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, 30 June 2021 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 Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Mitchell Nadin

Copy:

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Events, Ms Emily Harrison

Project Lead, Recovery, Rebuilding and Resilience, Mr Chris Horsburgh

Minute Secretary, Mrs Bec Jones

 

 

 


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 General Manager 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 Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

Phone (6499 2104) 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 – conflictions 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 General Manager 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

30 June 2021

 

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence

 

2       Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 16 June 2021 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 – Planning and Environment

 

8.1                Inclusion of new flooding clauses in Bega Valley Local Environmental Plan 2013............... 9

8.2                Draft Wonboyn Entrance Management Policy......................................................................... 12

8.3                Finalisation of Commercial Land Use Strategy Planning Proposal...................................... 418

8.4                Submission on Proposed Employment Zones Framework................................................... 435

9       Staff Reports – Community, Culture and Leisure

 

Nil Reports

10   Staff Reports –Economic Development and Business Growth

 

Nil Reports

11     Staff Reports – Infrastructure Waste and Water

 

11.1              Classification of land within the Central Waste Facility........................................................ 450

11.2              Road Naming - Jacksonia Grove, Bega..................................................................................... 453

11.3              Bega Valley Local Traffic Committee........................................................................................ 458

11.4              Proposed new road name: Hukins Lane, Buckajo.................................................................. 461

11.5              Transfer of lease - lease site LS-03 Merimbula Airport......................................................... 464

11.6              RFT 2021-105 Sporting and Parkland Turf Maintenance...................................................... 467

11.7              Traffic and Transport Study for Ford Park / Fishpen............................................................. 471

12   Staff Reports – Governance and Strategy

 

12.1              2021 Local Government Election and Councillor Induction................................................. 478

13     Staff Reports – Finance

 

13.1              Certificate of Investment - May 2021...................................................................................... 503

13.2              Adoption of 2021-2022 Operational Plan and Budget.......................................................... 508

13.3              Making of the rates and charges for 2021-2022.................................................................... 736

13.4              Adoption of Fees and Charges 2021-2022.............................................................................. 759

13.5              Request for Council to act as a guarantor on a loan for the purposes of extending the Eden Killer Whale Museum building......................................................................................................... 838

 

14     Councillor Reports

 

15     Rescission/alteration Motions

 

16     Notices of Motion

16.1              Proposal not to limit short-term rental accommodation..................................................... 844

 

17     Questions with Notice

 

18     Questions without Notice

 

19     Confidential Business 

 

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

Adjournment Into Closed Session, exclusion of the media and public........................... 844

              

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

Statement of Re-Commencement of Live Streaming

20     Noting of Resolutions from Closed Session

21   Declassification of reports considered previously in Closed Session 

 


Council

30 June 2021

 

 

Staff Reports –Planning And Environment

 

30 June 2021

  

8.1              Inclusion of new flooding clauses in Bega Valley Local Environmental Plan 2013 9

8.2              Draft Wonboyn Entrance Management Policy................................................... 12

8.3              Finalisation of Commercial Land Use Strategy Planning Proposal.................... 418

8.4              Submission on Proposed Employment Zones Framework............................... 435


Council 30 June 2021

Item 8.1

 

8.1.  Inclusion of new flooding clauses in Bega Valley Local Environmental Plan 2013     

Council has been advised of new mandatory flood planning wording for Bega Valley Local Environmental Plan 2013 and invited to provide formal confirmation that it wishes to incorporate the new optional clause for special flood considerations.

Director Community Environment and Planning  

Officer’s Recommendation

That Council:

1.    Notes the mandatory amendment to Section 6.3 of Bega Valley Local Environmental Plan 2013 to adopt the standard Flood Planning clause.

2.    Formally advises the Department of Planning, Industry and Environment that it wishes to incorporate the optional Special Flood Considerations clause into Bega Valley Local Environmental Plan 2013 as detailed in this report.

3.    Notes that Council officers will provide a further report, which will include a recommendation to publicly exhibit proposed changes to Bega Valley Development Control   Plan 2013 to clarify planning controls related to these clauses.

 

Executive Summary

The Department of Planning, Industry and Environment (DPIE) has developed a new compulsory Flood Planning clause to replace existing flood clauses in all NSW councils’ Local Environmental Plans. DPIE has also developed an optional provision for inclusion in councils’ Local Environmental Plans for Special Flood Considerations. Both new clauses will come into effect on 14 July 2021. This report recommends that Bega Valley Shire Council provides formal confirmation to DPIE that it wishes to incorporate the Special Flood Considerations clause into Bega Valley Local Environmental Plan 2013 (BVLEP 2013).

Background

The NSW Government has finalised its flood-prone land package, which was exhibited in 2020. The package recognises that development on floodplains should balance community protection and resilience. The package includes:

·    new guidelines for considering flooding in land use planning

·    a mandatory Flood Planning clause and an optional ‘Special Flood Consideration’ clause for Local Environmental Plans

·    amendments to the notation on Section 10.7 Planning Certificates to advise of flood-related development controls

·    a revised Section 9.1 Local Planning Direction on consideration of flooding in planning proposals.

Consideration of risk to life and evacuation resulting from development on flood-prone land is already currently achieved through the application of Clause 6.3 Flood Planning of BVLEP 2013, which requires development to incorporate appropriate measures to manage risk to life from flood. The objectives and consent considerations of the current Clause 6.3 are generally consistent with the new Flood Planning clause; however, the new clause allows for a more flexible definition of the flood planning level and the inclusion of climate change in the flood planning provisions. Integration of the new Flood Planning clause is consistent with the recommendation of the recently adopted Eden, Twofold Bay and Towamba River Flood Study 2020, which recommended that Council consider updating BVLEP 2013 regarding these two elements.

The optional Special Flood Considerations clause applies additional matters for consideration in development applications for certain sensitive and hazardous development on land between the Flood Planning Level and the Probable Maximum Flood and for land that in the event of a flood Council considers may cause risk to life or require evacuation. The certain sensitive and hazardous development types available to councils to select for inclusion in the clause are: boarding houses, caravan parks, correctional centres, early education and care facilities, eco-tourist facilities, educational establishments, emergency services facilities, group homes, hazardous industries, hazardous storage establishments, hospitals, hostels, information and education facilities, respite day care centres, seniors housing, sewerage systems, tourist and visitor accommodation, water supply systems. It is proposed that Council include all of these uses except for sewerage systems and water supply systems in the clause as these land uses do not present a risk to life from flood.

It is considered that the inclusion of the optional Special Flood will not prevent development on the affected land but would enable consideration of factors such as risk to life and evacuation when planning and assessing certain types of development in locations that may present a risk to life. In accordance with the suggestion of the updated Considering Flooding in Land Use Planning Guideline, Council will develop relevant Special Flood Considerations for inclusion in the Bega Valley Development Control Plan 2013.

Council has been invited to provide formal confirmation that it wishes to incorporate the Special Flood Considerations clause into BVLEP 2013. Following receipt of formal confirmation from Council, DPIE will progress an amending State Environmental Planning Policy (SEPP) that will insert the clause into BVLEP 2013.

Versions of the final documents have been provided to Council for information; however, they are currently not available for further distribution. The documents will be made available on the DPIE and Legislation NSW websites on 14 July 2021.

Options

Council could opt to not include the Special Flood Considerations clause in BVLEP 2013 and continue to assess development applications for all development between the Flood Planning Level and the Probable Maximum Flood without mandated consideration of the risks from flooding, or Council could choose to adopt the clause at a later date. Should Council not opt into the new clause at this stage, a future planning proposal would be required to include the clause in BVLEP 2013 at a subsequent date.

Community and Stakeholder Engagement

Engagement undertaken

Council staff were aware of the development and exhibition of the flood-prone land package but have not actively participated in any previous engagement regarding the changes to BVLEP 2013.

Engagement planned

Notification to the development professionals group as well as the wider community would occur when the amendment to BVLEP 2013 comes into effect. Any amendment to DCP 2013 would be publicly exhibited.

Financial and Resource Considerations

There is no cost to Council regarding the implementation of the new Flood Planning clause, other than staff time to report the matter to Council and engaging with local stakeholders. Adoption of the optional Special Flood Considerations clause will require engagement of a GIS specialist to prepare mapping for integration into Council’s database and updating of Section 10.7 planning certificates. Funds to deliver this work are available in the adopted 2020-2021 Budget.Legal /Policy

The new Flood Planning and optional Special Flood Considerations clauses will amend the provisions of BVLEP 2013. They will also trigger a review of related provisions in Council’s Development Control Plan 2013, which is scheduled in the Draft 2021-2022 Operational Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The new Flood Planning and Special Flood Considerations clauses will assist Council to implement the Bega Valley Shire Climate Resilience Strategy 2050 action to implement floodplain risk management plans.

Environment and Climate Change

The new Flood Planning and Special Flood Considerations clauses will help deliver climate resilience benefits to community safety and wellbeing and infrastructure protection. This amendment to BVLEP 2013 will not create additional development potential and therefore will not create additional impacts on the environment beyond that which currently exists

Economic

Consideration of potential impacts from flooding are aimed at mitigating flood risk where possible to reduce the economic impact on the community.

Risk

The new Flood Planning and Special Flood Considerations clauses will help to reduce the risk to life and infrastructure from the potential impacts of flooding.

Social / Cultural

Application of the Flood Planning and Special Flood Considerations clauses will have a positive social benefit to the community through improved consideration of the risks from flooding.

Attachments

Nil

 


Council 30 June 2021

Item 8.2

 

8.2Draft Wonboyn Entrance Management Policy     

This report seeks Council approval to adopt the draft Wonboyn Lake Entrance Management Policy and provides results of the public exhibition process.

Director Community Environment and Planning  

Officer’s Recommendation

1.    That Council resolves to adopt the Wonboyn Lake Entrance Management Policy (Attachment 2).

2.    That those who made a submission on the draft Policy be advised of Council’s decision on this matter.

 

Executive Summary

Bega Valley Shire Council has entrance management policies for six estuaries (Wallaga Lake, Cuttagee Lake, Bega River, Wallagoot Lake, Back Lake and Lake Curalo), which were adopted by Council in 2016. A draft policy was developed for Wonboyn Lake at this time; however, it was not adopted along with the other entrance policies due to difficulty in developing opening triggers that were acceptable to all stakeholders.

A revised policy and associated triggers were developed after extensive consultation with the Wonboyn oyster farmers and key NSW Government agencies. The policy presents a pathway forward that balances the ecological health of the estuary, functional requirements of the oyster industry, access for recreational users of the lake and interests of foreshore landowners. The policy contains interim and long-term entrance opening triggers that will allow the oyster industry and private landholders, who seek to, time to raise infrastructure to withstand higher water levels associated with extended periods of entrance closure.  A draft version of the policy was publicly exhibited (Attachment 3). The final policy (Attachment 2) includes consideration of feedback received during the exhibition period (Attachment 1).

Background

Following the closure of the Wonboyn Lake entrance in late 2019 and negotiations around appropriate entrance opening triggers, the Wonboyn oyster industry, Council and NSW Fisheries identified that finalisation of a sustainable entrance management policy was required to support commercial, recreational and ecological activity in and around Wonboyn Lake.

The entrance to Wonboyn Lake has historically been open for the majority of the time, and much of the foreshore and in-lake infrastructure is designed for relatively low lake water levels.  This regime has supported a commercially viable oyster industry.  Over the last 20 years, an increasing trend of heavy entrance shoaling and closure events has occurred.  These intermittently closing and opening conditions typically do not support commercial oyster production.

In NSW, coastal management legislation supports minimal interference with intermittently closing and opening lakes and lagoons (ICOLLs), preferring that natural processes be allowed to operate to the greatest extent possible.  The mechanical opening of lake and river entrances typically takes place to reduce the impacts of flooding on public and private infrastructure with opening trigger heights for each estuary determined by heights of key local infrastructure.   The effectiveness of entrance opening is greater at higher water levels, as there is increased scouring of the entrance sand shoals, resulting in enhanced tidal exchange and an increased chance that the entrance will remain open for an extended period of time.

Historically, Wonboyn Lake entrance has generally been open, with closures occurring in 2004, 2009 and 2019.  Extended periods of closure are problematic for the oyster industry due to impacts on temperature and salinity within the lake and inundation of foreshore and in water infrastructure including jetties, sheds and leases.

Due the historically open state of the Wonboyn entrance, foreshore recreational and commercial infrastructure has been built at relatively low elevation in order to be functional in a tidal environment. Generally, when the lake is open water levels fluctuate between 0.1‑0.4 metres above the Australian Height Datum (m AHD).

Elevated water levels for extended periods of time pose a risk to health of oyster stock, affect oysters farming operations, create on-water navigational hazards and cause damage to oyster lease infrastructure. There is also a range of private infrastructure around the edge of the lake, including boat sheds and jetties which sit as low as 0.34m AHD, with a majority below 1m AHD.

Currently, with no policy in place, there is a great deal of uncertainty for stakeholders and the broader community regarding the conditions under which Wonboyn Lake will be mechanically opened. The series of approvals and permits required from NSW Government agencies to undertake entrance works on an ad hoc basis can further delay openings. This policy will provide the oyster farmers and Wonboyn community with certainty around opening procedures and future trigger height to plan for. It will also increase Council’s responsiveness, improve consistency with management of other ICOLLs in Bega Valley Shire and afford Council certainty regarding entrance management options.

At its meeting of 7 October 2020 Council resolved:

1.    That Council publicly exhibit the draft Wonboyn Entrance Management Policy for a period of not less than 42 days.

2.    That Council officers prepare a further report to Council following conclusion of the public exhibition period. 

Options

Following consideration of community, industry and agency feedback, staff are of the opinion that Options 1 and 2, as detailed below, are the only viable entrance management pathways for Wonboyn Lake. Option 2 is the preferred pathway as it allows time for infrastructure adjustment and simplifies and streamlines the decision making process.

Option 1: Staged Approach (NSW DPI Fisheries preferred option if staggered approach chosen)

Interim Trigger (up to 3 years from adoption)

·    Water level at or above 1m AHD; or

·    Water level between 0.75m AHD – 1m AHD for a period of at least two months and/or significant rainfall is predicted in the catchment (>100mm).

·    No more than two lower level openings (<1.4m AHD) should be undertaken within a 12-month period

Second Phase (3 – 6 years from adoption)

·    Water level at or above 1.4m AHD; or

·    Water level at or above 1m AHD for a period of at least two months and/or significant rainfall is predicted in the catchment (100mm+)

·    No more than two lower openings (<1.4m AHD) should be undertaken within a 12-month period

Long term trigger (after 6 years from adoption)

·    Water level at or above 1.4m; or

·    Water level at or above 1.3m and/or significant rainfall is predicted in the catchment (100mm+)

        For all three of these phases, in exceptional circumstances (incl. water quality), Council will consider an opening in consultation with the Wonboyn Oyster Industry, DPI Food Authority and DPI Aquaculture and with the approval of DPI Fisheries, DPIE Crown Lands, and DPIE Biodiversity and Conservation Division.

Option 2: Staged Approach (Staff recommended option)

Interim Trigger (up to 5 years from adoption)

·    Water level at or above 1m AHD; or

·    Water level between 0.75m – 1m AHD for a period of at least two months and/or significant rainfall is predicted in the catchment (100mm+)

·    No more than two lower level openings (<1m AHD) should be undertaken within a 12-month period

 

Long term trigger (after 5 years from adoption)

·    Water level at or above 1.4m AHD

·    Water level between 1.1m- 1.4m AHD for a period of 2 months

·    Water level at or above 1.1m AHD if significant rainfall is predicted in the catchment (100mm+)

 

        For both of these phases, in exceptional circumstances (incl. water quality), Council will consider an opening in consultation with the Wonboyn Oyster Industry, DPI Food Authority and DPI Aquaculture and with the approval of DPI Fisheries, DPIE Crown Lands and DPIE Biodiversity and Conservation Division.

Option 3: Single Long-term Trigger (Original proposed trigger – 2016)

·    Water level at or above 1.4m AHD; or

·    Water level at or above 1.3m AHD and/or significant rainfall is predicted in the catchment (100mm+)

Community and Stakeholder Engagement

Engagement undertaken

Council officers have been meeting with the oyster industry and NSW Government agency representatives regularly on this matter since December 2019, and particularly in response to the Border Fire, which adversely affected the Wonboyn catchment and estuary.

These meetings initially focused on developing short term strategies to deal with the immediate environmental risks and undertake detailed scientific monitoring of the estuary to inform proposed entrance management strategies. Council mechanically opened the entrance in February and May 2020 to address bushfire impacts.  The lack of an adopted policy was a barrier to responding, whilst also reinvigorating interest in finalising a policy for Wonboyn Lake entrance management.

Council officers have undertaken lengthy consultation with NSW Government agencies and the local oyster industry to ensure that the proposed triggers are likely to be accepted and are in accordance with relevant legislation.

Over the exhibition period Council presented to the community on two occasions, one online and one in person. These community sessions allowed for questions and discussions with the second meeting also involving representatives from DPIE Crown Lands, DPIE Environment, Energy and Science (EES) and DPI Fisheries. DPIE EES presented outcomes of the post-fire water sampling and functioning of the lake covering both an extreme low level opening in February 2020 and an opening at 1m AHD in May 2020.

Throughout the exhibition process some key questions and concerns were raised by the community. Based on this feedback Council staff provided further background information and data and provided additional direct community engagement opportunities. Information was available online via a ‘Have Your Say’ page on Council’s website with submissions collected via this process and by email.

Results of Public Exhibition

Council received 15 formal responses in total including responses from DPIE Crown Lands, DPIE Coasts and Estuaries, DPI Fisheries and group responses from Wonboyn Lake Oyster Farmers and Wonboyn Lake Ratepayers Association. Table 1 presents a summary of the issues that were raised most consistently in submissions and throughout the wider community engagement process, and staff responses to each key area of concern are included in Table 1. Attachment 1 provides a summary of all individual submissions received by Council.

Table 1: Major issues raised by respondents with detailed staff responses.

 

Issue

Staff Response

1.1

Infrastructure – concerns over costs of raising, visual impacts, loss of amenity/usage/lifestyle and/or damage caused by inundation.

Raising of infrastructure around the lake will not be mandated by Council or Crown Lands. A staged approach to the preferred trigger height of 1.4m AHD has been developed to allow for the raising of key commercial infrastructure and private infrastructure where landholders choose to. Opportunistic raising of infrastructure is recommended.

Due to the limited infrastructure around the lake and distribution it is not expected that visual impact will be an issue.

Development of a policy is acknowledged by agencies as the best way to balance industry and community uses of the lake whilst supporting the ecology of the lake and maintaining a natural as possible opening regime. Advice from DPI Fisheries acknowledges the risks associated with any staged approach to best-practice (high) entrance breakout levels.

The consequence of opening the lake at low levels over a long period of time is increased sand shoaling, more frequent lake closures and likely higher (not lower) entrance breakout levels. This is a proven consequence of opening ICOLLs at low levels that do not allow for maximal entrance scour, especially over the longer term.

1.2

Trigger height - concerns 1.4m AHD is too high, general preference is for a long-term trigger of 1m AHD.

