

There are no relevant social / cultural impacts associated with the creation of the positive covenant.

Attachments

Nil

 


Council 9 February 2022

Item 9.10

 

9.10. Road closure - Calle Calle Street, Eden     

Council approval is being sought to commence the road closure assessment process under Division 3 of the Roads Act 1993 (NSW) to enable ongoing legal access to Lot 5 DP 740471 at 100 Calle Calle Street, Eden.

Director Assets and Operations  

Officer’s Recommendation

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

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

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

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

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

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

 

Executive Summary

Council approval is being sought to commence the road closure assessment process under Division 3 of the Roads Act 1993 (NSW) (Roads Act) to enable ongoing legal access to Lot 5 DP 740471 at 100 Calle Calle Street, Eden.

Background

Council has received a formal request to commence the road closure assessment process under Part 4 Division 3 of the Roads Act to close a section of road reserve which adjoins Lots 4 and 5 DP 740471 at 100 Calle Calle Street, Eden to enable ongoing formal legal access to Lot 5 DP 740471 as it has recently been sold off from Lot 4 DP 740471.

Council officers have considered the permanent closing of the section of road reserve and sale to the adjoining landowner and provided the infrastructure (sewer treatment plant effluent outfall pipe) and access is maintained via formal easements, are supportive of the proposed closure.

The applicant’s legal representatives conducted a road status search which identified the road corridor as Council road.  To finalise this process Council now intends to exercise its power pursuant to Part 4 Division 3 of the Roads Act to close the Council public road.

A plan of the section of road reserve which is the subject of the permanent road closure application is shown below.

From 1 July 2018, all NSW Councils were given power to close a Council public road, pursuant to Part 4 Division 3 of the Roads Act, however the vesting of Council roads on closure process remains unchanged by the amendments to the Roads Act.  When a constructed Council public road is closed, it remains vested in Council and Council may facilitate the subsequent sale of the land and receive the proceeds of sale. 

As the NSW Department of Industry – Lands and Water (the Department) no longer has the power to close unconstructed Council roads, Councils are required to process the closure of suitable unconstructed Council public roads even though the roads will vest in the Crown upon closure.  In this case it is Council officers’ intention to provide the Department with written declaration of road construction within the road corridor, to facilitate the subsequent sale of the portions of closed road to the applicant.

Options

The options available to Council are to:

1.    Approve the proposal received from the applicants for the closure of a section of surplus Council public road in Eden which adjoins Lots 4 and 5 DP 740471 at 100 Calle Calle Street, Eden; OR

2.    Advise the applicant that the proposed road closure is not supported by Council.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have liaised with legal representatives regarding the unconstructed section of road corridor and following a status investigation it has been determined the subject road is under Bega Valley Shire Council’s control and management as per Gazette notice dated 28 November 1986 Folio 5849.  A copy of the road status search is attached for the information of Councillors.

Engagement planned

Under section 38B of the Roads Act, notification of the proposal to close a Council public road must be published on Council’s website and be given to all owners of land adjoining the road, and all notifiable authorities as prescribed by the Regulations.

The notice must identify the road that is proposed to be closed and must state that any person is entitled to make submissions to the Council with respect to the closing of the road and must indicate the way and the period (being at least 28 days) within which, any such submission should be made.

Financial and Resource Considerations

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

In addition to these costs, the applicant will pay Council the current market value of the land as determined by an independent valuer as well as Council’s road closure application fee of $2,655.

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

Legal /Policy

If consent is granted to the proposed road closure, Council's Property officers will complete the road closure assessment process under Division 3 of the Roads Act and by notice published in the Government Gazette, formally closing the surplus public road reserve. 

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environment and Climate Change

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

Economic

There are no economic matters associated with the proposed road closure that have not already been addressed in this report.

Risk

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

Social / Cultural

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

Attachments

1.         Crown Land road status search Calle Calle Street, Eden

 


Council

9 February 2022

Item 9.10 - Attachment 1

Crown Land road status search Calle Calle Street, Eden

 

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Council 9 February 2022

Item 9.11

 

9.11. RFT 2122-034 Sapphire Coast Drive Intersection Upgrade     

This report details the outcome of evaluation of Tender RFT 2122-034 Sapphire Coast Drive Intersection Upgrade and provides recommendations to progress the project.

Director Assets and Operations  

Officer’s Recommendation

1.      That Council accept the recommendations in the confidential attachment relating to RFT 2122-034 Sapphire Coast Drive Intersection Upgrade.

2.      That Council reject all the tender submissions in relation to contract for the works described in Tender RFT 2122-034 Sapphire Coast Drive Intersection Upgrade

3.      Delegation be given to the Acting Chief Executive Officer to negotiate with tenderers and other interested parties to investigate alternative submissions.

4.      The funding body be notified of the identified shortfalls and an extension of time sought while value engineering and other funding options are explored.

5.      That consideration be given to using Local Roads and Community Infrastructure funding to increase the available project funds.

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

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

 

Executive Summary

Australian Government Funding was secured for the upgrade of Sapphire Coast Drive and Berrambool Drive intersection in Merimbula through the 2020/21 Black Spot Program. The aim of the project is to upgrade and realign the intersection, so that through traffic on Sapphire Coast Drive would have priority over Berrambool Drive, to ease congestion and reduce the likelihood of crashes and near misses at the intersection.

Background

The project is based on historical crash data, vehicle movements and community reports, with improved safety and improved traffic flows the key goals.

Council commissioned a Road Safety Audit to formally investigate concerns raised by the community and identify any other issues with the current intersection design. The Consultant who undertook the Road Safety Audit has spent time at the site as part of the audit process. The designer who has developed the detailed design has also spent time at the site observing traffic movements as well as being a frequent visitor to the area for many years.

As a major transport route, the proposed intersection has been designed to cater for the movement of semi-trailers. Turning paths for a semi-trailer have been checked with the vehicle sufficiently manoeuvring through the intersection.

The continuation of Sapphire Coast Drive (to travel South and West) has been identified as the major road or path of travel, both through visual observations, a Road Safety Audit and through traffic count data collected on the three approaching roads to the intersection.

A roundabout was investigated in the concept design phase but does not fit within the current road reserve at the location. To construct a roundabout that could cater for semi-trailer movements, there would need to be significant land acquisitions along with significant earthworks to build up the bank to the Southwest. Both the land acquisitions and earth works are outside the budget for the project. Physical constraints and associated costs are key factors into why a roundabout has not been proposed for this location.

Public Tenders for the construction of the intersection upgrade were invited via VendorPanel in November 2021. The tender documents were accessed by 51 potential tenderers, four attended the mandatory site meeting on 1 December 2021, with two providing submissions when the Tender period closed on 15 December 2021.

Tenders were assessed in accordance with Council procedures and for this particular project assessed on a 50% price to 50% non-price weighting with a high importance put on proposed traffic management arrangements. Other areas associated with the non-price score were but not limited to, experience completing similar projects, support of local business, support for indigenous business development/participation project management plans and proposed construction program.

Options

1.         Proceed with the proposed design

Seek further external funding sources to undertake construction of the proposed design at no additional cost to Council.

If external funding sources are not sought, there are insufficient funds currently available internally to cover the shortfall without significant service reductions in other areas of Council’s maintenance and/or upgrade programs.

2.         Negotiate with interested parties

Council could proceed to enter into negotiations with contractors interested in undertaking the project that may be able to provide an alternative to the proposed design, whilst still achieving the objectives of the project.

