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, 18 January 2023 commencing at 2:00pm to consider and resolve on the matters set out in the attached Agenda.

 

 

 

To:

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

 

Copy:

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Events, Ms Kellie Dodge

Executive Officer (Minute Secretary), Mrs Jackie Grant

 

 

 

 


Live Streaming of Council Meetings

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

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

Publishing of Agendas And Minutes

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

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

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

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

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

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

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

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

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

 


Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

·      Is the decision or conduct legal?

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

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

·      Does it raise a conflict of interest?

·      Do you stand to gain personally at public expense?

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

·      Would it withstand public scrutiny?

Conflict of interest

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

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

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

The test for conflict of interest

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

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

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

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

Identifying problems

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

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

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

Local Government Act 1993 and Model Code of Conduct

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

Agency advice     

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

Contact

Phone

Email

Website

Bega Valley Shire Council

(02) 6499 2222

council@begavalley.nsw.gov.au

www.begavalley.nsw.gov.au

ICAC

8281 5999

Toll Free 1800 463 909

icac@icac.nsw.gov.au

www.icac.nsw.gov.au

Office of Local Government

(02) 4428 4100

olg@olg.nsw.gov.au

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

NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524

nswombo@ombo.nsw.gov.au

www.ombo.nsw.gov.au

 

Disclosure of pecuniary interests / non-pecuniary interests

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

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

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

Item no & subject

 

Pecuniary Interest

 

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

Significant Non-pecuniary conflict of interest

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

Non-pecuniary conflict of interest

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

Nature of interest

Be specific and include information such as :

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

·         The nature of your relationship with the person or organization

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

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

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

Print Name

 

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

Signed

 

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


Council

18 January 2023

 

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 14 December 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                Waste disposal fee waiver for Atomic 6 affected residents..................................................... 8

 

9       Staff Reports – Assets and Operations

9.1                Request for Tender (RFT) 2223-024 Dr George Mountain Road Disaster Recovery Funding Arrangements (DRFA) Embankment Restoration Works.................................................... 12

9.2                Bega Valley Local Traffic Committee.......................................................................................... 18

 

10     Staff Reports – Business and Governance

10.1              Electric Vehicle Charging Stations............................................................................................... 31

10.2              Bega Valley Investment Prospectus 2023 and Advocacy Priorities....................................... 48

10.3              Certificate of Investment December 2022.............................................................................. 154

 

11     Councillor Reports

 

12     Rescission/Alteration Motions

 

13     Notices of Motion

13.1              Cuttagee Bridge replacement.................................................................................................... 160

 

14     Questions with Notice

14.1              Cr O'Neil - Council's contribution to Pambula sportsground project................................. 162

 

15     Questions without Notice

 

16     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public........................... 162

              

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

18 January 2023

 

 

Staff Reports – Community, Environment and Planning

 

18 January 2023

 

8.1              Waste disposal fee waiver for Atomic 6 affected residents................................. 8


Council 18 January 2023

Item 8.1

 

8.1Waste disposal fee waiver for Atomic 6 affected residents     

Residents impacted by the Black Summer bushfires and subsequently impacted by Atomic 6’s incomplete, sub-standard or non-compliant building works are seeking a fee waiver to dispose of Atomic 6 building waste at the Central Waste Facility.

Director Community Environment and Planning    

Officer’s Recommendation

1.    That Council agrees to waive waste disposal fees for bushfire impacted residents to dispose of Atomic 6 building waste

2.    That Council publicly exhibits, as required, its intent to waive waste disposal fees for bushfire impacted residents to dispose of Atomic 6 building waste

 

Executive Summary

Council is aware of up to nine Bega Valley Shire residents who lost their homes in the 2019-20 Black Summer bushfires that may have engaged building company Atomic 6 to rebuild their homes.

Atomic 6 used the Manufactured Home pathway under s68 of the Local Government Act 1993 to obtain approval from Council.

The main stipulation for approval under this pathway is that the dwellings must be constructed off site and be transported to the site ready built. Once Council was contacted for inspection, it became apparent that the buildings were in fact ‘flat pack’ dwellings that are non-compliant with s68 of the Local Government Act. Council subsequently issued stop work orders on all Atomic 6 builds within the shire.

In March 2022, the NSW Minister for Fair Trading cancelled Atomic 6’s contract license following a number of serious complaints.

Council is currently considering the issuing of demolition notices under the Environmental Planning and Assessment Act to property owners to remove the structures from their properties, as the Atomic 6 builds have been condemned by Fair Trading. This option is only considered appropriate where the stage of development has progressed to habitation stage in the interests of protecting the occupants.

Council’s information is that 2 of the 9 affected properties are at habitation stage with the rest being at either pier or floor bearer stage.

Due to lengthy delays with the Fair Trading investigation and legal matters, some of these residents are only now in a position to remove the building waste from their land. While this cost should technically be recovered from Atomic 6, based on the company’s actions to date it is extremely unlikely this will be successful, leaving impacted residents to cover the costs.

Residents are also understandably reluctant to have Atomic 6 back on their properties after their experiences with the company to date.

Background

Council has provided fee waivers for bushfire rebuilds including development applications, construction certificates, complying development certificates, occupation certificates, building information certificates, pool certificates and inspection fees.

Council has also provided ongoing support to bushfire impacted residents through the funded Recovery Support Service (which ceased on 31 December 2022), hosting rebuilding workshops and community events, and supporting community groups in their applications for state and federal funding.

The Central Waste Facility (CWF) is the primary receival point for waste destined for landfill. Following the 2019-20 Black Summer bushfires, over 60,000 tonnes of fire-impacted waste was disposed at the CWF site, at a subsidised gate fee which was paid for by the state government via NSW Public Works Advisory.

Waste and recycling facilities also received bushfire impacted green waste for a limited period, free of charge, following the fires. This was predominantly received at the Bermagui facility. Council also supported Blaze Aid following the Black Summer bushfires by receiving waste free of charge from the Cobargo-based camp site at the end of their 2020 campaign.

If Council resolves to waive the waste disposal fees for Atomic 6 building waste, impacted residents will still be required to fund the transport of the waste to the Central Waste Facility themselves. 

Options

Council can resolve to waive the waste disposal fees for bushfire impacted residents to dispose of Atomic 6 building waste. This is the recommended option.

Council could resolve not the waive the waste disposal fees for bushfire impacted residents to dispose of Atomic 6 building waste.

Community and Stakeholder Engagement

Engagement undertaken

The majority of residents impacted by Atomic 6 have been working closely with Council’s funded Recovery Support Service (which concluded on 31 December 2022), however a number have chosen not to engage with the service.

Engagement planned

Pending the Council resolution, staff will inform known residents impacted by Atomic 6 of the decision. If Council resolves to waive the waste disposal fees, this intention will be publicly notified in line with the requirements in the Local Government Act.