 

Triggers for entrance management are based on DPI Fisheries policies and guidelines on ICOLL management. DPI Fisheries supports minimal interference with ICOLL entrance barriers and advocates natural barriers being allowed to operate to the greatest extent possible. The decision to artificially open an ICOLL should be made on verified water levels, the nature and extent of associated flooding impacts, and evidence of changes to relevant water quality parameters obtained by relevant water quality monitoring programs.

In line with this BVSC has adopted entrance management policies that broadly aim for minimal opening, with the long-term goal to retain or progressively reinstate natural behaviours (i.e. greater adaptation to closed entrances). To achieve this, progressive removal, relocation or modification of assets will be required.

The main objective of the proposed policy is to reduce inundation impacts to essential infrastructure. A final trigger of 1.4m AHD was based on the height at which Nadgee Road is inundated at Myrtle Cove. In order to support the oyster industry and residents, a staggered trigger has been developed to allow time for voluntary raising of key infrastructure around the lake, in particular oyster sheds and in-water lease infrastructure.

Higher water levels allow a more efficient opening, relocating larger amounts of shoaled sand resulting in longer lasting opening events and a more natural ecological regime.

Based on advice of DPI Fisheries and DPIE Coasts and Estuaries a long-term trigger of 1m AHD is not supported and unlikely to be approved.

1.3

Dredging – request for consideration of dredging as an option for entrance management

Dredging was previously investigated in February 2020 (Preliminary Investigation of Wonboyn Entrance Opening and Potential Bushfire Water Quality Impacts, MHL 2020).

Key findings were:

·    a major challenge to entrance opening is the subsequent infilling of marine sediment into the entrance channel and beach aggradation causing the entrance to constrict and reclose.

·    entrance infilling and reclosure is likely to occur should dry weather conditions persist following opening.

Dredging of both an entrance channel and a channel through the shoals is estimated to cost in the order of $1,000,000 for a one-off dredge campaign. It was also noted in the study that ongoing maintenance dredging would likely be required in order to maintain an open entrance.

Council does not currently undertake dredging operations within Bega Valley Shire, however Transport for NSW conducts maintenance dredging of Bermagui Harbour approximately every 10 years. Bermagui Harbour has a trained entrance. Dredging activities and altering the flow of estuaries can have unpredicted impacts and is generally avoided where possible, except where entrances are trained for navigation purposes.

This option is not considered feasible due to high initial cost, ongoing maintenance costs and uncertain effectiveness.

1.4

Classification of the lake – queries over classification as an ICOLL

Wonboyn Lake is a wave dominated barrier estuary. Barrier estuaries and saline lakes exist behind coastal sand barriers that can impede the efficiency of the ocean entrance or cause it to close. The entrance of barrier estuaries can close when the littoral drift and build-up of barrier sands exceeds the scouring actions of tide and river outflows. In some of these systems wave action may become so dominant that entrance closure occurs relatively frequently.

Due to their tendency to close, barrier estuaries may be classified as ICOLLS (intermittently closed and open lakes and lagoons). Permanently open estuaries and ICOLLs both belong to the wave dominated barrier estuary class, the difference being that larger estuaries have sufficient freshwater inflows to maintain an open entrance channel.

If a system has an entrance that closes (even infrequently), it is by definition an ICOLL.  Within NSW, the majority of ICOLLs tend fall into two groups: those where the entrance is closed for >80% of the time; and those where the entrance is open for >80% of the time.  Wonboyn belongs to the latter group.

The classification of the lake has no impact on the need for a policy to provide certainty for all stakeholders around decisions on the management of the entrance bar of Wonboyn Lake.

1.5 

Queries regarding reasons for closure

ICOLLs open and close to the ocean naturally in a constant but irregular cycle. The entrance barrier forms and breaks down depending on the movement and redistribution of sand and sediments by waves, tides, flood flows and winds.

ICOLLs close when the ocean waves and tides push sand from offshore into the entrance, which gradually closes the entrance channel. Without further large freshwater flows into the estuary from the catchment, the ICOLL will remain closed.

During wetter periods, many ICOLLs remain open to the ocean. In times of drought and reduced rainfall, ICOLL entrances close more frequently and stay closed for longer periods of time. It is common for many ICOLLs to remain closed for several years at a time. As well as rainfall, specific local conditions such as catchment size and headlands near the entrance determine if an ICOLL is mostly open or mostly closed.

Historical records show that about 70% of the ICOLLs in NSW are closed for the majority of the time, and particularly in extended periods of reduced rainfall. Some anticipated local impacts of climate change include extended periods of drought, reduction in catchment water flows and more extreme storms, all of which have the potential to affect estuaries and entrance management.

1.6

Water quality – Concerns over impact of closures on water quality on ecology and amenity. Oyster industry have concerns with ‘water quality’ (temperature & salinity) impacts on oyster health.

Opening an ICOLL in response to water quality triggers is a complex activity and cannot be appropriately captured using stand-alone water quality triggers.  Water quality triggers are considered separately, on an exceptional circumstances basis, in the entrance management policy. Given the land use within the Wonboyn catchment, runoff impacts are expected to be minimal in comparison to an urban or more developed catchment.

Water quality in terms of ecological and human health is generally good within the Wonboyn estuary. The oyster industry requires a more defined range of water quality triggers (temperature and salinity) to maintain oyster health.  Entrance openings to alleviate temperature and salinity impacts on oyster farmers have been shown to be unsuccessful at lower water levels due to the extended flushing time of the lake and reduced chance of lasting entrance opening.

Wonboyn Lake has a lengthy flushing time: the middle to upper estuary takes approximately 100 days to flush 50% of estuary waters.  Opening to improve water quality would require the lake to be open for an extended period of time. Opening at low water levels is likely to lead to a shorter opening time due to inefficient scour therefore is not an appropriate solution for water quality management. Catchment impacts on water quality are better managed at the source rather than by entrance manipulation.

The inclusion of defined water quality triggers in the policy was not supported by DPI Fisheries. Instead exceptional circumstance openings will be considered by Council and agencies as these situations arise.

 

Engagement planned

Council staff will continue to engage with the Wonboyn community and NSW Government agencies in relation to the implementation and practical operation of the policy, should it be adopted by Council.

Financial and Resource Considerations

Development of the draft policy and its public exhibition was undertaken with resources allocated in the adopted 2021-22 budget.  This work was primarily delivered by Council staff, with $24,000 of consultancy services to prepare a Review of Environmental Factors (REF) (Attachment 4) to assess the potential impacts of the policy options considered.

In addition, an annual maintenance budget of $16,000 for lake openings across the Shire is included in Council’s Long Term Financial Plan.  The cost of a single entrance opening is around $2,000-$5,000 per event.  The expenditure required in any particular year is not easily estimated, given that it depends on prevailing weather conditions across the Shire.

 

Item

$ Excl GST

Expenditure Detail

 

Preparation of Review of Environmental Factors

$24,000.00

Total Expenditure

$24,000.00

Source of Funds

 

Environmental Levy

$24,000.00

Total income available

$24,000.00

Project Funding Shortfall

$0

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Periodic maintenance and operational costs (lake opening)

$2,000-$5,000

Legal /Policy

To date, Council’s entrance openings at Wonboyn have been on an ad hoc basis without a formalised policy in place. Recent entrance openings have required event-based assessment and approvals by relevant NSW Government agencies. 

The proposed policy provides the legal framework for Council to undertake required physical works and is supported by a comprehensive REF. The REF considers a broad range of potential impacts on the lake’s ecology following an opening, and the environmental and cultural heritage impacts of site access and excavation of the entrance.

Council has already obtained necessary approvals to allow machinery to traverse areas of potential cultural heritage significance. Additional licences will be required from DPIE Fisheries and DPIE Crown Lands. Copies of these licences will be appended to the final REF, once received.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed policy supports Goal 5 of Council’s Community Strategic Plan 2040: “Our air and water is pristine and our natural environment and rural landscapes are protected.”

It also aligns with the ‘Natural Systems – Coast and Marine’ key response area of Council’s adopted Climate Resilience Strategy 2050.

Environment and Climate Change

The proposed policy aims to achieve a reasonable balance between minimising flooding of low lying assets and allowing water levels to mimic natural patterns of inundation. It provides for a long-term opening trigger that supports minimal artificial intervention in the natural cycle of opening and closure of the entrance.

The proposed policy supports the sustainability of the oyster industry and allows for a practical and timely transition and adaption of infrastructure to higher water level events within the lake. It also suggests the progressive raising or relocation of low lying private foreshore assets over the medium term to reduce any immediate cost burden to foreshore property owners. 

A REF (Attachment 4) was prepared to assess the potential impacts of the adoption of each of the proposed Entrance Opening Trigger Options outlined in this report. The REF outlines the potential impacts of implementing the policy on the estuarine environment. Importantly, the REF also details the mitigation measures to be adopted in order to minimise potential impacts in accordance with Part 5 of the Environmental Planning and Assessment Act 1979. The REF considered the economic, ecological, social and hydrological impacts of managing the Wonboyn Lake estuary entrance to alleviate inundation in the lower estuary, with the intention to return to a more natural opening regime in the longer term.

 

 


 

Key findings from the REF included:

Sedimentation & Hydrology

·    Artificial opening of the entrance in line with the proposed policy may result in minor adverse impacts on sedimentation in the lower estuary, which may in turn impact on the system hydraulics and hydrology.

·    Impacts are expected to be greater under the interim trigger with potential to result in insufficient scour and more rapid closures which over time could impact break out conditions. The limited timeframe of the interim trigger and limitation on number of ‘lower’ level openings will help mitigate the impacts.

·    Impacts will be reduced under the long-term trigger with higher trigger levels.

Water Quality

·    Artificial opening of the entrance has the potential to have both positive and negative impacts on water quality in different areas of the estuary.

·    At a worst case opening of 0.75m AHD, it is not certain meaningful tidal connection and sufficient flushing would be achieved. It is possible for ‘decanting’ of the surface layer of fresher water leaving poorer quality bottom water depending on state of stratification.

·    If the opening was sustained for over three to four months there is likely to be greater flushing of the estuary waters and improved water quality throughout the lake.

·    Long term trigger levels are closer to the natural opening range and risk of poor water quality is reduced.

Biodiversity

·    As the lake has historically been open a majority of the time, it is unlikely that artificial openings would have an impact on ecological communities within or fringing the lake.

·    The proposed accessway, for machinery to travel to the entrance, would occur mostly within an existing track; however, there may be some damage to ground covers and low growing shrubs, some lopping of overhead canopy or removal of coast tea tree (Leptospermum laevigatum) and Tree Broome-heath (Monotoca elliptica). This is expected to be minimal and not result in permanent removal of vegetation.

·    It is unlikely that implementation of the policy would have any direct impact on any terrestrial mammal species. Likewise, there are no identified impacts on aquatic fauna by implementing the policy.

·    If not implemented with appropriate precautions and mitigation measures, mechanical entrance opening could have a major impact on a number of resident and migratory threatened shorebird species. However, management techniques for mitigation of impacts are included in the policy.

·    The process of clearing vegetation may have an impact on endangered Green and Golden Bell Frog. A test of significance assessment (in accordance with Section 5A of the Environmental Planning and Assessment Act 1979) has been carried out for this species and determined the lifecycle of the species is unlikely to be disrupted by implementing the policy. Not implementing the policy would allow water levels to exceed typical values which may potentially lead to adverse effects on the life cycle.

Aboriginal Heritage

·    There is the potential for both positive and negative impacts on Aboriginal objects and places.

·    Opening the entrance below the natural openings range will reduce the risk of inundation and erosion which can potentially damage or expose sites.

·    There is potential for further impacts to disturbed and subsurface deposits along the access track due to machinery accessing the lake entrance to undertake the works.

·    Mitigation measures have been proposed, and an Aboriginal Heritage Impact Permit (AHIP) has been granted by the NSW Heritage Office.

Geology & Soils

·    It Is unlikely opening works will directly expose acid-generating sediment although it is identified at Potential Acid Sulphate Soils (PASS). The risk will be mitigated through the location of excavation and depth.

Socio-economic

·    Both the interim trigger and long-term trigger are likely to have an impact on private infrastructure (jetties and boat sheds) and oyster infrastructure (oyster sheds and leases) however impacts will be less than allowing the lake to open naturally.

·    The oyster industries capacity to function is likely to be reduced prior to reaching the trigger height. The impact is limited in the short term by the interim triggers which allow lower level openings and a time limit for closures in a set water height range.

·    The impact is expected to be equal or worse in the longer term trigger however the purpose of the interim trigger is to allow time for adjustments or raising of infrastructure to reduce the impacts of higher water levels into the future which should mitigate the impacts in the long term. 

Climate Change

·    Climate change has the potential to impact the lake with longer periods of drought increasing entrance closures.

This proposed policy aligns with Council’s adopted Climate Resilience Strategy 2050 by promoting flexibility within the oyster industry to variable climatic conditions and providing adequate time and support for this to occur.

Economic

The management of lake and river openings across the Shire is a key function that relates to public safety and the protection of public and private assets including dwellings, roads and water and sewer infrastructure. The disruption to critical services such as water, sewer and transport has adverse impacts on the local economy.

The proposed policy aims to provide certainty to Wonboyn oyster industry and the Wonboyn tourism sector and allow them to make investment decisions based on a known policy environment. The economic impacts of the policy have been central to discussions with industry and agency representatives.

Risk

Having an adopted policy in place will allow Council to better manage environmental, cultural heritage, legal, safety and financial risks associated with entrance openings through provision of defined procedures regarding access and works. Pre-approval obtained from relevant agencies will also allow more flexibility in the timing of openings to align with more favourable opening conditions (tides, swell, weather etc).

The opening of entrances is a regular activity of Council and this proposed policy does not increase Council’s risk profile. 

Social / Cultural

There are known cultural heritage sites in the vicinity of the Wonboyn foreshore. To address the potential impacts on these sites, an archaeological assessment was conducted as part of the REF.  That assessment identified a cluster of objects identified to be of moderate local significance. Subsequently, an AHIP has been obtained to guide entrance opening activity.   Council is supported by staff from the Eden Local Aboriginal Land Council during site works.

Attachments

1.         Proposed Wonboyn Entrance Management Policy

2.         Draft Wonboyn Lake Entrance Management Policy - Summary of Submissions

3.         Exhibition Draft Wonboyn Lake Entrance Management Policy

4.         Wonboyn Entrance Opening Triggers Review of Environmental Factors

 


Council

30 June 2021

Item 8.2 - Attachment 1

Proposed Wonboyn Entrance Management Policy

 

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Council

30 June 2021

Item 8.2 - Attachment 2

Draft Wonboyn Lake Entrance Management Policy - Summary of Submissions

 

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Council

30 June 2021

Item 8.2 - Attachment 3

Exhibition Draft Wonboyn Lake Entrance Management Policy

 

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Council

30 June 2021

Item 8.2 - Attachment 4

Wonboyn Entrance Opening Triggers Review of Environmental Factors

 

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Council 30 June 2021

Item 8.3

 

8.3.  Finalisation of Commercial Land Use Strategy Planning Proposal     

The planning proposal to amend the Bega Valley Local Environmental Plan 2013 to implement the recommendations of the Bega Valley Shire Commercial Land Strategy 2040 has been publicly exhibited. This report seeks Council’s resolution to finalise the planning proposal subject to the recommended changes arising through the public exhibition process. 

Director Community Environment and Planning  

Officer’s Recommendation

That Council:

1.    Finalise the amendment to Bega Valley Local Environmental Plan 2013 (Amendment 37) as detailed in this report and in accordance with the delegations issued by the Minister for Planning and Public Spaces under Section 3.36 of the Environmental Planning and Assessment Act 1979

2.    Advise those who made a submission during exhibition of the planning proposal of Council’s resolution on this matter.

Executive Summary

Public exhibition of the planning proposal to amend Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to implement the recommendations of the Bega Valley Shire Commercial Land Strategy 2040 took place between 16 March2021 and 18 April 2021. Six public and three agency submissions were received during the exhibition period.

The purpose of this report is to advise Council of the feedback received during exhibition of the planning proposal and seek a resolution to finalise the matter. After reviewing the submissions two minor changes to the exhibited planning proposal are recommended.

Background

The Commercial Land Strategy was adopted by Council in April 2020. The Strategy provides a vision and framework for the development of the Shire’s commercial centres over the next 20 years. Council officers prepared a planning proposal to amend BVLEP 2013 to implement recommendations of the Commercial Land Strategy, which was presented to the Council meeting of 7 October 2021.

In accordance with Council’s resolution on the matter at that time, the planning proposal was submitted to the NSW Department of Planning Infrastructure and Environment (DPIE) seeking Gateway approval. The Gateway Determination included a suggestion that the planning proposal be updated prior to public exhibition to include the appropriate minimum lot size for proposed R3 Medium Density Residential land in Merimbula. This amendment was duly made by Council staff and the planning proposal was exhibited in accordance with the requirements of the Gateway Determination.

Options

Council can proceed to finalise the matter under delegation where amendments are made to the exhibited planning proposal in response to the objections by the NSW Department of Primary Industries Agriculture Division (DPI Agriculture) and DPIE’s Biodiversity and Conservation Division (BCD). This is the recommended option.

If Council chooses not to amend the exhibited planning proposal in accordance with the requirements of DPI Agriculture and BCD, Council will not have delegation to finalise the amendment and the matter will need to be determined and finalised by a delegate for the Minister for Planning and Public Spaces.

Community Engagement

Engagement undertaken

Consultation was conducted in accordance with the requirements of the Gateway Determination and Council’s adopted Community Engagement Strategy. Public exhibition was undertaken for 28 days from 16 March 2021 to 18 April 2021. Exhibition of the planning proposal was notified on the ‘Have Your Say’ page of Council’s website, a media release was published, and a notice was placed on Council’s Facebook page. Each of the local Chambers of Commerce and the development professionals group were notified by email.

The owners of all land affected by the planning proposal were notified directly by a detailed letter containing an overview of the proposed zoning changes that specifically related to their property including a map of the area affected, information outlining the impact of the changes on existing uses and rates as well as details of the changes to land use tables proposed.

In accordance with the Gateway Determination, consultation with BCD, DPI Agriculture and NSW Rural Fire Service (RFS) was also undertaken.

Summary of Submissions 

Six public and three agency submissions were received during the exhibition.

A summary of the submissions received is outlined in Attachment 1. The key issues raised in the submissions are outlined below including discussion from Council staff.

1) Bush Fire Protection

Issue summary: RFS had no objections to the planning proposal subject to a requirement that the future development presenting an increase in residential density complies with Planning for Bush Fire Protection Guidelines 2019.

Staff comment: Chapter 7 and clause 8.2.1 of Planning for Bush Fire Protection Guidelines 2019 cover requirements for residential infill development and increased residential densities respectively. Compliance with the guidelines is part of the normal development assessment process for any development application on bushfire prone mapped land.

Recommendation: No change to planning proposal.

2) Objections to inclusion of hotel and motel accommodation as a permitted with consent

Issue summary: DPI Agriculture objected to the inclusion of hotel or motel accommodation as a permitted use with consent in the RU2 Rural Landscape zone as there is a risk that this type of land use would dominate the primary production function of rural land and increase potential land use conflict with agriculture uses. The permitted use ecotourist facilities may already provide the accommodation style being sought particularly where it is near to natural areas.