The potential to “value engineer” the project would result in a lower quality product with a substandard design life resulting in lower capital investment but larger maintenance costs and greater frequencies of maintenance undertakings.

Negotiating with interested parties would still need the assistance of more external funding sources, as it is believed the current available funding still would not cover the costs of reduced scope.

3.         A combination of Options 1 and 2

Seek additional funding sources and negotiate with interested parties on alternate and value engineered solutions

4.         Do nothing (currently), await findings from transport study

Council has only recently engaged a consultant to undertake a transport study encompassing all of Merimbula, this study is inclusive of motorised transport, pedestrian and cyclist movements. The study may provide or conclude that alternative intersection arrangements are better suited to that location and provide a better ‘big picture’ approach to pedestrian/cyclist paths of egress and desire lines.

As previously mentioned, the site is well known for its near misses, crashes and congestion over peak tourist seasons, these issues will continue to occur until an alternative arrangement for the intersection is constructed.

If the transport study does determine the current proposal is the most suitable option, then the delay in obtaining additional funding will result in further construction rate increases making the project more expensive in the future.

This would warrant a return of the funds to the funding body.

It is worth noting that with any of the proposed options, the funds already received by Council and the requirements of the funding agreement mean that the project should be completed by 31 May 2022.  Council will need to either seek an extension of time from Transport for NSW or return the funds if an appropriate extension of time is not available.

Community and Stakeholder Engagement

Engagement undertaken

Council distributed a public media release and social media post relating the upgrade on 29 September 2021, notifying the wider public of the intention to undertake the project.

A property owner directly affected by intersection realignment at 2 Berrambool Drive has also been in direct contact with council officers and has provided comment that has been considered in the design.

Engagement planned

Council will coordinate with the Contractor to ensure that the community is kept informed of traffic and pedestrian adjustments.

Financial and Resource Considerations

Council applied for and successfully received funding through the Australian Government Black Spot Program.

Item

$ Excl GST

Expenditure Detail

 

Realignment of Sapphire Coast Drive/ Berrambool Drive intersection

Confidential

 

 

Total Expenditure

Refer to Confidential Memorandum

 

 

Source of Funds

 

<approved budget|revenue funded>

$0

Grant Income | Australian Government Black Spot Program

$506,125

<reserve funds|name of reserve

$0

Total income available

$506,125

 

 

Total Project Capital Cost

Confidential

Total Available Construction Funding

$506,125

Project Funding Shortfall

Refer to Confidential Memorandum

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Capital Investment | Upgrade

$ 506,125 

Annual maintenance and operational costs

Depreciation costs

t.b.c

User charges (annual income)

N/A

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The construction of the Sapphire Coast Drive and Berrambool Drive Intersection aligns with the Community Strategic Plan, Outcome 5: Connected Communities:

‘Goal 10: We have a network of good quality roads, footpaths and cycleways connecting communities throughout the Shire and beyond ‘

The project is externally funded by the Australian Government.

Environment and Climate Change

The Contractor is required to produce an Environmental Management Plan meeting the requirements of government regulations and industry guidelines during construction activities, which will be monitored by Council and project staff.

Economic

If the project were to be funded solely through external funding it would not add financial stress to the capital works program in regard to a contribution by Council. By undertaking the project using external funds it would also reset the maintenance schedule for this asset freeing up maintenance allocations/works that were planned to occur in the near future.

Risk

A key risk identified within the Road Safety Audit was the observations that drivers approaching the intersection from Sapphire Coast Drive turning right to continue on Sapphire Coast Drive (to travel South) would only look right giving little to no consideration to traffic approaching from the left (to the North) from Berrambool Drive. This is believed to be based on the driver’s expectation that all traffic will be travelling along Sapphire Coast Drive.

Given the ratio of traffic continuing along Sapphire Coast Drive or Berrambool Drive is approximately a 10:1 ratio, realigning the road to prioritise the major traffic route of Sapphire Coast Drive will significantly minimise this risk for the majority of the vehicles.

Social / Cultural

The intersection realignment has taken into consideration key locations and paths of travel for both pedestrians and motorised transport. The design provides pedestrian crossings and the start of an additional link between the Berrambool Sporting Complex and the existing footpath network.

Attachments

1.         Sapphire Coast Drive and Berrambool Drive Intersection Realignment Design Plan

2.            Confidential memorandum to Councillors regarding RFT 2122-034 Saphire Coast Drive Intersection (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 the commercial information.

 

 

 


Council

9 February 2022

Item 9.11 - Attachment 1

Sapphire Coast Drive and Berrambool Drive Intersection Realignment Design Plan

 

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Council 9 February 2022

Item 9.12

 

9.12. Bermagui Harbour and Pambula Lake (Broadwater) Boat Ramp Upgrades - Concept Designs     

This report provides an update on the concept designs for the Bermagui Harbour and Pambula Lake (Broadwater) Boat Ramp Upgrades and seeks that Council endorse these concepts to allow designs to progress through to construction.

Director Assets and Operations  

Officer’s Recommendation

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

2.    That Council endorse the final concept designs for the Bermagui Harbour and Pambula Lake (Broadwater) Boat Ramp Upgrades.

3.    That Council approves the Chief Executive Officer, or their delegate, to proceed with the project following endorsement of these concept designs.

4.    That Council delegate authority to the Chief Executive Officer, if required, to endorse minor amendments to the design to fit within the project budget.

 

Executive Summary

Council, in collaboration with the appointed marine design consultant, CW Henstock, developed concept designs for:

·    Bermagui Harbour Boat Ramp, Bermagui

·    Pambula Lake (Broadwater) Boat Ramp Upgrade

The development on the concept designs involved the following:

·    Development of a Community Advisory Group for both boat ramp projects.

·    Extensive consultation, liaison and design input from the funding partner, Transport for NSW (Maritime)

·    Facebook notification of the concept designs inviting the community to provide feedback

The concept designs specifically target the objectives of the NSW Boating Now program and BVSC asset renewal priorities. These objectives consider a whole of site approach informed by Council’s Maritime Infrastructure Plan (February 2014). These are outlined in the Background section below.

Background

Council was successful in securing grant funding under the Transport NSW “NSW Boating Now” Program (Round 3). A Funding Deed was signed and executed in September 2020.

The two (2) boating facilities were identified following a review of Council’s Maritime Infrastructure Plan, developed through 2013 and published in February 2014.

This Plan identified both short term and medium/long term scopes of work for each facility. These scopes subsequently informed the grant applications, resulting in the following deliverables to be designed and constructed within environmental and heritage constraints at each facility:

Bermagui Harbour Boat Ramp, Bermagui:

·    Replacement of the existing boat ramp with a new reinforced concrete three lane boat ramp

·    Installation of an additional pod to the pontoon to increase capacity 

·    Upgrade and sealing of the car parking area

Pambula Lake (Broadwater) Boat Ramp, Broadwater:

·    Replacement of the boat ramp with a three-lane reinforced concrete boat ramp

·    Installation of an additional pod to the pontoon to increase capacity

·    Installation of lighting

·    Upgrade to the exit road

A Request for Quotation (RFQ) process to select a preferred marine design consultant (RFQ 2021-98 Design RFQ – Boating NOW Round 3 Projects) was undertaken with a preferred consultant chosen from a competitive list of contractors.

CW Henstock were selected as the preferred consultant and appointed in May 2021

Options

1.    Council endorses the attached final concept designs enabling the project to progress to detailed design, procurement and then construction.

