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, 15 June 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

Acting Director, Assets and Operations, Mr Ian Macfarlane

Acting Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Acting Manager Communications and Events, Ms Skye Owen

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

15 June 2022

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 18 May 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

  

7       Urgent Business

 

8       Staff Reports – Community, Environment and Planning

8.1                Modification to Staged Development of Multi Unit Housing (3 units) and Subdivision (3 Lots), Lot 1292 DP 260295 - 121 Tura Beach Drive, Tura Beach............................................................ 8

8.2                Signage strategy............................................................................................................................. 34

8.3                Alcohol Free Zones and Alcohol Prohibited Areas................................................................... 58

 

9       Staff Reports – Assets and Operations

9.1                Recommendation Report - Construction of the Eden Skate Park - RFT 2122 -067............ 63

9.2                Road Closure - 99 Quarry Road, Greendale............................................................................... 93

9.3                RFT 2122-055 Council Report Bega STP Refurbishment....................................................... 114

9.4                RFT 2122-054 Tathra Wharf Structure Restoration............................................................... 119

9.5                Bega Valley Local Traffic Committee........................................................................................ 125

9.6                Bega Valley Regional Learning Centre..................................................................................... 129

9.7                Proposed divestment - Lot 66 DP 1171407 Ravenswood Street, Bega.............................. 137

 

10     Staff Reports – Business and Governance

10.1              Review of Council Policies - Batch 3......................................................................................... 155

10.2              NSW Regional Housing Fund Program Project Nomination................................................. 159

10.3              Determination of the Local Government Remuneration Tribunal - 2023 Financial Year - Mayoral and Councillor Fees.................................................................................................................. 165

10.4              Certificate of Investment May 2022......................................................................................... 169

 

11     Councillor Reports

 

12     Rescission/Alteration Motions

 

13     Notices of Motion

13.1              Bringing a Development Application to Council for decision.............................................. 176

13.2              Establish a savings recommendation committee.................................................................. 177

 

14     Questions with Notice

 

15     Questions without Notice

15.1              Cr Nadin - Update on signage and timeframes for Alcohol Free Zones (AFZ).................. 179

15.2              Cr O'Neil - Electric vehicle fast charging stations................................................................... 180

 

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........................... 180

              

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

17     Noting of Resolutions from Closed Session

18     Declassification of reports considered previously in Closed Session 


Council

15 June 2022

 

 

Staff Reports – Community, Environment and Planning

 

15 June 2022

 

8.1              Modification to Staged Development of Multi Unit Housing (3 units) and Subdivision (3 Lots), Lot 1292 DP 260295 - 121 Tura Beach Drive, Tura Beach........................... 8

8.2              Signage strategy.................................................................................................. 34

8.3              Alcohol Free Zones and Alcohol Prohibited Areas.............................................. 58


Council 15 June 2022

Item 8.1

 

8.1. 2019.77 Modification to Staged Development of Multi Unit Housing (3 units) and Subdivision (3 Lots), Lot 1292 DP 260295 - 121 Tura Beach Drive, Tura Beach       

 

Director Community Environment and Planning    

Applicant

Caddey Searl and Jarman (D Bothamley)

Owner

M and CK Kalogris

Site

Lot 1292 DP 260295 – 121 Tura Beach Drive, Tura Beach

Zone

R3 Medium Density Residential Zone

Site area

1,502.78m2

Proposed development

Modification to original Conditions 18, 37 and 59 to enable sewer infrastructure as constructed to be a private sewer line (rather than a Council sewer main). 

Precis

A modification application has been proposed to amend the original conditions of consent. The developer wishes Council to accept the installed infrastructure as a private and shared sewer line as part of the approved 3 Lot Subdivision (being Stage 2 of the development) without the need for a formal ownership structure. Three dwellings  were constructed as part of Stage 1 without a design certification for the sewer infrastructure (as conditioned as part of the consent). The sewage was constructed without separate sewer connections to the Council system for each dwelling.  The installed pipe infrastructure is below the standard required for Council to take ownership of the shared pipes. The modification has been referred to our Water and Sewer Services engineers who have objected.

Officer’s Recommendation

That Modification Application to DA 2019.77 to the Staged Development of Multi Unit Housing (3 units) and Subdivision (3 Lots), Lot 1292 DP 260295 – 121 Tura Beach Drive, Tura Beach seeking amendment to Conditions 18, 37 and 59 be refused for the following reason:

a.    The Gravity Sewerage Code of Australia requires individual and separate points of connection to an utility-owned sewer, or a management structure to own shared connections privately, or a standard which allows the authority to take ownership of shared assets (allowing separate connections). Allowing shared private assets with no management structure will eventually result in private dispute and defacto Council ownership of the private asset to keep it operational.

 

Background

An approval was issued for the development in two stages on 19 June 2019 subject to conditions of consent that were detailed within the Notice of Determination.

A Construction Certificate (issued 2 August 2020) and Occupation Certificate (issued 9 October 2020) has been issued by a Private Certifier for the 3 dwellings contained within Stage 1.

A Subdivision Certificate and Water Management Certificate was subsequently lodged with Council for the 3 Lot Subdivision detailed within Stage 2 and the issue with the servicing of the existing units was highlighted by staff. The Water Management Certificate was applied for after construction of the sewer infrastructure had already been completed. The sewer as constructed is domestic grade internal plumbing. This leaves each dwelling without a separate connection to a municipal grade sewer. The existing sewer is of low grade plastic, has insufficient cover, inadequate backfill material, is buried under a concrete driveway, and has a single junction onto the Council main (no maintenance hole connection for servicing).

Conditions 18 and 37 required a sewer design plan to be provided and for the works to be constructed in accordance with this plan and in accordance with the Water Services Association of Australia (WSAA) construction codes. A plan was not submitted, and the works completed for Stage 1 without the approval of Council nor consideration of WSAA codes.

A request to modify the original approval was lodged by the applicant (4 December 2021) to amend conditions 18, 37 and 59 to enable the sewer as constructed to be a private line managed through the section 88B instrument and remove Council from the certification process. The proposed modification was referred to our Water and Sewer Services engineers who provided the following comments:

We do not support the creation of a shared and private sewer inter-allotment that then connects to a Council reticulated sewer pipe without an ownership structure. 

We understand the reasoning for suggesting this approach coupled with easements registered on titles through the 88B instrument. We appreciate that using section 88B as a tool to record this decision would create some perceived legal protection. However, this ownership model has never happened before in the Bega Valley and for good reason. Section 88B does not compel owners to invest towards operation, maintenance and eventual replacement and relies entirely on the relationship of future inhabitants. The failure of this asset temporarily or permanently is a certainty at some point in the future. 

It is our view that accepting this solution is not realistic into the future and that practical maintenance and ownership will fall to Council in the absence of a strata. In this case Council would be likely to have to re-lay the pipework when it fails. This view is reflected in the Gravity Sewerage Code of Australia. 

Our preferred result is that the sewer is re-laid to an approved plan and passed to Council to own and operate. Around half the existing works are acceptable and bringing the remaining sewerage works to Council’s standard is not a cost-prohibitive task. It is better that the developer incurs the cost to rectify their mistake now than that the community pays later. 

We do understand that this cost is undesirable. We are attempting to find a common ground by offering to accept a strata, with consequent body corporate as owner, as an alternative to re-building sewer to-code. We do not view leaving the works as-is and attempting to pass the maintenance responsibility onto future occupants of the land without a clear governance framework as common ground.

The applicant does not wish to proceed with a strata subdivision and has raised concerns that it would not comply with Essential Energy requirements. A strata subdivision would need to be lodged to confirm this advice. The applicant does not wish to replace the section of pipe to the conditioned standard. The applicant has chosen not to amend the application and the proposed modification is therefore presented to Council for determination.

Figure 1 – Photos of existing units

Figure 2 – Approved Units (Stage 1)

Figure 3 – Approved Subdivision Plan (Stage 2)

 

Legal/Policy

The Gravity Sewerage Code of Australia WSA 02—2014 states that: 

6.4.1 Single occupancy lots 

The design shall provide one property connection point per single occupancy lot. 

A property connection point is a connection into the utility sewer. This clause prohibits sharing of connections to the Council sewer between multiple Torrens lots. 

WSA 02 goes on to say: 

6.4.2 Multiple occupancy lots 

For servicing the whole of a multiple occupancy lot (strata title, community title, dual occupancy etc.) a single property connection point shall be provided. Where connection of individual units is by a common sanitary drain owned and maintained by the community association, body corporate or owner’s corporation, the whole multiple occupancy lot shall be regarded as a single occupancy lot. 

Section 6.4.2 says that a multiple occupancy lot with shared sanitary drain is allowable if the shared drain is owned by a community association, body corporate or owner’s corporation. 

Alternatively, if approved by the Water Agency, the design may provide connection points to individual titles or tenements in new developments by: 

a) Providing one or more MH [maintenance hole], MC [maintenance chamber] or MS [maintenance shaft] as the connection point(s) to the sewer for multiple customer sanitary drains. Such MH or MS shall be owned and maintained by the community association or body corporate; or  

Section 6.4.2 (a) says that any other shared infrastructure must be owned by a body corporate. 

b) Constructing reticulation sewers including property connection sewers and points to this Code so as to serve each lot or unit within the multiple occupancy development. On satisfactory completion, and subject to prior Water Agency agreement, the ownership of these sewers may be transferred to the Water Agency for operation and maintenance.  

Section 6.4.2 (b) says that if the internal plumbing is all completed to WSA 02 code requirements, and prior agreement is sought, then Council could take on ownership internal to a multiple occupancy lot. This is relevant because the key to a utility accepting ownership is not the type of title but is instead the standard to which the assets are constructed. 

Council is willing to accept any model specified in the Gravity Sewerage Code of Australia if the developer provides either the requirements of 6.4.1 or 6.4.2. 

There is no allowance in WSA 02 for an 88B or other easement instrument to enforce ownership undertakings. 

Staff note that refusal of the proposed modification could be subject of an appeal and legal costs in defending the case at the Land and Environment Court.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Acceptance of sewer infrastructure as a private asset within a Torrens Title Subdivision that has not been certified or in keeping with national and Council standards for this site and other potential sites is a risk that Council would need to consider as part of any resolution.

Options for Council

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

1.            Refuse the application, as recommended by staff in this report. This would mean the applicant would need to replace the sewer to Council’s satisfaction or pursue a strata subdivision.

2.            Approve a s88b conferring all risk to the private property owners, noting this would include accepting inadequate infrastructure that does not meet the development consent and sets a precedent for future development. This is not recommended.

3.            Approve the application and accept the infrastructure as a Council owned asset, noting this would result in additional future maintenance and repair costs to Council, as well as set a dangerous precedent for future development. This is not recommended.

 

Council staff have previously encouraged the applicant to consider other viable options including moving to a strata title subdivision or working with Council to replace the installed sewer with a Council approved, appropriately constructed pipe asset. The applicant has indicated they do not wish to pursue these options. As such, Option 1 remains the only recommended option.

 

Attachments

1.         Current Development Consent

2.         Locality Plan

3.         Applicant's Modification Application

4.         Section 4.55 Assessment

 


Council

15 June 2022

Item 8.1 - Attachment 1

Current Development Consent

 

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Council

15 June 2022

Item 8.1 - Attachment 2

Locality Plan

 

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Council

15 June 2022

Item 8.1 - Attachment 3

Applicant's Modification Application

 

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Council

15 June 2022

Item 8.1 - Attachment 4

Section 4.55 Assessment

 

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Council 15 June 2022

Item 8.2

 

8.2Signage strategy       

A draft Bega Valley Shire Council Signage Strategy has been developed to create a cohesive approach to the design, installation and replacement of signage across the shire.

Director Community Environment and Planning    

Officer’s Recommendation

1.    That Council endorses the draft Bega Valley Shire Signage Strategy

2.    That Council notes the draft strategy will be placed on public exhibition and a further report provided to Council if there are significant proposed changes following the public exhibition period

3.    That Council notes the draft strategy will be finalised and published following public exhibition if there is no significant or material feedback or changes to the strategy

 

Executive Summary

Signage is an important part of the character of a town, village or shire, and adds to the Bega Valley Shire brand. A draft Bega Valley Shire Council (BVSC) Signage Strategy has been developed to ensure consistent principles are applied to signage design, installation and location across the shire.

Background

Signage should be friendly and engaging, informative, and enable people to navigate safely and easily from place to place.

With increasing visitor numbers and a population of 35,000 dispersed across 12 villages, 4 major towns and a vast rural area, signage is a crucial part of creating a positive and consistent experience for residents and visitors alike and directing both locals and visitors throughout the shire.