BCD objected to the general inclusion of hotel motel accommodation as a permitted use in E3 Environmental Management zone as it generally will not meet the objectives of the zone and there is insufficient evidence provided to support this type of scale of development in the E3 zone.

Staff comment: Not enabling the use of hotel and motel accommodation in the RU2 and E3 zones will not significantly limit achieving the objectives of the Commercial Land Strategy as future development of this type in these zones because other tourist accommodation uses such as ecotourist facilities as well as bed and breakfast and farm stay accommodation are already permitted in both these zones.

Recommendation: It is recommended that hotel and motel accommodation be removed from the planning proposal as a proposed permitted land use in the RU2 Rural Landscape and E3 Environmental Management zones.

3) Merimbula - Support for rezoning / question any changes to height limits.

Issue summary: One submission supported the proposed changes in Merimbula and another questioned if there are any proposed changes of building height in Merimbula in the planning proposal.

Staff comment: There are no height variations for any land in Merimbula in the planning proposal. Littleton Gardens in RE1 Public Recreation zone in Bega is the only land that is proposed to have an amendment to the maximum building height from 13 metres to 10 metres to be consistent with surrounding non-commercial zone land.

Recommendation: No change to planning proposal.

4) Tathra – Support for rezoning / question impact of high-density development on Tathra headland.

Issue summary: Rezoning the land from B2 Local Centre to B4 Mixed Use in the Tathra headland area will result in high density units, which will be an overdevelopment of the area and adversely affect its character.

Staff comment: The Commercial Land Strategy includes a character statement for Tathra to clarify the vision and framework for the development of the town over the next 20 years. The aim for Tathra is to encourage development that is sympathetic with its coastal setting and to protect key elements within the streetscape including view corridors that contribute to the uniqueness of the town. There are several existing development controls that will ensure that new development will be in keeping with the Tathra character statement that will not change with the implementation of this planning proposal. 

Recommendation: No change to planning proposal.

5) Bega – Oppose extent of rezoning from B4 Mixed Use to B2 Local Centre

Issue summary: Two submissions raised concerns with rezoning land in Bega from B4 Mixed Use to B2 Local Centre because it will reduce flexibility for landowners to respond to market demand. The B2 zone will reduce the residential type land uses permissible and prohibit conversion from business to residential use, particularly in Peden and Canning streets. Residential demand has increased and there is a current oversupply of small-scale retail space in the Bega CBD. Recent community trends such as online shopping and working from home is likely to exacerbate this oversupply. The rezoning will reduce medium density development opportunities within walking distance of Bega CBD. 

Staff comment: The strategic intention of the rezoning from B4 Mixed Use to B2 Local Centre is to ensure that the commercial centre of Bega is positioned to be able to cater to commercial growth over a 20-year timeframe. It aims to enable the expansion of commercial uses into the future around the existing commercial core and to consolidate the business zone and existing commercial uses around the existing core. This will clearly define the Bega town centre and ensure that it can deliver a diverse range of employment, administrative, retail, business, health and education opportunities into the future.

The planning proposal does not propose to rezone all B4 Mixed Use land in Bega to B2 Local Centre and there will still be significant potential for redevelopment within the remaining B4 zone as well as the existing R3 Medium Density Residential zones for medium density residential development. It is noted that the B2 Local Centre zone includes shop top housing as a permissible use, which will enable some housing diversity and supply in the Bega CBD on appropriate sites.

Recommendation: No change to planning proposal.

6) Bega - Lack of large-scale commercial land within walking distance of Bega CBD.

Issue summary: There is a lack of large-scale commercial land within walking distance of Bega CBD. More industrial land should be provided so that existing industrial land uses close to Bega CBD can be relocated to make their current sites available for large scale commercial.

Staff comment: In developing the Strategy, vacant B4 Mixed Use zone land, vacancy rates in B2 Local Centre zone and the potential for the gradual relocation of light industries to outside the centre were considered. The planning proposal includes removal of vehicle sales or hire premises as a permitted use and continues the prohibition of light industries in the B2 Local Centre zone to assist with the relocation of these uses to an industrial area.

Recommendation: No change to planning proposal.

Financial and resource considerations

The processing of the planning proposal and its public exhibition have been undertaken as part of Council’s regular work program and within the adopted 2020-21 budget.

Legal /Policy

This planning proposal was prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and DPIE’s A Guide to Preparing Planning Proposals (December 2018).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The planning proposal aims to achieve the following goals of the South East and Tablelands Regional Plan 2036:

·    Goal 1: A connected and prosperous economy

·    Goal 4: Environmentally sustainable housing choices

The planning proposal is consistent with the following goals of the Bega Valley Shire Community Strategic Plan 2040:

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

·    Goal 4: We have meaningful employment and learning opportunities for people in all stages in life

·    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

The planning proposal is consistent with achieving the planning priorities of the Bega Valley Shire Local Strategic Planning Statement 2040 relating to:

·    Agriculture, tourism, character, housing and town centres

Environmental / Sustainability

The planning proposal will contribute to a more diverse and thriving economy including economic sustainability, sustainable development and sustainable employment opportunities as well as encouraging more vibrant town centres. The planning proposal may lead to improved sustainability outcomes through consolidation of land and redevelopment that complies with current best practice building standards and improved energy efficiency.

It is not anticipated that there will be any adverse environmental effects because of this planning proposal. The planning proposal zoning changes apply to existing B1 Neighbourhood Centre, B2 Local Centre, R3 Medium Density Residential, B4 Mixed Use zoned land and IN4 Working Waterfront in urbanised areas. The Biodiversity Values Map was examined and there are no Biodiversity Values as framed under the Part 7 of the Biodiversity Conservation Act 2016. It is not anticipated that the amendments to existing land use tables will adversely affect critical habitat or threatened species, populations or ecological communities, or their habitats.

The public infrastructure servicing the properties subject to this planning proposal is adequate and the planning proposal will not increase demand on public infrastructure.

Economic

The planning proposal implements the necessary changes to land use zones, building heights, lot sizes and land use tables to implement the direction for future development within commercial centres in accordance with the Strategy. The outcomes of the planning proposal will be revitalised commercial spaces, improved economic growth opportunities and a more robust, resilient economy through greater diversity and employment generating opportunities.

Risk

The planning proposal will help address risk to our existing economic and employment base, which is dependent on a small number of industry sectors, by providing increased opportunity for diversification of commercial activity.

There are no additional risks to Council of adopting changes to BVLEP 2013, as this is a regular organisational activity. 

Social / Cultural

The planning proposal will encourage employment generating opportunities and help create more vibrant and activated commercial centres that facilitate community connections, recreation and cultural activities.

Attachments

1.         Summary of submissions to exhibition of planning proposal

2.         Commercial Land Use Planning Proposal - Proposed LEP Amendment

 


Council

30 June 2021

Item 8.3 - Attachment 1

Summary of submissions to exhibition of planning proposal

 

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Council

30 June 2021

Item 8.3 - Attachment 2

Commercial Land Use Planning Proposal - Proposed LEP Amendment

 

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Council 30 June 2021

Item 8.4

 

8.4.  Submission on Proposed Employment Zones Framework     

Council has been invited to make a formal submission to the Employment Zones Reform proposed by the NSW Department of Planning, Industry and Environment.

Director Community Environment and Planning  

Officer’s Recommendation

That Council provides a formal submission (Attachment 1) to the NSW Department of Planning, Industry and Environment on the Position Paper: Proposed Employment Zones Framework and associated supporting documents.

 

Executive Summary

The NSW Department of Planning, Industry and Environment (DPIE) is undertaking a suite of reforms which includes the delivery of a simplified employment zones framework that aims to support long-term economic recovery through job creation and encourage increased productivity in NSW.

This report recommends that Bega Valley Shire Council make a formal submission to DPIE on the Position Paper: Proposed Employment Zones Framework (Position Paper) and associated supporting documents.

Background

The Position Paper details one part of a two-part reform process that is occurring simultaneously, involving a review of industrial and business zones and associated business and industrial complying development provisions. Council made a formal submission to the Explanation of Intended Effect: Building Business Back Better in May 2021.

The Position Paper is currently on public exhibition alongside supporting documents: Draft Standard Instrument Principal LEP Amendment Order, Employment Zones Implementation Plan and Proposed Land Use Matrix. These documents are available on DPIE’s website.

The Position Paper proposes replacing the existing Business (B) and Industrial (IN) zones with five new employment zones and three supporting zones under the Standard Instrument Principal Local Environmental Plan (2006) as well as several new, updated or consolidated land use definitions.

While some of the reforms outlined in the Position Paper align with the current Bega Valley Shire Local Environmental Plan 2013 and Commercial Land Strategy 2040, other aspects of the reforms may have the potential to undermine Council’s adopted land use directions of the Commercial Land Strategy 2040 and Local Strategic Planning Statement 2040 (LSPS). Overall, it is felt that the proposed reforms do not address the underlying rigidity in the NSW planning system and are therefore unlikely to lead to any significant improvement to the framework.  It is considered that the reforms will cause confusion to land and business owners and come at a significant implementation burden to Council with no significant discernible benefit. These concerns are discussed in detailed in the proposed submission (Attachment 1) to the Position Paper.

Options

Options available to Council are to:

1.    Adopt Attachment 1 as Council’s submission on the Position Paper. This is the recommended option. It proposes amendments to the Employment Zones Framework that support Council’s adopted strategic land use directions for employment land in the Bega Valley Shire.

2.    Not make a submission. This would mean that changes to the Employment Zones Framework will be made without Council’s input. These amendments may not align with Council’s adopted strategic direction.

3.    Amend the proposed submission.  Councillors would need to advise staff of proposed amendments.

Community and Stakeholder Engagement

Engagement undertaken

Council officers participated in a DPIE workshop about the industrial and business zones review, attended a meeting with DPIE staff about the potential impact of the Employment Zones Framework on the current planning proposal to implement the Commercial Land Strategy and provided some advice to DPIE regarding exhibition material prior to the exhibition.

Councillors have also been briefed by Council staff on DPIE’s economic land use planning reform program.

Engagement planned

Should Council resolve to make a submission, Council staff will engage with DPIE in a manner consistent with the submission at any future workshops in relation to the proposed Employment Zones Framework. 

Financial and Resource Considerations

There is no cost to Council, other than staff time, to participate in drafting the submission and reporting the matter to Council. It is likely that in implementing these reforms there will be an opportunity cost to Council as staff resources are diverted from other priority tasks.

Legal /Policy

The Position Paper will result in amendments to the Bega Valley Shire Local Environmental Plan 2013 and associated maps which will, in turn, require amendments to the Bega Valley Shire Development Control Plan 2013.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed submission to the Position Paper is aligned with the Bega Valley Community Strategic Plan 2040, Bega Valley Shire Local Strategic Planning Statement 2040 and Commercial Land Strategy 2040. It is also strategically aligned with the South East and Tablelands Regional Plan 2036 and the Far South Coast Regional Economic Development Strategy 2018-2022.

Environment and Climate Change

Feedback to the Position Paper recommends drawing more attention to the opportunity to integrate renewable energy infrastructure with development on industrial land.

Economic

The bulk of the reforms in their current form are not anticipated to have a significant impact on the Bega Valley Shire’s economy.  Co-location of some land uses may be beneficial to industry and the review of land use zone definitions is supported and may result in better outcomes and opportunities for business and communities.  The mandating of land uses in various business and industrial zones may result in out of centre development or undermine efforts to increase vibrancy in our town centres. 

Risk

There are no material risks to Council of providing comment on the Position Paper. 

Increasing the mandated permitted land uses in various zones may increase risk of development occurring in unsuitable locations and decisions to refuse such development could lead to appeals in the NSW Land and Environment Court.

Social / Cultural

Care will need to be taken to ensure that zone changes retain existing buffers between industrial and residential land uses to preserve amenity. Changes in terminology will likely be a frustrating and confusing aspect of the reforms for landowners.

Attachments

1.         Proposed Submission on Employment Zones Framework Position Paper

 


Council

30 June 2021

Item 8.4 - Attachment 1

Proposed Submission on Employment Zones Framework Position Paper

 

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Council

30 June 2021

 

 

Staff Reports – Infrastructure Waste And Water

 

30 June 2021

  

11.1            Classification of land within the Central Waste Facility.................................... 450

11.2            Road Naming - Jacksonia Grove, Bega.............................................................. 453

11.3            Bega Valley Local Traffic Committee................................................................. 458

11.4            Proposed new road name: Hukins Lane, Buckajo............................................. 461

11.5            Transfer of lease - lease site LS-03 Merimbula Airport..................................... 464

11.6            RFT 2021-105 Sporting and Parkland Turf Maintenance.................................. 467

11.7            Traffic and Transport Study for Ford Park / Fishpen......................................... 471


Council 30 June 2021

Item 11.1

 

11.1. Classification of land within the Central Waste Facility     

This report seeks approval to classify Lot 1 DP 1271967 within the Central Waste Facility as operational land under the Local Government Act 1993 (NSW).

Director Assets and Operations  

Officer’s Recommendation

1.    That Council note the 28-day public notification process has been completed regarding the proposal to classify Lot 1 DP 1271967 within the Central Waste Facility as operational land, with no submissions received.

2.    That Council resolve to classify Lot 1 DP 1271967 within the Central Waste Facility as                operational land under Section 31 of the Local Government Act 1993.

 

Executive Summary

The public notification process to classify Lot 1 DP 1271967 within the Central Waste Facility (CWF)as operational land has just been completed as required under the provisions of the Local Government Act 1993 (LG Act) and a resolution of Council is now sought to finalise the classification process.

Background

Council resolved, at its Ordinary Meeting of 12 May 2021, when considering the proposed classification of Lot 1 DP 1271967 within the CWF to commence a public notification process to classify the land parcel (Figure 1) as operational land under the LG Act.

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

Figure 1 – Subject land within the CWF.

Options

There are no further options for Council to consider in relation to the classification of Lot 1 DP 1271967 within the CWF.

Community and Stakeholder Engagement

Engagement undertaken

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

Because of the amendments, the public notice advertisement regarding the proposed classification of Lot 1 DP 1271967 within the CWF appeared on Council’s website with the submission period closing on 18 June 2021.  No submissions were received objecting (or otherwise) to the proposal.

Engagement planned

There is no further community or stakeholder engagement required to finalise the classification of Lot 1 DP 1271967 within the CWF.

Financial and Resource Considerations

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

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

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environment and Climate Change

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

Economic

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

Risk

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

Social / Cultural

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

Attachments

Nil

 


Council 30 June 2021

Item 11.2

 

11.2. Road Naming - Jacksonia Grove, Bega     

This report details the road renaming process that was undertaken for a section of Bridge Street, Bega and provides options to change the name of Jacksonia Grove, Bega.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council maintain the road name Jacksonia Grove, Bega in the current location.

 

Executive Summary

At the Council meeting of 21 April 2021, a resolution was passed that Council be provided with a report on options to change the name of Jacksonia Grove, Bega to a name that reflects the history of the former name Bridge Street, Bega and addresses the emergency services issues that led to the change of name.

Background

A formal road naming process was undertaken to rename a section of road previously known as Bridge Street, Bega.  The road was formally renamed Jacksonia Grove and a notice was published in the NSW Government Gazette on 18 May 2018 to formalise the process.

Bridge Street was completely severed with one section running along the river in the township of Bega (Figure 1) and the other servicing six (6) properties with dwellings in North Bega (Figure 2).  The road renaming process was initiated as a result of emergency services attending the wrong section of Bridge Street when responding to an incident.  To mitigate this risk, Council officers determined that it was necessary to rename a section of Bridge Street to ensure there was no confusion in the future.  The section of Bridge Street that was selected was considered the most appropriate as there would be no affected dwellings and would therefore have the least adverse impacts.

The name Jacksonia was selected from Council’s list of pre-approved road names and in accordance with Council’s Road Naming Procedure, notice of the road naming proposal was published in the Bega District News, Merimbula News Weekly and the Eden Magnet in April 2018.  The notice included details of how a submission could be made allowing twenty-eight (28) days for submissions to be received.  Council did not receive any submissions opposing to the proposed road name during the public consultation process.

Council resolved at its Ordinary meeting of 3 February 2016, when considering several road name suggestions for pre-approval and future use within the Shire as follows:

That authority be given for Council staff to submit the above list of proposed road names to the Geographical Names Board of New South Wales for pre-approval and reservation for future use within the Shire as approved by the Council Delegate.

The name Jacksonia was included on the list for pre-approval in line with the ‘natural environment, marine, flora or fauna’ thematic category and means: Jacksonia scoparia, a native species of a pea-flowered, greyish, leafless, broom-like shrub or small tree.  It is regionally significant in our region and common along roadsides in the Bega Valley.

The definition of road types, derived from AS/NZS 4819:2011, are outlined in the Geographical Names Board, NSW Address Policy and User Manual with the road type grove meaning: roadway that features a group of trees standing together.

It was not Council officers’ intention to disrespect the historical significance of Bridge Street and the road name is still maintained in the Bega area.  Council has a duty of care to the community and acted in good faith to ensure the safety of the community is not compromised and the road renaming had the least impact on members of the community.  

Figure 1 – Jacksonia Grove, Bega

Figure 2 – Bridge Street, North Bega

Options

The options available to Council are:

1.    Maintain the status quo. The name Jacksonia Grove is considered suitable for the location and road type and has the least impact on the community.  The safety of all residents within the Shire is considered a priority and having accurate and unique property addressing enables a quick response for emergency services.  It should also be noted that it takes time for mapping data to update when road name changes occur, and Jacksonia Grove is now recognised by all authorities in this location.  Enacting a change could result in confusion for emergency service agencies.  In addition, Council has incurred costs to complete the road renaming process and erect street signage. 

        There is no mechanism to reflect the former name Bridge Street in this location as section 6.7.8 of the NSW Address Policy and User Manual prevents the use of suffixes, prefixes and directional indicators.

        A road name shall not include qualifying terminology, a cardinal indicator or a similar prefix (e.g. Upper, Lower, Old, New, East, West) unless the road name is derived from a name which includes it.

        A directional or similar device shall not be used as a suffix to uniquely define road extremities e.g. Boundary Road East and Boundary Road West.

        Origin to destination names, such as Bathurst-Oberon Road shall not be used. It is too easy for such names to be confusing as there are too many aliases. Further to this, road name signs for origin-destination names can create confusion when the respective names are opposite in direction to the actual location of the places as indicate by their order on the sign e.g. Bathurst Road, Oberon Road, Oberon-Bathurst Road.

2.    Amend the existing road name Jacksonia Grove to Bridge Street and rename Bridge Street, North Bega to Jacksonia Grove or another road name from Council’s list of pre-approved road names.  Note there are six (6) residential dwellings on Bridge Street, North Bega that will be required to be re-addressed as a result of this option.

Section 6.7.9 of the NSW Address Policy and User Manual states: road names are intended to be enduring, and the renaming of roads is discouraged unless there are compelling reasons for a change.  Issues that can prompt renaming include the redesign of a road, changed traffic flow, mail or service delivery problems, duplication issues and addressing problems.

3.    Amend the existing road name Jacksonia Grove to another name from Council’s list of pre-approved road names. Noting the abovementioned comments regarding the discouragement of road renaming.