Financial and Resource Considerations

It is difficult to estimate the full cost of the proposed fee waiver, however if each of the 9 impacted properties has around 10 cubic metres of waste, this would equate to approximately $26,280 in lost revenue based on the current adopted waste disposal fees. However, the majority of Atomic 6 builds were only at footing stage so it is anticipated the actual amount of waste will be much lower.

Council has a small budget of $5,000 allocated to waste donations each year. Half of this budget has already been awarded and the remaining funds are insufficient to cover the expected fee waiver. It is unknown which financial year the 9 residents will be seeking to dispose the Atomic 6 building waste in.

If Council resolves to waive the waste disposal fees for Atomic 6 building waste, impacted residents will be required to fund the transport of the waste to the Central Waste Facility themselves. 

Legal /Policy

A Council can resolve to waive a fee under the Local Government Act 1993 in accordance with the following:Section 610E Council may waive or reduce fees

(1)          A council may waive payment of, or reduce, a fee (whether expressed as an actual or a maximum amount) in a particular case if the council is satisfied that the case falls within a category of hardship or any other category in respect of which the council has determined payment should be so waived or reduced.

(2)          However, a council must not determine a category of cases under this section until it has given public notice of the proposed category in the same way as it is required to give public notice of the amount of a proposed fee under section 610F(2) or (3).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP Theme A: Our community

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

Environment and Climate Change

There are no material environment or climate change impacts associated with the proposal. There is currently sufficient space at the Central Waste Facility to accept this material.

Economic

The recommendation seeks to support residents who have been significantly impacted by the Black Summer bushfires and subsequent sub-standard work from building company Atomic 6. Fair Trading reported that their investigation had identified numerous consumers on the South Coast who had made payments to Atomic 6 for contracted work that had not been completed, had been sub-standard or non-compliant.

Risk

Waiving of fees is a practice Council has undertaken from time to time, particularly to assist those subject to the impacts of significant natural disasters. The proposal therefore does not introduce new financial risk for Council.

However, this proposal seeks to extend a fee waiver to bushfire impacted residents who were subsequently impacted by Atomic 6. This could present a new risk to Council as there may be an expectation that any resident subject to below standard building work is able to seek fee waivers rather than hold the company responsible. This risk should be considered in the context of the scale of the bushfires and the significant loss already experienced by these residents.

Social / Cultural

There are no significant social or cultural implications associated with the recommendations of this report, however it is important to note that recovery from a natural disaster of this magnitude takes many years, and the impact of the Atomic 6 situation has compounded the trauma and costs for a number of residents.

Attachments

Nil

  


Council

18 January 2023

 

 

Staff Reports – Assets and Operations

 

18 January 2023

 

9.1              Request for Tender (RFT) 2223-024 Dr George Mountain Road Disaster Recovery Funding Arrangements (DRFA) Embankment Restoration Works.................................... 12

9.2              Bega Valley Local Traffic Committee................................................................... 18


Council 18 January 2023

Item 9.1

 

9.1Request for Tender (RFT) 2223-024 Dr George Mountain Road Disaster Recovery Funding Arrangements (DRFA) Embankment Restoration Works     

This report details the outcome of the evaluation of Tender RFT 2223-024 Dr George MountainRoad DRFA Embankment Restoration Works and the recommendations for Council consideration

Director Assets and Operations  

Officer’s Recommendation

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

2.    That Council accepts the tender from <insert> in relation to contract for the works described in tender RFT 2223-024, in the amount of <insert> (including GST), subject to variations and provisional sums

3.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2223-024

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

 

Executive Summary

This project is a large-scale disaster restoration project located on Dr George Mountain Road. The project aims to rectify damage caused by multiple natural disaster flood events and is funded under the Australian and State Governments Disaster Recovery Funding Arrangements (DRFA).  The project objective is the construction and restoration of a major lower embankment slip including retaining structure piled wall, storm water and road infrastructure restoration as per the detailed design.

Dr George Mountain Road embankment stabilization design report

The works have been prioritised high in the infrastructure recovery program due to the risk of further damage to the asset if subsequent flood events occur.

No significant risks or liability to Council have been identified in relation to community and stakeholder engagement, environmental, economic, or social impacts. 

Background

Council staff engaged GHD to provide detailed design services for the remediation of roadside deformation and structural failure of a retaining wall at Dr. George Mountain Road, Tarraganda, located approximately 4.5 km east of Bega. The road section in question (the site) is approximately 50m in length.

Two proposed restoration options were considered for the site 1. A piled wall solution and 2. A soil nail solution.  Following the submission of both, the piled wall solution was endorsed by the funding administrator and agreed to proceed to construction, this option also includes remedial drainage solutions and guardrail replacement.

Key Objectives:

·    Complete all works within the specified timelines to align with DRFA guideline funding requirements and deliver works within the allocated budget

·    Ensure the quality of work detailed in relevant designs, specifications and standards are achieved

·    Ensure that personnel working onsite, members of the public and visitors to the site are adequately protected from risk of injury or illness

·    Ensure that appropriate environmental protection measures are implemented on works undertaken within the work areas

 

A focus on ensuring adequate resource was allocated to the planning phase of this project has resulted in several positive outcomes, including: 

·    Continued engagement and negotiations with TfNSW have resulted in the approved funding within budget being allocated to the project

·    Where appropriate, the scope and design are to improve the resilience of Council infrastructure, with a focus on minimising the impact of future events (within funding guidelines)

·    Undertaking the review of environmental factors (REF) once the scope was approved, supported early identification of the likelihood of environmental impacts and allowed for a successful due diligence process in relation to aboriginal heritage impacts.

 

On 12 October 2022, RFT 2223-024 was issued via Vendor Panel seeking a principal contractor to complete construction works. At the close of the tender period on 16 November 2022 at 12pm, two submissions were received. 

 

Tender Process

Item

Responsible Section

Date

Prepare RFT documents

Infrastructure & Services

11/10/2022

Issue RFT documentation via e-tendering portal

Procurement

12/10/2022

Tender Period

Tenderers

12/10/2022 to 09/11/2022

Assessment Period

Tender Evaluation Panel

10/11/2022 to 16/11/2022

Panel Meeting

Tender Evaluation Panel

16/11/2022

Prepare Council Report

Infrastructure & Services

17/11/2022 to 23/11/2022

Issue Council report and associated documents to Councilors

Infrastructure & Services

23/11/2022

Council Meeting

Council

14/12/2022

Execute Contract Documents

Procurement

23/12/2022

 

Tenders were assessed in accordance with Council procedures on a 50% price to 50% non-price weighting.