The BVSC Signage Strategy has been developed to:

·        create a positive environment for users of public land, including reducing visual pollution and improving visual amenity

·        ensure all Council signage is cohesive and consistent

·        maintain the integrity of the Council brand

·        ensure a consistent process to create, install, maintain and replace signage

·        ensure signage meets all relevant standards and legislative imperatives

Options

The following options are available to Council based on the recommendation of the report:

·        Resolve as per the Officer’s Recommendation

·        Resolve not to proceed with the public exhibition of the strategy

·        Resolve that a further report be provided to Council for final adoption following the public exhibition process, even if there are no material changes

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement across Council has been undertaken to ensure the strategy addresses the needs of the broader organisation. This included engagement with the Senior Leadership Group as well as more detailed engagement with key areas including Parks, Aquatic and Recreation (previously called Leisure and Recreation); Project Services; Community and Economic Development (previously called Economic Strategy and Projects); Planning and Sustainability; Certification and Compliance; Works and Assets; Risk and Internal Audit; and Procurement and Contracts.

Engagement planned

Pending endorsement from Council, the draft Bega Valley Shire Signage Strategy will be placed on public exhibition through the Council website and promoted on Facebook and in Council’s newsletters to enable the community to have their say.

Council will also write to key stakeholders including community groups such as Rotary and Lions, Local Aboriginal Land Councils, Council’s Access and Inclusion Advisory Committee, business chambers, members of the Community Directory and Visitor Information Centres.

Financial and Resource Considerations

Development and implementation of the strategy is being undertaken in-house, through existing resourcing.

To minimise the cost of signage, the new templates included in the strategy will be rolled out progressively over time as new signs are required or existing signs need to be updated or replaced. The maintenance and replacement costs of all new signage will be considered as part of the signage process. 

Legal /Policy

Warning or safety signage must meet the requirements of the relevant legislation to ensure Council meets its legal obligations. All warning signage safety symbols must be consistent with the relevant standard including AS/NZS 2416 & AS 2342.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The development of a draft Signage Strategy is identified as an Operational Plan activity for the 2021-22 financial year.

The draft Signage Strategy aligns with Outcome 6: Strong, Consultative Leadership in the Community Strategic Plan, particularly:

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

6.11.2: Improve Council’s brand, image and written communication

Environment and Climate Change

The draft Signage Strategy seeks to ensure a coordinated and holistic approach to signage to reduce visual pollution and enhance visual amenity. It also seeks to reduce the number of separate signs that need to be erected across the shire. It will not have an impact on the effects of climate change.

Economic

The visitor economy is a large part of the shire’s economy. Improving and streamlining wayfinding and signage across the shire will improve the shire’s amenity for visitors and residents alike.

Risk

A key element of the strategy is to ensure all signage meets the relevant standards and legislative imperatives, increasing community safety and reducing risk for both the community and Council.

Social / Cultural

Signage should be friendly and engaging, informative, and enable people to navigate safely and easily from place to place.

With increasing visitor numbers and a population of 35,000 dispersed across 12 villages, 4 major towns and a vast rural area, signage is a crucial part of creating a positive and consistent experience for residents and visitors alike.

The BVSC Signage Strategy has been developed to create a positive environment for users of public land, including reducing visual pollution and improving visual amenity, and ensure all Council signage is cohesive and consistent.

Attachments

1.         Draft Signage Strategy

 


Council

15 June 2022

Item 8.2 - Attachment 1

Draft Signage Strategy

 

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Council 15 June 2022

Item 8.3

 

8.3Alcohol Free Zones and Alcohol Prohibited Areas

This report details expired and current Alcohol Free Zones (AFZ) in the Bega Valley Shire andseeks a decision from Council whether to consider re-establishing the AFZs. 

Director Community Environment and Planning  

Officer’s Recommendation

 That Council:

1.    Resolves to review all existing and expired alcohol free zones with the intention of bringing them onto the same schedule to streamline the process and provide greater transparency for the community.

2.    Notes the process to do this will require the cancellation of all existing alcohol free zones and the establishment of new alcohol free zones in these locations.

3.    Notes that consultation with the local police, the community and other stakeholders will be undertaken as required under the Ministerial Guidelines and Local Government Act.

4.    Notes staff will bring further reports to Council before the consultation period begins and after the consultation for final determination.

 

Executive Summary

The Ministerial Guidelines on Alcohol Free Zones (AFZs) have been prepared under section 646 of the Local Government Act 1993.

The object of AFZs is an early intervention measure to prevent the escalation of irresponsible street drinking to incidents involving serious crime. Council officers have recently undertaken an audit of AFZs in the shire and they are tabled below:

Alcohol Free Zone

Expiry date

CURRENT

Bega Commercial Centre

8 August 2022

Eden Central Business District

18 August 2023

Biamanga Aboriginal Cultural Area

11 December 2023

EXPIRED

Lamont St Bermagui 

Unconfirmed, estimated 2012/13

Cuttagee Bridge

Unconfirmed

Merimbula Central Business District

13/12/2021

 

Background

The irresponsible consumption of alcohol on roads, footpaths and in public carparks can compromise their safe use by members of the public without interference. Alcohol-free zones promote the use of these roads, footpaths and carparks in safety and without interference from irresponsible street drinkers.

Each individual zoning is to be considered according to its particular circumstances. Reasons for supporting alcohol-free zones must be included and must reflect the fact that irresponsible behaviour arising from the consumption of alcohol is occurring on those roads and footpaths and in those public carparks included in the proposal. This could involve instances of obstruction, littering, the actual commission of, or police intervention to avoid the commission of, more serious offences under the Law Enforcement (Powers and Responsibilities) Act 2002, Summary Offences Act 1988 or the Crimes Act 1900, such as malicious damage.

It is not appropriate to consider an alcohol-free zone for reasons that are unrelated to the irresponsible behaviour of drinkers, for example, the congregation of drinkers where irresponsible behaviour does not occur, general conduciveness to business or tourist activities, or the personal beliefs of particular citizens.

Alcohol free zones can be established for a maximum of 4 years. 

It has recently come to light that there are a number of expired AFZs across the Bega Valley Shire and some signage had not been removed. Council has subsequently removed expired signage and developed a register to track all AFZs and their expiry date. 

Pending Council endorsement, staff will review the need for all existing and expired AFZs and seek to bring them into line with the same expiry dates. This will require existing AFZs to be cancelled and re-established simultaneously, and would be subject to consultation with local police, the community and stakeholders, as well as further Council resolutions to support the cancellation and establishment of the zones.

This approach will enable more a more efficient review process to ensure AFZs are re-established as required. Any requests for new AFZs will be brought into line with the regular review process when possible.

Options

Council has the option to resolve to review all existing and expired alcohol free zones with the intention of bringing them onto the same schedule to streamline the process and provide greater transparency for the community, as per the Officer’s Recommendation. This is the recommended approach.

Council could also resolve:

·    to re-establish or not re-establish any or all of the expired AFZs, OR

·    not to streamline existing AFZs or review expired AFZs.

Community and Stakeholder Engagement

Engagement undertaken No recent community engagement has been undertaken on the expired AFZs.

Community engagement is currently underway on a proposal to establish an alcohol free zone at the corner of Gipps and Bega streets in Bega. Submissions close on 19 June 2022.

Engagement planned

After preparing a proposal to establish or re-establish an alcohol-free zone a council is required to undertake a public consultation process. The process under the Act involves all of

the following:

 

1.    Publish a notice of the proposal in a newspaper circulating in the area of the

                proposed alcohol-free zone, allow inspection of the proposal and invite

                representations or objections within 30 days from the date of publication. The

                notice should state the exact location of the proposed alcohol-free zone, and the

                place and time at which the proposal may be inspected.

 

2.    Send a copy of the proposal to:

                a) the Police Local Area Commander and the officer in charge of the police

                station within or nearest to the proposed zone

                b) liquor licensees and secretaries of registered clubs whose premises border

on, or adjoin or are adjacent to, the proposed zone and invite representations or objections within 30 days from the date of sending the copy of the proposal.

 

In addition to these statutory requirements there are other consultative avenues that

may enhance the effectiveness of any alcohol-free zone that is subsequently

established. Accordingly, a council is also required to:

 

3.    Send a copy of the proposal to any known organisation representing or able to

                speak on behalf of an identifiable Aboriginal or culturally and linguistically diverse

                group within the local area and invite representations or objections within 30 days

                from the date of sending the copy of the proposal.

 

A council is to give proper consideration to any representations, submissions or objections received and as a result may amend or withdraw a proposal to establish an alcohol-free zone. However, any amendment that extends the location of the proposed alcohol-free zone must be supported by reasons (as outlined above).

Financial and Resource Considerations

The re-establishment of an AFZ would require the replacement of expired signage with new signage at the area, or for stickers to be added on existing signs with the new expiry date. Stickers would cost approximately $50 per sticker. Where required, new signs could be affixed to the existing galvanised poles at a cost of approximately $100 per installation. If a new AFZ was established, signage with a new pole would cost approximately $200 per sign.

Item

$ Excl GST

Expenditure Detail

 

New sign with post

200.00

Replacement sign – existing post

100.00

Update date stickers on existing signage

50.00

Total Expenditure

 

 Variable depending on number

Source of Funds

 

Certification and Compliance

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

New signage if AFZ is re-established or new AFZ agreed

New sign with post               200.00

Replacement sign                  100.00

Update date stickers                50.00

Legal /Policy

The Ministerial Guidelines on Alcohol Free Zones (AFZs) have been prepared under section 646 of the Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan – Goal 7 – Liveable Places: Our shire continues to be a vibrant, enjoyable, safe and affordable place to live.

Environment and Climate Change

There are no environmental and climate change impacts based on the recommendation of this report.

Economic

There are no economic impacts based on the recommendation of this report.

Risk

AFZs empower the Police to take action if drinking alcohol is taking place within the designated areas. It mitigates risk of debris, including broken glass, in public places.

Social / Cultural

Community safety and the perception of safety are important factors in activating public places. Re-establishment or establishment of AFZs has the potential to improve public safety and reduce the risk of irresponsible or dangerous behaviour in these areas.

Attachments

Nil

  


Council

15 June 2022

 

 

Staff Reports – Assets and Operations

 

15 June 2022

 

9.1              Recommendation Report - Construction of the Eden Skate Park - RFT 2122 -067 63

9.2              Road Closure - 99 Quarry Road, Greendale........................................................ 93

9.3              RFT 2122-055 Council Report Bega STP Refurbishment................................... 114

9.4              RFT 2122-054 Tathra Wharf Structure Restoration.......................................... 119

9.5              Bega Valley Local Traffic Committee................................................................. 125

9.6              Bega Valley Regional Learning Centre............................................................... 129

9.7              Proposed divestment - Lot 66 DP 1171407 Ravenswood Street, Bega............ 137


Council 15 June 2022

Item 9.1

 

9.1Recommendation Report - Construction of the Eden Skate Park - RFT 2122 -067     

This report details the outcome of evaluation of Tender 2122-067 for the construction of the Eden Skate Park within the Barclay Street Sportsground and Recreational Precinct. It also seeks endorsement from Council for the preferred tender submission.

Director Assets and Operations  

Officer’s Recommendation

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

2.    That Council accept the tender from <insert> and enter a contract in relation to the works described in tender 2021-067, in the amount of <insert> (including GST), subject to variations, provisional sums and prime cost items.

3.    That authority is delegated to the Chief Executive Officer, or in the absence of the Chief Executive Officer the Director Assets and Operations, to execute all necessary documentation.

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

 

Executive Summary

This report details the outcome of evaluation of Tender 2122-067 for the construction of the Eden skate park within the Barclay Street Sportsground and Recreational Precinct.

A total of three submissions were received and assessed by a three-person Tender Evaluation Panel (TEP), utilising criteria from the agreed Tender Evaluation Plan. Each submission was individually scored by the panel members and then combined to determine the highest scoring submission.

Background

The Barclay Street Sportsground Master Plan (SMP) was endorsed by Council in August 2020. The recent opening of the Eden sporting and community pavilion marked the first stage of the revitalisation of the precinct.

To enable the upgrade of the Eden skate park, Council applied for and was successful in obtaining funding from both levels of Australian Government. The Commonwealth Department of Industry, Science, Energy and Resources provided Council with $375,000 under the Building Better Regions Fund. (BBR).  While the NSW Government provided $300,000 of funding via Round 3 of the Stronger Country Communities Fund (SCCF R3). 

With input from the local community including representatives from the Eden Skatepark Association (ESA), Council went to tender for the design of the skate park. Highly regarded designer Darren White from design company Baseplate was appointed to prepare the designs including concept plans and full detailed designs.

The final design was agreed in early 2022 and the tender for the construction was released on 16 March 2022 and closed on 13 April 2022.

Three Victorian based specialist skate park construction companies provided submissions.

·    Precision Skate Parks     

·    Grind Projects                  

·    Convic                                                    

Using the scoring criteria spreadsheet from the Tender Evaluation Plan, the panel undertook individual scoring assessments.

The panel consisted of the following members:

·    Chair - Recreation Project Officer

·    Panel member - Coordinator, Recreation and Natural Assets

·    Independent panel member - President Eden Skatepark Association

The following criteria was used to assess submissions.

Tender Evaluation

Criteria

Weighting

Overall project cost / Schedule of rates for variations

40%

Construction program

15%

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

10%

Experience completing similar projects / references

15%

Demonstrate capacity to undertake this project

15%

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

5%

 

On 29 April 2022 the panel reconvened to determine the highest scoring submission based upon the average total of the individual scores.