 

2.    Council does not endorse the final concept designs; noting that this will impact on the project program, funding agreement and project delivery.

 

Community and Stakeholder Engagement

As part of engaging with the community, Council officers established a Community Advisory Group (CAG) for both of boat ramp upgrade projects.  Key community and stakeholder groups were represented as detailed below.

Community Advisory Group members

Bermagui Harbour Boat Ramp

Pambula Lake Boat Ramp

Bermagui Big Game Anglers Club Inc. - President

Oyster Growers Association - representative

Bermagui Chamber of Commerce and Tourism - President

Pambula Fishing Club - representatives

Fishing representative

Oyster grower representative

Access and Inclusion Advisory Committee representative

Access and Inclusion Advisory Committee representative

 

 

 

 

 

 

 

Initial concept designs were presented to both groups with a view to gauge their feedback on these design concepts.  Both projects presented various challenges that were raised during the evolution of the concept design process. 

For example, an issue became apparent during the designing of the Pambula Lake Boat Ramp project that some commercial operators, namely the oyster farming community, were unable to launch their punts from anywhere other than at the existing location.  A solution to provide a temporary launching area was provided by BVSC to overcome this issue. 

Similarly, for the Bermagui Boat Ramp project, an issue in how to incorporate compliant inclusive access to the existing pontoon meant that a new pontoon was designed on the Northern side of the proposed boat ramp and that the existing pontoon would not be upgraded but left to function as it currently does for the remainder of its useful life. The existing pontoon would not be renewed at the end of its useful life.

Council has recently received a submission from a neighbouring resident of the Pambula lake boat ramp and this submission will be considered when finalising detailed designs.

Engagement undertaken

Regular meetings were held with both Community Advisory Groups (CAG) during the concept design process. Evidence of these meetings and the discussions had and actions arising from the meetings are attached to this report.

Regular contact with key Transport for NSW (TfNSW) staff has enabled a sound concept design for both projects to be presented to Council.  Engaging with the funding body has provided many benefits particularly for Bermagui Harbour project where we were able to deconflict construction timings with a proposed dredging project in the harbour scheduled for early in 2022.

One of the main benefits of consulting with the funding body has been their in-principle agreement for Council to design for 2 lane reinforced concrete boat ramp at the Pambula Lake (Broadwater) boat ramp upgrade project rather than the 3 lane ramp as specified in the initial funding deed.  Evidence of this consultation is attached to this report.  A Variation Request will be forwarded to TfNSW to address this proposed variation once the concept is endorsed.

Once concept designs reached a point that both the CAG and the funding body (TfNSW) were happy with, the designs for both projects were posted on BVSC’s Facebook page on the 8 December, 2021.  This Facebook posted netted 5 responses, 25 likes and 11 shares with a reach of over 8,000 people who viewed this post at least once.  Comments received from the Facebook post has not required any further amendment to the concept design at the time of drafting this report.

Engagement planned

Further engagement and consultation will occur as required during the detailed design phase of the project especially with respect to fine tuning elements of both designs.

Financial and Resource Considerations

The Boat Ramp Upgrade Projects are jointly funded through the NSW Government’s Boating NOW Program and a 25% contribution from Council.

Funding Source

Bermagui Harbour Boat Ramp Upgrade

Pambula Lake (Broadwater) Boat Ramp Upgrade

Boating NOW Round 3 Projects

Boating NOW

$660,122

$699,497

$1,359,619

BVSC

$220,040

$233,165

$453,205

Total Funding Available

$880,162

$932,662

$1,812,824

 

Item

$ Excl GST

Expenditure Detail

 

Planning and Approvals

$19,500

Design

$77,000

Project Management and Contingency

$166,324

Construction

$1,550,000

Total Expenditure

$1,812,824

 

 

Source of Funds

 

 

 

Boating NOW Round 3

$1,359,619

BVSC - Recreation reserve funds

$453,205

Total income available

$1,812,824

 

 

Total Project Capital Cost

$1,812,824

Total Available Construction Funding

$1,812,824

Project Funding Shortfall

$0

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Capital Investment | Upgrade

$1,812,824

Annual maintenance and operational costs

$8,000

Depreciation costs

50 year useful life.

Depreciation = $18,000 per annum based on $900,000 per boat ramp

User charges (annual income)

$0

Legal /Policy

The tender process conducted for RFQ 2021-98 for the appointment of a design consultancy complies with Council’s Procurement Policy and Procedures and the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Feedback received in response to the “Understanding Our Place” community engagement process, which subsequently informed the Community Strategic Plan (CSP), included “improved recreation facilities and spaces”. This feedback links to CSP:

Outcome 1 Active and Healthy Communities - specifically, the second goal of this outcome of “access to good quality recreation and sporting facilities.”

 

Environment and Climate Change

Given that these two boat ramp upgrade projects are a renewal of the existing assets, the impacts on environmental values and contribution to climate change are minimal. 

The Pambula Lake (Broadwater) boat ramp upgrade project is situated in an environment of sensitivity whereby impacts to water quality during construction may impact on nearby Oyster leases.  This impact is considered to be minimal given the small extent of earthworks required for this project.   The renewal of the exit road and its scour protection means that there will be less erosion of this road asset.

A Review of Environmental Factors (REF) will be completed and relevant licences permitting construction works will be obtained through DPI Fisheries prior to commencing works.

Economic

Fishing and boating are popular recreational pastimes for both locals and visitors. It is known that people travel to the area to participate and take advantage of the waterways of the Bega Valley. Fishing events are held which attract large numbers of visitors to the area.  Improved facilities enable better access and economic benefits that are likely to flow from the NSW Boating Now facility upgrades for each of the respective communities via promotion of good quality, safe recreational boating facilities.

Risk

There are few risks associated with the planning and delivery of these upgrades. One risk is that the projects exceed the planned budget.

Careful planning and consideration of the budget from the outset via the design development process, communication with the funding partner and also benchmarking against similar recently completed upgrades (e.g. Bermagui River and Beauty Point Boat Ramp upgrades) means this risk is minimal.

Continued engagement throughout the life of the project via a Project Control Group that includes representatives of the design, delivery and key user groups, will help mitigate any design discrepancies that may be identified.

Social / Cultural

The delivery of this program of works is likely to bring strong benefits to the respective communities. Each community has invested time and effort in the consultation process, with positive feedback and constructive input received for both sites.

This consultation will help to bring about greater user ‘ownership’ of the facilities and hopefully, greater enjoyment of these recreational facilities.