 

PROJECT VALUE - Tender Evaluation Criteria

Criteria

Weighting

Overall project cost

40

Lump sum price breakdown

5

Schedule of Rates

5

Total

50

 

PROJECT DELIVERY AND FUNCTIONALITY - Tender Evaluation Criteria

Criteria

Weighting

Proposed construction arrangements, including site establishments and traffic management plan

5

Construction program

10

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

5

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

5

Total

25

 

PROJECT EXPERIENCE - Tender Evaluation Criteria

Criteria

Weighting

Experience completing similar projects

10

References

5

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

5

Demonstrated capacity to undertake a project of this scale

5

Total

25

 

The tender evaluation process and outcome is detailed in the Confidential Attachment. Note: Information provided by tenderers within their tender submission, in particular price information, is ‘commercial in confidence’. Accordingly, this information and the details of the tender evaluation are provided in a confidential attachment.

Options

1.    Proceed with the recommended tenderer
Allows commencement of works to align with tender program which meets DRFA delivery timeline requirements and reduces risk of pricing increases exceeding approved budget

2.    Reject recommended tenderer
This will result in missed DRFA deadlines and subsequent retraction of agreed funding

Community and Stakeholder Engagement

Engagement undertaken

Direct engagement meetings have been held with local residents to mitigate disruption to access and discuss traffic management arrangements.  Council staff utilised other available communication options i.e. social media, BVSC Website and the local media outlets to inform the community of impacted infrastructure and temporary traffic arrangements.

Council staff have continued to engage with external agencies including TfNSW, GHD & Onsite Cultural Heritage (Environmental Consultant) to ensure the response and recovery to the natural disasters was in line with legislative requirements and promote best practice in disaster recovery. 

 

Engagement planned

The project team will continue to engage with the key stakeholders throughout the remaining phases of the project.  There is a commitment to inform stakeholders through project updates using standard communication mediums and direct contact with residents who live along the stretch of the site.  The successful tenderer will be required to ensure stakeholders and community expectations are well managed throughout the construction phase.  A communication and liaison plan has been submitted by the tenderers which aligns with the requirements set in councils adopted community engagement strategy. 

The residents along Dr George Mountain Road will also be informed by letterbox drop of more critical traffic control arrangements during construction that they will be affected by.

Key stakeholders identified for the project include, but not limited to:

Council Staff/Consultants

Infrastructure and Services

Procurement

Works and Assets

Waste Services (if roadside collection is impacted)

Media

External

Transport for NSW (TfNSW)

On site Cultural & Heritage Management (Environmental Consultant)

Platinum Traffic control (Traffic signs)

Bega Bobcats (Traffic management)

Community & residents

Local school bus companies 

Bega and Tarraganda communities

Financial and Resource Considerations

Item

$ Excl GST

Expenditure Detail

 

Design, geotechnical and due diligence Costs

$160,531

Traffic Management

Confidential

Retaining structure piled wall construction

Confidential

 

 

Total Expenditure

  $

 

 Confidential

Source of Funds

 

DRFA funding

$1,867,424

 

 

Total income available

  $1,867,424

 

Total Project Capital Cost

Total Available Construction Funding

  $1,659,683

Project Funding Shortfall

 

Ongoing Financial Impacts

$ Excl GST

Capital Investment

  $1,867,424

Annual maintenance (excluding depreciation)

Estimated annual inspection maintenance

$580

Depreciation costs

Estimated future depreciation costs

$18,674

User charges (annual income)

 Nil

 

Legal /Policy

Council is the local road authority, and the proponent and the determining authority of the project under division 5.1 under the Environmental Planning and Assessment Act (EP&A Act) 1979.

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Outcome 4: Liveable places
Goal 8: Our places retain their character and scale, development is well planned, and a range of goods and services are available within our shire that meet local needs. 
Strategy 18: Provide infrastructure and services to meet the ranging needs of residents in our towns, villages and rural areas.

Environment and Climate Change

An individual review of environmental factors (REF) was undertaken for the location during the planning phase of the project.  The REF identified no significant impacts are likely, the project brief and specification detail the environmental impacts considered, and safeguards required to minimise impacts. The contractor is required to produce an environmental management plan meeting the requirements of government regulations and industry guidelines during construction activities, which will be monitored by council staff.

Economic

The disaster recovery funding arrangements (DRFA) are a joint funding initiative of the Australian and State Governments to provide disaster relief and recovery payments and infrastructure restoration to help communities recover from the effects of natural disasters.

Risk

The financial risk to the project is undertaking this project with a project contingency of less than 10%. This will be mitigated through close management of the project through the construction phase by monitoring contract variations and seeking savings where possible.

Due to the predicted wet weather that has the potential to occur over summer, and the nature of the work, this project has the potential to experience wet weather delays.

This will be managed closely with the contractor to increase efficiencies where possible to deliver the project on time and budget.

Social / Cultural

A due diligence assessment was carried out which identified it was unlikely the works would pose any significant risk to aboriginal heritage.  No social impacts were identified.

Attachments

1.            Confidential memo: RFT 2223-024 Dr George Mountain Road (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 18 January 2023

Item 9.2

 

9.2Bega Valley Local Traffic Committee     

This report proposes that Council adopt the recommendations of the Bega Valley Local Traffic Committee (LTC) from the meeting held on 14 December 2022.

Director Assets and Operations  

Officer’s Recommendation

That Council note the December LTC minutes attached to this report and adopt the following recommendations:

1.    That Council approves the accessible parking at Short Point Merimbula.

2.    That Council approves the installation of a “No Stopping” zone at the access driveway to Dr William Loftus Park on William Street, Candelo from its’ northern intersection point with William Street for a distance of 8 metres, (6 metres along fence line) to
its’ southern intersection point with William Street for a distance of 8 metres, (6 metres along fence line).

3.    That Council approves the installation of a “No Stopping” zone between the access driveways to 14 and 18 Union Street, Bega, being a length of 6 metres.

 

Executive Summary

The Local Traffic Committee is primarily a technical review committee and is not a committee of council. Local Traffic Committees operate under delegation from TfNSW who are responsible for traffic control on all NSW 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

Short Point permit holder parking

The following request was received from BVSC staff as follows:

On 22 September 2022, construction works were completed at Short Point including a vehicle space for a commercial van to operate and one accessible parking bay.

Commercial van car space

 

Accessible parking space.

 

Issue

The commercial van space does have signage to reserve for future commercial van operator.

BVSC representative has gone to said location and advises the following:

Measurements taken as:

·    Shared Zone Rear Width = 1550mm

·    Shared Zone Front Width = 1890mm

·    Accessible Parking Rear Width = 3200mm

·    Accessible Parking Front Width = 3250mm

·    Wheel Stop Setback from Conc Path = 550mm

·    Bollard Setback from Rear of Shared Zone = 600mm

·    Commercial Van Rear Width = 2620mm

·    Commercial Van Front Width = 2870mm

 

No stopping Zone William Street, Candelo

An email has been received from a site committee member for the Dr William Loftus Park off William Street Candelo, requesting council look at restricting parking at the access driveway to the northern section of the park (Dr William Loftus Park) with its intersection with William Street, Candelo.