Community and Stakeholder Engagement

Engagement undertaken

Notice of the road naming proposal was published in the Bega District News, Merimbula News Weekly and the Eden Magnet on 11, 12, 13 April 2018.  The notice included details of how a submission could be made allowing twenty-eight (28) days for submissions to be received.  As Council did not receive any submissions opposing to the proposed road name during the public consultation process a notice was published in the NSW Government Gazette on 18 May 2018 to formalise the process.

Council officers have formally addressed written correspondence from a third party regarding the road renaming process to explain the reasoning and responded to media enquiries regarding the renaming process.

Engagement planned

If Council resolves to proceed with a road renaming process for Jacksonia Grove a further twenty eight (28) day public exhibition period will be required to formalise an alternative road name.

Financial and Resource Considerations

Council officers were required to complete the formal road renaming process and arrange new street signage.  Advertising the road name Jacksonia Grove in the Bega District News, Merimbula News Weekly and the Eden Magnet cost Council $508.75.  Two (2) street signs at either end of Jacksonia Grove were erected following completion of the road renaming process which cost Council $360.00 including installation.

Legal /Policy

There are several relevant clauses in the NSW Address Policy and User Manual that should be considered in relation to this matter:

Clause 6.7.4 Uniqueness Duplication
Uniqueness is the most essential quality to be sought in proposing a new road name. A road name will be regarded as a duplicate if it is the same or similar in spelling or sound to an existing name, regardless of the road type. Road names shall not be duplicated:

·    Within the same address locality

·    Within the adjoining locality

·    Within a duplicated locality anywhere in NSW

·    Within the following proximity radius:

10km in a Metropolitan Urban Area

20km in a Regional Urban Area

30km in a Rural Area

The proximity radius provides the minimum required distance between duplications. 20km-30km Regional Urban Area or Rural Area

Clause 6.7.5 Acceptable Road Names
Names of early settlers, war servicemen and women and other persons who have contributed to the heritage of an area, local history themes, flora, fauna, ships etc. are usually most suitable for applying to roads.

Clause 6.7.7 Road Extents
A road name shall apply from one end of the road to the other i.e. the point where the road finishes or intersects with another road or roads.  The extent of a named road shall be defined by the formed road and shall include only one section navigable by vehicles or foot.  Unconnected navigable sections, such as where separated by an unbridged stream or a physical barrier, shall be assigned separate names.

When a road extent is broken into separate sections by redevelopment or redesign, the name shall only be retained on one section and the other section(s) renamed as part of the development process.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no strategic alignment matters associated with the report.

Environment and Climate Change

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

Economic

As outlined above in the financial section of this report Council have outlaid a total of $868.75 to rename the road. Any renaming as a result of this report would incur additional costs. If the section of Bridge Street at North Bega is renamed residence would incur costs as a result due to the need to update their addresses. 

Risk

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

·    Reputational risk in relation to the community's view on how Council is handling the complaint;

·    Financial risk in relation to the complaint and costs associated with a further road renaming process;

·    The safety of all residents within the Shire is considered a priority and having accurate and unique property addressing enables a quick response for emergency services;

·    There are six (6) residential properties on the section of Bridge Street, North Bega that would be adversely impacted if this section of Bridge Street was to be renamed;

·    The renaming allowed conformity with NSW Addressing Principles;

·    The renaming causes the least disruption, affecting no residential dwellings;

·    The sections of Bridge Street are completely severed.

Social / Cultural

There are no social / cultural matters associated with the report other than the understanding that one of the drivers behind the notice of motion that led to the resolution as a precursor to this report was a link to the history of the area.

Attachments

Nil

 


Council 30 June 2021

Item 11.3

 

11.3. Bega Valley Local Traffic Committee     

This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee.

Director Assets and Operations  

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 2 June 2021 to be tabled at the 30 June 2021 Council meeting.

Coast to Kosci 240km Ultramarathon 3, 4 and 5 December 2021

A submission has been received from Ultra Marketing Pty Ltd and The Summit Track to hold the Coast to Kosci Ultramarathon commencing at 5:30am on Friday 3 December 2021 at Boydtown Beach and finish at 3:30pm on Sunday 5 December 2021 at Charlotte’s Pass.

This event is limited to 50 pre-qualified runners and is continuous running with no stops and an overall cut-off time of 46 hours. The event Coast to Kosci is held in the highest regard amongst the running community, both nationally and internationally.

The Australian Ultra Runners Association (AURA) has endorsed the 2021 Coast to Kosci subject to all formal approvals being received.

Recommendation

That the proposed arrangements involving public roads and footpaths contained in road reserves be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the Transport for NSW (TfNSW) Traffic Control Manual.

That the proposed arrangements involving road crossings be supervised by Marshals. Marshals are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

That the event organisers liaise with local road authorities regarding the availability and safe use of some of the proposed routes due to roads and trails being affected by the recent floods.

That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate (TfNSW) accreditation.

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

That organisers have approved public liability insurance of at least $20 million indemnifying Bega   Valley Shire Council, NSW Police and Transport for NSW by name for the event.

That organisers have written Police approval prior to conducting the event.

That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

That event organiser liaises with public transport operators.

That the event operates strictly under the NSW Health Department COVID19 conditions.

Link to the application : https://begavalley.nsw.gov.au/page.asp?f=RES-DEW-50-44-25

Penguin Mews in Beach Street, Merimbula

An email was received from the caretaker of the Penguin Mews, Beach Street, Merimbula, see below:

To Whom It May Concern

I am non-resident caretaker at Penguin Mews in Beach Street, Merimbula. I request advice and or assistance with a parking matter, in particular the obstruction of the driveway that serves Units 6, 8, 10 and 12.

Penguin Mews occupies 27-29 Beach Street. The distance between the driveways at 29 and 31 Beach Street is to short to park a car, except for the shortest of cars, and most people do not attempt to park there. Often, this space is used for making a U-turn. Some drivers use this space as a park of last resort when the car park opposite is full and no nearby street parking is available. In over six months I have never seen a driver park there if another spot was available. When it is used for parking, the driveway is usually obstructed. I have included some photos as requested.

I spoke with a driver last week and they said they weren't parked over the driveway which they thought was a pedestrian way not used by cars. This gets to the point whether the crossover mouth is part of the driveway or not. The only document I could find on the internet was from Greater Hume Council which said the mouth of the crossover is part of the driveway which was my understanding also.

Whilst there is a NO PARKING sign painted on the road at the driveway, it is unclear where this begins and ends. Furthermore, the power pole between the driveways at 29 and 31 Beach Street, indicates that parking has a 2hr restriction from the pole to Market Street implying that parking is legal in this space.

Request

I ask that consideration be given to removing the 2hr parking sign from the power pole and positioning it on the Market Street side of the driveway at 31 Beach Street.

A secondary request would be to replace the 2hr parking sign on the pole with a NO PARKING SIGN or MOTORBIKE ONLY, a sign I have seen in Merimbula Drive, or to paint the standard parking bay lines. As a person familiar with the area, my recommendation would be a NO PARKING SIGN as that short strip of kerb is already successfully used for dropping off or picking up passengers as well as performing U-turns.

Recommendation

That Council approve the installation of a “No Stopping” zone between the extremities of the existing driveways of No’s 27 and 29 Beach Street, Merimbula.

Attachment:  Penguin Mews Photo, Beach Street, Merimbula

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 (TfNSW) 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.

Attachments

1.         Attachment - Photo of Penguin Mews, Beach Street, Merimbula

 


Council

30 June 2021

Item 11.3 - Attachment 1

Attachment - Photo of Penguin Mews, Beach Street, Merimbula

 

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Council 30 June 2021

Item 11.4

 

11.4. Proposed new road name: Hukins Lane, Buckajo     

A Development Application has been approved for a new subdivision in Buckajo and Council has received an application from the developer to formally name one new road associated with the subdivision.

Director Assets and Operations  

Officer’s Recommendation

1.      That Council receive and note the report.

2.      That Council approve the proposal to name the new road off Buckajo Road in Buckajo as Hukins Lane.

3.      That Council advertise the proposed road name on its website, inviting submissions to the proposal.

4.    That if no objections are received within the submission period, Council officers proceed        with the road naming proposal without subsequent referral to Council.

 

Executive Summary

Council has received an application to formally name a new road associated with an approved subdivision under Development Application (DA 2008.276).  In accordance with Council’s Road Naming Procedure 4.10.6, all new road naming proposals are to be reported to Council seeking approval to advertise the proposed use of the road name.

Background

The road will serve as the main point of access to the subdivided land parcels located off Buckajo Road in Buckajo.  The road will be dedicated to Council upon registration of the Plan of Subdivision and Council will take over care and control of the road once constructed by the developer and the mandatory maintenance period has been completed.  The name proposed for this road is Hukins Lane, Buckajo.  This name complies with Council’s Road Naming Procedure 4.10.6 under Road Naming Criteria (a)(iii) Natural Environment, Marine, Flora or Fauna; ii. Early explorers, pioneers, settlers and historical figures.

 

Suggested Name

Background

Hukins

·   Historical family of the Buckajo area

 

The Hukins family are historical to the Buckajo area.  Attached is an extract from the surviving Hukins family detailing the history of the family in the area for the information of Councillors.

The NSW Geographical Names Board (GNB) has reviewed the name under their Guidelines for the naming of roads and there is no objection to its use.

Options

The proposed road name complies with GNB Guidelines and Council’s Road Naming Procedure 4.10.6 as such there is no impediment to using the name, however Council does have the option not to accept the applicant’s suggested road name if they wish.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with the applicant and GNB regarding the proposed road name of Hukins Lane.

Engagement planned

The proposed road name of Hukins Lane will be advertised on Council’s website, allowing a period of 28 days for submissions to be received.  If no objections are received, GNB will be advised to arrange gazettal.  If any objections are received, a further report will be presented to Council.

Financial and Resource Considerations

Under Council’s Fees and Charges, the road naming application fee has been paid by the developer which covers all costs associated with the road naming process.  Council’s Property officers will be required to complete the public notification process.

Legal /Policy

In accordance with Council’s Road Naming Procedure 4.10.6 the naming of the Shire’s roads is pursuant to the provisions of Section 162 of the Roads Act 1993 (NSW) and the NSW Address Policy and User Manual adopted in October 2019.

In accordance with Division 1 clause 7 of the Roads Regulation (2018) which commenced on 1 September 2018, Council is now able to publish notice of a road naming proposal on the Council’s website rather than in a local newspaper.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no strategic alignment matters associated with the report.

Environment and Climate Change

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

Economic

There are no economic matters associated with the report.

Risk

There are no risks associated with the report.

Social / Cultural

There are no impacts on Social / Cultural matters associated with the report.

Attachments

1.         Historical information relating to the Hukins family

 


Council

30 June 2021

Item 11.4 - Attachment 1

Historical information relating to the Hukins family

 

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Council 30 June 2021

Item 11.5

 

11.5. Transfer of lease - lease site LS-03 Merimbula Airport     

Council has received formal advice from the lessee of lease site LS-03 at Merimbula Airport that they are selling their business and they are requesting Council approval to transfer the remaining lease term to the new owners/directors.

Director Assets and Operations  

Officer’s Recommendation

1.    That Council receive and note the report.

2.    That Council approve the transfer of the lease for lease site LS-03 at Merimbula Airport from the existing owner/director of Merimbula Air Services Pty Ltd, Andy Campbell to Tracy Mckee and Bastiaan Bolt who will continue to operate under the Merimbula Air Services Pty Ltd entity.

3.    That the existing lessee, Andy Campbell, be responsible for the payment of all costs associated with the transfer of lease process.

4.    That the Mayor and/or General Manager be authorised to execute the necessary documentation to formalise the above course of action.

 

Executive Summary

The owner/director of Merimbula Air Services Pty Ltd, Andy Campbell, has advised the new owners/directors intend to continue to operate under the Merimbula Air Services Pty Ltd entity, run the business in a similar fashion and maintaining the same lease site.

Formal Council approval is required in order to transfer the lease and for the Mayor and General Manager to execute the necessary documents.

Background

Council approved a land only lease to Merimbula Air Services Pty Ltd of lease site LS-03 at Merimbula Airport at its Ordinary Meeting of 31 October 2018.  Merimbula Air Services Pty Ltd operate aviation related business including aircraft charters and a flying school from a small building located at the airport site.  Merimbula Air Services occupation of lease site LS-03 is by way of a formal lease agreement which has been registered on title and does not expire until 30 June 2024.

Council officers have been provided with evidence detailing Tracy McKee’s aviation qualifications, which indicate her involvement in the industry since the late 1980s.

Council has been progressing the Airport Master Plan and moving forward there will be a focus on General Aviation activity to the north of the terminal building.  It is noted that this lease site has been identified as an area which will be developed for public parking and future terminal expansion therefore these lease will not be renewed past the current expiry date.

Options

The options available to Council are:

1.    Approve the transfer of the current lease to the proposed new owners/directors as recommended in this report.  As the business and building is being sold, it is in the best interest of Council (as lessor) to transfer any remaining term of the lease to the new owners/directors.

2.    Provide approval for the current lessee to surrender the remainder of their lease term, with Council officers conducting a further public EOI process to locate a new tenant for the site.  This option would require the existing tenant to vacate the site which would include removal of the building.

Community and Stakeholder Engagement

Engagement undertaken

Council property officers have consulted with the current airport lessee regarding the transfer of lease site LS-03 and will continue to keep them well-informed of the transfer of lease process.

Engagement planned

Council officers will continue to consult with the lessee, new owner and legal representatives to action the resolution of Council.

Financial and Resource Considerations

The current rental for lease site LS-03 at Merimbula Airport is $1,793.50 per annum with an annual CPI increase.

The existing lessee, Andy Campbell will be required to pay the assignment of lease fee as contained in Council’s Fees and Charges Schedule, currently set at $565 (including GST).  This fee covers the cost of Council officer time to attend to this matter and ensure the documentation prepared by the lessees’ solicitor meets Council’s requirements.

The applicant will also be required to pay for all costs associated with this matter, including all legal costs and registration fees to formalise the matter.

Legal /Policy

Under clause 24.1 of the lease agreement the lessee must not transfer the lease without Council’s written consent.

As the lessee will also be required to pay for all costs associated with this matter, including all legal costs, and registration fees to formalise the matter they may instruct a legal representative of their choice to prepare the necessary documentation for review by Council’s panel legal representatives.  The transfer will provide the new owner the same rights and privileges as the current lessee and ensure they also comply with the existing terms and responsibilities contained in the current lease until the end of the term.  The transfer will need to be executed by Council’s Mayor and General Manager if approved by Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The building is owned by the lessee of the site, with the land only leased from Council.  The building is therefore not included on Council’s Building Asset Management Plan.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed transfer of lease process.

Economic

As detailed above in the Finance section of this report there is an economic benefit to Council in continuing to lease site LS-03 at the Merimbula Airport.

Risk

Council officers consider there are no adverse risks to Council should the new owner’s default on the terms of their lease, as the agreement could be terminated by Council requiring only one (1) months’ notice.

Social / Cultural

There are no social / cultural matters associated with the proposed assignment of lease process.

Attachments

Nil

 


Council 30 June 2021

Item 11.6

 

11.6. RFT 2021-105 Sporting and Parkland Turf Maintenance     

This report details the outcome of the public tender RFT 2021-105 for services to develop and deliver turf maintenance programs for sporting facilities and selected parklands across the Shire over a five-year period.

Director Assets and Operations   

Officer’s Recommendation

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

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

3.    That authority be delegated to the General Manager to execute all relevant documentation.

4.    That Council accept tenders from two contractors for the delivery of Services relating to         RFT 2021-105. That <Insert> be the appointed contractor for the Northern geographical         zone, and <Insert> be the appointed contractor for the remainder of the Shire.

 

Executive Summary

For Council to continue to maintain and improve its sporting facilities and regional level parklands, it is prudent to implement turf maintenance programs. Tasks associated with turf maintenance are outsourced due to the availability of resources and current expertise within Council.

The following report outlines the process and rationale behind conducting an open market tender, to continue to improve the standard of Council managed sporting facilities and regional parklands.  Turf maintenance works in conjunction with operational mowing requirements sets a standard of professionalism to Councils high profile turf assets for the community and visitors to enjoy.

Background

Turf maintenance programs are delivered as a matter of asset maintenance for sporting facilities and parkland sites across the Shire. Turf maintenance programs help to encourage strong grass growth, improving the visual amenity and provide a more desirable surface for sport to be played on. Typical programs are run annually, with the bulk of the work undertaken through spring, summer and autumn, and often include soil aeration and soil amending, conditioning and fertilising; to provide strong and balanced growing mediums. Where necessary the programs can also include insect and weed controls, which can be detrimental to turf health.

The Bega Valley Council is the beneficiary of several exceptional parklands and sporting facilities, where turf maintenance programs add to the value, and amenity to the asset, as well as increase the useability of the facility. In previous years, annual programs have been developed by Council staff with materials and contractors sourced yearly to deliver programs. This methodology is time consuming, and logistically difficult for Council staff to manage. It also, provide less room for fluidity and adaption of programs depending on the season’s conditions and actual needs of each facility. To counter these issues, last year a Request for Quote (RFQ) process was undertaken where-by contractors were to supply materials, develop and deliver turf maintenance programs. These programs were then submitted by the contractor to the Council Officer for review and negotiation until the program balanced Council’s nominated budget for the year, the desired outcome, and allowed for adaption given the amount of rainfall received across the Shire.

The current Request for Tender (RFT) 2021-105 which has been conducted is a continuation of the process, however, aims to extend the program to utilise the same contractor/s over a five-year period. The five-year program sees the annual Turf Maintenance Program become a RFT under Council’s procurement procedures.

Under the RFT 2021-105 tenderers were asked to supply a Schedule of Rates and Schedule of Variations for tasks associated with turf maintenance, in order to capture tasks which are planned, and those which may be reactive in nature. This is to allow flexibility in turf maintenance allocations which may differ with each financial year.  Evaluations were focused primarily on price of these two Schedules, as well as experience, ability to deliver and benefits for the local region. Reviews of contract/s are scheduled after years one and three to ensure both Council and the contractors are happy with the process, rates and result.

RFT 2021-105 separated the Bega Valley region into four (4) geographic zones; Northern, Central North, Central South and Southern. The aim of this was to minimise costs associated with travel and logistics, which are often passed on to Council, as well as provide opportunities more broadly for contractors that are able to service their local areas, who may not have the resource availability to travel more broadly across the Shire.

Options

There was a total of five submissions to the open market tender. Three of these tenders were locally Bega Valley based companies, one was Snowy-Monaro based, and one a nationwide company with a base in Canberra.

The recommended outcome of the review process is to engage two Bega Valley based local companies to provide their Services from different geographical areas; one to service the Northern zone, with the other to service the Central North, Central South and Southern zones. Locally based contractors also enable resource arability for reactive works to be completed more easily, such as impacts from inclement weather or vandalism. Opting for contractors outside the Bega Valley region equates to less employment and economic activity within the Bega Valley Shire, as well as the oncost of contractors traveling to the region to undertake works.

Community and Stakeholder Engagement

Not required.