Options

1.    Council endorses the findings of the Tender Evaluation Panel and enter into a contract with the preferred Tenderer.

2.    Council does not endorse the findings of the Tender Evaluation Panel and Council is required to retender; this will impact the project delivery time and potentially the project budget due to escalation

Community and Stakeholder Engagement

Engagement undertaken

Council facilitated meetings between designer, Darren White, and the Eden Skate Park Community Advisory Group on several occasions. Members of the Eden Skate Park Association and the Sapphire Coast Skatepark Association also assisted Council by seeking feedback from other members, local skaters and scooter riders and members of the public.

To augment online community feedback, an onsite community feedback session was held in September 2020 to discuss the project and draft concept design. Over 40 residents participated in the interactive discussion session.

Engagement with the local community was essential to ensure the right type of skate park was built for the existing skating community and a new generation of skateboard and scooter riders. Engagement planned

While no further direct engagement is planned regarding the construction of the skate park, Council will continue to regularly keep stakeholder groups informed. The broader community will be kept informed via updates on Council’s website.

Financial and Resource Considerations

 

Item

$ Excl GST

Expenditure Detail

 

Design Costs

$28,160

Planning approvals

$30,000

Project Management and contingency fees

$47,639.15

Construction of the skate park

$569,200.85

Total Expenditure

$675,000

 

 

Source of Funds

 

Federal Government:

Department of Industry, Science, Energy & Resources

Building Better Regions Fund

NSW State Government:

Stronger Country Communities Fund Round Three

Total income available

$675,000

 

 

Total Project Capital Cost

Total Available Construction Funding

$569,200.85

Project Funding Shortfall

0

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Capital Investment - New

$675,000

Annual maintenance and operational costs

$2,500

Depreciation costs

 $16,875 (based on a useful life of 40 years)

User charges (annual income)

 N/A

Legal /Policy

The Eden skate park sits within the Barclay Street Sportsground Precinct on a Council managed Crown site (lot 29 DP705205) as well as a Council road easement.

The area is zoned RE1 Public Recreation under Council’s Local Environment 2013 (CLEP 2013).

The process for addressing requirements under the Crown Lands Management Act 2016 have been finalised with Council and there are no constraints for the development of a skate park on this parcel of land (Lot 29, DP 705205).

 

Planning approvals regarding development of recreation facilities are often addressed under Division 12, Parks, and other Public Reserves of State Environmental Planning Policy (Transport & Infrastructure) 2021. The construction of the skate park is regarded as exempt development under the TISEPP 2021. There is no proposed change to the use and purpose of the site. It is envisaged that these will not cause a risk to the delivery of the project.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

2021-2022 Operational Plan goals include:

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

1.2.4: Construct recreation facilities, boating infrastructure, public toilets and sporting grounds and facilities.

Goal 12: Our Council is financially sustainable, and services and facilities meet community need

2021/22 Operational Plan

The project to deliver the funded skate park is included in the adopted 2021/22 operational plan: Project 1.2.4.6 Progress detailed planning and construction of the Eden Skate Park Project.

Environment and Climate Change

It is considered that the there is little to no risk to the environment or ecology of the site. The site is currently underutilised with some areas being highly disturbed. The area of the new skate park is often used for informal car parking.

A qualified arborist has assessed that a small number of trees will need to be removed due to poor health or potential risk to park users. A small number of other trees will also need to make way for the installation of the playground and skating infrastructure.

To offset these removals Councils appointed landscape architect has develop an extensive planting schedule using native plants.

Further enhancing the nature play theme of the space will be the installation of large landscaping rocks and salvaged timber logs. The tired and worn-out site boundary logs are to be salvaged by the Eden’s Men’s shed for furniture projects, with unusable sections are to be mulched for reuse in the space.

Economic

The Eden skate park and all-inclusive playground is expected to be highly utilised by the local community and visitors to the Bega region. In turn this will result in additional economic and welfare benefits to the community. 

Aside from the revitalisation of the Barclay Street Sports Precinct, the Eden community is also expected to significantly benefit from the recently commenced Eden mountain bike trails and Eden safe harbour projects.

These projects and proposed redevelopment works will see Eden become a key destination for recreation and relaxation within the Bega Valley.

Risk

The key risk to the project is the associated delivery time. Due to the location of works and required ground disturbance, Council is required to complete an Aboriginal Heritage Impact Assessment. Although delayed Councils appointed archaeological team commenced works in the last week of April and completed the 38 test pits in mid-May.

A moderate number of artefacts spread across the whole Skate Park and all-inclusive playground site were identified. Further analysis to understand their cultural and historical significance is required and when completed the findings will be made available for comment to identified local Indigenous groups. A final report incorporating these comments will then be sent to Heritage NSW who make the final determination regarding the site’s significance and if any further measures are required.

The advice given to Council to date has been that this is will be at least a 3-4 month process which in turn will result in the skate park construction commencing in November 2022 instead of Precision Skate Parks proposal starting September 2022.

Council staff are committed to delivering this project prior to the end of 2022 in line with funding agreement timelines and availability of the preferred contractor.  To achieve this, it is likely that senior council staff will be required to assist in dialogue with Heritage NSW to help fast track any approvals that may be required to complete archaeological salvage works.

Council is confident that the project can be delivered within the allocated budget. This confidence stems from the detailed design, technical specifications, and bill of quantities that Darren White has provided.

Social / Cultural

The Aslings Beach area currently lacks a playground and dedicated picnic and meeting space while the current Barclay Street skate park is well and truly past its useful life.

The Barclay Street Sportsground and Recreational Precinct will be significantly enhanced with the construction of the Eden skate park and the adjoining all-inclusive playground.  It is expected that the precinct will become a meeting point for the local community and a desirable place for visitors to spend time.

Attachments

1.            RFT 2122-054 Confidential Attachment - Evaluation Memo & Score Sheet (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

 

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

 

 

2.         Eden Skate Park Final Design - 5 Nov 2021

 


Council

15 June 2022

Item 9.1 - Attachment 2

Eden Skate Park Final Design - 5 Nov 2021

 

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Council 15 June 2022

Item 9.2

 

9.2Road Closure - 99 Quarry Road, Greendale       

Council approval is being sought to commence the road closure assessment process under Division 3 of the Roads Act 1993 (NSW) to enable the permanent closure of an unconstructed road corridor off Quarry Road, Greendale within Lot 2 DP 538065.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council approve, in principle, the closure of the unconstructed Council public road corridor within Lot 2 DP 538065 at Greendale.

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.

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 the applicant to carry out extensions to the building currently located within part of the unconstructed road corridor off Quarry Road, Greendale within Lot 2 DP 538065.

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 corridor within Lot 2 DP 538065 at Greendale.  There is an existing office structure located within part of the road corridor and the applicant is proposing to carry out extensions to the building so to enable a development application to progress for this purpose rectification of the building encroachment into the road corridor is required.

As this unconstructed road corridor has been deemed as Council public road as per the status search undertaken by a private investigator Council are required to progress the road closure application and upon closure it will vest in the Crown and the applicant will need to negotiate a sale with them.

Council officers have considered the permanent closing of the section of road reserve and sale to the adjoining landowner and are supportive of the proposed closure so long as the road is consolidated with the landowners surrounding land parcels.

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.

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

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 the applicant will be required to negotiate a sale with the Department who will receive the proceeds of sale.

Options

The options available to Council are to:

1.    Approve the proposal received from the applicants for the closure of a section of unconstructed road corridor off Quarry Road, Greendale within Lot 2 DP 538065; 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 notices dated 16 April 1926 and 13 May 1927.  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, their own and Council’s legal costs incurred to finalise this matter.

In addition to these costs, the applicant has paid Council road closure application fee of $2,655.

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 close the surplus public road reserve.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed road closure algins with Council’s Road Closure and Private Sale procedure 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, 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.         Road Status Search - Lot 2 DP 538065 Greendale

 


Council

15 June 2022

Item 9.2 - Attachment 1

Road Status Search - Lot 2 DP 538065 Greendale

 

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Council 15 June 2022

Item 9.3

 

9.3RFT 2122-055 Council Report Bega STP Refurbishment     

Bega Sewage Treatment Plant (STP) aeration system is consistently failing and making it difficult to treat sewage to required standards. It is proposed to replace the failing components now and not wait for the major STP upgrade. This will protect the Bega River and our operational licence until a permanent solution is constructed.

Director Assets and Operations  

Officer’s Recommendation

That Council accept the recommendations in the attached confidential memorandum.

 

Executive Summary

This report details the outcome of evaluation of Tender RFT 2122-055 Bega Sewage Treatment Plant Basin Refurbishment, Diffuser Replacement and Concrete Tank Repairs.

The scope of this tender includes:

·    remove sludge from tanks

·    replace disc diffuser membranes

·    clear and modify anoxic zone pipework

·    supply and install a gantry walkway above Sequencing Batch Reactor (SBR) 1

·    repair any concrete defects which may be found once tanks are emptied

·    complete all required testing and commissioning.

The RFT was advertised 9 March 2022, via our website and the Vendor Panel marketplace. The request was released as an open tender.

A compulsory site meeting was held at Bega STP on 18 March 2022 where seven companies attended. Tenders closed 29 March 2022 with 2 submissions received, and a tender evaluation was completed on 31 March 2022 for offers from:

·    Dekort System Pty Ltd

·    RD Miller Pty Ltd.

Background

Aeration and biological treatment

Aeration is the process of adding air into mixed sewage liquor to allow aerobic bio-degradation of the pollutant components. It is an integral part of most biological sewage treatment systems. Unlike chemical treatment which uses chemicals to react and stabilize contaminants in the wastewater stream, biological treatment uses microorganisms that occur naturally in wastewater to degrade and remove wastewater contaminants. Bega STP uses fine-bubble disc diffusers in the digester and SBR tanks.

 

Figure 1   Disc diffusers blow compressed air through a circular black membrane to aerate sewage during treatment

Bio-selector pipeline blocked

The anoxic zone of the bio-selector frees the phosphorus from the raw sewage into a more bio-digestible form. It also liberates energy and carbon.

The aeration pipework within the anoxic zone of the bio-selectors is getting blocked preventing pre-aeration of the process.

SBR diffusers are inefficient

Sewage flows through the bio-selectors and into the SBR tanks. The SBR aeration zone uses the liberated energy and carbon to stimulate biologically activated sludge to bind with the phosphorus. This activated sludge can then be stored in sludge lagoons until it is poured onto a drying bed creating biosolids which are sent to local farms.

The membranes on the SBR diffusers were last changed in 2014 and are reaching the end of their life.  Several membranes have failed and are not creating fine bubbles any longer. They are creating poor air patterns and showing a decreased efficiency in dispersing oxygen through the tank.

Issues with treatment

Old diffusors and blocked pipework result in increased power usage and increased difficulty in managing the dissolved oxygen levels in the tank. This affects our ability to control the ammonia, total nitrogen, and phosphorus levels.

Phosphorus at Bega STP is tightly controlled compared to ocean outfall plants because it discharges to an inland waterway. Our target at Bega is 0.5 mg/L compared to 8 mg/L at Bermagui STP.

With blocked and failing aeration the phosphorus levels are hard to control. We are managing this by dosing extra coagulant. We spend around $7,000 per month on coagulant at Bega STP to physically precipitate phosphorus. Excess coagulant dosing has follow-on effects for reduced efficiency biological process and increased caustic soda dosing to correct pH. It also affects physical properties impacting biosolids processing and dewatering. Not improving aeration also leaves operators with no further treatment options when things don’t go to plan.

Project timing and operational risk

These works must be programmed to align with the traditionally lower rainfall period (winter) where high flow events are reduced. SBR 1 will be used to treat the incoming sewerage while SBR 2 is offline and SBR 2 will be used while SBR 1 is offline. The works required are similar to those carried out at Eden Sewage Treatment Plant (STP) Extended Aeration Tank (EAT) 2 in 2019 and EAT 1 in 2021 (refer RFT 2021-052 Eden aerobic diffuser replacement).

Figure 2 – Eden STP EAT 2 aerator replacement in 2019 with EAT 1 in operation.

Options

Overall, the Bega STP process is input-intense and risky. The proposed project will reduce the inputs and risk.

Do nothing and wait for the major upgrade

Doing nothing is an option staff have seriously considered. There is an upcoming major upgrade at Bega STP. This upgrade will take several years to complete and is vulnerable to delays due to issues such as critical staff turnover, if regulators disagree with design recommendations, or affordability limitations.

Waiting for the project to complete will result in greater energy and chemical consumption, and risk failure to meet licence conditions and greater pollution to the environment.

Doing it even better to lower energy cost

Changing the disc diffusers to a more modern but more expensive diffuser, like a tube or blade diffuser, would result in further energy reduction and a longer diffuser life. Because Bega STP is scheduled to have a major upgrade completed within 3-5 years the cost benefit may not be captured if the current plant is replaced or substantially reconfigured. We do not yet know the preferred upgrade option.

Community and Stakeholder Engagement

Carrying out this work will have no significant impact to the local community and so no community engagement is planned.