Attachments

1.         Bermagui Harbour Boat Ramp - Concept Design

2.         Pambula Lake (Broadwater) Boat Ramp Upgrade - Concept Design

3.         Consultation with Pambula Lake (Broadwater) Boat Ramp Upgrade CAG

4.         Transport for NSW feedback on Pambula Lake Concept Design

5.         Transport for NSW - feedback on Bermagui Harbour Concept Designs

6.         Transport for NSW feedback on Concept Designs to be displayed on public exhibition

7.         Pambula Fishing Club - endosrement of concept design

8.         Consultation with Bermagui Harbour Community Advisory Group re: concept designs

9.         Harbour Boat Ramp Community Advisory Group endorsement of concept design

10.       Letter of Support - Pambula Boat Ramp concept design Sapphire Coast Wilderness Oysters

 


Council

9 February 2022

Item 9.12 - Attachment 1

Bermagui Harbour Boat Ramp - Concept Design

 


 


Council

9 February 2022

Item 9.12 - Attachment 2

Pambula Lake (Broadwater) Boat Ramp Upgrade - Concept Design

 


 


 


Council

9 February 2022

Item 9.12 - Attachment 3

Consultation with Pambula Lake (Broadwater) Boat Ramp Upgrade CAG

 

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Council

9 February 2022

Item 9.12 - Attachment 4

Transport for NSW feedback on Pambula Lake Concept Design

 

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Council

9 February 2022

Item 9.12 - Attachment 5

Transport for NSW - feedback on Bermagui Harbour Concept Designs

 

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Council

9 February 2022

Item 9.12 - Attachment 6

Transport for NSW feedback on Concept Designs to be displayed on public exhibition

 

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Council

9 February 2022

Item 9.12 - Attachment 7

Pambula Fishing Club - endosrement of concept design

 

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Council

9 February 2022

Item 9.12 - Attachment 8

Consultation with Bermagui Harbour Community Advisory Group re: concept designs

 

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Council

9 February 2022

Item 9.12 - Attachment 9

Harbour Boat Ramp Community Advisory Group endorsement of concept design

 

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Council

9 February 2022

Item 9.12 - Attachment 10

Letter of Support - Pambula Boat Ramp concept design Sapphire Coast Wilderness Oysters

 

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Council

9 February 2022

 

 

Staff Reports – Business and Governance

 

09 February 2022

 

10.1            Disposal of Assets Policy (Other than Land & Buildings).................................. 307

10.2            Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2021........................................................................................................................... 313

10.3            Certificate of Investment November 2021....................................................... 421

10.4            Certificate of Investment December 2021........................................................ 426

10.5            Quarterly Budget Review Statement (QBRS) December 2021 (Q2)................. 431


Council 9 February 2022

Item 10.1

 

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

It is recommended that Council implement a formal Policy relating to the Disposal of Assets. Following consultation with staff and taking into consideration similar Policies and Procedures within other Council’s a new Draft Policy has been developed for adoption by Council.

Director Business & Governance  

Officer’s Recommendation

1.    That Council endorse draft Policy 6.24 Disposal of Council Assets (Other than Land & Buildings)

2.    That Policy 6.24 Disposal of Council Assets (Other than Land & Buildings) be exhibited for a period of 28 days.

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

 

Executive Summary

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

Staff from Council’s Procurement and Contracts team have worked closely with key stakeholders in Council to develop this draft Policy. Collaboration with other Councils was also undertaken to ensure a contemporary approach aligned with industry practices.

Background

In 2010 Bega Valley Shire Council undertook significant work redeveloping its Policies and Procedures. On 10 August 2010 Policy 5.08 was adopted which replaced 1.3.3 “Procurement of Assets and Services” and subsequently 1.3.3 along with all associated Procedures were revoked. Amongst these was Procedure 1.3.3(f) “Procurement and Disposal of goods and services”. Unfortunately, the disposal aspect was not absorbed into any new procedures associated with Policy 5.08. Significant reworking of Policies and Procedures in 2010, saw Council’s previous Asset Disposal Policy revoked.

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

In June 2021 the Draft Policy and operational procedures were presented to Council’s Strategic Leadership Group (SLG). Following staff consultation and the election of Councillors in December 2021, the policy can be presented to Council, seeking support to undertake the process of public exhibition and adoption of the Policy.

Options

Support the adoption of Draft Policy 6.24 Disposal of Council Assets (Other than Land & Buildings) or,

Prior to adoption, recommend any adjustments that can be included in the policy placed on public exhibition.

Community and Stakeholder Engagement

Engagement undertaken

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

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

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

Engagement planned

Once the Draft Policy 6.24 Disposal of Council Assets (Other than Land & Buildings) has been endorsed in principle by Council, it will be exhibited for a period of 28 days with an opportunity to receive public submissions.

This report recommends that if no submissions are received, the 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.

Financial and Resource Considerations

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

Legal /Policy

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

•             Local Government Act 1993

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

6.11.8:  Develop and implement good governance systems

6.12.3:  Review policies and procedures for consideration by new Council

Environment and Climate Change

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

Economic

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

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

Risk

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

Social / Cultural

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

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

Attachments

1.         DRAFT Policy 6.24 Disposal of Council Assets (Other than Land & Buildings)

 


Council

9 February 2022

Item 10.1 - Attachment 1

DRAFT Policy 6.24 Disposal of Council Assets (Other than Land & Buildings)

 

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Council 9 February 2022

Item 10.2

 

10.2. Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2021     

Council’s Financial Statements and Audit Report for the Year Ended 30 June 2021 are presented for the information of Councillors and the community. They have been placed on public notice for seven (7) for members of the public to provide comments.

Chief Executive Officer  

Officer’s Recommendation

That Council receive and note the report on Financial Year 2021 Audited Financial Statements and Report on the Conduct of the Audit.

 

 

Executive Summary

Council’s FY2021 Financial Statements and Audit Report are presented for the information of Councillors and the community.

A request was received from Council’s Auditors to seek an extension from the Office of Local Government (OLG) to extend the due date and lodge our Financial Statements by 30 November 2021. This was approved by OLG. Council referred the financial statements to the Auditors on 20 October 2021. 

The extension to the lodgement of the statements and the deferral of the Local Government elections has meant that the requirement to present the Auditors report to Council within five weeks of the receipt of the Auditors report could not be achieved. Council sought advice from Office of Local Government around the timing and have been advised

There is no provision within the Act for an extension under section 418.  Council should be as transparent as possible, until they have had the capacity to present the statements to the public.”

Background

The financial statements for the year ended 30 June 2021 were completed and submitted for audit by the Audit Office of NSW (Deloitte).

The draft financial statements were circulated to Audit, Risk & Improvement Committee (ARIC) in October. A meeting was held with the NSW Audit Office and Deloitte representatives who provided a briefing to ARIC on the observations of the Audit in December 2021.

This report provides a summary of the financial results.

Prior to the Council meeting the Auditors will make a presentation to Council to provide comment on the Audited Financials, observations made during the audit and answer questions.

Options

This report presents no options as it is an administrative process to meet Council’s legislative obligations.

Community and Stakeholder Engagement

Engagement planned

Audited Financial Statements are one of the key points of accountability between Council and our community. By providing these documents to the public, Council demonstrates financial transparency.

Reviewing financial results on an annual basis provides an indication of Council’s ability to provide goods, services and facilities and to carry out activities appropriate to the current and future needs of the local community and the wider public.

The Financial Statements are attached to the published 2020-2021 Annual Report and made available to the public on Council’s website and hard copies available at Council’s libraries.

Financial and Resource Considerations

The commentary below provides some items of note in the General Purpose Financial Statements (GPFS).

Operating Result

The operating result (before capital) is a surplus of $3.4 million. This result is better than the original budget of $6.5 million deficit. The major contributing factor for the actual versus expected is prepayment of Councils Financial Assistance Grant and Disaster Recovery Grant opportunities.

Cash and Investments

Council’s cash and investment balance has been impacted by a series of cash flow challenges. Internal restrictions held for the financial year ending 30 June 2021 were reduced by Council resolution on 22 September 2021.

The cash flow situation is the culmination of several factors, some temporary and some a result of ongoing General Fund deficits that have occurred over time.