Engagement undertaken

Recent turf maintenance programs have been reported to the S355 Sportsgrounds Committee with positive feedback on the results of the program contributing to general improvements to sports oval surfaces. Sports grounds site committees are informed as works are programmed.

Engagement planned

No formal engagement is planned, however regular user groups and S355 Committee members will be informed as programs are planned and works are scheduled.

Financial and Resource Considerations

Funding of the Services is derived from the Leisure and Recreation, Operations and Maintenance budget. These funds are from Council’s General Ledger, with allocations devoted to turf maintenance subject to rise and fall depending on Councils position in any one financial year. The funding available in the 2022 FY budget for programmed turf maintenance is identified below. 

Programs and activities for facilities are based on the hierarchy of the asset, the intensity of use, local growing conditions and seasonal need.  For example, regional sites with higher winter sport user numbers would typically receive more maintenance activities to offset the impact of the more intense use of the oval. 

Item

$ Excl GST

Source of Funds 2022FY

 

Parkland Cost Centre Budget - Turf Maintenance

$35,000

Sportsground Cost Centre Budget - Turf Maintenance

$100,000

<reserve funds|name of reserve

 

Total Funds Available

* total income = $135,000

(Note these funds do not include mowing which is an operational activity)

Legal /Policy

This Tender process was undertaken in accordance with Section 55 of the Local Government Act 1993 and Part 7 of the Local Government (General) Regulations 2005

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2021 Operational Plan includes the following action:

1.2.3.3 - Develop and implement annual maintenance programs for sports ovals and parks and gardens

Turf maintenance programs for sporting facilities and regional level parklands align with the Recreation Asset Management Plan, to see facilities are fit for purpose. 

Environment and Climate Change

A part of turf maintenance programs is the use fertilisers, soil amendments and chemical applications. Council encourages the use of non-synthetic fertilisers and chemicals with low toxicity. This is for the health and safety of contractors applying these products, the community using these facilities, and for long-term health and sustainability of soil and water.

Pesticide applications comply with Council Pesticides Notification Plan

Economic

Recommended contractors are locally based businesses, who provide employment opportunities for Bega Valley residents. Engaging these businesses for the provision of Services related to RFT 2021-105 supports the local economy and may possibly generate additional employment opportunities for residents of the Bega Valley.

Risk

Tasks associated with the Services relating to RFT 2021-105 help to mitigate risks associated with the use of facilities. For example, a sporting facility which is not adequately maintained, may increase the chance of an injury.

Social / Cultural

Many in the Shire participate actively or indirectly the filed sports. Sport is an important part of the community in The Bega Valley. Delivering well devised turf maintenance programs improves the function and aesthetics of facilities for the local and tourist populations in the region. With these facilities, the Bega Valley has been the recipient of professional level sporting events such as the 2020 NRL trail match between Penrith Panthers and Parramatta Eels at the Bega Recreation Ground. Events such as this stimulate the local economy, bring the community together, and generate interest in sport. They often result in an influx of sporting participants which then create a healthier active community.

Attachments

1.            Confidential Attachment to Council Report RFT 2021-105 Sporting and Parkland Turf Maintenance (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 30 June 2021

Item 11.7

 

11.7. Traffic and Transport Study for Ford Park / Fishpen      

The report is in response to the Council resolution on the Notice of Motion 16.2 Merimbula Skate Park Location considered by Council at the Council meeting on 16 June 2021.

Director Assets and Operations  

Officer’s Recommendation

1.    A traffic and transport study for the Ford Park/Fishpen area as described in the report be completed by a suitably qualified consultant prior to Ford Park being further considered by Council as a suitable site for the skatepark in Merimbula.

2.    That Council note the estimated cost of $60,000 to undertake a traffic and transport study.

3.    That Council note there is currently no budget allocated to undertake a traffic and transport study as identified in this report

 

Executive Summary

At the Council meeting on 16 June 2021 Council considered the Notice of Motion 16.2 Merimbula Skate Park Location and resolved ‘That a report be provided to Council outlining the costs associated with undertaking a traffic and parking impact study of the Fishpen area.’

It is noted the resolution outlined above is different to the original notice of motion.

Background

The Notice of Motion 16.2 Merimbula Skate Park Location considered by Council 16 June 2021 relates to a previous Council report considered at the Council meeting  28 October 202011.7. A copy of the report is available on Councils website link http://begavalley.infocouncil.biz/Open/2020/10/OC_28102020_AGN_599_AT.htm#PDF2_ReportName_6225

At the meeting of the 16 June 2021 it was noted the Sapphire Coast Skate Association indicated they have raised significant funding which they would like to put toward progressing with concept planning for the Merimbula Skatepark project.

Both sites identified as the two preferred sites (Ford Park and Berrambool) have pros and cons and until a site is confirmed there is a risk that concept design work may not account for differing design requirements for each site; or effort put into design work will become redundant if the alternate site is untimely selected. 

During the discussion on the Notice of Motion concerns were raised regarding existing traffic volumes and movements in the Fishpen area, particularly during holiday periods. 

Completing the Traffic and Transport Study for Ford Park / Fishpen is an important step in identifying improvements to resolve a number of existing and potential additional vehicle and pedestrian traffic issues in the area.

As per the Council resolution of 28 October 2020 a Councillor workshop was held on Wednesday 5 May 2021. The workshop reviewed background information included in the 28 October 2020 Council report. Councillors discussed the matter and noted:

·    Differing views in the community

·    Very high current other project development and delivery workload

·    Current skatepark provision in the area (Pambula)

·    The Eden Skate park project is funded and progressing (in design phase)

·    The next priority recreation project for planning and development in Merimbula is Merimbula Lake Boardwalk / walk renewal,

·    The Merimbula skatepark funding was considered in the draft 2021/22 operational plan and budget. 

 

The outcome of the workshop discussion was that there was not consensus amongst Councillors to prioritise development of a Merimbula Skatepark project at present given other priorities.  Interested parties were advised of the outcome by email and that they could make a submission (to prioritise determination of a site and allocate funding to design) through the Draft 2021/22 operational plan and budget process. It is understood this then led to them most recent notice of motion considered by Council on the skatepark.

Options

·    Not prioritise development of a Merimbula Skatepark project at present and that Council defer discussion on a location of a Merimbula skatepark to the new Council and the next forward planning cycle which will commence in October 2021.

·    Based on the information provided to date, Council select Ford Park as the site for the skatepark in Merimbula.

·    Based on the information provided to date, Council select Berrambool Sportsground as the site for the skatepark in Merimbula.

·    Undertake a Traffic and Transport Study for Ford Park / Fishpen for an estimated cost of $60.000 with the results of that study be reported back to Council to determine a site for the skatepark in Merimbula. (Note that this project is not identified or budgeted for in the 21/22FY budget and operational plan.)

Community and Stakeholder Engagement

Engagement undertaken

Stakeholder engagement to date has been outlined in previous reports to Council. A meeting has been held with a representative from the Sapphire Skate Association since the most recent resolution of Council to explain Councils most recent resolution and next steps.

Engagement planned

Stakeholders will be notified of the outcome of this report and the next steps; which will vary depending on the outcome.

Financial and Resource Considerations

Financial considerations associated with the construction of a new skatepark have been outlined in previous reports irrespective of the location.

Based on previous traffic and transport study projects undertaken by Council it is estimated the traffic and transport study discussed in this report would be approximately $60,000 This has not yet been market tested. The general scope for the project would be to undertake the following across the whole Fishpen area:

To undertake a traffic, parking and pedestrian study that addresses the following:

·    Traffic – an assessment of current and future traffic volumes and recommendations and prioritisation of measures to alleviate issues identified

·    Parking – an assessment of current and future parking demand and supply, including parking duration, in order to assess the adequacy of current and future parking provision

·    Pedestrian - a review of current pedestrian and disabled access and the identification of measures to improve provision

A programme of surveys, together with a review of existing conditions, will inform technical advice on options and recommendations to the council.

 

Item

$ Excl GST

Expenditure Detail

 

Traffic and Transport Study for Ford Park / Fishpen Estimate

$60,000 (estimated)

 

 

Total Expenditure

$60,000 (sum of all costs excluding staff management time)

 

 

Source of Funds

 

2021/22 FY budge

$0

 

 

Total income available

* total income = $0

 

 

Total Project Cost

$60,000

Total Available Construction Funding

$0

Project Funding Shortfall

= $60k

 

It is worth noting that although there is no current budget allocation there may be potential to either apply for grants to undertake the transport and traffic study or consider alignment of the project with externally restricted reserve funds (i.e. developer contributions).

Legal /Policy

The sites proposed for the skatepark upgrade are detailed below:

Site

Lot/DP

Land status

Berrambool Sportsground

Lot 7/ DP 260899

Council owned community land

Ford Park, Merimbula

Lot 7006 / DP 1020051

Council managed Crown Land

Both sites are zoned RE1 Public Recreation under Bega Valley Local Environment Plan 2013 (BVLEP 2013).

Regulations regarding development of recreation facilities are often addressed under Division 12 of State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP). 

The upgrade of the skatepark is regarded as development permitted without consent under clause 65 of the Infrastructure SEPP, however there are still merit based environmental assessments that need to be undertaken.

It should be noted that should either the Ford Park sites be selected Native Title assessments would need to be undertaken to assess any potential Native Title impacts as well as giving consideration of the Aboriginal Land Claim over the site.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Relevant Community Strategic 2040 goals are:

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

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

The 2020/21 Operational Plan directs Council staff to “progress with concept planning and funding options for the Merimbula skatepark project”. 

There is no direction or project in the 2021/22 Operational Plan related to a Traffic and Transport Study for Ford Park / Fishpen

Asset Management

Council has an adopted Recreation Asset Management Plan 2017. This Plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans.

The existing skatepark at Berrambool Sportsground is included in the adopted Recreation Asset Management Plan. It does not meet user needs and is due for renewal. It has been identified there is a gap in provision of a ‘regional’ or ‘district’ skatepark in Merimbula. 

The skatepark project is directly related to renewal and upgrade of an existing asset. Council will decommission the existing Berrambool skatepark once the proposed upgrade is funded and its delivery is underway. 

Environment and Climate Change

The Berrambool site is subject to flooding. This will need to be a key design consideration if Berrambool is the preferred site.

Economic

The proposed development of an upgraded skatepark in Merimbula can benefit local businesses and tourism more broadly by adding another upgraded recreation facility at Merimbula. Considered design can also see the project link directly to the ‘accessible and inclusive tourism market’ in terms of use and spectating.

Risk

As has been noted previously there are differing views and opinions raised in the community on the preferred location of the Merimbula Skatepark project. There is a risk those in the community that preferred an alternate site to that selected will push back and seek mechanisms to have the decision of Council reviewed or overturned, which could cause delays in the project moving forward. Additionally, there is a risk that the community will expect the project will be delivered in a short period of time noting there is no identified funding source for its delivery.

Pros and Cons associated with each site have been identified in previous Council reports. Cons of both sites will need to be addressed to mitigate and reduce possible risk and negative impacts.

This report specifically relates to a flow on risk associated with possible increased traffic congestion at the Fords Park site.  There is a risk that the required changes that flow from a transport and traffic study are beyond the capacity of Council to resource and deliver.

Social / Cultural

There will be opportunity through the design development of the project to include reference to cultural heritage.  Either potential site for a skatepark has differing social and cultural impacts as outlined in previous reports.

Attachments

Nil

  

 


Council

30 June 2021

 

Staff Reports –  Governance And Strategy

 

30 June 2021

  

12.1            2021 Local Government Election and Councillor Induction............................. 478


Council 30 June 2021

Item 12.1

 

12.1. 2021 Local Government Election and Councillor Induction     

The next Local Government Election will be held on 4 September 2021. This report outlines the procedures for current Councillors and Council decision making in the lead up to the election; Council meeting dates for September 2021 to January 2022; and the Councillor induction and professional development program which will commence following declaration of the polls.

Director Business & Governance  

Officer’s Recommendation

1.    Note and adopt the ‘Local Government Elections (caretaker period provisions) procedure.

2.    Place the Local Government Elections (caretaker period provisions) procedure on the Council website.

3.    Note the Candidate Information Session to be held on 3 July 2021.

4.    Note the OLG Circular 21-12 “Electoral matter and use of council resources prior to local government elections”

4.    Note and accept the project plan for the Local Government Election and Councillor Induction Program.Note and adopt the dates proposed for Councillor induction and Council meetings for the period September 2021 through to January 2022. With meeting dates resolved as:

·         Wednesday 22 September: 2.00pm Extraordinary Meeting – Mayoral Election; Councillor Oath/Affirmations

·         Wednesday 6 October: 2.00pm Ordinary Meeting

·         Wednesday 20 October: 2.00pm Ordinary Meeting

·         Wednesday 10 November: 2.00pm Ordinary Meeting

·         Wednesday 1 December: 2.00pm Ordinary Meeting

·         Wednesday 15 December: 2.00pm Ordinary Meeting

.

 

Executive Summary

This report provides a brief overview of the planning underway for the Local Government Election in September 2021.  The report also provides background information about the caretaker period leading up to the election and the induction and training program for newly elected and/or re-elected Councillors.  Specific information regarding the caretaker period and the election and induction program is provided in the attachments to this report.

Background

In January 2021, Council resolved to outsource the coordination of the 2021 Local Government Election to the NSW Electoral Commission (NSWEC).  Council also resolved to conduct a referendum about voting for a popularly elected Mayor commencing in 2024 Local Government Elections.

Local Government Elections

To facilitate the planning and delivery of the election, Council developed the ‘Local Government Election and Councillor Induction Program’ attached to this business paper.  The plan contains information on the key stakeholders engaged in the election, milestones and deadlines associated with the election, as well as action items required for the councillor induction and training program.

All information about the election can be accessed via Council’s website by visiting our ‘Local Government Elections 2021’ page.  The details included on this page are linked directly to the NSW Electoral Commission website and provides:

·    Key election dates;

·    The nomination process;

·    The roles and responsibilities of an elected official in local government;

·    Polling and pre-polling venues and dates;

·    Postal voting;

·    Requests to be included on the non-residential role;

Council will be hosting a candidate information session for prospective councillors.  This event will be held at the Bega Commemorative Civic Centre on Saturday 3 July 2021.  More information about the candidate session can be found by visiting the ‘Information sessions for potential candidates’ page.

Nominations for the election open on Monday 26 July 2021 and close on Wednesday 4 August 2021.  All nominations must be received by the nominated Returning Officer being engaged by the NSW Electoral Commission.  The Returning Officer will be located at 31 Parker Street Bega, NSW, 2550.

Use of Council Resources Prior to Local Government Elections

The Office of Local Government issued a Circular on 11 June 2021 (attached) to provide direction regarding use of council resources prior to local government elections. Broadly, the circular notes provisions that will ensure:

·    Council officials must not use council resources, property (including intellectual property), and facilities for the purposes of assisting their election campaign or the election campaign of others unless the use is lawfully authorised and proper payment is made where appropriate.

·    In the 40 days preceding the election, councils need to consider whether their publications could amount to an “electoral matter”

What this means for Council is:

·    Council officials must use council resources lawfully, ethically, effectively and carefully keeping in mind the council’s code of conduct and other policies such as the policy on the payment of expenses and the provision of facilities to mayors and councillors.

·    “Electoral matter” is defined under clause 356A of the Local Government (General) Regulation 2005, and broadly includes any matter that is intended or likely to affect voting in an election. The name, photograph and likeness of a candidate fall within the definition of “electoral matter”.

·    Council publications that promote the achievements of the council may also potentially fall within the definition of “electoral matter”.

These requirements have been included in the attached procedures.

 

 

Caretaker Period

From the period in which nominations close on 4 August 2021 through until the election on 4 September 2021, the currently elected Councillors will enter a caretaker period. The ‘Local Government Election (caretaker provisions’) procedure attached to this report specifies the roles and responsibilities of the currently elected Councillors during this period.

Council meeting days and induction dates

One of the first activities the newly elected Councillors will be required to do, is provide feedback on preferred days and times for meetings and workshops. This will then be considered by Council in relation to making appropriate amendments to the Code of Meeting Practice. If changes are proposed, the Code of Meeting Practice will be required to be publicly advertised for 28 days and submissions received for 42 days. Meeting dates are currently 2.00pm on every third Wednesday and to allow for any proposed change to  the current Code of Meeting Practice and the timeframe it is appropriate to adopt dates through until December 2021 when any proposed changes would be formally resolved and meeting dates and times for the period commencing January 2022 would be resolved.

The dates proposed for meetings until December 2021:

Meeting Dates

Wednesday 22 September: 2.00pm Extraordinary Meeting – Mayoral Election; Councillor Oath/Affirmation

Wednesday 6 October: 2.00pm Ordinary Meeting

Wednesday 20 October: 2.00pm Ordinary Meeting

Wednesday 10 November: 2.00pm Ordinary Meeting

Wednesday 1 December: 2.00pm Ordinary Meeting

Wednesday 15 December: 2.00pm Ordinary Meeting

 

Councillor Induction Program

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 183

Induction training courses for councillors

183 Induction training courses for councillors

(1) The general manager must ensure that an induction training course is delivered to each councillor who has been elected to the council for the first time, within 6 months of the councillor's election.

(2) The induction training course required by subclause (1) must provide councillors with information about the functions and obligations of councils and councillors and the administrative procedures and operations of the council.

(3) The general manager must ensure that an induction refresher course is delivered to each councillor who is re-elected to the council, within 6 months of the councillor's re-election.

(4) The induction refresher course required by subclause (3) must provide councillors with updated information about the functions and obligations of councils and councillors and the administrative procedures and operations of the council.

(5) A councillor must make all reasonable efforts to participate in any induction training course or induction refresher course delivered to the councillor in accordance with a requirement under this clause.

It is anticipated that Council will receive official declaration of the polls by 11 September 2021.  From that point, the Acting Chief Executive Officer (CEO) will contact the successful candidates and provide an outline of the onboarding and induction process.

The official onboarding of the elected Council will commence on 15 September 2021; with a nine-month induction and training program being delivered.   The ‘Local Government Election and Councillor Induction Program’ attached to this report provides details for the first four months of the program.

Options

No options are being presented or recommended as part of this report and its associated attachments.

Community and Stakeholder Engagement

Engagement undertaken

In preparation for the 2021 election, Council engaged with relevant stakeholders; particularly the NSW Electoral Commission (NSWEC), the Office of Local Government (OLG) and representatives from Eurobodalla Shire Council (ESC). 

The purpose of the engagement has been to collaborate on election planning and to inform the community, currently elected councillors, prospective councillors, and council officers about the election and induction processes.

To facilitate the sharing of information to the public, Council has established a page on its website.  The content linked directly to the NSWEC and can be accessed by visiting the ‘Local Government Elections 2021’ page.

Engagement planned

Council officers will be hosting a candidate information session, which is scheduled for Saturday 3 July 2021.  The event will provide prospective candidates information about the NSW Model Code of Conduct for NSW Councils, the roles and responsibilities of a Councillor, as well as shared experiences of various guest speakers who have previously served as councillors and/or mayors.

Financial and Resource Considerations

The 2021 Local Government Election has been outsourced to the NSW Electoral Commission (NSWEC) and is budgeted in the FY2022 financial year.  The election is funded by general fund revenue.

The induction and training plan is identified as a key action and item in Council’s Operational Plan and budget. 