Council’s Local Traffic Committee representative has undertaken a site inspection and has been able to determine that there is insufficient sight distance for vehicles exiting the northern end of Dr William Loftus Park onto William Street when vehicles are lawfully parked in the northbound parking lane either side of the access driveway to the park. Any restriction to parking via the introduction of a “No Stopping” zone either side of the intersection will remove approximately 2 on street parking spaces, i.e., 1 either side of the access driveway.

 

 

A street sign on the side of a road

Description automatically generated with medium confidence

A car parked on the side of a road

Description automatically generated with low confidence

 

 

A car parked in a parking lot

Description automatically generated with low confidence

A car parked on the side of a road

Description automatically generated with medium confidence

No stopping Zone Union Street, Bega

Council have received an over-the-counter complaint from a resident at No 14 Union Street regarding the continuing issue of vehicles parking across the driveways of both No.14 and No. 18 Union Street, Bega.

Council’s Local Traffic Committee representative has undertaken a site inspection and has met the complainant on site regarding the issue of parked vehicles blocking access to the driveways. The complainant was able to show the LTC representative a collection of photos of instances where vehicle had been obstructing the access to either driveway by parking in between the driveways of No.14 and No.18 (refer to attached photos). The LTC representative has been able to determine, given the restricted length and the narrow width of the street, that there is insufficient sight distance for vehicles exiting the driveways onto Union Street when vehicles are lawfully parked in the northbound parking lane adjacent the access driveways if a vehicle is unlawfully parked between the access driveways of No’s 14 and 18 Union Street. Therefore, it is considered there is no loss of any lawful on street parking by the introduction of a “No Stopping” zone.

 

Options

That Council endorse the officer recommendations in full.

Community and Stakeholder Engagement

Engagement undertaken

There has been no specific community engagement associated with this report.

Engagement planned

There is no planned engagement associated with this report.

Financial and Resource Considerations

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

Legal /Policy

The Local Government Act 1993 provides for the establishment of advisory committees to support Council decision-making.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no significant strategic, asset management plan or risk issues associated with this report.

Environment and Climate Change

There are no Environment and Climate change impacts associated with the recommendations of this report.

Economic

There are no economic benefits associated with the recommendations of this report.

Risk

There are no risks associated with the recommendations of this report.

Social / Cultural

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

Attachments

1.         Local Traffic committee minutes 14 December 2022

 


Council

18 January 2023

Item 9.2 - Attachment 1

Local Traffic committee minutes 14 December 2022

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator

 


Council

18 January 2023

 

 

Staff Reports – Business and Governance

 

18 January 2023

 

10.1            Electric Vehicle Charging Stations....................................................................... 31

10.2            Bega Valley Investment Prospectus 2023 and Advocacy Priorities.................... 48

10.3            Certificate of Investment December 2022........................................................ 154


Council 18 January 2023

Item 10.1

 

10.1. Electric Vehicle Charging Stations     

This report recommends Council nominate suitable car parks for hosting fast chargers and establish a competitive expression of interest process to review proposals from charge point operators.

Director Business & Governance  

Officer’s Recommendation

That Council:

1.    Invite operators of public car parks on private land to notify Council of their interest in hosting electric vehicle (EV) ultra-fast chargers (175kW+) and encourage those operators to submit an “EV charging site host expressions of interest” to NSW Office of Energy and Climate (OEC).

2.    Identify suitable locations for EV ultra-fast chargers in Council car parks and submit those locations to the OEC.

3.    Establish a competitive expression of interest (EOI) process to invite and review proposals from charge point operators to install public EV ultra-fast chargers in identified Council car parks.

4.    Review the expressions of interest and negotiate licence or lease agreement/s with selected charge point operators for the installation and operation of EV ultra-fast chargers.

5.    Develop a policy based on lessons learnt from the initial EOI process to manage industry requests to use public land for the purpose of EV charging infrastructure into the future.

6.    Repeat the EOI process in alignment with OEC funding rounds through to 2025.

 

Executive Summary

Considering recent enquiries from EV charge point operators (CPOs) seeking suitable sites, current NSW government funding, and expected growth in demand for charging infrastructure this report recommends Council nominate suitable car parks for hosting fast chargers and establish a competitive expression of interest process to review proposals from charge point operators.

The recommendations provide staff with a framework for responding to enquiries from CPOs seeking sites to install charging infrastructure on Council managed land. The recommendation also aims to take advantage of current NSW government funding for ultra-fast charging infrastructure whilst it is available.

Background

Electric Vehicles (EVs) made up 9.5% of new car sales in the ACT in January to September 2022, a key visitor market for the shire. Electric vehicle sales in NSW have increased 84% since 2021 (Electric Vehicle Council, State of EVs - Oct 2022). The 50kW NRMA charger in Council’s Gipps St car park in Bega is the only fast charger in the shire. There is a risk that the supply of charging infrastructure will be insufficient to meet growing demand.

Fast chargers are necessary for EV drivers passing through the shire and for residents without charging capacity at home (such as apartment dwellers where retrofitting charging infrastructure will be complex and expensive). EVs require at least 30 minutes charging time. Ideally, charging infrastructure will be located close to appropriate amenities and services. Charging facilities will become increasingly important to the visitor economy, driving visitation to nearby businesses and attractions.

NSW Office of Energy and Climate funding for installation of fast chargers is available to CPOs through to the 2024-2025 financial year. The NSW Electric Vehicle Fast Charging Infrastructure Master Plan identifies Bega and Merimbula as “optimal zones”, which are more likely to be funded under the scheme. Council staff note that, despite being a gateway town for cross-border traffic, Eden has not been included as an optimal zone.

The OEC is currently accepting expressions of interest from landholders interested in hosting ultra-fast chargers. These expressions of interest are passed on to CPOs seeking sites to install chargers. Council does not have access to details of sites proposed through this scheme. Recommendation 1 remedies this knowledge gap and enables staff to ascertain private landholders’ interest in hosting chargers. This will inform the strategic selection of public car parks for charging infrastructure where there is limited interest from private landholders.

Council staff have undertaken some preliminary work on recommendation 2, identifying several potential EV charging sites in Council car parks across the shire (attachment 1). However, this site selection did not consider alternative options on private land.

Council has been approached three times this year by CPOs seeking appropriate sites for ultra-fast charging stations (Evie, Tesla and RACV Solar). Staff anticipate that these enquiries will become more frequent over coming months and recommend a strategic response. Council does not have a clear policy or procedure for responding to these enquiries.

Tesla have secured OEC funding to install chargers at the University of Wollongong campus on Auckland Street. However, there is some flexibility in location under the funding, and Tesla are seeking a more suitable site with greater capacity.