The following items are noted for the Statement of Cash Flows:

·    At 30 June 2021, Council is owed $16.9 million in debtors for government grants and subsidies. These relate to reimbursements for completed works. The temporary cash flow deficit is being funded from Council’s internal reserves.

·    Councils rates, annual charges and user charges debtors at 30 June 2021 have increased by $0.4 million. Contributing to this is the decision by Council to offer hardship relief for all ratepayers. Debt collection will be monitored and reported to Council over the coming months.

·    Council is still adapting to the additional costs and loss of income relating to its bushfire recovery, COVID and flood recovery works.

Operating Results by Fund

The statements include a breakdown of the income statement and financial position for the General, Water and Sewer funds.

For the year ending 30 June 2021, the General Fund shows an operating surplus of $3 million dollars.

FY2021 Result

General (‘000) $

Water (‘000) $

Sewer (‘000) $

Net Operating Result

28,742

2,212

3,445

Net Operating result before Capital Grants & contributions

3,061

(1,462)

1,859

Financial Performance Ratios (Consolidated)

FY21 (‘000)

FY20 (‘000)

Benchmark

Operating Performance ratio

2.89%

2.13%

>0.00%

Own Source Revenue ratio

53.62%

58.78%

>60%

Unrestricted Cash Ratio

2.06x

1.13x

>1.5x

Debt Service Cover Ratio

5.72x

5.33x

>2.0

Rates outstanding percentage

7.23%

5.96%

<10% Rural

Cash expense cover ratio

11.77 months

12.14 months

>3 months

The key performance measures indicated in the table above shows that as a consolidated entity, Council has achieved a positive operating result.

Observations

·    Own source revenue is lower than the benchmark, a result of the high rate of grants that Council has received.

·    The unrestricted ratio is a measure of Councils ability to pay its current liabilities. Since it deals with only unrestricted asset and liabilities, it is a General Fund performance measure. The result of 2.06 has improved since 2020.

·    The debt service ratio is a measure of Council’s ability to service its loans. As Council’s borrowing increases this ratio decreases.

·    The cash expense cover ratio includes the restricted and unrestricted cash. Whilst the ratio is healthy it should be noted that restricted cash is only available for the specific purpose it was collected for.

Statement of Performance Measures (Ratio) | General Fund

Benchmark

FY2021

Operating Performance ratio

>0.00%

3.52

Own source operating revenue ratio

>60.00%

42.99

Unrestricted current ratio

>1.50x

2.06x

Debt service cover ratio

>2.00x

4.92x

Rates, annual charges, interest and extra charges outstanding percentage

<10.00%

11.05%

Cash expense cover ratio

>3.00 months

3.37 months

 

Statement of Performance Measures (Ratio) | Water Fund

Benchmark

FY2021

Operating Performance ratio

>0.00%

-11.65%

Own source operating revenue ratio

>60.00%

75.63%

Unrestricted current ratio

>1.50x

224.53x

Debt service cover ratio

>2.00x

Rates, annual charges, interest and extra charges outstanding percentage

<10.00%

0.00%

Cash expense cover ratio

>3.00 months

 

Statement of Performance Measures (Ratio) | Sewer Fund

Benchmark

FY2021

Operating Performance ratio

>0.00%

10.03%

Own source operating revenue ratio

>60.00%

91.52%

Unrestricted current ratio

>1.50x

42.26x

Debt service cover ratio

>2.00x

6.62x

Rates, annual charges, interest and extra charges outstanding percentage

<10.00%

0.00%

Cash expense cover ratio

>3.00 months

 

The (unaudited) Infrastructure report provides additional KPI’s regarding Council performance in the management of community infrastructure. Below is a summary of the performance against the benchmarks, both consolidated and by Fund. 

Report on Infrastructure Assets (Ratio) | Consolidated

Benchmark

FY2021

Buildings and infrastructure renewals ratio

>=100.00%

91.4%

Infrastructure backlog ratio

<2.00%

2.07%

Asset maintenance ratio

>100.00%

111.91%

Cost to bring assets to agreed service level

NA

1.4%

 

Report on Infrastructure Assets (Ratio) | General Fund

Benchmark

FY2021

Buildings and infrastructure renewals ratio

>=100.00%

106.72%

Infrastructure backlog ratio

<2.00%

2.99%

Asset maintenance ratio

>100.00%

136.01%

Cost to bring assets to agreed service level

NA

2.19%

 

Report on Infrastructure Assets (Ratio) | Water Fund

Benchmark

FY2021

Buildings and infrastructure renewals ratio

>=100.00%

46.42%

Infrastructure backlog ratio

<2.00%

0%

Asset maintenance ratio

>100.00%

120.18%

Cost to bring assets to agreed service level

NA

0%

 

Report on Infrastructure Assets (Ratio) | Sewer Fund

Benchmark

FY2021

Buildings and infrastructure renewals ratio

>=100.00%

75.23%

Infrastructure backlog ratio

<2.00%

0%

Asset maintenance ratio

>100.00%

63.72%

Cost to bring assets to agreed service level

NA

0%

 

Financial Performance and Position

FY2021 Result

(‘000) $

Original Budget

2021 Actual

2020

Total Assets

1,164,802

1,289,764

1,245,318

Total Liabilities

47,662

76,696

69,520

Net Assets

1,117,140

1,213,068

1,175,798

Total Equity

1,117,140

1,213,068

1,175,798

Budget Information

Preparation of this report, the execution of the external audit and the additional support required to have the Financial Statements audited has been undertaken within the Financial Services Administration - General Fund operational budget.

Legal /Policy

Section 413 of the Local Government Act requires a resolution of Council to refer the draft financial statements to audit. This was completed on 20 October 2021. 

Section 413 (2c) requires a resolution of Council that the annual financial statements have been prepared in accordance with:

·    The Local Government Act 1993 (as amended) and the Regulations made there under

·    The Australian Accounting Standard and professional pronouncements,

·    The Local Government Code of Accounting Practice and Financial Reporting.

and that, to the best of their knowledge and belief, the financial statements present fairly the operating result and financial position, and accord with Council’s accounting and other records.

Section 418 of the Act requires that as soon as practicable after Council receives a copy of the auditor’s report, it must fix a date for a meeting to present the audited financial statements to the public, and it must make the financial statements available for public inspection for at least seven days prior to the meeting date. 

Council did not receive the finalised Audit report until 30 November 2021. Due to postponement of Local Government elections to December 2021, the report was received after the last sitting date for the Council prior to election. This report is presenting the financial statements to the first ordinary meeting of Council following the Election.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP - 6:         Strong, Consultative Leadership

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

OP - 6.12.5: Improve the provision of corporate financial services

Environment and Climate Change

The audited financial results at 30 June 2021 provide information that can be used to assess Councils financial position by using the results to calculate the financial sustainability ratios. The benchmarks are defined in the “OLG’s performance indicators from the audited financial statement”.

Economic

Council is a major contributor to the local and regional economy. Assessment of financial performance is a key input of decision making, with the goal to ensuring a financially responsible and effective organisation. As well, an opportunity to assess actual performance against strategic plans, highlighting any challenges and unexpected events that may impact the final results.

Risk

Information in the financial statements and reports assist with analysis of the performance of Council. Following the Audit, Council receives a management letter that describes areas of risk identified and makes recommendations for areas that Council should give attention. In addition, Council Officers review the reports and undertake internal analysis of the results, providing an opportunity for strategic and organisational risks to be identified and captured in accordance with our Enterprise Risk Management Framework. Controls to manage these identified risks is the function of the Audit, Risk and Improvement Committee and the annual external audit process.