As there is an impact to the treatment process during the refurbishment resulting in an elevated risk of failing to produce effluent within the Bega STP licence limits, the EPA will be consulted prior to undertaking these works.

Since the work is a heavy maintenance activity and not a change to how we treat sewage we will not seek approval from section 60 technical approvers.

Engagement undertaken

No engagement undertaken at this stage.

Engagement planned

The EPA will be consulted outlining the works programmed, the schedule of works and methodologies being applied, the risk of the process and risk mitigation being undertaken.

Financial and Resource Considerations

Funds for this project have been budgeted for in next financial year.Legal /Policy

We are required to operate our sewage treatment plants within our licence limits.

EPA wrote to Council in in August 2021 asking us to please explain a 90th percentile exceedance for total phosphorus at Bega STP recorded on 4/8/2021. They used the R3 section of our Bega STP licence to formalise the request.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This maintenance aligns with our Operational Plan (OP) operate and maintain water supply and sewage treatment plants to meet health and environmental regulatory requirements and level of service objectives.

The scope of work has been mindful of next years’ proposed OP action to commence options assessment for the Bega Sewage Treatment Plant upgrade.

Environment and Climate Change

Through the renewal of the diffuser membranes, the air volume required to achieve the required aeration of the effluent will be reduced, thus reducing the energy consumption of the treatment process.

Economic

With the reduced energy and chemical consumption, a reduction running cost of the treatment process will be gained.

All work will be completed at Bega STP and will create economic activity in our community.

Risk

The main risk during the refurbishment will be maintaining the effluent within the EPA licence limits due to the reduced treatment capacity whilst each SBR Tank is offline. To minimise this risk, we have weighted the tender to focus on contractor capability to minimise any risk of schedule overrun. We have also scheduled these works during the months with traditionally lower rainfall to minimise the flows whilst the work is underway.

Social / Cultural

Bega STP treats sewage generated from social and economic activities. This enables sustainable development of the Bega community.

Attachments

1.            Confidential Memo Bega STP Basin Refurbishment (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 individual tenderers.

 

 

 


Council 15 June 2022

Item 9.4

 

9.4RFT 2122-054 Tathra Wharf Structure Restoration     

This report details the outcome of evaluation of Tender RFT 2122-054 Tathra Wharf Structure Restoration and recommends award to the preferred tenderer.

Director Assets and Operations  

Officer’s Recommendation

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

 2.   That Council accept the tender from (insert) in relation to contract for the works described in Tender 2122-054, in the amount of $(insert) (excluding GST), subject to variations and provisional sums.

3.    That authority is delegated to the Chiel Executive Officer to execute all necessary documentation.

4.    That the other tenderers be advised of Council’s decision.

 

Executive Summary

The Tathra Wharf Restoration Project is a grant funded project to undertake major restoration works to the heritage listed Tathra Wharf.  The works will address, in priority order, the wharf structure, the wharf building and the wharf precinct.  This tender relates to the wharf structure component of the project.

Two conforming tenders were received for the wharf structure restoration works tender.  The limited number of tender submissions is due to the highly specialised nature of the works involving deep water piling, and heritage bridge and wharf carpentry.  While both tenderers were assessed as capable of undertaking the works, only one tender was within the current project budget.

Background

The Tathra Wharf was constructed in 1862 and as one of the few remaining coastal deep-water wharves of the coastal shipping era and is listed on the NSW State Heritage Register.  The wharf sustained significant damage during the 2016 east coast low event, which necessitated $500,000 of urgent repair works.  As part of these works a full structural inspection (including divers inspecting the below water component) was undertaken of the supporting sub-structure.  This assessment identified that a significant proportion of the sub-structure (piles) of the wharf had deteriorated to such a degree that they had either failed or were at the end of their serviceable life.  More detailed condition assessment investigations were subsequently undertaken and a structural design model for the wharf developed.

In February 2021 Council was granted $7.1 million (excluding GST) by the NSW Government as part of the NSW Government Stimulus Package to support regional economies to recover from the COVID-19 pandemic to undertake “urgent essential upgrades including replacement of pile and building upgrades, including car parking and amenity upgrades at Tathra Wharf”.

Detailed design development, heritage assessment and approvals, environmental assessment and approvals, planning assessment and approvals and stakeholder consultation were subsequently undertaken.

The Request for Tender (Construction) RFT 2122-054 – Tathra Wharf Structure Restoration was released for public tender via Vender Panel on 23 March 2022.

A mandatory tender briefing was conducted at Tathra Wharf on 6 April 2022.  Tenderers conducted site inspection of the wharf structure and site.  The tender briefing was attended by 4 contractors.

The RFT closed on 2 May 2022, and conforming submissions were received via Vender Panel from the following:

·    GPM Marine Constructions Pty Ltd

·    Polaris Marine Constructions Pty Ltd

A non-conforming submission was received from Brooke Hire Services Pty Ltd containing no tender schedules, other than their schedule of rates for equipment hire.

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

PROJECT VALUE:

Overall project cost

Lump sum price breakdown

Rates for variations

PROJECT DELIVERY & FUNCTIONALITY:

Proposed delivery, including methodology, staff, contractors, equipment

Construction program

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

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

PROJECT EXPERIENCE:

Experience completing similar projects

References

Work health and safety, quality and environmental management qualifications

Demonstrated capacity to undertake this project

 

Options

The condition of the 1862 Wharf structure, and in particular the sub-structural piles, is such that unless major restoration works are undertaken there is a real risk that the wharf will sustain major damage and potentially be lost in a severe weather event.  Many of the original piles need to be replaced, with 28 % already failed or in very poor condition. Since the funding was granted, two piles have failed in separate weather events.  As such there is no realistic alternative to major restoration works, with the sub-structure the priority of the current funding.

The Heritage NSW requirement of “like-for-like” restoration effectively limited design and material options.  That said, Heritage NSW did approve the use of alternative materials for internal piles given that traditional turpentine timber piles of the diameter and lengths required on this project are extremely difficult to source.  Modern materials were also approved as protective wraps to the timber piles to significantly prolong the life of the sub-structure.

Community and Stakeholder Engagement

Engagement undertaken

The following stakeholder have been consulted during the design development, investigation, and approvals process:

·    NSW Crown Lands                           Funding Partner and Asset Owner

·    Heritage NSW                                    Heritage Approval

·    NSW DPI (Fisheries)                        Fisheries Permits

·    BVSC Planning                                   EP&A Act Part 5 Approval

·    Tathra Wharf Café                           Wharf building tenant

·    Tathra Wharf Museum                  Wharf building tenant

·    Tathra Wharf Group                       Marine ecology citizen science group

·    Tathra Chamber of Commerce

·    Tathra Amateur Fishing Club

·    Tathra Surf Lifesaving Club

·    Bega Local Aboriginal Land Council

In addition to the above consultation, the Tathra Wharf and Headland Precinct Masterplan is currently being developed.  The deliverables from the master-planning exercise will inform the scope of works for the future upgrade of the Tathra Wharf precinct, in particular vehicle and pedestrian access, circulation, and parking at the wharf and on Wharf Road. 

This process has involved extensive stakeholder and public consultation, including public exhibition and public information sessions, and public comment was promoted through Council’s “Have Your Say” website portal and will be reported to Council in a separate report later in the year.

Both projects are also featured on Council’s major projects webpage.

Engagement planned

Communication and consultation with the above stakeholders will be ongoing throughout the wharf structure restoration works.

Financial and Resource Considerations

The project is funded by a grant of $7.1 million (excluding GST) by the NSW Government the current funding in place is adequate to fund the scope of the works the subject of RFT 2122-054 Tathra Wharf Structure Restoration.

Item

$ Excl GST

Expenditure Detail

 

Capital Works

Refer to attached confidential memo

 

 

Total Expenditure

$7,100,000 (sum of all costs)

 

 

Source of Funds

 

NSW Govt Stimulus Package

$7,100,000 (excluding GST)

 

 

Total income available

$7,100,000 (excluding GST)

 

 

Total Project Capital Cost

$7,100,000 (excluding GST)

Total Available Construction Funding

$7,100,000 (excluding GST)

Project Funding Shortfall

= $0

 

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Capital Investment | Renewal, Upgrade, New

$7,100,000 

Annual maintenance and operational costs

    ~$50,000

Depreciation costs

 tbc

User charges (annual income)

 Lease income (café & museum)

Tathra Wharf will always have a considerable annual maintenance and operational upkeep due to the nature of its timber construction and exposed coastal location. It is expected the sub-structure works will reduce the costs for this element of the structure but will require an ongoing annual maintenance budget allocation to ensure it is preserved for future generations. Legal /Policy

The Tathra Wharf is Council managed asset, owned by NSW DPI&E - Crown Lands.  Crown Lands is the funding partner for this project and has provided formal Landowner Consent, NA91R8#01 dated 14 October 2021

Council (Planning), as the determining authority, reviewed the Project Review of Environmental Factors under the provisions of Clause 68(4) of the State Planning Policy (Infrastructure) 2007 and confirmed the project is a permitted activity without consent as defined by Part 5 of the EP&A Act 1979, dated 4 March 2022.

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with the Council’s Community Strategic Plan:

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

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

·    Strategy 2: Progress Measures - Infrastructure Milestones - Tathra Wharf Structure

The project aligns with Council's Delivery Program and Operational Plan, theme areas:

·    2 - Employment and Learning Opportunities

·    2.3 - Our economy is prosperous, diverse and supported by innovative and creative businesses

·    2.3.3 - Advocate, support and deliver sustainable tourism and visitor experiences to maximise the benefit to the community

Environment and Climate Change

The Tathra Wharf was constructed in 1862 and as one of the few remaining coastal deep-water wharves of the coastal shipping era and is listed on the NSW State Heritage Register.  An application under section 60 of the Heritage Act 1977, supported by a Heritage Impact Statement, was therefore required given the scale and scope of the proposed wharf structure works.  The application was approved by Heritage NSW, HMS 397 dated 16 December 2021. The heritage approval conditions have been included in the design, specification and contract scope of works

A Review of Environmental Factors (REF), (NGH 21-714 dated 24 January 2022), including a Marine Ecology Impact Assessment (Elgin, JN21341 dated 24 January 2022) was undertaken for the project.  The REF environmental impact mitigation measures have been included in the design, specification and contract scope of works.

DPI Fisheries permits under Part 7 and Section 37 of the Fisheries Management Act 1994 have been obtained, PN22/39 dated 2 March 2022 and FP22/16 dated 11 April 2022.  The conditions of these permits have been included in the design, specification and contract scope of works.

The wharf structure restoration works will ensure the preservation of a State Heritage Register asset, significantly reduce the whole of life cost of the asset and provide greater climate resilience to the assets against major ocean weather events and sea level rise.

Economic

The Tathra Wharf is an iconic heritage structure that provides heritage, economic, tourism, social and community benefits to the local, NSW Far South Coast and broader community.  The project will provide economic stimulus to the local economy during the restoration works themselves, and ongoing economic benefits through tourism and recreation into the future.

Risk

This objective of this project is to directly address the current structural deficiencies of the Tathra Wharf structure, and the real risk that the wharf will sustain major damage or potentially be lost in a major weather event, as observed in the 2016 East Coast Low.

The primary financial risk associated with the project is that the full extent of the state of deterioration of the structural components of the wharf cannot be fully determined until the wharf is essentially dismantled as part of the restoration process.  Mitigation of this risk has been through a comprehensive condition assessment by the marine design engineer and marine divers, allowances within the design scope of works, comprehensive schedules of rates as part of the tender, and retaining a contingency within the budget.

The primary environmental risk associated with the project is the impact of the restoration works on the diverse marine ecology that exists under the wharf and on the piles.  This has been comprehensively addressed in the REF, Marine Ecology Impact Assessment and the Fisheries Permits, and mitigation measures have been included in the design, specification and contract scope of works.

Social / Cultural

The Tathra Wharf is an iconic heritage structure that has significant social, community and cultural (European and indigenous heritage) value to the local, NSW Far South Coast and broader community.  The preservation of this asset, in a culturally and environmentally sensitive manner is in accordance with these social, community and cultural values.

Attachments

1.            RFT 2122-054 Tathra wharf restoration confidential memo (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

 

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

 

 

 


Council 15 June 2022

Item 9.5

 

9.5.  Bega Valley Local Traffic Committee     

This report recommends that Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 4 May 2022.

Director Assets and Operations  

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 4 May 2022 and tabled at the 15 June 2022 Council meeting.

1.    Timed Bus Zone, Auckland Street, Bega

        That Council approve the installation of a timed School Bus Zone on Auckland Street, Bega between the hours of 8.00am to 9.30am and 2.30pm to 4.00pm School Days for a length of 20 metres commencing at the northern end of the access driveway to the Auckland Street campus.          

2.    Installing ‘Park in Bays Only’, Merimbula Airport

        That Council approve the installation of “Park in Bays only” signage at the entrance to the Merimbula Airport southern car park and “End Restricted Parking Area” signage at the southern end of the Merimbula Airport southern car park.