Recommendations 3 and 4 provide a framework to invite and assess proposals from CPOs through a transparent and competitive process. The EOI process would be repeated in alignment with OEC funding round.

Options

Option 1 – Council responds to CPO requests on an ad hoc basis

This is the current situation.

Pros:

·         Enables flexible response to proposals from CPOs.

·         Furthers Climate Resilience Strategy action E.11:

·         Establish Electric vehicle charging network throughout Shire and require new large commercial development to install as development consent condition.

·         Build staff capacity and knowledge.

·         Facilitates transition to net zero.

Cons:

·         Staff resources consumed navigating negotiations without clear framework for decision-making or clear policy on suitable sites.

·         Proposals assessed without information of alternative options on private land.

·         Opportunities missed due to absence of competitive process.

·         Probity issues with absence of transparent process.

Option 2 – Council resolves not to offer public land for electric vehicle charging.

Pros:

·         Council managed land retained for other purposes

·         No risk of Council carrying financial burden of assets

·         Installation of EV charging infrastructure driven by market demand with no Council involvement

·         Minimal staff resources required

Cons:

·         Chargers may be installed in less suitable locations

·         Installation of chargers may be delayed, impacting visitor economy and residents’ ability to transition to EVs

·         Shire may miss out on NSW Government investment in EV charging infrastructure

·         May slow transition to net zero

Option 3 – Council adopts recommendations as outlined

Pros:

·         Expression of Interest process ensures probity and enables Council to select CPOs from an informed position

·         Furthers Climate Resilience Strategy action E.11:

·         Establish Electric vehicle charging network throughout Shire and require new large commercial development to install as development consent condition.

·         Build staff capacity and knowledge.

·         Facilitates transition to net zero

Cons:

·    Staff resources required to identify sites, coordinate EOI process and negotiate with CPOs.

·    Risk that EOI process will attract limited pool.

Community and Stakeholder Engagement

Engagement undertaken

Council has undertaken a range of community consultations which have demonstrated community desire for EV charging infrastructure in the Bega Valley. The Merimbula Transport Study engaged with Transport for NSW, Council staff and the community. Stakeholders identified a need for EV charging infrastructure in Merimbula and made suggestions for EV charger locations.

Formal public exhibition of the draft Climate Resilience Strategy took place throughout November and December 2019. The draft CRS was promoted through Council News, Council’s website and on Council’s social media channel. Within the 66 written submissions received, there was strong support for public EV charging infrastructure.

Council staff participated in a Canberra Region Joint Organisation EV working group to discuss the opportunities arising from the Australian Renewable Energy Agency Future Fuels Fund.

In developing this recommendation staff across Council have been consulted, including, Economic Development, Strategic Planning, Environmental Management and Civil Assets staff.

Engagement planned

The recommendation will require engagement with businesses, community groups, NSW Office of Climate and Energy, and Council staff.

Owners of public car parks on private land will be invited to inform Council of their interest in hosting EV chargers.

Relevant community groups such as Chambers of Commerce, Clean Energy for Eternity, Renewable Cobargo, and Eden Recovery and Resilience Alliance will be consulted on proposed sites.

Economic Development, Strategic Planning, Environmental Management and Civil Assets staff will collaborate on site selection.

Charge Point Operators will be informed of the EOI process and invited to submit an EOI through VendorPanel. The EOIs will be assessed by a panel of council staff.

Staff will engage with preferred CPOs in contract negotiations and consultation on technical matters.

Council staff will continue to discuss EV strategy and policy issues and opportunities with the Canberra Region Joint Organisation.

Council staff will advocate to the OEC for Eden to be included as an optimal zone in future iterations of the NSW Electric Vehicle Fast Charging Infrastructure Master Plan.

Financial and Resource Considerations

The recommendation will require staff resources to:

·    Liaise with private car park operators

·    Oversee the expression of interest process

·    Negotiate licences or leases with any CPOs selected to install chargers on public land

·    Develop a policy

Proposals to date from CPOs involve no financial cost to Council. CPOs propose to cover all costs of construction, infrastructure, installation, maintenance, utilities, and removal at term of agreement.

There is potential for a small revenue stream under the lease/licence agreement with CPOs.

Legal /Policy

State Environmental Planning Policy (Transport and Infrastructure) 2021 section 2.124 details requirements for installation of EV chargers to be exempt development in public car parks.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendation aligns with the following Council strategies and actions:

Community Strategic Plan:

B.2: Collaborate with relevant parties and industry to promote and support opportunities to diversify and grow our economy.

Delivery Program:

B5.1 - Advocate, support and deliver sustainable tourism and visitor experiences to maximise the benefit to the community

DP B6.1 Support projects and opportunities that stimulate sustainable economic growth and align with the region’s Regional Economic Development Strategy

Climate Resilience Strategy:

E.11: Establish Electric vehicle charging network throughout Shire and require new large commercial development to install as development consent condition.

C.9: Lead climate change mitigation and adaptation through implementation of our Climate Resilience Strategy focusing on natural systems, preparing for natural hazards, liveable and connected places, safe, healthy and inclusive community, diverse and thriving economy, energy security and food security.

Local Strategic Planning Statement:

Future Directions

·         Support the establishment of new and innovative industries, initiatives and technologies that reduce emissions including waste diversion and recycling, alternative fuel vehicles, walking and cycling, coworking/ tele-commuter hubs, agricultural innovation and improved telecommunications.

·         Identify locations and planning controls for drop-off zones, parking and charging facilities to accommodate the growth in autonomous vehicles and electric vehicles.

Environment and Climate Change

Facilitating the provision of EV charging stations is essential to achieving action E.11 of Council’s Climate Resilience Strategy; to establish EV charging network throughout Shire. Council is currently finalising amendments to planning provisions to require new large commercial development to install EV charging facilities as a development consent condition.

Economic

The recommendation supports the visitor economy. With the ACT leading the uptake of EVs, providing charging facilities will ensure the Sapphire Coast does not miss out on this key market.

Council’s Commercial Land Strategy aims to develop vibrant and activated commercial centres in ways that build on the strengths and advantages of each centre. Providing EV charging infrastructure within established town centres will support this aim by ensuring the limited land supply is not converted to a use that does not activate the streetscape.

Risk

The following risks are identified and addressed by the recommendation:

Risk

Mitigation

Insufficient EV charging infrastructure to meet demand, impacting visitor economy and local uptake of EVs.

Recommendation facilitates installation of charging infrastructure utilising current State Government funding opportunities.

Process for engaging with CPOs lacks probity. Council licenses or leases space to a CPO without considering proposals from other CPOs. First-in-best-dressed approach does not ensure best outcomes for Council or community.

EOI process enables staff to consider and compare proposals from CPOs to ensure probity and best outcome for Council and community.