Item

$ Excl GST

Expenditure Detail

 

Local Government Election contract with NSWEC

~$335,145.00

Constitutional Referendum

~$33,514.50

Candidate Information Session

$3,000.00

Governance in Local Government Training

$10,000.00

Total Expenditure

~$381,659.50

 

 

Source of Funds

 

FY2022 Budget (General Fund)

Project – Council Elections

Legal /Policy

The items listed below have been provided as reference points for this report, and have been used to inform the Local Government Elections (caretaker provisions) procedures, and the Local Government Election and Induction Program:

·    Local Government Act 1993

·    Local Government (General) Regulations

·    Bega Valley Shire Council Code of Conduct

·    Code of Conduct Administration

·    Code of Meeting Practice

·    Access to Information policy and associated procedures

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The content of this report and the documents attached herein relate specifically to the following items within Council’s Community Strategic Plan (CSP) and the adopted Delivery and Operational Plans:

·    Community Strategic Plan – Goal 11
We are an informed and engaged community with a transparent, consultative and responsive Council.

·    Delivery Plan Operational Plan

6.11.4 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 and climate change considerations related to this report and its attachments.

Economic

There are no economic considerations pertaining to this report and its attachments.

Risk

Non-compliance of provisions within the Local Government Act 1993, the Local Government (General) Regulations, as well as the Local Government Elections (caretaker provisions) procedure would present a risk to Council from a legal and reputational perspective.

The project plan and adoption of the caretaker procedures as well as the election and councillor induction program attached to this report mitigates these risks.

Social / Cultural

The planning, preparation and hosting of local government elections is a democratic process and will have social impacts on the Bega Valley Shire community.  The implementation of the Local Government Election and Councillor Induction program attached to this report will help manage ensure a smooth election and onboarding process by providing timely, accurate, and relevant information. Our focus is to encourage community engagement and ensure compliance with the provisions of the Local Government Act and associated Council policies and procedures.

If you are passionate about what happens in your local community becoming a councillor is an exciting opportunity to make a difference and to represent the interests of residents. The communities served by councils are diverse, and this should be reflected in the people elected.

 

Attachments

1.         OLG Circular to Councils 21-12 Electoral matter and use of council resources prior to local government elections

2.         DRAFT Procedure 6.01.3 Election Caretaker Period

3.         Extract of Project Plan Local Government Election and Councilor Induction

 


Council

30 June 2021

Item 12.1 - Attachment 1

OLG Circular to Councils 21-12 Electoral matter and use of council resources prior to local government elections

 

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Council

30 June 2021

Item 12.1 - Attachment 2

DRAFT Procedure 6.01.3 Election Caretaker Period

 

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Council

30 June 2021

Item 12.1 - Attachment 3

Extract of Project Plan Local Government Election and Councilor Induction

 

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Council

30 June 2021

 

Staff Reports –  Finance

 

30 June 2021

 

13.1            Certificate of Investment - May 2021............................................................... 503

13.2            Adoption of 2021-2022 Operational Plan and Budget..................................... 508

13.3            Making of the rates and charges for 2021-2022............................................... 736

13.4            Adoption of Fees and Charges 2021-2022........................................................ 759

13.5            Request for Council to act as a guarantor on a loan for the purposes of extending the Eden Killer Whale Museum building.......................................................................... 838


Council 30 June 2021

Item 13.1

 

13.1. Certificate of Investment - May 2021     

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

 

Director Business & Governance  

Officer’s Recommendation

1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 May 2021.

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

 

Executive Summary

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

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

Background

Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council monthly, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

This report is presented to the June meeting due to a conflict in timing for end-of-month and the Council meeting cycle.

In accordance with the recommendations made by the Office of Local Government (OLG) Investment Policy Guidelines published in June 2010, the monthly Investments Reports are attached to the Council cash and investment report. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council meeting agenda for the relevant meeting.

 

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

Not applicable.

Financial and Resource Considerations

A list of Councils cash and Investments at 31 May 2021 is detailed below.

Council’s revised interest income budget is $1,066,350, income earned to date is $541,424 (49%). Council will need to reduce its expected interest income to approximately $700,000.

Councils current investment performance currently exceeds the RBA 3 monthly deposit average for the May 2021 of 0.03%

 

The investments can be broken down into the following Funds:

Table 1: Investments by Fund $’000

Fund

Mar-2021

April-2021

May-2021

General Fund

20,776

16,643

15,804

Water Fund

23,969

22,909

22,981

Sewer Fund

42,195

41,929

42,891

TOTAL

86,940

81,481

81,676

 

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

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

Table 2: Investments by Restriction 

Source of Funds

Value

Total cash and Investments

$81,675,687   

External Restrictions as at March QBRS

$59,503,747

Internal Restrictions as at March QBRS

$6,663,461

Unrestricted funds

$15,508,479

Legal /Policy

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

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

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

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

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

6:                  Strong, Consultative Leadership

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

6.12.5:        Improve the provision of corporate financial services

Environment and Climate Change

TCorp has provided BVSC with their Investment Stewardship Policy (attached to the report to Council report on 31 January 2018).

In order to deliver the best long-term risk adjusted returns for clients, TCorp integrates environmental, social and governance (ESG) factors into the investment processes of the appointed investment managers. TCorp will evaluate the ESG policies and practices of its investment managers as part of the manager selection process, as well as during periodic manager reviews.

Economic

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


 

Risk

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

Social / Cultural

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

Attachments

Nil

 


Council 30 June 2021

Item 13.2

 

13.2. Adoption of 2021-2022 Operational Plan and Budget       

The Draft Bega Valley Shire Delivery Program 2017 – 2022 and Operational Plan 2021 – 2022 including the budget have been publicly exhibited in accordance with the legislative requirements of the Local Government Act 1993 and are recommended for adoption.

Director Business & Governance  

Officer’s Recommendation

1.      That Council note the submissions received and the summary of submissions with Council Officer responses included at Attachment 1.

2.     That Council adopt the Bega Valley Shire Delivery Program 2017 – 2022, Operational Plan 2021-2022 including the budget and revenue policy included at Attachment 2.

3.     That Council officers advise those that made submissions during public exhibition period of Council’s decision.

4.      That Council resolve the annual fee payable to Councillors, paid pro-rata monthly in arrears, from 1 July 2021 to 30 June 2022 will be $20,690

5.     That Council resolve the annual fee payable to the Mayor, paid pro-rata monthly in arrears, from 1 July 2021 to 30 June 2022 will be $45,140

6.     That the Community Project Proposals recently received be supported as follows:

         (6i) proposal for Pambula Aquatic Centre Squash Court additional fit out is given in principle support by Council, subject to compliance with relevant standards and any required approvals and external funding.

        (6ii) proposal for Cobargo Skate Park ambulant toilet is not supported by Council, noting the effort of the submission by the applicant.

        (6iii) proposal for Merimbula Ford Park Clubhouse Renewal and Upgrade - Project development, concept planning and approvals is given in principle support by Council with final concept plan to be reported to Council.

         (6iv) proposal for the Columbine Park Bega kitchen community garden extension is given in principle support by Council and is dependent on external grant funding.

 

Executive Summary

Council has been provided with all submissions that were made concerning the Draft Revised Delivery Program 2017 – 2022 and Operational Plan 2021-2022 including the budget. Eight external submissions and two Councillor submissions were received during the exhibition period. Several internal adjustments are also recommended. Copies of all submissions along with a summary of submissions and Council Officer responses are included in Attachment 1.

It is appropriate for Council to adopt the amended Revised Bega Valley Shire Delivery Program 2017 – 2022 and Operational Plan 2021-2022 and budget in accordance with Sections 403, 404 and 405 of the Local Government Act 1993. Attachment 2 to this report is the Final Delivery Program 2017 – 2022 and Operational Plan 2021-2022 recommended for adoption at this Council meeting.

Councillor Remuneration

Council is required to adopt an annual fee payable to all Councillors and the Mayor for the 2021-2022 financial year. On 12 May 2021, the Local Government Remuneration Tribunal issued the determination for fees commencing 1 July 2021, allowing an increase of 2%. The budget placed on exhibition had included the Councillor and Mayoral rates from FY2021 and not factored in the increase. Council officers have recommended that the rates for the 2021-2022 budget be as per the table provided by the Tribunal (outlined below in this report) including the 2% increase.

Community Project Proposals

At the Council meeting on 12 May 2021 Council resolved that Community Project Proposals (CPP) for major projects are to be considered and included within the development and consultation of the Operational Plan. This enables Council to consider the resource requirements of proposed major projects in conjunction with other planned and programmed works. Recommendations related to four CPP’s are included in this report.

 

Background

In accordance with the Integrated Planning and Reporting (IPR) Framework, Council

prepared a draft Delivery Program 2017-2022 and draft Operational Plan 2021-2022. The combined document includes the 2021-2022 budget, capital program and revenue policy. Council had resolved on 12 May 2021 for its IPR documents, including the Draft Fees and Charges 2021-2022, to be placed on public exhibition for 28 days.

 

On 12 May 2021, Council resolved:

1.   That the draft revised Delivery Program 2017-2022, the draft Operational Plan 2021-2022, including Council’s Budget and Revenue Policy, and the draft Fees and Charges 2021-2022 be placed on public exhibition for 28 days.

2.   Following public exhibition, a further report be provided to Council for consideration of submissions and adoption of the Delivery Program-2017-2022 and Operational Plan 2021-2022 at the Council meeting on 16 June 2021.

3.   That Council note Procedure 6.06.6 Statement of Pricing has been revoked and provisions will be reviewed annually within the Revenue Policy.

 

 

Revised Delivery Program 2017-2022

The Delivery Program 2017 – 2022 and Operational Plan 2021-2022 outlines what Council will do in the medium term to deliver services, projects, capital works and asset maintenance.

The Delivery Program 2017-2021 was originally adopted in June 2017 and has been revised since this time to reflect changes in our organisations structure, legislation changes, fire and flood recovery activities, an increase in external funding opportunities and COVID-19 impacts.

As a result of the impacts of COVID-19 the Local Government elections planned for 2020 were delayed and are scheduled to be held in September 2021. The Office of Local Government advised that Councils were to extend their existing Delivery Programs for a fifth year to cover the extended terms of their elected Council. Councillors and Council officers have continued to review the Delivery Program and make necessary adjustments to ensure we deliver our core business and respond as needed to support the recovery and rebuilding from the Black Summer Bushfires and multiple floods along with the COVID-19 pandemic.

Operational Plan 2021-2022

The Operational Plan 2021-2022 outlines what Council will do next financial year to meet the needs of the community, within the available funding sources. The Operational Plan is divided into the service areas of Council. Each service area has identified the core business and key projects they will deliver, with the budget and staffing levels they have. The Delivery Program 2017-2022 actions are listed in each service area and are connected to the key Operational Plan projects for 2021-2022.

External Submissions
Eight external submissions and two Councillor submissions were received during the exhibition period. The full submissions and Council Officer responses are included in Attachment 1.

Internal Adjustments
A range of non-financial adjustments to the Operational Plan are outlined in Attachment 1. The internal adjustments largely relate to the removal or adjustment of existing Operational Plan activities Council Officers have advised are not achievable given current context and budget constraints.

 

Budget

The goal for the 2021-2022 budget was to present a balanced consolidated position and this was achieved for the budget that was placed on public exhibition. Presenting a balanced consolidated position was incredibly challenging given our limited capacity to increase income and the numerous external cost increases we must absorb. The costs for maintaining our growing asset base and meeting community expectations continue to increase as well as construction cost increases outstripping the rate peg. The budget placed on exhibition recommended significant reductions across operational expenses.

Since the draft 2021-2022 budget was placed on exhibition there have been several amendments resulting in a consolidated position that is now a $1.572m deficit as highlighted in the below key results below.

 

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The key items impacting this position change from a $969k positive consolidated position in the budget placed on exhibition to the $1.572m deficit position relate to:

 

·    Prepayment of the Federal Assistance Grant (FAG). The Federal Government has made an early payment of the FAG which provides a significant timing issue for Council as revenue predicted for FY2022 is received in FY2021. This will impact our cash position in FY2021 and reduce our predicted income budgeted for in FY2022. The FAG funding received in this financial year will be held in reserve. The impact of this is reflected in the changes in the General Fund position.

·    Reinstatement of the pay increment opportunity connected to Council employees’ performance evaluation process across all funds.

·    Inclusion of the constitutional referendum costs and increases in Councillor remuneration in-line with recommendation in this report reflected in the General Fund position.

·    Reduction in the budgeted operating expense to accurately reflect the Emergency Services Levy amount following announcement by the State Government of continued support for the 2022 year again reflected in changes in the General Fund.

·    Adjustments to salaries across a range of cost centres to reflect staffing changes planned for FY22.

·    Adjustments as a result of clarification or awarding of grants including Regional Illegal Dumping grant, BCRRF Round 2 Community Connectors and Youth Resilience Project grants.

·    Reduction in operating costs for externally funded programs including Brighter Futures and NDIS to balance income and expenditure.

·    Mumbulla Foundation funding added back into budget as per MOU.

·    Reinstatement of expenditure related to agreed funding for the Eden Wharf project where income was allocated and the expenditure had not been included.

·    Adjustments made to fund hazard reduction works in the Parks and Gardens budget.

·    Adjustments to the Waste Services budget where it was identified that casual wage allocations had been omitted from the draft budget which are essential for servicing of our waste sites. In addition, Council has recently received advice that a funding application to offset already expended funds for fire waste disposal sites that were not ultimately used has been endorsed by the NSW Government. This income has not been budgeted and will be additional operating income for the 2020/21 year which will further offset the projected increased operating deficit in the 2021/22 year from a budgeted cash position.

·    Adjustments to the Water and Sewer budget with the two main changes being inclusion of a project to do assessment across all water and sewer sites to reduce the need for individual assessments each time a project or works is required to be undertaken into the future and inclusion of operating costs for the temporary water treatment plant at Brogo which is still expected to be required to operate for much of the financial year until the permanent plant is commissioned.

·    Adjustments to the capital program with a revised capital program totalling $88.6m. The significant changes to the capital program relate to:

-      adding in the Candelo Hall repairs to external drainage funded through the Crown Reserves Improvement Fund

-      removal of the RFS - Bermagui upgrade and RFS - Towamba extension as these are projects for FY21

-      increasing the grant funding amount for Eden Inclusive Playspace

-      removal of $20k for Merimbula Skatepark renewals

-      increases to grant funding amounts for Camel Rock and Horseshoe Bay viewing platform renewal projects as per the funding deeds

-      adding in the DRFA funded Cobargo Public Toilet project

-      adding in $55k for the sculpture at the ALDI site in Merimbula funded from reserves

-      a range of adjustments related to the road network including correcting funding source errors and bringing in grant income not previously included

-      inclusion of a range of school crossing upgrade projects additional reserve

-      adding in Project Development Services capital works admin expenditure

-      as outlined above reduction in waste capital works.

 

Revenue Policy

With respect to the Revenue Policy one external submission and one internal submission were received. A separate report is provided to Council at this meeting regarding Making of Rates and Charges which outlines the submissions and Council officer’s response and recommendations.

 

Councillor Remuneration

Each year the Local Government Remuneration Tribunal (LGRT) determines the range of fees payable to Councillors and Mayors in New South Wales. Included in the Determination is the minimum and maximum fees payable for each category of council. 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 2021-2022 financial year, effective from 1 July 2021. The Local Government Remuneration Tribunal Annual Report and Determination is available at Attachment 3.

The Tribunal found the allocation of Councils into the current categories appropriate, and the 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.

The maximum annual fee payable to each Councillor (including the Mayor) proposed for Councillor fees in the 2021-2022 financial year is $20,690 with an additional amount of $45,140 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 Procedure 6.02.4 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 funding to meet these payments are provided for in the draft 2021-2022 Budget.

For the 2021-2022 financial year, the Tribunal has set the minimum and maximum remuneration amounts for a Regional Rural classification outlined in the table below:

 

Council’s practice has been to retain Councillor and Mayoral fees at the current rate. The financial information relating to current budgets is as follows:

Description

FY2022 budget exhibited $

2% increase

(LGRT)

FY2021

(Q3 Adopted) $

Annual difference $

Elected Members Fees

182,520

186,210

158,556

27,644

Mayoral Fee

44,250

45,140

41,090

4,050

Total

226,770

231,350

199,646

31,694

 

The ‘annual difference $’ column in the table above shows the impact of annual costs at the current rate and the maximum rate of the determination for financial year 2022. It is also noted that this resolution impacts the fees paid to the incoming council members commencing in September 2021.

 

Community Project Proposals

As part of the consideration of the Community Project Proposals (CPP) in developing this year’s Operational Plan, major projects are projects that are complex, create new asset/s, will result in changed use or amenity, and/or will require resourcing and support from Council, and/or contain barriers for delivery such as planning requirements and approvals (REF, AHIPS, permits, native title and due diligence assessments) that will result in notable additional ongoing operations and maintenance. Some recent examples of major projects that have developed from community project proposals include Merimbula basketball/netball courts upgrade, Merimbula Lake Street Walk, Tathra Headland Walk, and Evans Park (Kalaru) amenity block and playground and Cobargo BMX pump track.

Council is ultimately responsible for all works and assets located on Council managed land including compliance; maintenance; upkeep; and safety. Regardless of the project size, all works proposed for BVSC managed land need to be considered in the context of available funding, procurement, risk management, work health and safety, environmental considerations, approvals, compliance, and ongoing maintenance and renewal. It is also important to consider how the proposed projects can link and add value to other planned Council works. It is understood that some projects can initially seem to have merit and have high levels of interest from the applicant, however on assessment of resourcing, costs ongoing asset management and levels of use it is recommended by Council officers that those projects are not supported or prioritised by Council.

CPPs received are reviewed and assessed by Council officers including comments and recommendations. The assessment provides a rating against the following project items:

•    Asset Renewal. Is it renewing an existing asset or an upgrade? Is the work linking to a              required renewal from asset register?

•    Provision/Use/Value. Is the project relevant to current community needs? Will the facilities be well used? Will the community be getting good value? Is the opportunity cost to other projects and groups fair and acceptable?

•    Links to other plans and works. Are the works linked to adopted Strategic Plans, Facility Management Plans or asset renewals or planned maintenance programs?

•    Project Scale. How large is the project?

•    Project Approval Complexity. Will the project require Environmental and Heritage approvals? Cultural Heritage approvals? Crown Land approvals? Council Development Application approval?

•    Requested BVSC Funding. Are funds requested from Council? Are related funds allocated in budgets for asset renewals or maintenance? Is there good value in the funding level requested?

•    Likely BVSC Involvement. Is labour or material required to assist the project? Are resources such as grant submission assistance required? Is direction required in the approvals processes?

•    Ongoing Operations. What will be the cost to Council to maintain the asset?

Since the 12 May 2021 Council meeting, four (4) CPP for major projects have been received. The proposals are included at Attachment 4 along with the assessment sheet. A brief summary including Council officers comments is below:

Pambula Squash Courts - Additional Fit Out: Range of small to medium sized improvements to complete the internal fit out of the new squash complex at Pambula Beach.

Comments:  Items to improve the functionality and usability of the new multipurpose courts at Sapphire Aquatic Centre. No capital cost to Council. Condition to ensure compliance with relevant standards and required approvals.