 

Executive Summary

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

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

Background

Timed Bus Zone, Auckland Street, Bega

Discussions have been held with Sapphire Coast Buslines, requesting a time restricted bus zone for an area adjacent to the new TAFE Campus in Auckland Street, Bega. The request is for a time restriction from 8.00am to 9.30am and 2.30pm to 4pm School Days.

See attachment: Time Bus Zone Photos

Installing ‘Park in Bays Only’, Merimbula Airport

Councils Manager of Project Services would like to re-mark the parking bays to the South of Terminal and erect the appropriate signage.

See attachment: Merimbula Airport Parking Diagram

Options

That Council endorse the Officer recommendations in full.

That council do not support the recommendations.

Community and Stakeholder Engagement

Engagement undertaken

There has been no specific community and stakeholder engagement associated with this report other than consultation with Sapphire Coast Buslines for the Auckland Street Timed Bus Zone and internal communication with Council’s Manager of Project Services for the Merimbula Airport signage proposal.

Engagement planned

No further engagement is planned.

Financial and Resource Considerations

There are minor Financial and Resource considerations associated with this report for the installation of the signage and linemarking arrangements.

Legal /Policy

There are no further Legal/Policy implications associated with this report over and above existing legislative frameworks governing signage and linemarking.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no significant Strategic, Operational, Asset Management Plan or Risk issues associated with this report.

Environment and Climate Change

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

Economic

There are no significant Economic implications associated with this report.

Risk

There are no significant risks associated with this report.

Social / Cultural

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

Attachments

1.         Timed Bus Zone Photos

2.         Merimbula Airport Parking Diagram

 


Council

15 June 2022

Item 9.5 - Attachment 1

Timed Bus Zone Photos

 

PDF Creator


Council

15 June 2022

Item 9.5 - Attachment 2

Merimbula Airport Parking Diagram

 

PDF Creator


Council 15 June 2022

Item 9.6

 

9.6Bega Valley Regional Learning Centre     

This report provides details and recommendations regarding the future ownership and management of the Bega Valley Regional Learning Centre.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report and attached Confidential Operating Report for Bega Valley Regional Learning Centre.

2.    That Council retains ownership of the Bega Valley Regional Learning Centre.

3.    That Council increases permanent lease space within the Bega Valley Regional Learning Centre and tests the open market by running an Expression of Interest process inviting submissions for permanent leases of vacant suites and the co-workspace.

4.    That Council retains both the Mumbulla and Bittangabee rooms as bookable meeting rooms.

5.    That Council approves the extension of tenure for up to five (5) years to existing commercial tenants in the Bega Valley Regional Learning Centre for commercial rental as outlined in the attached Confidential Operating Report.

6.    That Council approves tenure for up to five (5) years to PCYC for their proposed occupation of suite 9 for the commercial rental of $21,985.56, declining to grant a rental rebate.

7.    That Council authorise the Chief Executive Officer and Mayor to execute all necessary lease documentation.

 

Executive Summary

Following the resolution from Council’s Ordinary Meeting of 22 September 2021 there has been no further interest regarding the sale of the Bega Valley Regional Learning Centre (BVRLC) and the six-month period to consider further offers has now lapsed. Council approval is being sought to retain ownership of the BVRLC and run an expression of interest (EOI) process for further leasing opportunities to utilise the facility to its full potential.  

Background

Council resolved at its Ordinary Meeting of 22 September 2021, when considering the outcome of the EOI process for the purchase of the BVRLC, as follows:

1.    That Council receive and note the report.

2.    That Council note the responses to the Expression of Interest process run by LJ Hooker for the sale of the Bega Valley Regional Learning Centre as outlined in the confidential attachment.

3.    That Council decline the offers received in response to the EOI run by LJ Hooker for the sale of the Bega Valley Regional Learning Centre as outlined in the confidential attachment.

4.    That Council end its current agreement with LJ Hooker relating to the sale of the Bega Valley Regional Learning Centre.

5.    That Council retain ownership of the Bega Valley Regional Learning Centre.

6.    That Council continue to consider offers over $5m for the Bega Valley Regional Learning Centre for the next 6 month period.

7.    That any offers received be reported back to Council for consideration.

8.    That Council endorse continued and further leasing arrangements at the Bega Valley Regional Learning Centre.

Following the resolution of Council, officers formally wrote to LJ Hooker, Bega terminating the Agency Agreement for the marketing and advertising of the BVRLC and arranged for the EOI to be published on the BVRLC webpage. In addition, the sale of BVRLC was advertised in Council’s Business News. To date Council officers have not received any further interest regarding the sale of BVRLC and the 6-month period to consider further offers has now lapsed.

Since the last report to Council’s Ordinary Meeting of 22 September 2021, the BVRLC has continued to operate effectively despite the prolonged disposal process causing operational issues in retaining and attracting new tenants and retaining staff to operate the venue.

As it currently stands the BVRLC is operating at a marginal profit with the potential to achieve additional income if Council officers were able to pursue further leasing arrangements in the facility beyond 2023. There are four (4) suites that are currently vacant and the co workspace which could be split into a further two (2) suites for permanent lease. Council has never tested the open market by running an EOI process for the permanent lease of suites within the venue. Current marketing of vacancies within the venue is limited and we have still received several enquiries for tenancy. It is expected full tenancy would not be difficult to achieve if appropriately marketed. The EOI process could include marketing and promotion plans to both broader community and targeted stakeholders to increase the public profile, permanent leases, and casual hire.

BVRLC is well utilised by Council staff for a range of purposes including off site meetings, printing and drop in desk space. BVLRC is identified as a Continuity Management Centre in Council’s Business Continuity Plan and is a well-built asset which can be easily repurposed in times of emergency. The BVRLC also enables Council to have a presence in Merimbula.

Council has received a request from PCYC to occupy suite 9 within the BVRLC. PCYC has applied for a rental rebate, in line with Council’s Rental Assessment and Rebate Procedure. The application has been evaluated using the matrix contained in the procedure by a panel of Council officers that included representatives from Property Services, Project Services and Community and Cultural Services teams and the rental rebate achieved was determined to be 58%. PCYC has also offered to pay an annual fixed rental amount of $10,000 for occupation of suite 9 and a casual hire amount of $50 part day and $100 full day for use of other casual hire rooms within the facility.

Council’s Rental Assessment and Rebate Procedure excludes Council’s facilities that are covered by specific legal commercial leasing and licensing agreements such as the BVRLC, however as PCYC are a not-for-profit organisation they have requested Council consideration for a rental rebate to be applied. BVRLC suites are currently predominantly occupied by not-for-profit organisations who all pay full commercial rental so Council officers do not recommend a rental rebate be applied to PCYC for occupation of space within this commercial facility.

It should be noted PCYC currently have a Crown Licence in place for their use of the building located on Zingel Place (R97856) Reserve next to the Court House in Bega which doesn’t expire until 31 August 2023.  As Council is Crown Land Manager for this Reserve the building is a Council asset and significant investment into the building has occurred to refurbish the youth space for their use (with an agreement that PCYC make the space available to other like-minded services).  For this reason, PCYC currently only pay $561.08 in rental for their use of the space.

Options

The options available to Council relating to the future ownership and management of the BVRLC are as follows:

1.    Retain ownership of BVRLC as a Council asset and maintain the status quo regarding the split of permanent and bookable space within the facility; or

2.    Retain ownership of BVRLC as a Council asset and increase space available for permanent lease by:

a.    Converting one of two (2) meeting rooms available for tenant use into a suite; and

b.    Converting the current co-workspace into two (2) office suites.  It should be noted there is now another privately owned commercial co-workspace available in Merimbula.

3.    Alternatively, there is an option for Council to run an EOI process following expiry of the existing tenancies on 30 June 2023 for an exclusive lease of the entire facility.  The May 2019 market rental valuation from Opteon Property Group outlined an annual market rental of $194,387 for the entire facility.

4.    Dispose of BVRLC as a Council asset. Noting the unsuccessful prolonged disposal process already undertaken and the operational disruptions because of this process.

The options available to Council relating to the future occupation by PCYC are as follows:

1.    Accept the recommendation provided by Council officers to approve tenure for up to five (5) years to PCYC for their proposed occupation of suite 9 for the commercial rental of $21,985.56, declining to grant a rental rebate; or

2.    Approve tenure for up to five (5) years to PCYC for their proposed occupation of suite 9 for the commercial rental of $21,985.56 less a rental rebate of 58%.  This equates to a starting rental of $8,956.29 per annum.

3.    Approve tenure for up to five (5) years to PCYC for their proposed occupation of suite 9 for the commercial rental of $10,000 per annum fixed rent to be paid monthly at $833.33 per month. 

Community and Stakeholder Engagement

Engagement undertaken

All current tenants at the BVRLC were advised of the resolution from Council’s Ordinary Meeting of 31 March 2021 and 22 September 2021.

There is currently only one (1) permanent user of the co-workspace at the BVRLC, who occupies the space independently five (5) days per week and has done so for many years.  This is not a lease arrangement and is treated as casual room hire and is charged monthly as per the 2021/2022 Fees and Charges at $400 per month.

Council officers have approached this user regarding the option to move to a lease within a suite at the BVRLC and the user is understanding that it is possible that the co-workspace may be repurposed for other uses and would therefore not be available for casual hire.  This user has indicated an interest to move to a lease arrangement if necessary.

There are currently two (2) meeting rooms available at the BVRLC for the exclusive use of BVRLC tenants.  The bookings are managed manually, and both have seen steady utilisation in the past.  Council officers have advised tenants of the BVRLC regarding the possibility of converting one (1) of the meeting rooms to a suite available for lease, with one being retained for tenant use.

Council officers have discussed the proposed occupation of suite 9 with representatives from PCYC and advised the rental rebate request would be a decision for Council as Council’s Rental Assessment and Rebate Procedure excludes Council’s facilities that are covered by specific legal commercial leasing and licensing agreements such as the BVRLC.

Engagement planned

BVRLC tenants and users will be advised of the outcome of this report.

If Council resolves to lease the meeting rooms within the facility or prepare the facility for disposal, consultation will need to be undertaken with clients who have upcoming venue hire bookings.

Council officers could complete an EOI process via public tender and publicly advertised seeking new tenants for the vacant suites.

Council officers will continue to liaise with PCYC regarding their proposed occupation of suite 9.

Financial and Resource Considerations

The following table shows revenue and expenditure for the facility over the past few financial years. It is noted that the current financial year data includes all year-to-date revenue and expenditure but there is still another month left in the financial year.

 

Although the meeting rooms do generate some income, it is evident that the permanent leasing generates a more stable income stream for Council.

The following table includes a column for the projected facility revenue if we were to lease suite 3 currently occupied by BVSC, suite 5, 9 and 15 which are all currently vacant and the co workspace. This would leave the Mumbulla and Bittangabee rooms as bookable meeting rooms as well as the two smaller meeting rooms currently available to facility users. With the projection table, 2.5 percent CPI has been added to the total revenue from 21/22 and 10 percent has been added to the expenditure.

Increasing the permanent lease space within the facility will enable Council to secure more commercial leases to increase revenue, whilst maintaining a strong commercial property portfolio. 

Consideration should be given to Council’s use of the facility for a range of purposes outlined in the background section of this report. Council officer’s recommendation is to retain the use of two (2) meeting rooms available for members of the public and Council officers to hire (Mumbulla and Bittangabee).  Each room offers differences in size and space allowing the versatility to accommodate a range of uses and bookings to suit the community’s needs.

The BVRLC facility requires resources to manage the leasing and booking arrangements, opening/closing, security and building maintenance.  

Legal /Policy

In accordance with Council’s Acquisition and Disposal of Land Procedure, all decisions, and actions in relation to the disposal of land and buildings must have due regard to the following fundamental principles:

•     Best value for money – achieving “best value” may include financial, social and environmental benefits.

•     Transparency – processes must be open to scrutiny and provide full information and record the reasons behind the decisions.

•     Accountability – demonstrate the best use of public resources and the highest level of performance through appropriate record keeping and audit trails.

•     Impartiality – address perceived or actual conflicts of interests.

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

Operational Plan 2021 – 2022: Goal 3: Our economy is prosperous, diverse and supported by innovative and creative businesses.

Investigate further monetisation of available spaces at Regional Learning Centre.

Delivery Program 2.3.1: Provide, manage and promote use of the Bega Valley Regional Learning and Commemorative Civic Centres.

Environment and Climate Change

There are no environment or climate change impacts relating to this report.

Economic

BVRLC supports economic/business growth through:

·    Accommodating businesses (large and small).

·    Providing desk space for increasing trend of individuals working remotely (alternative to working from home).

·    BVRLC supports local Merimbula businesses and tourism through attracting local and broader visitors to the area. Great meeting point for regional and state-wide business networks which increases local spending and promotion of Merimbula and Bega Valley Shire’s natural assets.

BVRLC supports the community through:

·    A network of training and care providers easily accessible to the public in one place.

·    Providing affordable, professional and fun large spaces for youth and training programs.

Risk

In determining its direction, Council should consider several risks associated with this report including but not limited to:

•     Reputational risks:

Community's view on how Council is handling the management of the BVRLC.