The shire misses out on State Government investment in EV fast charging infrastructure.

Recommendation promotes State Government funding opportunity to private sector and offers suitable public sites for investment.

Over-investment of staff resources in facilitating EV infrastructure installation for little result.

Recommendation requires staff resources but establishes a clear process for inviting and assessing proposals from CPOs.

Council left responsible for assets if a CPO folds or breaches licence agreement.

This risk would be a considered through the EOI assessment and mitigated through contractual arrangements with CPOs.

Council EOI process not in alignment with State Government funding opportunities.

EOI opening and closing dates would align with State Government funding rounds as they are announced.

 

Social / Cultural

The recommendation is likely to have positive social impacts including demonstrating that council is committed to facilitating the uptake of EVs in the shire, and ensuring that all residents regardless of housing tenure, will have equitable access to EV charging facilities.

Attachments

1.         Potential locations for EV chargers for NSW Office of Environment and Climate Expression of Interest

 


Council

18 January 2023

Item 10.1 - Attachment 1

Potential locations for EV chargers for NSW Office of Environment and Climate Expression of Interest

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council 18 January 2023

Item 10.2

 

10.2. Bega Valley Investment Prospectus 2023 and Advocacy Priorities     

This report recommends that Council resolve to endorse documents and a process for advocacy ahead of the 2023 NSW State Election.

Chief Executive Officer  

Officer’s Recommendation

That Council:

1.    Resolve to endorse the Bega Valley Shire Council Investment Prospectus; Advocacy Brochure; and Investment and Policy Advocacy position papers attached to this report

2.    Write to all candidates for the Bega Electorate in the 2023 NSW State Election providing them a copy of the documents referred to above and inviting them to meet with Council representatives.

3.    Write to the leaders of the four major parties (Labour, Liberal, Nationals and Greens) providing them a copy of the documents attached to this report.

4.    Endorse the Deputy Mayor and Chief Executive Officer (CEO) as Council’s representatives at advocacy meetings with government officials and candidates ahead of the 2023 NSW State election.

5.    Receive, note and endorse the Country Mayors Association State Election Priorities - March 2023

 6.   Endorse the Mayor and CEO to undertake follow up advocacy with the elected local member and relevant appointed Ministers in line with the identified priorities in Council’s advocacy documents following the outcome of the 2023 NSW Election.

 

Executive Summary

With the NSW State Election scheduled for March 2023 a proposed advocacy plan has been developed. The intention of this report is to identify advocacy priorities, how advocacy is undertaken and who represents Council at advocacy related meetings in the lead up to the NSW election.

Background

Council’s Investment Prospectus (attachment 1) was last adopted in July 2021. Since then, council has delivered many projects and reviewed the community strategic plan, resulting in the prospectus being updated to better reflect our community needs. It will be used in engagement activities with other governments, stakeholders and for public consumption, including being published on Council’s website. From time to time, the document will be revised as projects are funded or priorities evolve.

Although the prospectus lists several key priorities of Council to advocate and seek external funding for, it is important to recognise the prospectus does not contain all of the priorities of Council. Council will still seek funding and apply for grants where there is a clear strategic alignment between a particular program and the objectives of Council provided there is no material, ongoing negative financial impacts.

The Investment Prospectus outlines the key investment priorities for Bega Valley Shire Council (BVSC) over the next 3 to 5 years. It provides a clear vision for BVSC’s priorities and forms a key document to advocate for investment in the Bega Valley Shire from the Federal and NSW governments. The Investment Prospectus also provides the community with information about BVSC’s priorities and identifies a number of council-led strategic projects that are key enablers of economic growth, support our long-term sustainability, and boosts the health and wellbeing of our communities. The themes for this investment are: 

·         Culture and community,

·         Education and employment,

·         Environment,

·         Recreation,

·         Technology,

·         Transport,

·         Waste management,

·         Water and sewer.

There is context and benefits for several further focus areas of advocacy for NSW and Australian Governments to deliver for our community. To support this, in addition to the Investment Prospectus, an advocacy brochure has also been developed, providing a high level overview of Councils priorities ahead of the State Election. The advocacy brochure is also attached to this report.

In support of the Investment Prospectus and Advocacy Brochure (attachment 2) a number of more detailed investment and policy advocacy position papers have been developed (attachments 3-10). Most of these position papers are aligned with motions that Council submitted to the 2022 Local Government NSW conference.

In December 2022, Council received a copy of the adopted Country Mayors State Election Priorities and Press release from the Country Mayors Association (CMA). This document has been attached to the report and is recommended to be endorsed by Council as an accurate reflection of needs in our region and for NSW local government overall.  

Options

Options available to Council are to:

1.    Endorse the proposed advocacy documents and recommended advocacy approach ahead of the 2023 NSW election.

2.    Modify the documentation and approach

Community and Stakeholder Engagement

Engagement undertaken

There has been limited engagement undertaken to date on the information contained within this report. Priorities have been developed broadly based on community feedback as well as through priorities identified within Councils Integrated planning and Reporting Documents that were developed through a comprehensive community engagement process.

Engagement planned

Should Council resolve to endorse the updated Investment Prospectus, the document will be published on Council’s website, communicated with stakeholders, accompany relevant grant applications and used as a tool for advocacy with federal and NSW governments.

It is proposed that a copy of all documents attached to this report be provided to all candidates for the seat of Bega in the upcoming 2023 NSW State Election and they be invited to meet with the Deputy Mayor and Chief Executive Officer (CEO). It is also proposed that copies of the documents attached to this report be provided to the leaders of the four major parties ahead of the NSW State election.

It is further recommended that following the outcome of the NSW election the Mayor and CEO follow up advocacy of council’s priorities with the elected local member and relevant appointed Ministers as detailed in the attachments to this report.

Financial and Resource Considerations

Development and contribution to the contents of the attachments has been undertaken within the adopted operating budget.

The intent of the documents is to seek investment in the priorities identified and where possible, indicative costs for council’s priority projects have been included. Should council receive grant funding towards any of the identified projects, more detailed financial analysis is undertaken, including life-cycle costing so that operation and maintenance costs are considered in the annual budgeting process. 

Legal /Policy

There are no direct legal and policy implications associated with this report. The attachments do contain advocacy priorities relating to changes in government policy that would have a positive impact for local government and our communities.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Investment Prospectus covers many aspects contained in our adopted Community Strategic Plan 2040.

We have highlighted the relevant strategies linked to each of the identified priorities within the document. These have not only been identified by the Bega Valley Community they also align with the projects to help delivery the State and Federal strategies.

Advocacy is a core role of Council leadership. This report has been prepared in accordance with the following:

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

CSP Strategies:              A.4 - Advocate to other levels of government and partner organisations to expand local health and specialist services available to the community.