Ambulant toilet Cobargo Skate Park "Somewhere to pee other than a tree": Construction and plumbing one ambulant toilet at Cobargo Skate Park

Comments: This project would be an additional new public toilet asset in Cobargo. Public amenities are high operational cost assets.  Regarding public amenities in Cobargo Council resolved 27/01/2021 that 'Council dispose of the toilet block and playground and Chaz Izzards Park in Tathra to offset construction of a toilet block in Apex Park Cobargo and Playground at Evans Park in Kalaru'. Council's public toilet strategy has not prioritised a 3rd public toilet in Cobargo or identified a facility to be rationalised to enable construction and maintenance the additional public toilet.

Ford Park Clubhouse Renewal and Upgrade - Project development, concept planning and approvals: Project development, and approvals to renew and upgrade Ford Park Clubhouse Building and house to increase accessibility, storage capacity, change rooms and design improvements to meet current standards and user needs.

Comments: Project links to and supplements recently completed Ford Park Covered Courts. Multiple sports and community group beneficiaries. Existing aging asset renewal and upgrade. Project develops building concept design development and required planning approvals. Concept plan to be reported to Council for endorsement. Endorsed / approved project documents to be including to support future grant funding applications for construction and delivery.

Kitchen Community Garden at Columbine Park Bega: Extension of kitchen community garden to include citrus and fruit trees and native garden wind break. Installation of compost bays and garden shed and tool storage. 

Comments: Extension of existing community garden facilities increasing local community use of this area. External funding opportunities to be explored including Mission Australia, Royal Botanical Gardens.

 

Options

Council has a range of options when considering the recommendations included in this report.

Council is legislatively required to have its Operational Plan and budget adopted by 30 June each year.

Councillor Remuneration

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

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2022 and Operational Plan 2021 –

2022 including the budget and revenue policy along with the draft Fees and Charges 2021 –

2022 were placed on public exhibition from Wednesday 12 May to Tuesday 8 June 2021.

 

Engagement undertaken

The primary point of access to view the documents was through Council’s website. It is noted that when the file was loaded onto the website it was large and timing out when downloading. This issue was resolved and hard copies of the documents were also made available at all of Council’s libraries. 

A number of social media posts on Council’s Facebook page were shared to encourage the community to provide feedback. Information was also included in Council News produced during the exhibition period.

A media briefing was held prior to the IPR documents going on exhibition. This resulted in media coverage discussing Council’s financial position along with encouraging the community to be engaged in the feedback process.

Direct correspondence from the General Managers office was also shared via the Community Engagement team to Council’s volunteer network and members of the community directory. There were 223 recipients which represent all Community Organisations registered with BVSC on our Community Directory.

Engagement planned

The Revised Delivery Program 2017-2022 and Operational Plan 2021-2022 once adopted, will be published on Council’s website.

 

Financial and Resource Considerations

The draft Operational Plan includes a 2021-2022 budget summary which provides an overview of the total estimated income and expenditure for each of Council’s General, Waste, Water, and Sewer Funds as well as a breakdown of expenditure by Council service areas.

The focus in developing the LTFP and annual budgets is to ensure long term financial sustainability while ensuring the continued delivery of a broad range of services and capital works informed by Council’s underlying strategies.

A key financial objective when preparing the budget for next financial year was to achieve a balanced net operating result for all of Council (Consolidated Fund). Due largely to a timing issue in receiving the Financial Assistance Grants from the Federal Government the consolidated position recommended for adoption will be in deficit.

The General Fund and Water Fund forecast an operating deficit before capital grants and contributions. These are partly balanced by positive operating results before capital contributions in the Sewer and Waste Funds. Further work needs to be undertaken to further reduce Council’s operating deficits, particularly in the General Fund.

The use of cash and level of unrestricted cash reserves are closely managed to ensure Council remains in a strong position to meet its obligations when they fall due.

Councillor Remuneration

It is noted that Council has not adopted the last three years’ increases related to Councillor remuneration. The draft 2021-2022 budget placed on exhibition included the assumption that this practice would be continued and had rates set at $20,280 per Councillor and $44,250 for the additional Mayor fee. Given the impending Local Government elections it is recommended the full amount for the maximum annual fee is budgeted which results in a total cost to Council of $231,350 for 2021-2022.

It is to be noted that legislation has recently passed Parliament to introduce superannuation payments for Councillors in NSW under the Local Government Amendment Act 2021. This legislation provides the option for Councils to make superannuation payments to Mayors and Councillors on top of their annual fees from July 2022. The consideration for Councillor Superannuation will be a decision by resolution of the incoming Council and will need to be considered when preparing the 2022/23 budget.

Legal /Policy

Under the Local Government Act 1993, Council is required to develop and publicly exhibit documents in the Integrated Planning and Reporting Framework for a period of 28 days and consider submissions made to the Delivery program and Operational Plan prior to adoption.

Councillor Remuneration

The Tribunal is required to determine the remuneration categories of councils and mayoral offices at least once every 3 years under section 239 of the Local Government Act 1993 (the Act). The Tribunal last undertook a significant review of the categories as part of its 2020 review and will next review these categories in 2023. Sections 248 and 249 of the Local Government Act require councils to fix and pay an annual fee to Councillors and Mayors.

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The documents once exhibited and adopted guide the Council’s operations under the Integrated Planning and Reporting Framework.

Environment and Climate Change

Several of the Operational Plan projects listed support the implementation of Council’s recently adopted Climate Resilience Strategy including upgrading of our street lighting network and installation of solar panels on Council’s facilities.

Economic

As one of the Bega Valley Shire’s largest employers and consumers of a range of services, Council has a significant role to play in the local economy. It is acknowledged that adjustments in Council’s annual operating budgets has flow on effects to the local economy and this is considered as part of the budget development process. The budget for next financial year continues to see investment in resources that support our local economy as an employer, service provider and as a buyer of local works and services.

Risk

Council is required to plan for its future and manage its financial stability. Financial stability is defined in terms of Council's ability to facilitate and enhance economic processes, manage risks, and absorb shocks. Moreover, financial stability is considered a continuum: changeable over time and consistent with multiple combinations of the constituent elements of finance. The annual IPR and budget development process helps to provide transparency and accountability into the financial management and forward planning of Council.

Social / Cultural

The Operational Plan will have future social and cultural implications. The Operational Plan and budget for next financial year will impact Council officers and the community as we seek to move towards being financially sustainable in the long-term. Adopted budgets are then monitored throughout the year and any adjustments identified are requested through the Quarterly Budget Review process.

Attachments

1.         Attachment 1_ IPR Submissions Summary_June2021

2.         Attachment 2_21_22 Op Plan - FOR ADOPTION

3.         Attachment 3_Local Government Remuneration Tribunal - Annual report and determination 2021

4.         Attachment 4_Community Project Proposals June 2021 Assessment Sheet Proposals

 


Council

30 June 2021

Item 13.2 - Attachment 1

Attachment 1_ IPR Submissions Summary_June2021

 

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Council

30 June 2021

Item 13.2 - Attachment 2

Attachment 2_21_22 Op Plan - FOR ADOPTION

 

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Council

30 June 2021

Item 13.2 - Attachment 3

Attachment 3_Local Government Remuneration Tribunal - Annual report and determination 2021

 

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Council

30 June 2021

Item 13.2 - Attachment 4

Attachment 4_Community Project Proposals June 2021 Assessment Sheet Proposals

 

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Council 30 June 2021

Item 13.3

 

13.3. Making of the rates and charges for 2021-2022     

The Draft Bega Valley Shire Delivery Program 2017-2022 and Operational

Plan 2021-2022 including the Revenue Policy outlining the annual rates and charges for

the 2021-2022 financial year have been publicly exhibited in accordance with the

legislative requirements of the Local Government Act 1993 and are now presented and recommended for adoption.

General Manager  

Officer’s Recommendation

That the Revenue Policy (Attachment 1) be adopted as part of the Operational Plan 2021-2022.

That the following rates and charges be applied in accordance with Sections 534 and 535 of the Local Government Act 1993,  

1. General Rates:

•     to make a Base rate of $535.00 on each rateable parcel of land and an ad-valorem rate of 0.003173 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 (the LG Act) and;

•     to make a Base rate of $535.00 on each rateable parcel of land and an ad-valorem rate of 0.003173 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 515 of the LG Act and;

•     to make a Base rate of $535.00 on each rateable parcel of land and an ad-valorem rate of 0.006662 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 518 of the LG Act and;

•     to make a Base rate of $535.00 on each rateable parcel of land and an ad-valorem rate of 0.006662 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 517 of the LG Act and;

2. Stormwater Charge:

•     to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act.

3. Waste and Recycling Collection Charge:

•     in accordance with Section 496 and 501 of the Local Government Act 1993, that Council make waste management charges for 2021-2022:

 

 

 

4.Water supply services charges:

·    to make a water access base charge for all properties with a 20mm water connection of $251 and a water usage charge of $3.16 per kilolitre in accordance with Sections 501 and 502 of the LG Act and;

·    to make a water access charge for all properties with larger water connections based on increments of the base charge and;

•     to make a water access charge of $251 for all properties that are unconnected to a water supply system and able to connect and;

•     to make fifty-three (53) kilolitres per quarter free of charge for all registered patients using home dialysis machines or other certified medical treatments, subject to a medical certificate from the Southern NSW Local Health District.

5. Sewerage Services Charges

For all residential properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act, including each residential strata lot and each residential dwelling on a multi-dwelling lot:

·    to make a uniform residential sewerage charge of $1,271 for all properties connected to a sewerage system and;

·    to make a uniform residential sewerage charge of $635 for all properties that are unconnected to a sewerage system and able to connect.

 

For all non-residential properties categorised as business or mining in accordance with Sections 517 and 518, including strata and non-strata developments:

·    to make a uniform non-residential sewerage access base charge of $1,271 for all properties with a 20mm water connection that are connected to a sewerage system and;

·    to make a uniform non-residential sewerage access base charge of $635 for all properties that are unconnected to a sewerage system and able to connect and;

·    to make a non-residential sewerage assess charge for all properties with larger water connections based on increments of the base charge and;

·    to make non-residential sewerage bills based on multiplying a sewer discharge factor by both the non-residential sewerage access charge and by water usage multiplied by a water usage charge of $4.59 per kilolitre and;

·    to make sewer discharge factors based on guidance material provided by the NSW Government and;

·    to make changes to Sewer Discharge Factors in individual circumstances based on an assessment of water usage and discharge locations.

 

6. Liquid Trade Waste Charges

·    to make Liquid Trade Waste (LTW) charges pursuant to Section 501 of the LG Act and;

·    to make bills for Category 1 dischargers requiring nil or minimum pre-treatment as an annual fee and;

·    to make bills for Category 2 dischargers with prescribed pre-treatment as an annual fee plus the volume of LTW discharged multiplied by $1.86 a kilolitre and;

·    to make bills for Category 2S dischargers that transport and discharge human waste, or discharge from ship-to-shore pump-out facilities or dump-points, as an annual fee plus the volume of LTW discharged multiplied by $17.00 a kilolitre and; 

·    to make bills for Category 3 large and industrial dischargers as an annual fee plus excess mass charges and;

·    to make estimations of the volume of LTW discharged by multiplying water usage by LTW discharge factors based on guidance material provided by the NSW Government.

 

6. High Usage Charge:

·    to make a process for non-residential developers to reduce their upfront costs related to Section 64 developer contributions through paying high usage charges for water used and sewage discharged over Equivalent Tenement (ET) credit volumes established for the development and;

·    to make 1 ET for water 205 kL/y and 1 ET for sewer 190 kL/y of metered water use, based on the average annual household water usage and average annual household contribution to a sewerage system and;

·    to make the High Usage Charge for water $2.27/kL and $3.45 for sewer and;

·    to make bills for non-residential customers by adding the high usage charge to the base charge and applying the higher charge rates to volumes used/discharged over established credit volumes within the charging formulas for non-residential water and sewer usage.

 

7. Pension Claim:

In accordance with Section 575 of the LG Act, Council acknowledges that it must apply the following Pension concession’s to eligible properties, being owned and used as principle places of residence by eligible pension holders.

General Rates and Domestic Waste Services: $250.00

Water Supply Fund: $87.50

Sewerage Supply Fund: $87.50

8. Interest on Overdue Rates and Charges:

Council hereby resolves that in accordance with the provisions of Section 566(3) of the LG Act the interest rate to apply to all outstanding rates and charges for the period 1 July 2021 to 30 June 2022 be calculated at 6% per annum.

 

 

Executive Summary

The Operational Plan 2021-2022 placed on exhibition included Council’s annual Revenue Policy for 2021-2022 and detailed the proposed rates and charges for the 2022 financial year.

Council has been provided with all written submissions that were made concerning the

Operational Plan 2021-2022 including the Revenue Policy. One external submission and one internal submission were received regarding the Revenue Policy.

 

Background

In accordance with the Integrated Planning and Reporting (IPR) Framework, Council prepared a draft Operational Plan 2021 – 2022 including its Revenue Policy responding to the adopted Revised Delivery Program 2017-2022. Council resolved on 12 May 2021 for its IPR documents to be placed on public exhibition for 28 days.

 

On 12 May 2021 Council resolved:

 

1. That the draft revised Delivery Program 2017-2022, the draft Operational Plan 2021-2022, including Council’s Budget and Revenue Policy, and the draft Fees and Charges 2021-2022 be placed on public exhibition for 28 days.

 

2. Following public exhibition, a further report be provided to Council for consideration of submissions and adoption of the Delivery Program-2017-2022 and Operational Plan 2021-2022 at the Council meeting on 16 June 2021.

3. That Council note Procedure 6.06.6 Statement of Pricing has been revoked and provisions will be reviewed annually within the Revenue Policy.

Revenue Policy 2021 – 2022

In conjunction with the adoption of the Operational Plan for the 2021-2022 financial year,

Council is required to ‘make’ the Rates and Charges proposed in the Revenue Policy. The

Revenue Policy contains estimates of income and expenditure, rates, pricing methodology and borrowings for the 2021-2022 financial year.

 

Submissions

There was 1 external submission directly related to the Revenue Policy and making of rates and charges from the Bermagui Area Chamber of Commerce & Tourism regarding non-residential sewerage charges.

 

In response to this submission staff advise that this Operational Plan makes no significant change to the charging structure of the non-residential sewer charges as compared to the year before. The sewer charges provided in NSW Government’s Best Practice Management of Water Supply and Sewerage Guidelines 2007 is reinforced by the Liquid Trade Waste Management Guidelines 2021.  The BVSC method of charging non-residential sewer is in line with the recommendations of the guidelines. Council have engaged a community consultation consultant who will be specifically targeting business feedback on our services with a particular focus on non-residential sewer charging structure and the options available within our regulators charging requirements.

 

There was 1 internal submission related to the Revenue Policy which included adding in two extra rating codes for Commercial FOGO collection services and correcting a formatting error related to FOGO pricing.  On Pg 128-131 of the Revenue Policy there was an error in the amounts allocated for commercial FOGO collection services for 140L and 240L bins with prices for commercial FOGO collection services for 140L to be $83 and 240L bins to be $98.

 

Staff are recommending adding an additional two rating codes to provide greater flexibility in FOGO collection services for commercial clients. The details of the new codes are listed below.

 

During the exhibition period Council officers also updated the Supply Charges- High Consumption section to make clearer to understand. Council officers also made other minor formatting amendments to the Revenue Policy to provide greater clarity.

 

Rates

The annual Ordinary Rates are per the rate peg for 2021-2022 set at 2%.

 

Below is the Rating Model 2021-2022 that was exhibited in the Revenue Policy. In accordance with Sections 493, 494 and 537 of the Local Government Act 1993, it is recommended Council makes the below ordinary rates for 2021-2022:

 

 

Interest Charges on Overdue Rates and Charges

The NSW Office of Local Government issued a Circular to Councils No 21-04 on 16 April 2021.

The Circular determined, in accordance with section 566 of the Local Government Act 1993,

the maximum rate of interest payable on overdue rates and charges for the period 1 July 2021

to 30 June 2022 will be 6.0%.

 

Transfer of Rates

It is noted that included in this year’s Revenue Policy is an updated position regarding transfer of rates. Currently we levy all rates and charges on all rateable properties, as at 1 July each year. When the Revenue team receive a registration of a subdivision DP (Deposited Plan) or SP (Strata Plan), staff remove the service levies/charges from the parent property and transfer these levies/charges to each child lot as at the date of registration of the DP/SP. Rates however, remain on the parent property for the remainder of the financial year. Rates are raised on the child lots as at 1 July in the following financial year.

Commencing 1 July 2021, Council will undertake rating on a pro-rata basis when a registration of a subdivision DP (Deposited Plan) or SP (Strata Plan) is received. By raising pro-rata rates and charges, commencing from the next quarter (1 October, 1 January, 1 April or 1 July) after the DP/SP registration date, we are ensuring the appropriate rates and charges are applied to each property.

 

Exempt Land

The Local Government Amendment Bill 2021 assented on 24 May 2021 outlined amendments to be made to Sections 555 to 558 (Chapter 15, Part 6- What land is rateable) of the Local Government Act 1993 that determine the exemptions that must be and some that may be applied for land rates and water and sewer access charges.

Section 558 of the Local Government Act 1993 outlines the exemptions that may be applied by a Council. A further report will be provided to recommend options moving forward on the more discretionary applications of these exemptions. Staff will also undertake a review of any historical exemptions that may have been applied that are no longer relevant.

Options

Council has a range of options when considering the recommendations included in this report. Delaying the adoption of the Revenue Policy will have future impacts. Council is legislatively required to have its Operational Plan, budget and Revenue Policy adopted by 30 June each year.

Community and Stakeholder Engagement

Engagement undertaken

The Draft Bega Valley Shire Delivery Program 2017 – 2022, Operational Plan 2021 –2022 including the Revenue Policy and, draft Fees and Charges 2021 – 2022 were placed on public exhibition from Wednesday 12 May 2021 to Tuesday 8 June 2021.

The primary point of access to view the documents was through Council’s website. It is noted that when the file was loaded onto the website it was large and timing out when downloading. This issue was resolved, and hard copies of the documents were also made available at all of Council’s libraries.  A number of social media posts on Council’s Facebook page were shared to encourage the community to provide feedback. Information was also included in Council News produced during the exhibition period.

A media briefing was held prior to the IPR documents going on exhibition. This resulted in media coverage discussing Council’s financial position along with encouraging the community to be engaged in the feedback process.

Direct correspondence from the General Managers office was also shared via the Community Engagement team to Council’s volunteer network and members of the community directory.

Engagement planned

The Revised Delivery Program 2017-2022 and Operational Plan 2021-2022 including the Revenue Policy once adopted, will be published on Councils website.

 

Financial and Resource Considerations

The rates and charges set out in the Revenue Policy are designed to provide the net source of funds after allowing for loans, contributions and government grants for the programs and initiatives identified in the 2021-2022 Operational Plan.

Council’s rates and charges are reviewed on an annual basis prior to finalisation of Council’s annual operating budget. In general, Council follows a cost-recovery philosophy towards the provision of services.

Council’s pricing will:

·    explore cost recovery opportunities

·    pursue value for money by providing effective and efficient service

·    balance rates and grants against other funding sources

·    manage financial risk in a volatile climate

·    ensure that debt financing is limited to works of a capital nature and that the total debt is limited to ensure long-term financial stability

·    be structured so that it can be administered simply and cheaply and be understood by the public

·    consider real life-cycle and environmental costs

·    consider that the price applied can encourage or discourage consumer use and behaviours.

Legal /Policy

Under the Local Government Act 1993, Council is required to develop and publicly exhibit documents in the IPR framework for a period of 28 days and consider submissions made to the Operational Plan including the Revenue policy prior to adoption.

 

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Revenue Policy, once adopted, guides Council’s revenue operations and allows rates and charges to be levied as advertised.

The Revenue Policy is a key element of the annual Operational Plan which is developed under the Integrated Planning and Reporting Framework.

Environment and Climate Change

Council’s charging philosophy outlined in the Revenue Policy considers real-life cycle and environmental costs. Several of the charges outlined in the Revenue Policy relate to the provision of water, sewer and waste services which are fundamentally connected to the provision of a clean and sustainable community.

Economic

It is acknowledged that adjustments in Council’s annual rates and charges has flow on effects to the local community and this is considered as part of the setting of the rates and charges each year. Council follows a cost-recovery philosophy towards the provision of services. It recognises people’s ability to pay and balances an expectation that some services will be cross subsidised from rates for the common good of the community.

Risk

Council is required to plan for its future and manage its financial stability. Financial stability is defined in terms of Council's ability to facilitate and enhance economic processes, manage risks, and absorb shocks. Moreover, financial stability is considered a continuum: changeable over time and consistent with multiple combinations of the constituent elements of finance. The annual IPR and budget development process helps to provide transparency and accountability into the financial management and forward planning of Council in a way that mitigates strategic and operational risks.

Social / Cultural

The Operational Plan including the Revenue Policy will have future social and cultural implications. As Council seeks to move towards being financially sustainable in the long-term a more detailed review of revenue sources is required. Currently there are a range of exemptions in place, some are statutory requirements and others are optional. It is recommended that a subsequent report to Council be provided to recommend options that will review and progress the discretionary applications of exemptions. Staff will also undertake a review of any historical exemptions that may have been applied that are no longer relevant.  

 

Attachments

1.         Attachment 1- FY22 Revenue Policy.pdf

 


Council

30 June 2021

Item 13.3 - Attachment 1

Attachment 1- FY22 Revenue Policy.pdf

 

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Council 30 June 2021

Item 13.4

 

13.4. Adoption of Fees and Charges 2021-2022     

The draft 2021-2022 Fees and Charges have been publicly exhibited in accordance with requirements of the Local Government Act 1993 and are recommended for adoption.

Director Business & Governance  

Officer’s Recommendation

1.    That Council make each fee and charge for 2021-2022 in accordance with the exhibited Draft Fees and Charges subject to the changes outlined in Attachment 1 to this report.

2.    That the 2021-2022 Fees and Charges once adopted come into effect commencing 1 July        2021.

 

Executive Summary

In accordance with Section 608 of the Local Government Act 1993, Council is required to adopt the Fees and Changes for 2021-2022 which will commence from 1 July 2021.

There was 1 external submission relating to the exhibited Fees and Charges 2021 – 2022. Several internal amendments to the draft Fees and Charges are proposed. Staff recommendations including a rationale for each amendment, is summarised in Attachment 1.  Attachment 2 is the revised Fees and Charges document for 2021-2022 recommended for adoption incorporating the amendments outlined in Attachment 1.

Background

Council determines fees and charges for a range of services such as: planning and building; library; children’s services; and facility usage. The fees and charges proposed for these services and facilities for the 2021-2022 year are detailed in the Draft Fees and Charges document and are aligned to Council’s pricing policy outlined on Page 10 of the document.

All Council’s fees and charges are reviewed on an annual basis prior to finalisation of Council’s budget.  Fees and charges in general (not including statutory fees or fees set by management committees) will be increased generally by the Consumer Price Index (CPI). Any fees and charges relief previously provided in connection with COVID will be rescinded.

At its meeting on Wednesday 12th May 2021, Council resolved to place the Draft Revised Delivery Program 2017 – 2022 and Operational Plan 2021-2022, along with the Draft 2021-2022 Fees and Charges on public exhibition for 28 days in accordance with Section 404 and 405 of the Local Government Act 1993. The exhibition period covered the period from Wednesday 12 May 2020 to Tuesday 8 June 2020.

On 12 May 2021, Council resolved:

1.   That the draft revised Delivery Program 2017-2022, the draft Operational Plan 2021-2022, including Council’s Budget and Revenue Policy, and the draft Fees and Charges 2021-2022 be placed on public exhibition for 28 days.

2.   Following public exhibition, a further report be provided to Council for consideration of submissions and adoption of the Delivery Program-2017-2022 and Operational Plan 2021-2022 at the Council meeting on 16 June 2021.

3.   That Council note Procedure 6.06.6 Statement of Pricing has been revoked and provisions will be reviewed annually within the Revenue Policy.

 

External Submission

The one external submission received was related to the fees and charges for use of the new courts at the Sapphire Aquatic Centre. Given this is a new facility and it will take some time to understand the levels of use and demand at different times of the day staff are recommending that upon application a 30% fee reduction may be applied to community group non-commercial use of the courts in expected ‘off peak’ times. (1pm – 3.30pm Monday – Friday during school terms). An additional line has been added into the fees and charges under the heading Sapphire Aquatic Centre- Hire Fees to reflect this recommended approach.

Options

It is recommended that Council adopt the Fees and Charges 2021-2022, with the amendments outlined in Attachment 1. Council can choose to further review and amend the draft Fees and Charges. Delays to adopting the Fees and Charges by 1 July 2021 would result in Council not meeting its obligations under the Local Government Act.

Community and Stakeholder Engagement

Engagement undertaken

The Draft Revised Bega Valley Shire Delivery Program 2017 – 2022 and Operational Plan 2021 – 2022 including the budget and Revenue Policy along with the draft Fees and Charges 2021 – 2022 were placed on public exhibition from Wednesday 12 May to Tuesday 8 June 2021.

The primary point of access to view the draft Fees and Charges was through Council’s website. A number of social media posts on Council’s Facebook page were shared to encourage the community to provide feedback. Information was also included in Council News produced during the exhibition period.

Engagement planned

Once adopted, the Fees and Charges 2021-2022 will be placed on Councils website.

 

Financial and Resource Considerations

The Fees and Charges 2021-2022 applied for the use of Council facilities and provision of Council services contribute approximately 13% of Council’s revenue for FY22. An estimated $20 million in revenue is budgeted for in 2021-2022.

 

 

Legal /Policy

Under the Local Government Act 1993, Council is required to develop and publicly exhibit documents in the Integrated Planning and Reporting Framework for a period of 28 days and consider submissions made to the Fees and Charges prior to adoption.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Fees and Charges are a statutory requirement and ensure that revenue is obtained for the services Council provides, ensuring we can continue to meet the needs of the community as outlined in our Community Strategic Plan.

Environment and Climate Change

Fees and Charges revenue helps to support the delivery of a range of initiatives, many of which support our environmental initiatives as outlined in the Climate Resilience Strategy.  The income we receive through Fees and Charges helps us plan to meet the needs of the community and the environment we live in now and into the future.

Economic

In accordance with Section 608 of the Local Government Act 1993 and other relevant legislation, Council is authorised to charge and recover approved fees and charges for any service it provides.

The fees and charges are generally intended to be imposed on the following services provided by Council:

·    Supply of a product, service or commodity

·    Provision of information

·    Provision of a service in connection with the exercise of the Council’s regulatory functions, including receiving an application for approval, granting an approval, making an inspection and issuing a certificate

·    Admission to any building or enclosure

·    Use or benefit from Council’s assets and possessions

Risk

The financial risk to Council by not applying adequate and equitable Fees and Charges is significant. A detailed review of Council’s Fees and Charges will be undertaken in 2022 to ensure this risk is minimised.

Social / Cultural

Council’s approach when determining the amount of fees to be charged for goods and services considers the following factors:

·    The cost of providing the service

·    The importance of the service to the community

·    Prices fixed by relevant industry bodies

·    Any factors specified in the Local Government regulations

·    User pays principle with full or partial cost recovery

·    Equity factors

·    Financial, customer and resource use objectives

·    Impact of taxation (for example, GST)

·    Market pricing

In cases where a fee and/or charge is determined by legislation or other regulatory bodies, Council’s policy is not to determine an amount inconsistent with any fee or charge so determined.

 

Attachments

1.         Attachment 1 - Fees and Charges Submissions Summary_June2021

2.         Attachment 2 - Fees and Charges 2021/2022 - Final.pdf

 


Council

30 June 2021

Item 13.4 - Attachment 1

Attachment 1 - Fees and Charges Submissions Summary_June2021

 

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Council

30 June 2021

Item 13.4 - Attachment 2

Attachment 2 - Fees and Charges 2021/2022 - Final.pdf

 

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Council 30 June 2021

Item 13.5

 

13.5. Request for Council to act as a guarantor on a loan for the purposes of extending the Eden Killer Whale Museum building     

The report provides options and recommendations for Council in consideration to a request for Council to act as guarantor for a $600,000.00 loan. The loan is required to complete building extensions at the Eden Killer Whale Museum (EKWM)

Director Business & Governance  

Officer’s Recommendation

It is recommended that Council:

1.    Do not act as guarantor for the building extension loan at the Eden Killer Whale Museum.

2.    Encourage the Eden Killer Whale Museum to investigate alternative options to support           their loan application for the extension project.

 

 

Executive Summary

The Eden Killer Whale Museum (EKWM) presented a plan for expansion of the museum to Council on 28 April 2021. The project is partially grant funded, however, requires additional external financing of $600,000 to fund potential cost overruns and fit out expenses. The EKWM has asked Council act as guarantor for a loan to cover these costs.

This report summarises potential options for the EKWM that does not include Council acting as Guarantor. It also provides key considerations for Council should it consider the option to fulfil the requirements of Guarantor for financing the EKWM project.

Background

The EKWM has approached Council to act as Guarantor for a loan. The loan aims to secure the funds necessary to complete the extension and fit-out of the facility.

The EKWM has secured a grant for partial funding of the extension and currently has cash available to match the grant funding.

It requires a loan of $600,000 for any potential cost overruns and additional fit-out required as part of the extension.

The museum building and facilities are an asset owned by the NSW Government (Crown Land). The museum resides on Crown Reserve lot R62518, for which Council is the Land Manager. The land itself is owned by the State. The land is currently being leased by EKWM from Council under a 20-year lease. Council does not own any of the assets related to EKWM

Options

Other options available to EKWM in order to secure finance:

1.    Approach the NSW Government to guarantee the loan using the museum building or other asset/s as security.

2.    Approach the NSW Government to provide additional funding to complete the works as they are owners of the land and building.

If Council is to consider being the Guarantor for this loan, it requires further information as outlined below.

Council as Guarantor

In order to assess and consider the request, further detailed project information would need to be submitted including;

·    A Project/business plan for the duration of the guarantee

·    An outline of the social benefit for the whole community

·    A budget showing proposed repayment regimes for each of the years for which the guarantee is sought

·    Financial plans (project financials, historical profit and loss statement, balance sheet, and a forward budget)

·    Evidence of required funding

·    Guarantor risk assessment

·    Impact on Council’s financial situation, including;

Value of the asset (The EKWM building is currently listed on Councils insurance schedule for the value of $4,416,000. Council requires the EKWM committee to take out their own contents insurance as the collection is extremely valuable.)

Extent of potential liability including insurance of the works

·    Impact on Council’s reputation should the project not reach final completion

Project Information

Following the presentation to Council 28 April 2021, Council should request a detailed project plan from EKWM in order to consider the request and prior to any decision that would commit Council to guarantee loan borrowings of another entity. In order to exercise due diligence, the plan should at a minimum include:

·    Detailed designs for the expansion

·    Detailed financials for the project, including quotes received that are itemised

·    Proof of EKWM ability to finance the project; this should be the grant funding as well as official financial statements/bank statements to support the existing funds and other assets in the museum’s possession

·    Risk management plan including how EKWM plans to mitigate risks around cost overruns (noted by EKWM as being a key purpose of the loan)

·    Forward financial plan and projections that supports EKWM ability to repay the required loan

·    Justification and evidence as to other options explored and if so considered, why the EKWM considers it essential for Council to have any involvement in financing the project.

Guarantor Considerations

Council needs to carefully consider the financial risk associated with supporting the project. Most concerningly these include:

·    Being liable for the full amount of the loan

·    Being liable for any repayments EKWM is unable to make.

In acting as guarantor, BVSC would be effectively “undertaking” this loan. Consideration needs to be given to why enter into such an arrangement when Council has no invested interest in this facility and its expansion does not align with Council’s Long-Term Financial Plan or Asset Management Plans.

Financial Implications

If Council agrees to act as guarantor, it must have the ability to repay the loan as though it was the primary debtholder. This can only be assessed once the full terms of the loan are known. The financial risk associated with acting as guarantor is a concern for two reasons;

·    The amount of the loan required is substantial, and

·    The term of the loan is projected to be 15 years. As this is such a long term it is a significant exposure in financial risk for Council.

Further, as Council does not own any of the assets, it will not see any direct financial benefit from the improvement to the asset.

Reputational Implications

Professional Risks

It is important to note that there are likely implications for Council’s reputation should it guarantee the loan.

A major risk is setting a precedent for other community groups or organisations to seek similar support of this nature. It is not sustainable for Council to engage in providing financial guarantee, or, being seen to be supporting ‘some’ but not others. In order to have trust and confidence from the community, Council needs to be as transparent and fair as possible. Supporting this request could have negative impacts on Council’s current, and future, reputation.

A default on the loan by EKWM could damage Council’s reputation and question its ability to form sound financial decisions. The liability incurred would impact other community investments (operational and/or capital) if it became responsible for the debt on this asset owned by NSW State. An expected 15 year loan increases the risk of the decision to financially-back an asset not owned by the Council given the long term nature of this decision.

Benefits

A potential benefit is that Council could be seen as a supporter of such community organisations, notwithstanding the risks already outlined.

Other potential benefits of guaranteeing this loan include:

·    This project will seek to make the amenity more accessible

·    The project will improve the condition of the asset

·    Given previous successful projects completed by EKWM, it is likely that the Community will benefit from a successful project without significant Council resources

·    Improved facilities could potentially increase tourism to the Eden area.

Link to presentation to Councillors by Eden Killer Whale Museum representatives:

http://webcast.begavalley.nsw.gov.au/archive/video21-0428.php

 

Community and Stakeholder Engagement

Engagement undertaken

No community or stakeholder engagement is required at this time.

 

Engagement planned

At this time, no stakeholder engagement is required. Should Council consider the proposal, community consultation on the support of this decision should be sought.

 

Financial and Resource Considerations

There is currently no budget allocation for this matter. If Council choses to act as Guarantor, a financial assessment should be made to determine Council’s ability to pay the loan in the event EKWM is unable to do so. This can only be calculated once the terms of the loan are known.Legal /Policy

Legal implications will only arise should Council act as Guarantor. In that event, the legal implications will be those as outlined in the borrowing facility.

The lease agreement between Council and the Eden Killer Whale Museum is in accordance with the requirements of Crown Land Management Act 2016.

Whilst Council does not currently have an active policy around loan guarantees for community groups/ organisations within the shire, there are examples from other Councils. An example of this is West Wimmera Shire Council’s Guarantor Policy found:

https://www.westwimmera.vic.gov.au/files/assets/public/documents-amp-publications/policies/guarantor-policy.pdf

Two key points to consider in the policy of West Wimmera Shire Council is:

a)     Council will not have guarantees at any one time in excess of $200,000 total, with no single guarantee exceeding $50,000.

b)     No, (one) guarantee will exceed 1/3 of the total cost of the project.

The request received from EKWM is regarding a guarantee for a substantially larger financial amount and based on Council’s enterprise risk management framework, we recommend that it is not supported.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Upgrades to the assets related to the museum are not currently listed in any of Council’s strategic plans.

Environment and Climate Change

Council should ask for further details of the project to determine if there are any ecological implications and this should be included in any project plan prepared by EKWM.

Economic

If Council acts as Guarantor, it may incur costs in case of any default on the loan from EKWM. This would have an impact on Council’s General Fund.

We acknowledge there may be an economic benefit realised if the project is completed successfully and attracts more tourism to the region.

Risk

If Council acts as Guarantor, there may be a financial risk that it will be liable for the full or partial amount of the loan. Before Council pursues this option, it should thoroughly review the project plans, and EKWM financial plans and statements.

There are also reputational risks if Council supports this request, the most significant being the possibility of EKWM defaulting on the loan. It is for these reasons that we are recommending Council does not support the request to be guarantor for the EKWM loan.

Social / Cultural

If Council acts as Guarantor, it may set a precedent for similar requests in the future from other community groups. Any projects that are brought forward by other organisations that are outside of the documented Delivery Program and long-term resourcing strategies of Council redirect investment away from the agreed priorities, plans and assets that have been developed through significant community consultation.

We acknowledge that the project being undertaken by EKWM will improve the facilities, including making them more accessible and that this would be a positive outcome for the community, therefore we are supportive of EKWM submitting their request to the State to act as guarantor on the basis that they are the owners of the asset and land. 

Attachments

1.            Letter to General Manager of BVSC requesting Loan Guarantee (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 and would also impact Council’s position in relation to its consideration. 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

30 June 2021

 

 

Notices of Motion

 

30 June 2021

 

16.1            Proposal not to limit short-term rental accommodation................................. 844


Council 30 June 2021

Item 16.1

 

16.1. Cr Mitchell Nadin - Proposal not to limit short-term rental accommodation       

 

Notice of Motion

That Council:

1.    Resolves not to cap short-term rental accommodation in Bega Valley Shire.

2.    Writes to the NSW Department of Planning, Industry and Environment to advise it of Council’s position and advocate for alternative measures to address the impact of short term letting on the availability of permanent rental accommodation.

 

Background

The NSW Government has introduced a new framework for short-term rental accommodation (STRA), which commences on 1 November 2021. This framework requires STRA providers to comply with a Mandatory Code of Conduct, introduces fire safety standards for STRA dwellings and requires booking platforms to record bookings in a new STRA Register. It also provides regional councils with the option to apply a 180-day cap on the number of days a premise may be booked each year or not to apply a cap, which would allow premises to be booked 365 days per year.

There are currently 978 properties listed for short-term letting in the Bega Valley Shire, of which 151 are booked more than 180 days per year. Around 60 of these properties, located in the low density residential zone, have limited pathways to formalise tourism uses through the development assessment process. 

With increased interest in regional tourism positively affecting tourism visitation in the Bega Valley Shire, applying no cap on STRA premises maximises the opportunity for tourism revenue across the Shire.

Placing a limit on STRA is not likely to make a material contribution to housing availability in Bega Valley Shire, as it is typically more financially attractive to rent these properties for short periods on the STRA market than to rent them in the permanent rental market.  Alternative regulatory measures would be required to address the availability of existing housing stock for permanent rental uses. 

Cr Mitchell Nadin

 

Attachments

Nil