Disposal of this asset will have logistical issues for tenants and their business operations.

BVRLC provides Council with short reappropriation for undertakings that the organisation desires e.g. Continuity Management Centre in BVSC Business Continuity Plan, office space for staff, meetings, training.

Prolonged disposal process has made it challenging to attract and retain tenants due to Council’s inability to provide long term security of tenure.

·   Financial risks:

Ongoing liabilities related to building management whilst in Council ownership, the cost of operating the facility; and future costs to undertake major works, should the building stay in Council ownership.

Council has invested considerably in this asset over the last five years.

If Council increased the office space available for lease at BVRLC, this would allow the facility to be financially sustainable whilst continuing to meet the service delivery expectations of the community.

If the occupancy rate of the facility is low, there is a financial risk to Council.

Social / Cultural

Continuing to facilitate the delivery of training from the facility remains a priority.  However, this provision could be expanded to include further services which are predominately focussed on the community.  If Council increased the office space available for lease at BVRLC, this would allow the facility to become financially sustainable whilst continuing to meet the service delivery expectations of the community, with continued availability of rooms for public hire.

Attachments

1.            Opteon Property Group valuation report for Bega Valley Regional Learning Centre (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). 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.

 

 

2.            Opteon Property Group market rental valuation report for Bega Valley Regional Learning Centre (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). 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.

 

 

3.            BVRLC Operating Report May 2022 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

 

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). 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.

 

 

 


Council 15 June 2022

Item 9.7

 

9.7Proposed divestment - Lot 66 DP 1171407 Ravenswood Street, Bega            

Following a prolonged and unsuccessful attempt to formalise the sale of this property to multiple offerees, a further 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 Chief Executive Officer and Mayor. 

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

6.    That Council delegate authority to the Chief Executive Officer and Mayor to negotiate a sale of Lot 66 DP 1171407 Ravenswood Street, Bega, for a minimum value as determined by Council should the sale to the offeree not progress.

 

Executive Summary

Council has accepted two offers for the purchase of Lot 66 DP 1171407 Ravenswood Street, Bega but a sale has not progressed to completion despite continuous follow up with LJ Hooker, legal representatives, 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.  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 followed up the proposed purchasers regarding exchange of contracts, but the matter did not progress to completion. 

LJ Hooker Bega formally wrote to Council with a second offer for the purchase of Lot 66 DP 1171407 Ravenswood Street, Bega and given the time since 27 January 2021 when Council resolved to proceed with the original offer a further report was presented to Council. Council resolved, at its Ordinary Meeting of 9 February 2022, when considering the second offer as follows:

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 Adam and Daniel Blacka, 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.

Following the Resolution of Council, the Chief Executive Officer and Mayor executed the contract for sale, but the contract was never counter signed by the purchasers and on 12 April 2022, Council officers received advice from legal representatives advising the purchaser is no longer proceeding. Since this advice LJ Hooker advised the original offeree that the property was back on the market and additionally held discussions with several other prospective purchasers.  Following negotiations LJ Hooker confirmed one offer from the original offeree at the original offered price.

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 Resolutions on 27 January 2021 and 9 February 2022, Council officers confirmed with LJ Hooker and the proposed purchasers that their offer had been accepted and advised legal representatives to issue the Contract for Sale of land.  LJ Hooker and legal representatives chased proposed purchasers on both occasions, but a sale did not progress.  On both occasions the proposed purchasers had been investigating whether a change in zoning was 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 to 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 and 9 February 2022 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.            Confidential Memorandum to councillors 15062022 (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). 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.

 

 

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). 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.

 

 

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

4.         Council report dated 9 February 2022 - Proposed divestment Lot 66 DP 1171407 Ravenswood Street, Bega

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

 


Council

15 June 2022

Item 9.7 - Attachment 3

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

 

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Council

15 June 2022

Item 9.7 - Attachment 4

Council report dated 9 February 2022 - Proposed divestment Lot 66 DP 1171407 Ravenswood Street, Bega

 

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Council

15 June 2022

Item 9.7 - Attachment 5

Land Divestments Options Lot 66 DP 1171407 Ravenswood Street, Bega

 

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Council

15 June 2022

 

 

Staff Reports – Business and Governance

 

15 June 2022

 

10.1            Review of Council Policies - Batch 3.................................................................. 155

10.2            NSW Regional Housing Fund Program Project Nomination............................. 159

10.3            Determination of the Local Government Remuneration Tribunal - 2023 Financial Year - Mayoral and Councillor Fees............................................................................. 165

10.4            Certificate of Investment May 2022................................................................. 169


Council 15 June 2022

Item 10.1

 

10.1. Review of Council Policies - Batch 3     

This report presents 14 Council policies that have been reviewed by relevant council officers in accordance with Section 165 of the Local Government Act 1993.

Director Business & Governance  

Officer’s Recommendation

1.    That Council place the following draft policies on public exhibition:

·    Policy 1.01 Community Wellbeing

·    Policy 1.02 Inclusive Communities

·    Policy 1.03 Arts and Culture

·    Policy 1.04 Volunteering

·    Policy 1.05 Film and Video

·    Policy 1.06 Cultural Diversity

·    Policy 2.01 Community Learning, Library and Education Policy

·    Policy 3.03 Soil and Water Management

·    Policy 3.06 Pesticide Use

·    Policy 4.02 On-site Sewage Management

·    Policy 4.03 Public Regulation

·    Policy 4.11 Planning Agreement

·    Policy 4.13 Heritage Works of a Minor Nature

·    Policy 6.10 Communications

2.    That the Policies listed above be exhibited for a minimum period of 28 days and that submissions be received for 42 days.

3.    That Policy 4.03 Public Regulation be REVOKED and that any procedures sitting under that Policy be moved to the revised Policy 4.05 Enforcement and Compliance (currently on exhibition).

4.    That following public exhibition, a further report be presented to Council including submissions received and the final policies for adoption.

5.    That the adopted policies to be published on Council’s website.

 

Executive Summary

The Local Government Act 1993, Section 165 states that Council’s local approvals and orders policies are automatically revoked 12 months after each ordinary election unless adopted after the election.

Councils should review their existing local approvals and orders policies after the election to ensure they are current and fit for purpose. If the policies are still required and the council proposes to adopt them with or without amendment, it must first exhibit the draft policy for at least 28 days and invite submissions for a period of at least 42 days (Section 160).

After considering submissions, councils may decide to amend the policy, adopt the policy without amendment or not adopt the policy (which would result in the policy being revoked).

This report presents 14 policies that have been reviewed and recommended to be placed on exhibition.  Policy 4.03 Public Regulation is recommended to be revoked as part of this review.

Background

Under the Local Government Act 1993, Council policies are required to be reviewed at least every four years and within 12-months of the Local Government Elections.  The previous review was completed in 2017.

The current review of the policy framework and documents has been delayed since 2020 due to the NSW Local Government Election being pushed back for a 12-month period due to the COVID-19 pandemic and its associated restrictions. 

Subsequently, elections were held on 5 December 2021 and Bega Valley Shire Council’s election declared on 23 December 2021.

Under Section 165 of the Act, Council is now reviewing its policy framework and documents, and is doing so in five batches.  This report is being presented so Council can consider the reviewed documents in the third batch of policies.

The polices presented for review in this report are:

·    Policy 1.01 Community Wellbeing

·    Policy 1.02 Inclusive Communities

·    Policy 1.03 Arts and Culture

·    Policy 1.04 Volunteering

·    Policy 1.05 Film and Video

·    Policy 1.06 Cultural Diversity

·    Policy 2.01 Community Learning, Library and Education Policy

·    Policy 3.03 Soil and Water Management

·    Policy 3.06 Pesticide Use

·    Policy 4.02 On-site Sewage Management

·    Policy 4.03 Public Regulation

·    Policy 4.11 Planning Agreement

·    Policy 4.13 Heritage Works of a Minor Nature

·    Policy 6.10 Communications

It is recommended that policy 4.03 Public Regulation be revoked as the currently adopted policy 4.03 has become redundant.  Functions of that policy are covered in Policy 4.05 Public Regulation which is currently on exhibition.

Should Council adopt the recommendation to revoke Policy 4.03 Public Regulation, any procedures sitting under Policy 4.03 will be moved to be aligned under Policy 4.05 Public Regulation (currently on exhibition).

Options

Council has approximately 60 Local Policies. The 2022 review of Council’s policies will be presented in a series of reports to Council over the 9 months following the election to allow both Council and the community adequate time to consider each Policy and to make and consider any submissions for final adoption within the 12-month timeframe.

Based on the review of the policy framework and contents of the policy documents, council has the following options:

1.    Adopt the draft policy document with no changes.

2.    Adopt the draft policy document with changes.

3.    Revoke the policy.

Community and Stakeholder Engagement

Engagement undertaken

Relevant Council Officers have been engaged internally as subject matter experts for the purpose of reviewing the content of policies presented within this report. 

Engagement planned

The draft policies presented within this business paper, if endorsed by Council, will be placed on public exhibition for a period of 28-days. Members of the public will be given the opportunity to make submissions on the draft policies for up to 42 days.

The submissions received will be considered for inclusion in the policy document.  If the submissions received are included in the draft policy, and as a result, cause a significant change in the policy position, this will be included in the recommended final version.

A further report will be submitted to Council to adopt the final version of the policies. Adopted policies are publicly available on Council’s website.

Financial and Resource Considerations

Review of Council’s policies is a core function of Council’s Governance Section and administration of the review is within Council’s approved budget for each Directorate.

Legal /Policy

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

165 Amendment and revocation of local policy

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

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

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

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

The review process ensures Council’s policies will be adopted within 12 months of the 2021 Local Government Election.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of these policies 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

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

Economic

There are no economic impacts in undertaking a review of these policies.

Risk

Councils are required to review policies on a regular basis to ensure they are fit for purpose.  This review meets the requirements to ensure Council has complied with the relevant clauses of the Local Government Act 1993.

Social / Cultural

Review of Council’s policies is done as required. All policies are available on Council’s website to ensure the community is informed about how Council complies with legislation and its processes for implementing that legislation and the strategic direction of Council.

Documents to be Exhibited

To view the documents that will be exhibited use the following links:

·    DRAFT for exhibition Policy 1.01 Community Wellbeing

·    DRAFT for exhibition Policy 1.02 Inclusive Communities

·    DRAFT for exhibition Policy 1.03 Arts and Culture

·    DRAFT for exhibition Policy 1.04 Volunteering

·    DRAFT for exhibition Policy 1.05 Film and Video

·    DRAFT for exhibition Policy 1.06 Cultural Diversity

·    DRAFT for exhibition Policy 2.01 Community Learning, Library and Education Policy

·    DRAFT for exhibition Policy 3.03 Soil and Water Management

·    DRAFT for exhibition Policy 3.06 Pesticide Use

·    DRAFT for exhibition Policy 4.02 On-site Sewage Management

·    DRAFT for exhibition Policy 4.11 Planning Agreement

·    DRAFT for exhibition Policy 4.13 Heritage Works of a Minor Nature

·    DRAFT for exhibition Policy 6.10 Communications

·    Existing Policy 4.03 Public Regulation (recommended to be revoked)

 

Attachments

Nil

 


Council 15 June 2022

Item 10.2

 

10.2. NSW Regional Housing Fund Program Project Nomination     

This report has been prepared to seek Council support for the proposed project to be funded by the NSW Department of Planning and Environment Regional Housing Fund grant program.

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the report regarding the application of the Boundary Road Flood Mitigation and Road Improvement Works as the project nominated to the NSW Regional Housing Fund for the full allocation of the $1.4m grant funding.

2.    That Council support advocacy to the Department of Planning and Environment and the Minister for Local Government to ensure that future funding released under the NSW Regional Housing Fund program include allocation for planning and the provision of housing. 

 

Executive Summary

The NSW Regional Housing Fund (RHF) was announced by the Minister for Planning and Homes on 3 February 2022.

The $30 million grant program, of which Bega Valley Shire Council was allocated $1.4 million, is to be allocated towards the delivery of new infrastructure upgrades and public and open space projects that directly support the delivery of new housing supply.

Council officers have been working to provide suitable potential projects that meet the grant guidelines for nomination to the NSW Regional Housing Fund.  The final project nomination is:

·    Boundary Road Flood Mitigation and Road Improvement Works

Background

The NSW Regional Housing Fund was created to incentivise Councils to respond to the recommendations of the Regional Housing Taskforce by creating pathways for new housing development.

The objectives of the fund are to:

·    unblock and accelerate new housing capacity in regional NSW,

·    bring forward construction and the opportunity for jobs and economic activity in the short to medium term; and

·    support investment in critical development infrastructure and high-quality public and open spaces.

Bega Valley Shire Council was allocated $1.4million under this grant program, with the Department advising there would likely be future grant funding to continue to meet the Regional Housing Taskforce recommendations.

As part of the grant application Council is required to address the growing housing pressures in their areas, demonstrate a commitment to land use and infrastructure planning initiatives that support new affordable and market housing in their local government area and respond to the Regional Housing Taskforce recommendations outlined below.