                                            A.6 - Acknowledge and collaborate with local groups to advance local priorities - environmental impact, community infrastructure, housing and economic growth.

Delivery Programs:      A4.1 - Advocate to government for resources to support the community health and wellbeing of the Bega Valley Shire.

                                            A6.3 - Advocate to government for larger investment in community infrastructure, affordable housing and local economic recovery projects.

Operational Plans:       A4.1.1 - Understand the resources needed to improve community health and wellbeing and coordinate a targeted advocacy approach.

                                            A6.3.1 - Advocate through appropriate channels for additional resources to support, promote and empower the Bega Valley to build strong, liveable communities.

Environment and Climate Change

The Investment Prospectus aligns with Bega Valley Shire Council’s adopted strategies relating to the environment and climate change. The following is a summary of projects that have been identified that will positively contribute to council operations giving regard to our natural and built environments and impacts of changes in climate. 

·         Improving a disaster recovery approach that supports climate-resilient infrastructure

·         Increasing water storage to improve urban and agricultural water security

·         Embracing new technology, including electric vehicles

·         Supporting local energy security by investing in community renewable energy projects

·         Investing further in disaster hazard risk reduction programs such as cultural burning

Economic

The attachments detail council’s request for investment from the Federal and NSW governments to increase economic outcomes for the shire. Investment leads to business growth, improved tourism offering, jobs creation, improved tourism opportunities including cultural tourism and improved opportunities for social enterprise.

Our position papers include advocacy to enact real positive change to IPART’s methodology for calculating the rate cap in NSW and the related assistance provided for pensioners.

Risk

Endorsement of the attachments do not introduce any new risk for Bega Valley Shire Council.

There is a risk that the community will expect that our advocacy priorities will be delivered by Council. To mitigate this, communication about the purpose of the documents will clearly identify roles and responsibilities should we secure funding for the projects identified.

Investment in our communities through funding or service delivery reduces the consequences of risk associated with council’s ability to deliver the community strategic plan. For example, financial sustainability, climate change, impacts of natural disasters and the management and operation of our assets and infrastructure.

An opportunity presented by this report is the coordinated and clear messaging of priorities for local government broadly. The advocacy through LGNSW, Country Mayors Association and our own strategic planning, strengthens the voice of our communities and achieves investment that is relevant and supportive of what has been identified at a local level.

Social / Cultural

The Investment Prospectus and advocacy brochure includes infrastructure projects that work towards achieving social and cultural priorities for our shire. Key projects include expanding support to mental health services to address the cumulative impact of disasters. Emergency broadcast and mobile phone coverage to the whole region. Provision of an additional 150 social housing dwellings and 100 supported accommodation options to meet the needs of vulnerable community members and providing housing choices with proximity to employment, transport, utilities and infrastructure.

The Country Mayors Association, State Election Priorities March 2023 focus on several common issues that, in partnership with NSW government, would improve social and cultural outcomes for regional areas across NSW.

Attachments

1.         DRAFT BVSC Investment Prospectus 2023

2.         2023 Advocacy Brochure A4 trifold - DRAFT

3.         BVSC Fact Sheet Aboriginal Land Activation DRAFT v2

4.         BVSC Fact Sheet Disaster Response Recovery - DRAFT v2

5.         BVSC Fact Sheet Pensioner Financial Assistance - DRAFT v2

6.         BVSC Fact Sheet Regional Healthcare - DRAFT v2

7.         BVSC Fact Sheet Sustainable Funding LG - DRAFT v2

8.         BVSC Fact Sheet Transport - DRAFT v2

9.         BVSC Fact Sheet Adapting Changing Climate - DRAFT v2

10.       BVSC Fact Sheet Affordable Housing - DRAFT v2

11.       CMA State Election Priorities - March 2023

 


Council

18 January 2023

Item 10.2 - Attachment 1

DRAFT BVSC Investment Prospectus 2023

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council

18 January 2023

Item 10.2 - Attachment 2

2023 Advocacy Brochure A4 trifold - DRAFT

 

PDF Creator


 

PDF Creator


Council

18 January 2023

Item 10.2 - Attachment 3

BVSC Fact Sheet Aboriginal Land Activation DRAFT v2

 

PDF Creator


Council

18 January 2023

Item 10.2 - Attachment 4

BVSC Fact Sheet Disaster Response Recovery - DRAFT v2

 

PDF Creator


 

PDF Creator


Council

18 January 2023

Item 10.2 - Attachment 5

BVSC Fact Sheet Pensioner Financial Assistance - DRAFT v2

 

PDF Creator


Council

18 January 2023

Item 10.2 - Attachment 6

BVSC Fact Sheet Regional Healthcare - DRAFT v2

 

PDF Creator


Council

18 January 2023

Item 10.2 - Attachment 7

BVSC Fact Sheet Sustainable Funding LG - DRAFT v2

 

PDF Creator


 

PDF Creator


 

PDF Creator


Council

18 January 2023

Item 10.2 - Attachment 8

BVSC Fact Sheet Transport - DRAFT v2

 

PDF Creator


Council

18 January 2023

Item 10.2 - Attachment 9

BVSC Fact Sheet Adapting Changing Climate - DRAFT v2

 

PDF Creator


Council

18 January 2023

Item 10.2 - Attachment 10

BVSC Fact Sheet Affordable Housing - DRAFT v2

 

PDF Creator


 

PDF Creator


 

PDF Creator


Council

18 January 2023

Item 10.2 - Attachment 11

CMA State Election Priorities - March 2023

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Council 18 January 2023

Item 10.3

 

10.3. Certificate of Investment December 2022     

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

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the report on Council’s investment position at 31 December 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 2021. 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 December2022 the total capital value of cash and investments was $108,892,066.28 with 81.27% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. Council has earned year to date interest income of $771,464 which is 82% of the projected budget amount.

The value of outstanding government grant debtors at 31 December 2022 is $4,649,345.56.

Background

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

Options

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

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement planned

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

Financial and Resource Considerations

A list of Councils cash and investments held at 31 December 2022 is detailed below:

Issuer

Rating

Type

Purchase

Date

Maturity

Date

Rate

(%)

Capital Value ($)

Commonwealth Bank

At Call Account

AA-

CASH

-

-

-

13,000,000.00

Commonwealth Bank

Operating Account

AA-

CASH

-

-

-

7,264,289.61

NSW T-Corp

Strategic Cash Fund

AA-

CASH

-

-

-

127,776.67

NAB

AA-

TD

11/03/2022

11/01/2023

0.97

5,000,000.00

Westpac

AA-

TD

08/02/2022

09/02/2023

0.86

5,000,000.00

BOQ

BBB+

TD

31/08/2022

28/02/2023

3.59

3,000,000.00

BOQ

BBB+

TD

10/02/2022

16/03/2023

0.96

5,000,000.00

Commonwealth Bank

AA-

TD

28/04/2022

28/04/2023

2.71

5,000,000.00

Westpac

AA-

TD

10/02/2022

11/05/2023

1.00

5,000,000.00

Commonwealth Bank

AA-

TD

02/06/2022

08/06/2023

3.23

5,000,000.00

AMP Bank

BBB

TD

03/02/2022

02/08/2023

1.35

5,000,000.00

Commonwealth Bank

AA-

TD

11/08/2022

11/09/2023

4.01

2,000,000.00

Commonwealth Bank

AA-

TD

19/09/2022

19/09/2023

4.32

2,000,000.00

Commonwealth Bank

AA-

TD

26/08/2022

26/10/2023

4.17

2,000,000.00

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

Police & Nurses Bank

BBB

TD

15/12/2022

15/04/2024

4.60

5,000,000.00

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

30/09/2022

03/10/2024

4.78

2,000,000.00

Commonwealth Bank

AA-

TD

15/12/2022

16/12/2024

4.59

5,000,000.00

Westpac

AA-

TD

08/02/2022

10/02/2025

2.00

5,000,000.00

Total cash and investments

$108,892,066.28

 

Interest earned for December 2022

$144,520

Financial year to date interest earned

$771,464

Budgeted interest for 2022/2023 financial year

$944,250

Percentage of the 2022/2023 budget earned by council

82%

The COVID-19 pandemic adversely impacted financial markets, which in turn, also affected Council’s investment portfolio. After global central banks set official interest rates to emergency levels during the height of the pandemic in 2020, financial markets have transitioned to recovery phase resulting in us seeing an increase in interest rates.

Council’s investment portfolio is largely directed towards term deposits (81.27%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (18.73%).

The investments held by Council remain sufficiently liquid with 64% of investments maturing within the next 12 months.

As at 31 December 2022, Council’s portfolio was yielding 2.42% with a weighted average duration of 266 days. As council’s existing term deposits mature and new funds become available, we can expect yield on investments to increase.

Council is utilising the platform Imperium Markets, to assist in conducting, managing, and reporting on council’s investments. This provides an automated process of sourcing quotes and investing monies which is allowing Council to better address investment risks. Additional to the platform, Imperium Markets are also providing investment advice on the surrounding market conditions and how Council can maximise returns within the Ministerial order and Council’s investment policy.

Table 1: Investments by Fund $’000

Fund

October-2022

November-2022

December-2022

General Fund

40,312

43,147

42,192

Water Fund

22,478

22,191

21,590

Sewer Fund

43,643

45,247

45,110

TOTAL

106,433

110,585

108,892

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 and reflects adjustments adopted by Council on 16 November 2022 in the September Quarterly Budget Review Statement (QBRS). It includes the balance of restrictions projected at 30 June 2023.

Source of Funds

Value

Total Cash and Investments at 31 December 2022

$108,892,066

External Restrictions

$56,279,753

Internal Restrictions

$22,515,000

Budgeted expenditure to 30 June 2023

$26,647,847

Expected Unrestricted Funds balance at 30 June 2023

$3,449,466

 

The value of outstanding government grant debtors on 31 December 2022 is $4,649,345.56 with $920,448.15 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).

CSP Theme                      Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs

CSP Strategy                   E.4 Council has robust financial management processes to ensure ongoing viability and value for money

Delivery Program         E4.2 - Ensure Council’s revenue streams are maximised

Operational Plan:         Finance - core business: Manage Council’s borrowings and investments in accordance with Council’s Financial Strategy

Environment and Climate Change

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

Economic

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

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. The following graphs provide visual representation of Councils compliance to these measures.

Risk management means our investments are made giving regard to key criteria of counterparty, credit quality and maturity compliance.

For month end of 31 December 2022, Council’s counterparty compliance breaches council’s policy in two areas of the portfolio. Both breaches are due to a change in investment policy restrictions that have recently been updated in the reporting portal. The result for this reporting period is that Commonwealth Bank (CBA) investments are largely breaching our counterparty limit due to council’s cash accounts being involved in the calculation. Council previously reported our investments as long term and short term investments. If we were to remove councils cash accounts from the calculation, there would be approximately 5% (or $4.4M) in term deposits over the policy limit. It is important to note that CBA, across most terms, has the highest interest rate return.

Bank of Queensland (BoQ) investments slightly breach the counterparty compliance due to the merge of ME bank and BoQ. This means that our investments with ME bank have now been merged with our BoQ investments already held.

While CBA counterparty is significantly higher due to cash, this cannot be avoided. Over the coming months staff will ensure that our investments are placed to reduce counterparty risks and meet the investment policy restrictions. As council sets up additional investment opportunities with other financial institutions, we can expect funds to be more diversified.

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

 

Legend:           Compliant                               Non-Compliant

 

 

Social / Cultural

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

Attachments

Nil

  

 


Council

18 January 2023

 

 

Notices of Motion

 

18 January 2023

 

13.1            Cuttagee Bridge replacement........................................................................... 160


Council 18 January 2023

Item 13.1

 

13.1. Cr Cathy Griff - Cuttagee Bridge replacement       

 

Notice of Motion

1.    That Council staff prepare a cost assessment to replace Cuttagee Bridge with a composite concrete and timber two-lane structure with timber superstructure to reflect the heritage origins of the bridge with the cost assessment to include whole of life cost estimates. This would incorporate a timber facade handrail and sacrificial timber running deck.

2.    That following the cost assessment referred to above a further report be provided to Council to consider the next steps relating to Cuttagee Bridge.

 

Background

It is noted that previous work has been done investigating the replacement of Cuttagee Bridge with a two lane concrete structure. There has also been some preliminary consideration of a concrete and timber hybrid structure.

Funding for the report would come from infrastructure bridge design resources and confirmed in March Quarterly Budget review. As it stands there is still no clear way forward for the replacement of Cuttagee Bridge with the bridge continuing to deteriorate.

Cr Cathy Griff

 

Attachments

Nil

   


Council

18 January 2023

 

 

Questions with Notice

 

18 January 2023

 

14.1            Cr O'Neil - Council's contribution to Pambula sportsground project............... 162


Council 18 January 2023

Item 14.1

 

14.1. Cr O'Neil - Council's contribution to Pambula sportsground project       

Cr O’Neil asked what is Council’s contribution to the Pambula sportsground project that is necessary to activate the State Government’s grant and where will it be sourced from within the Bega Valley Shire Budget for this and following years?

Cr Helen O’Neil 

Staff response

At the Council meeting of 17 August 2022, it was resolved that Council will contribute up to one third of the total project value to support funding applications to be funded by the future Section 7.11 and 7.12 Local Infrastructure Contributions Program or borrowings.

A report will also be provided to Council in line with the quarterly budget review to reconfirm where the additional funds are best placed to be sourced from.

Attachments

Nil