The timing of the audit by the NSW Audit Office and the local government elections created a situation for Council that meant we could not comply with legislative requirements regarding presentation of financial statements to the Council. Advice to mitigate the impacts was sought from the Office of Local Government. Notification of the impacts of timing of the audit and the elections was provided to the Minister for Local Government.

Social / Cultural

Reporting of financial performance in a timely manner that meets legislative requirements, builds confidence in the management and leadership of the Council. Benchmarking against similar Councils (Category 4) allows for context in the local government environment.

Financial decisions impact the social and cultural aspects of Council’s operations in the community. The Financial Statements provide an annual summary of the impact of those decisions at a point in time; that being, the end of financial year (30 June 2021) that is used to inform future decisions and direction.

Attachments

1.         Bega Valley Shire Council Audited Financial Statements 2021


Council

9 February 2022

Item 10.2 - Attachment 1

Bega Valley Shire Council Audited Financial Statements 2021

 

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Council 9 February 2022

Item 10.3

 

10.3. Certificate of Investment November 2021     

This report details Council’s cash and investments at the end of November 2021.

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the attached report on Council’s investment position as at 30 November 2021.

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

 

Executive Summary

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

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

Background

Under the legislation and regulations mentioned below, 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 November 2021 is detailed below.

 

It is worth noting both T-Corp Strategic Cash Fund and T-Corp Cash Fund had a negative result in September and October 2021 that has significantly reduced Council’s investment income.

To address the loss in the T-Corp investments, the investments have been reduced significantly and the funds diverted to Council’s Commonwealth Bank At-Call Account. Currently this is returning a competitive rate in the market.

Council has attempted to diversify its investment portfolio but have struggled in the current market to find competitive investments. Council has recently invested in Commonwealth Bank’s new sustainable term deposit.

Council’s current investments exceed RBA 3-month deposit average for November 2021 of 0.04%.

 

Table 1: Investments by Fund $’000

Fund

September-2021

October-2021

November-2021

General Fund

34,776

35,846

38,191

Water Fund

23,733

22,885

23,106

Sewer Fund

41,621

40,953

41,555

TOTAL

100,130

99,684

102,852

 

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

Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council. The following table provides details of all funds by restrictions:

Source of Funds

Value

Total cash and Investments

$102,852,096

External Restrictions **

$53,365,593

Internal Restrictions **

$6,754,404

Unrestricted funds

$42,732,099

**    The table above reflects the level of restrictions as per the Council’s September QBRS report also included in the business paper for the Ordinary Meeting of Council on 24 November 2021.

The outstanding Government Grant Debtors on 30 November 2021 is valued at $8,605,785. These amounts are reported as indication of amounts not included in Council’s cash and investments but are amounts due and payable from government bodies.

Legal /Policy

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

Clause 212 of the Local Government (General) Regulation 2005 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

6:                  Strong, Consultative Leadership

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

6.12.5:        Improve the provision of corporate financial services

Environment and Climate Change

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

 

Economic

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

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. Other legal instruments, such as the Ministerial Order referenced above, are used to mitigate financial risk.

Social / Cultural

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

Attachments

Nil

 


Council 9 February 2022

Item 10.4

 

10.4. Certificate of Investment December 2021     

This report details Council’s cash and investments at the end of December 2021.

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the attached report on Council’s investment position as at 31 December 2021.

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

 

Executive Summary

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

All investments have been appropriately recorded in Council’s financial records and 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 December 2021 is detailed below.

 

It is worth noting both T-Corp Strategic Cash Fund and T-Corp Cash Fund had a negative result in September and October 2021 which has significantly reduced Council’s investment income.

To address the loss in the T-Corp investments, the investments have been reduced significantly and the funds diverted to Council’s Commonwealth Bank At-Call Account. Currently this is returning a competitive rate in the market.

Council has attempted to diversify its investment portfolio, but have struggled in the current market to find competitive investments. Council has recently invested in Commonwealth Bank’s new sustainable term deposit.

Council’s current investments exceed RBA 3-month deposit average for December 2021 of 0.04%.

Table 1: Investments by Fund $’000

Fund

October-2021

November-2021

December-2021

General Fund

35,846

38,191

39,170

Water Fund

22,885

23,106

22,987

Sewer Fund

40,953

41,555

41,288

TOTAL

99,684

102,852

103,445

 

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

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

The following table provides details of all funds by restrictions:

Source of Funds

Value

Total Cash and Investments

$103,445,021

External Restrictions **

$53,365,593

Internal Restrictions **

$6,754,404

Unrestricted funds

$43,325,024

**    The table above reflects the level of restrictions as per the Council’s September QBRS report included in the business paper for the Ordinary Meeting of Council on 24 November 2021.

The value of outstanding Government Grant Debtors on 31 December 2021 is valued at $2,968,416. These amounts are reported as indication of amounts not included in Council’s cash and investments, but are amounts due and payable from government bodies.

Legal /Policy

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

Clause 212 of the Local Government (General) Regulation 2005 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

6:                  Strong, Consultative Leadership

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

6.12.5:        Improve the provision of corporate financial services

Environment and Climate Change

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

Economic

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

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. Other legal instruments, such as the Ministerial Order referenced above, are used to mitigate financial risk.

Social / Cultural

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

Attachments

Nil

 


Council 9 February 2022

Item 10.5

 

10.5. Quarterly Budget Review Statement (QBRS) December 2021 (Q2)     

Quarterly Budget Review Statements (QBRS) are prepared and presented to Council in accordance with Section 203 of the Local Government (General) Regulation 2021.

Director Business & Governance    

Officer’s Recommendation

1.    That Council receive and note the December 2021 Quarterly Budget Review Statement.

2.    That the budget recommendations detailed in the December 2021 Quarterly Budget   Review Statement be adopted.

 

Executive Summary

As part of the Integrated Planning and Reporting (IPR) framework, a Quarterly Budget Review Statement (QBRS) must be presented to Council for each financial quarter. This report provides adjustment details for the December(Q2) Quarterly Budget Review Statement for FY2022.

In summary, the QBRS report provides the following projected results:

·    Total Income increase by $4.3 million dollars.

-      Operational grants increased by $0.7 million

-      Capital grants increased by $3.6 million

·    Expenses increase by $1.3 million.

·    Consolidated net operating result before grants and contributions provided for capital purposes has a projected deficit of $3.7 million.

·    Capital expenditure estimated to increase by $5.3 million

·    The revised projected cash figure at 30 June 2022 is expected to be $56.2 million with external restrictions of $53.5 million.

The Responsible Accounting Officer reports that the December quarterly review presented indicates Council's projected financial position at 30 June 2022 will be satisfactory. Noting there are continued concerns regarding the impact on cash with the current level of internal restrictions.

Background

The QBRS is presented in a summary format which shows Council’s income and expenses by fund, type and activity. The Capital Budget Review Statement (CBRS) is also prepared by type, followed by variance details. It is the intent of this report to provide information on the financial performance of Council as a whole (consolidated) and, for each activity of Council.

The budgeting process sees Council develop annual budgets in March of each year. As can be expected, many external factors are unknown at that time and therefore it is important that routine budget reviews are undertaken and presented to Council for adoption.  As required by the Local Government (General) Regulation 2021, we request budget adjustments through the QBRS process.

Council officers retain the ability to enquire, transact, and report on the detailed general ledger, which includes budgets. If there are specific questions relating to detailed transactional information, officers can provide answers to those questions.