1. Support measures that bring forward a supply of “development ready” land.

2. Increase the availability of affordable and diverse housing across regional NSW.

3. Provide more certainty about where, when and what types of homes will be built.

4. Investigate planning levers to facilitate the delivery of housing that meets short term needs.

5. Improve monitoring of housing and policy outcomes and demand indicators

 

Initially Council staff had recommended, based on the guidelines and Taskforce recommendations, that the funding be allocated towards partnering with community organisations to deliver crisis housing, a range of planning related studies and intersection upgrades in Wolumla.

After further consultation with the Regional Housing Fund it was confirmed that the $1.4million allocation under the Regional Housing Fund ‘is not for the construction of actual residential buildings’. Council was advised that the type of infrastructure considered eligible within the guidelines may include roads, drainage, water and wastewater infrastructure, telecommunication assets.

It is also noted the program does not support isolated studies/plans. This approach by the NSW Department of Planning and Environment to not support the construction of actual housing under the Fund nor allow for it to be allocated to studies and planning associated work is the basis for the advocacy Council will undertake to ensure that any future funding rounds are more aligned with the broad planning and delivery needs of Council and the Taskforce recommendations.

On 4 March 2022 the Department of Planning and Environment announced an application extension until Friday 3rd June 2022 to flood affected Councils.  Bega Valley Shire Council applied for this extension and was successful.  The updated program timeline includes:

·    Stage 1 applications closed at 4.00 pm Friday 3rd June 2022 with the outcome advised to councils in late July 2022

·    Councils’ complete commitments in Stage 1 before (second payment) 31 March 2023

·    All other dates remain unchanged [refer to Page 9 Program Guidelines]: see Table 3 from Guidelines below:

 

Timeframes - Table 3: Timetable for the NSW Regional Housing Fund (Page 9 of NSW Regional Housing fund Guidelines)

 

 

Activity

Date by

Stage 1 applications open

Thursday, 3 February 2022

Stage 1 applications close

Friday, 11 March 2022

(now 3 June 2022)

Participation agreements offered to eligible councils

Friday, 8 April 2022

(post 3 June 2022)

Participation agreements returned to department

Friday, 22 April 2022

(post 3 June 2022)

Participating councils announced

Tuesday, 26 April 2022

(post 3 June 2022)

Stage 2 applications open

Stage 2 applications close

Friday, 3 June 2022

Funded projects announced

Monday, 1 August 2022

Stage 2 funding agreements executed (first payment)

Friday, 19 August 2022

Construction commences, from

Friday, 19 August 2022

Councils’ complete commitment in Stage 1 before (second payment)

Saturday, 31 December 2022

Construction complete

Sunday, 31 December 2023

 

There are essentially two elements to the application. The first being a Program Outline Plan that demonstrates how Council will meet the 5 key recommendations of the Regional Housing Taskforce, noting that any item we list in the Program Outline Plan will not be funded by the Regional Housing Fund, yet will be used to determine if we are meeting the grant outcomes.

Initiatives in the non-funded Program Outline Plan element may include strategic planning and rezoning, policy, infrastructure, or service delivery projects. Given this approach the staff recommendation is to only include the recently adopted Bega Valley Shire Council Affordable Housing Strategy as the Program Outline Plan initiative.

The second element of the application then relates to how Council will spend the $1.4million allocated on the recommended infrastructure project, being the Boundary Road flood mitigation and road improvement works.

Boundary Road flood mitigation and road improvement works

The Boundary Road flood mitigation and road improvement works involves the upgrade of the remaining section of Boundary Road, Bega. This includes the seal and upgrade of an existing rural road with drainage and safety improvements to provide and maintain emergency access to the South East Regional Hospital (SERH) from the Probable Maximum flood event (PMF). Specifically these items include:

·         Minor vertical alignment improvements to improve intersection sight distance

·         Raising of road levels for flood immunity

·         Widening of existing pavement to cater for compliant travel lane widths in both directions

·         Upgrade of stormwater assets for flood immunity

·         Reseal

·         line marking

This project has been selected as being the most suitable for the funding as it meets Council’s flood mitigation objectives in the Bega and Brogo Floodplain Risk Management Plan (FRMP). During the development of the FRMP, Boundary Road, Bega was identified as one of 24 management and implementation improvements, specific to flood safe alternative access to hospital/emergency access. At the time, 1568 property owners were provided a newsletter and a survey designed to understand the community impacted by the study, their experiences with flooding, their key concerns relating to flooding of the local area and any suggestions for ways to manage flood risk.  Community input was sought to inform the development and assessment of flood risk management options through a series of workshops.

This project has a further benefit with the upgraded access directly supporting a development application at Newtown Road/Boundary Road/East Street proposing 200 lots (300 dwellings).  A future development application for Boundary Road/Glen Mia is projected to be between 300-500 dwellings over the next 25 years.

Options

Based on the recent adoption of the Affordable Housing Strategy, consultation with NSW Department of Planning and Environment and consideration of relevant strategies and eligible projects by the Leadership Executive Group, Council has submitted the application to meet the required timeline of the Regional Housing Fund.

Council can support the recommendations in this report or seek for an amendment to be made to the application or advocacy position regarding the scope of future funding.

Community and Stakeholder Engagement

Engagement undertaken

In collaboration with Eurobodalla Shire Council and Broken Hill City Council, staff engaged with the Department of Planning and Environment to seek clarity on the guidelines provided and to confirm the two-element approach and the suitable project types.

Council staff from Assets and Operations Directorate have been involved in identifying eligible projects for consideration.

Council has prepared an advocacy letter to be presented to Department of Planning and Environment and the Minister for Local Government addressing concerns in relation to the absence of support for crisis housing (Attachment 1).

At present, no external consultation has occurred for the grant application. The community and stakeholder engagement undertaken as part of the development of the Bega Valley Shire Council Affordable Housing Strategy has been used to inform this application.

Engagement planned

Community and stakeholder engagement for Boundary Road flood mitigation and road improvement works will consist of pre-construction planning activities such as resident notifications and media releases.  Project specific community engagement will be required to manage impacts on the community during the construction phase.

Financial and Resource Considerations

The entire project is estimated at $2,215,411.03.  Funding previously secured for Boundary Road includes Flood Management Program $347,093.00, which has been expended on the original seal upgrade of the existing gravel road. 

The $1.4m from the Regional Housing Fund will be spent entirely on the Boundary Road flood mitigation and road improvement works project, to complete the project.  At this point in time the remainder of the funds will be sourced from Councils General Fund unless further funding is identified and secured.

Legal /Policy

There are no direct legal implications associated with the proposal, the projects are aligned with Council’s adopted Affordable Housing Strategy and the Bega and Brogo Floodplain Risk Management Plan.

Council is required to apply for funding within the guidelines and if successful will be bound by a funding for the project.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan

CSP 1             Active and Healthy Communities

CSP 1.1         We are cooperative, caring and enjoy a culturally rich community life

CSP 6             Strong, Consultative Leadership

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

Environment and Climate Change

In support of the infrastructure works to be funded with this grant allocation, the 2018 Bega and Brogo Rivers Floodplain Risk Management Study and Plan development considered Climate Change effects such as increased rainfall intensity and sea level rise when determining the relevant flood risk in the catchment.  The results were considered and used in the development of the preliminary risk treatment options. The options were publicly exhibited and those identified as most useful have been included in the FRMP.  A multi-criteria analysis was used to evaluate the preliminary options that includes environmental considerations.

Economic

There will be minor short term positive impacts from the construction phase of the project through the consumption of local goods and services.  There are longer term positive economic and housing impacts associated with construction activities through the delivery of improved transport infrastructure that is used to access land for housing. 

Positive economic productivity impacts are expected as a result of maintaining a greater level of flood free access within the catchment. Negative economic impacts arising from flood events are expected to be offset as a result of completing the Boundary Road access upgrade identified in Council’s adopted Bega and Brogo Rivers Floodplain Risk Management Plan. 

Risk

The flood risks within the Bega and Brogo Rivers catchment at the township of Bega have been identified and the definitive action of completing the Boundary Road emergency access upgrade has addressed the identified risk of providing a flood safe alternative access to hospital.

The population and dwelling increases as a result of increased housing stock has some impacts on floodplain risk management, strategic infrastructure planning, land-use planning and emergency response planning with a greater number of people and properties moving into the catchment. 

In the current market climate, the other identified risk is project cost escalation as a result of project delivery and delay.  This has been an observed trend in many other grant related projects in delivery or planned for delivery. The funding has specific timeframes that must be met. Achieving these milestones will be programmed to ensure project completion by December 2023.

There are financial and reputational benefits this funding provides as it enables Council to contribute to realising strategies of the Community Strategic Plan, specifically, affordable housing and flood management in a changing climate.

Social / Cultural

There are positive social impacts as a result of the completion of the emergency access upgrade.  Improved all-weather flood free access to the nearby South East Regional Hospital will be achieved and a greater level of amenity for housing and the community as a result.   

Attachments

Nil

 


Council 15 June 2022

Item 10.3

 

10.3. Determination of the Local Government Remuneration Tribunal - 2023 Financial Year - Mayoral and Councillor Fees            

Council is required to adopt an annual fee payable to all Councillors and the Mayor for the 2023 Financial Year.

Director Business & Governance  

Officer’s Recommendation

1.    That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2022 to 30 June 2023 will be $21,100

2.    That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2022 to 30 June 2023 will be $46,040.

 

Executive Summary

Council requires a resolution to set the Councillor and Mayoral fees annually. The Local Government Remuneration Tribunal (the Tribunal) has determined that there will be a 2% increase in the minimum and maximum mayoral and councillor fees for the 2022/23 financial year, effective from 1 July 2022.

The Tribunal considers several factors before making a determination, including things such as NSW industrial relations environment, consumer price index, public sector wages and the rate peg.

The Officer’s recommendation is that Council sets the fees at the maximum rate, paid in arrears. Bega Valley Shire Council is categorised as ‘Regional Rural’.

Background

The Local Government Remuneration Tribunal (the Tribunal) has determined that there will be a 2% increase in the minimum and maximum mayoral and councillor fees for the 2022/23 financial year, effective from 1 July 2022. A copy of the Office of Local Government Circular to Councils can be found here: Office of Local Government Circular 24-14

The Local Government Remuneration Tribunal is required to determine the remuneration categories of councils and mayoral offices at least once every three years under Local Government Act 1993. The Tribunal last undertook a significant review of the categories as part of its 2020 determination and will next review these categories in 2023.

The Tribunal found the allocation of councils into the current categories appropriate. Criteria for each category is published in Appendix 1. These categories have not changed further to the extensive review undertaken as part of the 2020 review.

For the purpose of determining remuneration, Bega Valley Shire Council is classified as a Regional Rural Council.

A copy of the Local Government Remuneration Tribunal Report can be found on the NSW Remuneration Tribunals website here:  2022 annual determination LGRT

The maximum annual fee payable to each Councillor (including the Mayor) proposed for Councillor fees for FY2023 is $21,100 with an additional amount of $46,040 payable to the Mayor.

Councillors are also entitled to claim reimbursement for expenses incurred in carrying out their elected duties in accordance with Council’s Policy 6.023 Payment of expenses and provision of facilities for Councillors. These reimbursements are in addition to the annual fees outlined in this report.

Councillor fees are payable monthly, in arrears, and a budget allocation has been included in the draft budget to meet the recommended payments. As resolved by Council on 20 April 2022, the draft budget also includes a provision for superannuation payments on the councillor and mayoral fees that will also commence 01 July 2022.

Options

Councillors are required to set the fee in line with the Local Government Remuneration Tribunal determination. The following is noted,

·    A council cannot fix a fee higher than the maximum amount determined by the Tribunal.

·    If a council does not fix a fee, the council must pay the minimum fee determined by the Tribunal.

Community and Stakeholder Engagement

Engagement undertaken

The draft budget was placed on exhibition until 1 June 2022. Council will resolve the budget for FY2023 at the Council meeting on 29 June 2022.

Engagement planned

No further engagement is required.

Financial and Resource Considerations

The draft budget has allocated $236,350 for councillor and mayor fees that covers the maximum annual fee determined by The Local Government Remuneration Tribunal.

Should Council wish to resolve not to pay the maximum fees, council will revise the proposed budget allowance before the budget is adopted at the 29 June Council Meeting.

Fees for General Purpose and County Councils

 

Legal /Policy

The Local Government Act 1993, outlines how Councillor fees are determined, fixed and paid:

Division 4 Local Government Remuneration Tribunal:

241 Determination of fees

The Remuneration Tribunal must, not later than 1 May in each year, determine, in each of the categories determined under section 239, the maximum and minimum amounts of fees to be paid during the following year to councillors (other than mayors) and mayors.

Division 5 What fees, expenses and facilities may be paid or provided to councillors?

248   Fixing and payment of annual fees for councillors

(1)  A council must pay each councillor an annual fee.

(2)  A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

(3)  The annual fee so fixed must be the same for each councillor.

(4)  A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

249   Fixing and payment of annual fees for the mayor

(1)  A council must pay the mayor an annual fee.

(2)  The annual fee must be paid in addition to the fee paid to the mayor as a councillor.

(3)  A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

(4)  A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

(5)  A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

250   At what intervals are fees to be paid?

Fees payable under this Division by a council are payable monthly in arrears for each month (or part of a month) for which the councillor holds office.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with the following 2022 Delivery Program and operational 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

Environment and Climate Change

There are no environmental or climate change impact relating to the recommendations of this report.

Economic

Items 28 and 29 in the determination include a summary of the submission made by the LGNSW Association and reference research into inequity and inadequate payments to elected officials. The responsibilities and accountabilities are increasing and there is a perceived disconnect between workload and remuneration. These have been considered in the determination by LGRT. 

Risk

Council’s Annual Report includes information on payments to Councillors and provision of facilities. Formal adoption of the amounts in line with remuneration tribunal recommendations ensures legal requirements are met.

Social / Cultural

Reporting on Councillor and Mayoral fees informs the community, the Councillors and future potential councillor candidates about the financial assistance provided to Councillors while undertaking their role as an elected official.

Attachments

Nil

 


Council 15 June 2022

Item 10.4

 

10.4. Certificate of Investment May 2022     

This report details Council’s cash and investments at the end of May 2022.

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the report on Council’s investment position at 31 May 2022.

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

 

Executive Summary

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

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

On 31 May 2022 total capital value of investments is $109,286,267 with 82.35% of Council’s investment portfolio directed to term deposits. The remainder is held in cash deposit accounts.

Included in cash figures is $6 million advance payments for Financial Assistance Grant and $1 million in flood relief funding ($7M total). These payments were not expected to be paid until 2023 financial year.

Council has received year to date interest income of $379,950 that is 88% of the projected budget amount. The value of outstanding government grant debtors is $6,499,352.13.

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 May 2022 is detailed below.

Issuer

Rating

Type

Purchase

Maturity

 Rate

Capital Value

Commonwealth Bank

At Call

A-1+

CASH

-

-

0.20

7,000,000.00

Commonwealth Bank

Operating

A-1+

CASH

-

-

0.10

11,722,864.42

NSW T-Corp

Strategic Cash Fund

A-1+

CASH

-

-

-

125,919.04

NSW T-Corp      

 Cash Fund

A-1+

CASH

-

-

-

437,483.38

Members Equity Bank

A-2

TD

19/01/2022

21/07/2022

0.60

2,500,000.00

Members Equity Bank

A-2

TD

08/02/2022

11/08/2022

0.60

5,000,000.00

NAB

A-1+

TD

11/03/2022

15/09/2022

0.72

2,500,000.00

Commonwealth Bank

A-1+

TD

19/05/2022

16/09/2022

1.79

2,000,000.00

Bendigo and Adelaide

A-2

TD

04/04/2022

04/11/2022

1.25

3,000,000.00

Members Equity Bank

A-2

TD

17/01/2022

17/11/2022

0.70

2,500,000.00

BOQ

A-2

TD

10/02/2022

15/12/2022

0.75

5,000,000.00

AMP Bank

A-2

TD

03/02/2022

30/12/2022

1.10

5,000,000.00

NAB

A-1+

TD

11/03/2022

11/01/2023

0.97

5,000,000.00

Westpac

A-1+

TD

08/02/2022

09/02/2023

0.86

5,000,000.00

BOQ

A-2

TD

10/02/2022

16/03/2023

0.96

5,000,000.00

Commonwealth Bank

A-1+

TD

28/04/2022

28/04/2023

2.71

5,000,000.00

Westpac

A-1+

TD

10/02/2022

11/05/2023

1.00

5,000,000.00

AMP Bank

BBB

TD

03/02/2022

02/08/2023

1.35

5,000,000.00

NAB

AA-

TD

10/02/2022

14/12/2023

1.43

5,000,000.00

NAB

AA-

TD

17/01/2022

17/01/2024

1.25

2,500,000.00

Westpac

AA-

TD

08/02/2022

08/02/2024

1.59

10,000,000.00

Commonwealth Bank

AA-

TD

10/02/2022

16/05/2024

1.65

5,000,000.00

Commonwealth Bank

AA-

TD

10/02/2022

15/08/2024

1.75

5,000,000.00

Westpac

AA-

TD

08/02/2022

10/02/2025

2.00

5,000,000.00

Total Cash and Investments

$109,286,266.84

 

Interest earned for May 2022

$90,988

Year to date interest earned

$379,950

Budgeted interest for 2021/22 financial year

$432,942

Percentage of the 2021/22 budget earned by council

88%

 

Council’s investment portfolio is largely directed towards term deposits (82.35%). The remainder of the portfolio is held in very low yielding cash deposit accounts with CBA and TCorp (17.65%).

Council’s investments remain sufficiently liquid with over 65% of investments maturing within 12 months.

T-Corp Strategic Cash Fund and T-Corp Cash Fund have been producing a negative result in previous periods which has significantly reduced Council’s investment income. To address the loss in the T-Corp investments, the investments with them have been reduced significantly.

Council is trialling the platform Imperium Markets, to assist in conducting, managing, and reporting on council’s investments. This provides a more automated process of sourcing quotes and investing monies and is allowing Council to better address investment risks.

There has been a significant improvement in investment returns since using Imperium Markets. Council’s investments have a Weighted Average Yield (WAY) of 1.08%.

Council’s current investments exceed the RBA 3-month deposit average for May 2022 of 0.29%.

Table 1: Investments by Fund $’000

Fund

March-2022

April-2022

May-2022

General Fund

36,149

44,705

39,813

Water Fund

24,693

23,793

25,496

Sewer Fund

42,765

42,605

43,977

TOTAL

103,607

111,103

109,286

 

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

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

The following table provides details of all funds by restrictions:

Source of Funds

Value

Total Cash and Investments

$109,286,267

External Restrictions **

$62,860,509

Internal Restrictions **

$7,857,423

Unrestricted funds

$38,568,335

**    The table above reflects the expected 30 June 2022 level of restrictions reported in the March QBRS report. The QBRS is included in the business paper for the Ordinary Meeting of Council on 18 May 2022 seeking adoption.

 

The value of outstanding Government Grant Debtors on 31 May 2022 is $6,499,352.13 with $1,540,155.15 aged 4+ months. Council is working with our funding partners to reduce these debts.

Legal /Policy

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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. The following graphs provide visual representation of Councils compliance to these measures.

Risk management means our investments are made giving regard to key criteria of counterparty compliance, credit quality compliance and maturity compliance. This report shows that we are compliant with all these requirements.

 

Legend:           Compliant                               Non-Compliant

 

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 investment performance and use these towards community projects, programs and services.

Attachments

Nil

  

 


Council

15 June 2022

 

 

Notices of Motion

 

15 June 2022

 

13.1            Bringing a Development Application to Council for decision........................... 176

13.2            Establish a savings recommendation committee............................................. 177


Council 15 June 2022

Item 13.1

 

13.1. Cr Cathy Griff - Bringing a Development Application to Council for decision        

 

Notice of Motion

That modification application 2016.515 Modification to original consent from 24 to 25 lots and approval of use of works as constructed Lot: 4 DP: 240604, East Street Bega NSW be presented to Council for determination.

Background

The justification for this motion is the long history of dispute between the developer and the Friends of Glebe Wetlands to establish buffer zone with flying foxes. It is in the public interest given this is a costly and centrally located development with biodiversity implications, where the Land and Environment court quashed the original approval, albeit on process and delegations rather than the development itself. It does not create a problematic precedent since we don’t have a lot of Development Applications (DA’s) taken to court. 

I understand that staff are currently reviewing the process for when DA’s will be reported to Council, however this will not be completed in time to consider the Littlewoods DA within any new or updated process.

 

Cr Cathy Griff

 

Attachments

Nil

 


Council 15 June 2022

Item 13.2

 

13.2. Cr David Porter - Establish a savings recommendation committee       

 

Notice of Motion

That Council:

1.    Establish a Savings Recommendation Committee for an initial period of 12 months, consisting of interested Councillors. The purpose of the Committee is to review and discuss council expenses and make recommendations of savings that can take pressure off Councils finances. The Committee will select a chairperson and invite the CEO along with relevant directors or managers to provide information as required by the Committee in addressing cost saving measures.

2.    The Savings Recommendation Committee shall report its findings to Council for consideration or public consultation as required.

Background

On May 4th, 2022 Council voted to place on public exhibition a number of strategic documents including Integrated Planning and Reporting documents that presented several scenarios for a special vote variation to keep Councils income in line with its expenditure.

While Bega Valley Shire is a large Shire, the largest coast of any shire in NSW, it has a relatively small population and a small percentage of rateable land spread over a large area. This makes services complicated and expensive to deliver, yet we have a service level expectation of every service being delivered at a high standard in every corner of the shire.

Over recent years and particularly since COVID, the cost of materials have gone up dramatically, as has fuel, power and other consumables required to operate the shire. 

Feedback from the Community over the much publicised, suggested SRV rate increase of 35% has consistently mentioned that Council should “tighten its belt” obtaining savings in Councils budgets is a high priority for the community and as representatives of the community we should make every effort to achieve the best outcome possible. This committee will take a “back to basics” look at the budgets and service levels and make recommendations on cost savings.

 

Cr David Porter

 

Attachments

Nil

    


Council

15 June 2022

 

 

Questions without Notice

 

15 June 2022

 

15.1            Cr Nadin - Update on signage and timeframes for Alcohol Free Zones (AFZ).. 179

15.2            Cr O'Neil - Electric vehicle fast charging stations.............................................. 180


Council 15 June 2022

Item 15.1

 

15.1. Cr Nadin - Update on signage and timeframes for Alcohol Free Zones (AFZ)     

At the ordinary Council meeting of 4 May 2022, Cr Nadin asked for an update on the expiry date for alcohol free zones throughout the shire and advice on the priority of updating signage over introducing a new signage area.

Director Community Environment and Planning  

Response

The current alcohol free zones (AFZ) in the Bega Valley Shire are tabled below:

Alcohol Free Zone

Expiry date

Bega Commercial Centre

08/08/2022

Eden Central Business District

18/08/2023

Biamanga Aboriginal Cultural Area

11/12/2023

 

An application to establish an alcohol-free zone can be made by an individual, business, community group, police or Council. To validly establish an alcohol-free zone a council must comply with the procedures in sections 644 to 644C of the Local Government Act 1993 as well as those set out in the Ministerial Guidelines. The Act identifies that alcohol-free zones can be established in those areas which have identified problems with regard to street drinking. All applications must be considered on their merit, including consultation with the local police and consideration of community feedback.

An alcohol-free zone may be established for a maximum period of four years. Once established, it applies twenty-four hours per day. To extend an existing AFZ a new application must be received and considered by Council. The evaluation criteria that councils use when considering the re-establishment of an AFZ should include the following:

·    What were the factors which originally supported a zoning in that area?

·    How successful was the previous alcohol-free zone in achieving a reduction in unacceptable street drinking?

·    What do police statistics indicate about the value of re-establishing an alcohol-free zone in that area?

·    What other measures may need to be considered (for example, a community education program) if unacceptable street drinking is still of concern in that area?

·    Has the community’s perception of safety improved?

The re-establishment procedure provides a council with the opportunity to re-focus on any community problems associated with irresponsible alcohol consumption and the range of strategies that may be implemented to address these problems.

Attachments

Nil

 


Council 15 June 2022

Item 15.2

 

15.2. Cr O'Neil - Electric vehicle fast charging stations     

At the ordinary Council meeting of 4 May 2022, Cr O’Neil asked for a brief on how Bega Valley Shire Council is encouraging the installation of fast charging stations for Electric Vehicles along the major routes in the shire under the federal and state programs.

Director Community Environment and Planning  

Response

In accordance with Council’s Clean Energy Plan and Climate Resilience Strategy, Council is pursuing a 100% renewable energy target by 2030 and a net zero emissions target by 2050. Council recognises the significant role electric vehicles (EV) will play in transitioning the transport network away from fossil fuels and the potential economic benefits to the local economy in supporting this transition. It is also recognised that Council is the owner of large areas of public land that may be suitable for hosting new and emerging infrastructure needed to facilitate this transition.

In recent years Council supported the installation and hosting of an NRMA 50kW electric vehicle charging station at the Gipps Street carpark in Bega. Council staff are currently developing an EOI to the NSW Government EV Fast Charging Grants program for our preferred EV hosting sites in strategic locations. Bega is currently the focus of this work as it is identified as a priority area under the funding program. A key issue for Council and other providers to resolve will be the ongoing ownership, maintenance and funding of future EV charging stations.

Council staff have also been in discussions with an EV installer as part of Round 2 of the EV Fast Charging Grant program around specific site details to support business cases for other locations.

Council continues to play an advocacy role helping to ensure suitable EV opportunities from the state and federal governments are taken up by local businesses and other stakeholders including the recently released NSW Government EV Destination Charging Grants for slow charging suitable for tourist accommodation or caravan parks.

Council staff are actively participating in EV webinars and regional working groups to increase their knowledge and skills in this fast-evolving space and continue to be open to opportunities as they become available.

Attachments

Nil