Operationally, our teams are continuing to demonstrate improvement in our financial reporting and systems, focusing on reducing errors and improving real time information.

Options

A detailed review by Council officers has been undertaken to prepare the QBRS. It is recommended this is adopted to continue to support Council staff to deliver for the community.

Council has the option to consider other budget adjustments.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement with staff has been undertaken to develop the recommendations for the QBRS.

Engagement planned

The budget adjustments requested in the QBRS is included as an attachment to the business paper and published on Council’s website. Once approved, the budget adjustments are made. Future reports include the adopted changes.

Financial and Resource Considerations

Operating ResultCouncil’s consolidated budget, net operating result, has improved by $3.0 million. The consolidated net operating result before grants and contributions provided for capital purposes has declined by $0.6 million, resulting in a projected deficit of $3.7 million.Total Income increased by $4.3 million dollars.

Within income streams there has been an increase in rates and charges of $13,000, an increase in fees and charges of $48,341, and other revenue decreased by $91,300.

Operational Grants have increased by $0.7 Million. Included in the total are new grants, previously received grants and new grants transferred to contract liability. Major grants include Bushfire Local Economic Recovery Fund (BLERF) to support programs for tourism and small business.

Capital Grants increased by $3.6 million. Included in the total are new grants, previously received grants and new grants transferred to contract liability. Major increases are Regional Airport funding of $2.2 million and NSW EPA bushfire grant funding of $1.3 million.

Expenses increased by $1.3 million.

Employee costs decreased by of $60,939. This has an associated change in materials and contracts.

Materials and contracts increased by $1.4 million, the largest impact being Council’s contribution to the social affordable housing joint project. There are additional costs related to both the EPA Grants and the Bushfire Local Economic Recovery Fund projects.

There is a small decrease of $54,660 in other expenses reflecting the effort of staff to reduce costs.

The recommended changes have the following impact on the net operating result after grants and contributions provided for capital purposes by fund:

 

Revised Budget (Sept)

‘000

Requested Changes

‘000

Projected Year End Result

‘000

General Fund

51,894

1,781

53,676

Waste Fund

2,142

1,002

3,144

Water Fund

7,966

(248)

7,718

Sewer Fund

4,057

476

4,533

 

The recommended changes have the following impact on the net operating result before grants and contributions provided for capital purposes by fund:

 

Revised Budget (Sept)

‘000

Requested Changes

‘000

Projected Year End Result

‘000

General Fund

(7,731)

(573)

(8,304)

Waste Fund

2,142

(318)

1,822

Water Fund

(668)

 

(668)

Sewer Fund

3,196

276

3,472

 

Capital

Capital expenditure is estimated to increase by $5.3 million in the December QBRS to $120.8 million.  The largest impact is Airport projects that will be funded from both grants and loans

Cash and Investments

Council had cash and investments of $103.5 million at 31 December 2021. The revised projected cash figure at 30 June 2022 is expected to be $56.2 million.

Council’s cash impacts includes the increase in loans for the Airport works of $2 million. This loan is additional to the $2.4 million already approved.

An adjustment to outstanding receivables is made for the anticipated 30 June 2022 result. This  reflects the improvement in the claims reimbursement process for Disaster Recovery Funding Arrangements (DRFA). With better information in the administration of this funding, Council is more confident to make this adjustment. This conservative approach results sees a more favourable impact in the cash at hand balance projected for 30 June 2022.

Legal /Policy

In accordance with clause 203(1) of the Local Government (General) Regulation 2021, the Responsible Accounting Officer must prepare and submit to the Council a Budget Review Statement after the end of each quarter.

Clause 203 of the Local Government (General) Regulations 2021 states:

Budget Review Statements and revision of estimates

1.    Not later than two months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2.    A budget review statement must include or be accompanied by:

a.       A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b.       If that position is unsatisfactory, recommendations for remedial action.

c.       A budget review statement must also include any information required by the Code to be included in such a statement.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s 2017–2022 Delivery Program and 2021-2022 Operational Plan provides financial estimates including the budget for 2021/2022 (FY2022).

Council will need to be mindful in reviewing the Long-Term Financial Plan, that it is not likely to have the same level of external grant funding into the future and that an expansion of the current asset base will put pressure on future budgets through increased operation, maintenance and depreciation costs.

Further work to continue improving Council’s operational deficit and cash positions, will be workshopped with Councillors when developing the Delivery Program for this term of Council. Examples of the options that can be explored include:

·    Annual review of fees and charges and other income sources

·    Continued work to hand back RFS and other emergency service assets to Government

·    Continued advocacy related to removing the Emergency Services costs applied to Councils from Councils rates income (expected to increase due to increased expenditure by the RFS)

·    Operational improvement initiatives identified by management and staff

·    Ensuring no new grants are accepted or applied for that bring a requirement for Council contribution or increased maintenance and operating costs

·    A schedule of review for  assessment of service levels in areas funded by the General Fund that align with our financial strategy that informs the draft FY2023 budget.

Given the issues highlighted by Council in achieving its Asset Management model, future gains or surpluses need to be placed into appropriate reserves to provide coverage for future liabilities.

Environment and Climate Change

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

Economic

The expenditure of Council in the community has a significant economic impact in the Bega Valley. The recommended adjustments to the adopted budget ensure as an organisation we can continue to deliver the services and projects committed to in the FY2022 Operational Plan.

Risk

Financial stability is defined in terms of Council's ability to facilitate and enhance economic processes, manage risks, and absorb shocks. Moreover, financial stability is considered a continuum: changeable over time and consistent with multiple combinations of the constituent elements of finance.

The QBRS process helps to provide transparency and accountability into the financial management of Council.

Social / Cultural

The attachment to this report details the recommended adjustments to our budget. Some may have an impact on social and cultural services.

The Officer’s recommendation is to support the continued service provisions and make the associated budget adjustments detailed in the QBRS.

Attachments

1.         Quarterly Budget Review Statement -(QBRS) December 2021

 


Council

9 February 2022

Item 10.5 - Attachment 1

Quarterly Budget Review Statement -(QBRS) December 2021

 

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Council

9 February 2022

 

 

Notices of Motion

 

09 February 2022

 

13.1            Establishment of Youth Council/Committee..................................................... 464

13.2            Cuttagee Bridge................................................................................................. 468

13.3            Tathra Kerb Extensions...................................................................................... 470


Council 9 February 2022

Item 13.1

 

13.1. Cr Karen Wright - Establishment of Youth Council/Committee       

 

Notice of Motion

1.    Council staff provide a report to Council on:a)    Council’s current youth program

b)    the resources required to develop a youth specific strategy to align with the Community Strategic Plan

c)    the resources required to establish and support a youth committee including staff costs and funds for putting on events such as during National Youth Week, organising and attending regional youth events.

d)    Details regarding population data associated with a 12-24 year age group including High School students, TAFE, University students, unemployed, people on benefits, people with disability, Aboriginal people, parents, graduates, apprentices, and unskilled workers.

2.    The scope of the youth committee to be costed would be classed as an advisory committee without delegating functions, comprised of youth aged 12-24 (max 20) including members from local high schools, those participating in home-schooling, young people no longer attending school and youth attending higher education at local TAFE or University campuses. Youth focused delegates from the community would also be invited to apply. A Councillor would also be appointed by the Council.

3.    Council staff identify and seek youth related opportunities through external funding programs to enhance Council’s youth program, with particular focus on youth events and initiatives.

4.    That resources to deliver recommendations 1b and 1c be considered in Council’s Integrated Planning and Reporting documents.

 

Background

•     There is currently no youth Council or Council youth committee in the Bega Valley – despite Snowy Monaro Council and Eurobodalla Shire Council both having successful youth councils. This is a valuable and worthwhile way for young people to express their views and contribute to the development of our community.

•     Cr Tapscott moved a motion in 2020 asking staff to prepare a report on resources required for a youth Council. (Attached). The report identified that the previous youth council had had difficulties sustaining momentum, and that there were significant amounts of time and resources in having a youth council.  The report made suggestions around ways to engage youth, that now predate the COVID19 lockdowns and challenges that the Shire’s youth underwent in 2021.

•     The demographics of our area are changing, with even Merimbula Chamber of Commerce having their sea change expo in January 2022 and encouraging more people to move here for work, including families with young people in them.

•     Our youth have been through some pretty significant events in the past 2 years, and with an incline in mental health issues and a wait lag in services, it would be an excellent opportunity to hear what matters to them and advocate on their behalf.

•     The committee may have the purpose of working to apply for grants in consultation with Council staff to support youth initiatives.

•     In 2020, 269 respondents took part in Council’s Youth Speak Survey. 60% of young people felt that mental health was in the top 3 issues for the Bega Valley. The top 3 project ideas for the Bega Valley were improve sporting facilities, dedicated youth spaces, and more youth activities and events. One of the recommendations from the survey was that young people’s voices need to be included when forming evidence-based policies and in the co-design of programs for young people.

•     The youth committee may give young people the opportunity to be selected for the annual NSW Regional Youth Taskforce

•     Having a youth committee aligns with the goals of the proposed youth employment forum, strategy and program in the July 2021 Investment prospectus – the stimulation of our local economy and the retention of youth in our area through identifying opportunities for young people.

Cr Karen Wright

 

Attachments

1.         Attachment - 2020.06.10 Agenda of Council

 


Council

9 February 2022

Item 13.1 - Attachment 1

Attachment - 2020.06.10 Agenda of Council

 

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Council 9 February 2022

Item 13.2

 

13.2. Cr Helen O'Neil - Cuttagee Bridge       

 

Notice of Motion

1.    Council notes that: ·     Cuttagee Bridge is identified as having ‘very high significance’ on the Local Heritage register (Bega Valley LEP 2013, Schedule 5, item #655);

·    Following a funding offer from Transport for New South Wales - Fixing Country Bridges program, on 10 March 2021 Councillors resolved (Resolution 37/21) without broad community consultation to demolish Cuttagee Bridge and to replace it with a two-lane concrete structure;

·    This policy sparked strong community opposition expressed in petitions, surveys, public meetings and other protests, and media reporting, up to and during the council election campaign; and

·    The offer from Transport for New South Wales - Fixing Country Bridges program was withdrawn, and no funding currently exists to implement Council’s policy.

2.    Council seeks State Government funding for an external study into the feasibility and costs    of a sustainable and safe timber or hybrid one-lane bridge at Cuttagee:

·    The study to be initiated no later than June 2022

·    The study should address the environment and climate related issues of a crossing in this location and the implications of sea level rise, coastal inundation, and erosion

·    The study is to determine the appropriate weight limit and design for the bridge

·    The study should consider the role of the Tathra-Bermagui Road as an asset in a broader cultural tourism strategy for the Bega Valley.

3.    Council recognises the need for urgent repair work to be undertaken on the bridge and will allocate sufficient funds as and when required to ensure so that it can continue to serve residents and visitors safely into the future

4.    Council directs that any construction and repair work respects the heritage status of the bridge and its sensitive coastal environment

5.    Council will develop a community engagement strategy commensurate to the project requirements

6.    Council thanks the members of the community advisory group for their time and diligence in identifying relevant heritage aspects of Cuttagee Bridge

 

Background

During the last term of Council, several reports were considered with the currently adopted position of Councill being to demolish Cuttagee Bridge and replace it with a two-lane concrete structure. The intent of this motion is to seek funding to explore an option of retaining a single lane timber or composite bridge at Cuttagee sympathetic to the heritage and cultural values at the site.

Cr Helen O'Neil

 

Attachments

Nil

 


Council 9 February 2022

Item 13.3

 

13.3. Cr David Porter - Tathra Kerb Extensions       

 

Notice of Motion

That Council conduct remedial works to the Kerb extensions in Bega Street Tathra by reducing the incursion of the kerb extensions into the roadway. Kerb extension should be spaced to the Kerb side of the Fog Line approximately 300mm from the current position. In the case of the planned installation of a Wombat Crossing, modify plans to ensure a 7 metre gap between the kerb extensions so that they will not cross the Fog Line.

 

Background

Last year Council realigned and resurfaced Bega Street Tathra as part of the Tathra Kalaru shared use pathway. Kerb Extensions were used at crossing points that have resulted in numerous vehicular accidents, endangering road users and cause tens of thousands of dollars damage to motor vehicles. Even a school bus full of children fell victim to the protruding concrete gutters. The Kerb extensions deployed are a design not normally used for this sort of application as they are too blunt and are unforgiving as they protrude past the Fog Line into the roadway.

The Luxury Vehicle in the photos below was a recent victim hitting the kerb extensions on 25 January 2002, the driver was reported to be in severe shock and extremely angry with Council, there have been issues with caravans passing each other, but what is worse is that the presence of children near the crossing makes drivers move over to give room causing them to then be involved in an accident with children present, making this a danger also for pedestrians.

Daily users of the crossing said that the crossing was made more dangerous with the protruding extensions as vehicles were challenged with looking at children, oncoming vehicles and kerb extensions at the same time and have witnessed Caravans and trailers bouncing over them, blowing tyres, a few metres from the children who are nearing the crossing area.

Austroads published “Guide to Traffic Management Part 8: Local Area Traffic Management” states that designs for Local Area Traffic Management should be of a “Forgiving Design” and goes on to say that “All physical devices should be designed in such a way as to minimise damage to vehicles that fail to negotiate them in the correct manner.” And that “Semi-mountable kerbs should be used in preference to barrier kerb except where pedestrian safety at a device requires a barrier kerb.”. As the purpose of a barrier curb is to deflect a vehicle, the barrier curb being placed almost perpendicular to the traffic flow will have no greater effect on pedestrian safety than a semi mountable curb. This Motion has no effect on the road width or line marking just the Concrete obstacles jutting out into the road.

In the attached photos:

-      Photo 1: One of the barrier style kerb extensions in Bega Street Tathra

-      Photo 2:  Kerb Extensions in Newtown Road, Bega, typical of kerb extensions across NSW

-      Photo 3: One of the many victims, a high end luxury car sits on blocks on Australia Day, the day after it hit the kerb, waiting for about $5,000 worth of wheels and tyres to arrive, then they can check for suspension damage.

 

Cr David Porter

 

Attachments

1.         Attachment - Photos 1,2 and 3 Tathra Kerb Extensions

 


Council

9 February 2022

Item 13.3 - Attachment 1

Attachment - Photos 1,2 and 3 Tathra Kerb Extensions

 

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Council 9 February 2022

Item 16.1

 

Confidential Business

Adjournment Into Closed Session

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the Mayor, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.

 

Recommendation

That Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

16.1 Chief Executive Officer (CEO) Recruitment

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals.