Ordinary  Meeting Minutes

Held on Wednesday 17 July 2019

At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega Commencing at 2.00 pm

 


 Present

Cr Kristy McBain, Mayor

Cr Mitchell Nadin, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Sharon Tapscott

Cr Liz Seckold

 In Attendance

Acting General Manager, Mr Anthony McMahon

Acting Director, Assets and Operations, Mr Daniel Djikic

Acting Director,  Community, Environment and Planning, Mr Keith Tull

Director, Business and Governance, Mr Graham Stubbs

Executive Manager People and Governance, Ms Nina Churchward

Acting Communications and Events Manager, Mr Justin Welsford

Minute Secretary, Ms Kelly McDowall

 

 

Statement of Commencement of Live Streaming

The Mayor made an announcement about live streaming requirements:

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, those present consent to their 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.

Acknowledgement of Traditional Custodians of Bega Valley Shire

The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the Traditional Custodians of the lands and waters of the Shire, the people of Yuin nation, to show respect to elders past and present.

1.

Apologies

73/19

RESOLVED on the motion of Crs Tapscott and Bain

That the leave of absence from 30 June 2019 to 18 August 2019 requested by Cr Dodds be accepted.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

RESOLVED unanimously on the motion of Crs Griff and Nadin

That Council note the apology of Leanne Barnes, General Manager and Dr Alice Howe, Director Community Environment and Planning.

 

2.

Confirmation of Minutes

74/19

RESOLVED on the motion of Crs Nadin and Bain

That the Minutes of the Ordinary Meeting held on 26 June 2019 as circulated, be taken as read and confirmed.  Noting that Cr Seckold left the 26 June 2019 meeting at 3.49 pm.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

 

3.        Declarations

There were no declarations of interest.

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

The following requests were heard prior to the meeting regarding:

Item 13.1 Making of the Rates and Charges for 2019 -2020.  

•  Sue Singleton 

•  David Jesson

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral minutes.

7.        Urgent Business

There was no urgent business.

8.        Staff Reports – Planning and Environment

There were no Planning and Environment reports.

9.        Staff Reports – Community, Culture and Leisure

There were no Community, Culture and Leisure reports.

10.      Staff Reports – Economic Development and Business Growth

There were no Economic Development and Business Growth reports.

11.      Staff Reports – Infrastructure Waste and Water

There were no Infrastructure Waste and Water reports.

12.      Staff Reports – Governance and Strategy

There were no Governance and Strategy reports.

13.      Staff Reports – Finance

As the matter had been the subject of an address to Council the Chairperson asked had any new matters been raised in the address.

The Acting General Manager advised he didn’t believe there was but would be happy to take an questions and noted a slight change to the recommendation as published would be made.

 

13.1

Making of the Rates and Charges for 2019 - 2020

 

RESOLVED on the motion was moved by Crs Allen and Fitzpatrick

That the matters be dealt with separately.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

2.34 pm       Cr Nadin left the meeting.

2.34 pm       Cr Nadin returned to the meeting.

 

Point of order

A point of order was called by Cr Tapscott regarding Cr Fitzpatrick’s comments regarding an incorrect statement about Council giving money away to the Pambula Merimbula Golf Club during debate on part 5 of these.

The Mayor ruled in favour of the point of order and asked Cr Fitzpatrick to reword his statement.

Cr Fitzpatrick reworded his statement.

 

75/19

RESOLVED on the motion was moved by Crs Allen and Nadin

That the Revenue Policy be adopted in the Draft Operational Plan 2019/20.

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 $506.00 on each rateable parcel of land and an ad-valorem rate of 0.0040763 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 $506.00 on each rateable parcel of land and an ad-valorem rate of 0.0040763 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 $506.00 on each rateable parcel of land and an ad-valorem rate of 0.007213 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 $506.00 on each rateable parcel of land and an ad-valorem rate of 0.007213 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 517 of the LG Act.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

RESOLVED on the motion of Crs Nadin and Seckold

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.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

RESOLVED on the motion of Crs Nadin and Griff

3. Waste and Recycling Collection Charge:

•     in accordance with Section 496 and 501 of the Local Government Act 1993, that Council makes waste management charges for 2019-2020:

Function

Note

Code

Description (All charges S496 unless noted)

Mandatory

Amount

Information

Waste Management

Section 501

Residential or MUD

Residential or MUD Waste Management

Residential

$258.87

Mandatory charge per residential, non-rural, assessment excl Vacant Land

Rural

Rural Waste Management

Rural

$121.65

Mandatory charge per rural assessment excl vacant land and no other s501 charges are levied

Commercial

Commercial Waste Management

Commercial

$277.63

Mandatory charge per Commercial, non-rural, assessment excl Vacant Land

As noted

Waste Service Availability Charge

As Noted

$86.78

Mandatory charge per assessment for land where waste collection service is available and no other s501 charges are levied

Landfill

Weekly

Residential or MUD

Residential or MUD Landfill 140L Weekly

 

$161.68

Weekly landfill bin collection services are only available subject to assessment of medical need.

Residential or MUD

Residential or MUD Landfill 240L Weekly

 

$218.12

Weekly landfill bin collection services are only available subject to assessment of medical need.

Rural

Rural Landfill 80L Weekly

 

$162.69

 

Rural

Rural Landfill 140L Weekly

Rural

$211.07

Mandatory Minimum Rural

Rural

Rural Landfill 140L Weekly (Bin Bank)

Bin Bank

$211.07

Mandatory Minimum Bin Bank

Rural

Rural Landfill 240L Weekly

 

$267.52

 

Commercial

Commercial Landfill 240L Weekly

Commercial

$218.12

Mandatory Minimum Commercial

Commercial

Commercial Landfill 660L Weekly

 

POA

 

Fortnightly

Residential or MUD

Residential or MUD Landfill 80L Fortnightly

Residential

$64.32

Mandatory Minimum Residential

Residential or MUD

Residential or MUD Landfill 140L Fortnightly

 

$88.52

 

Residential or MUD

Residential or MUD Landfill 240L Fortnightly

 

$116.74

 

Recycling

Weekly

Commercial

Commercial Recycling 240L Weekly

Commercial

$96.83

Mandatory Minimum Commercial

Commercial

Commercial Recycling 360L Weekly

 

$120.65

 

Commercial

Commercial Recycling 660L Weekly

 

POA

 

Fortnightly

Residential or MUD

Residential or MUD Recycling 80L Fortnightly

 

$42.00

 

Residential or MUD

Residential or MUD Recycling 240L Fortnightly

Residential

$48.41

Mandatory Minimum Residential

Residential or MUD

Residential or MUD Recycling 360L Fortnightly

 

$66.47

 

Rural

Rural Recycling 240L Fortnightly

Rural

$94.67

Mandatory Minimum Rural

Rural

Rural Recycling 240L Fortnightly (Bin Bank)

Bin Bank

$94.67

Mandatory Minimum Bin Bank

Rural

Rural Recycling 360L Fortnightly

-

$112.73

 

Food Organics, Garden Organics

Weekly

Residential or MUD

Residential or MUD FOGO 80L Weekly

 

$85.00

 

Residential or MUD

Residential or MUD FOGO 240L Weekly

Residential

$90.65

Mandatory Minimum Residential

Rural

Rural FOGO 240L Weekly

 

$108.36

Rural compost service is optional and only supplied where available (on existing pickup collection)

Commercial

Commercial FOGO 140L Weekly

 

$74.63

 

Commercial

Commercial FOGO 240L Weekly

 

$88.27

 

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

RESOLVED on the motion of Crs Fitzpatrick and Allen

4. Water supply services:

A.    Make an Annual Charge for Water Usage and Water Availability, in accordance with Section 501 and Section 502, comprising a Water Usage Charge of $3.02 per kilolitre for all water supplied by Council within or outside of its area based on water meter size:

Particulars

Volume factor

Access charge

Charge per Kl

20mm Water Connection

1

$239.50

$3.02

25mm Water Connection

1.56

$373.60

$3.02

32mm Water Connection

2.56

$613.10

$3.02

40mm Water Connection

4

$957.90

$3.02

50mm Water Connection

6.25

$1,496.80

$3.02

65mm Water Connection

10.56

$2,529.00

$3.02

80mm Water Connection

16

$3,831.80

$3.02

100mm Water Connection

25

$5,987.10

$3.02

150mm Water Connection

56.25

$13,471.00

$3.02

200mm Water Connection

100

$23,948.50

$3.02

Strata Title Units (per unit)

1

$239.50

$3.02

Unconnected properties which are able to connect (i.e. vacant land)

1

$239.50

$3.02

 

•     To make an Access Charge of $239.50 for all properties that are unconnected and able to be connected to the water supply of Bega Valley Shire Council.

•     That subject to annual certification by a medical practitioner Council provide a four monthly allowance of seventy (70) kilolitres per patient in the case of all registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this allowance all water usage is to be charged at the rate $3.02 per kilolitre.

B  That a review be undertaken prior to the 2020/21 financial year into alternative water charging arrangements specifically focused on the percentage split between usage and access charges.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

RESOLVED on the motion of Crs Fitzpatrick and Bain

5. Sewerage local fund:

Pursuant to Section 501 of the LG Act Council hereby resolves:

•     to make a flat sewerage service charge of $1,214.40 for all residential and farmland properties except as outlined below, connected to the Council's sewerage service network and categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act;

•     to make a flat sewerage service charge of $1,214.40 for each residential strata lot connected to the Council's sewerage service network and categorised as residential in accordance with Section 516 of the LG Act and;

•     to make a flat sewerage service charge of $1,214.40 for each residential dwelling on a multi-dwelling lot connected to the Council's sewerage service network categorised as residential in accordance with Section 516 of the LG Act and;

•     to make a flat sewerage service charge $607.20 for all properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act that are not connected and able to connect to the Council's sewerage service network and;

•     to make a sewer usage charge for all properties categorised as business and mining in accordance with Sections 517 and 518 of the LG Act, calculated on the total water usage (by measure) multiplied by the sewerage discharge factor (according to the following schedule) multiplied $4.50 per kilolitre and;

•     to make a sewer access charge for all properties (including strata and non-strata developments) categorised as business and mining in accordance with Sections 517 and 518 of the LG Act, calculated on the combination of a flat charge of $1,214.40 multiplied by the volume factor as noted in the table below, multiplied by the discharge factor as noted in the table below and;

•     to make a flat sewerage service charge $607.20 for all properties categorised as business or mining in accordance with Sections 517 and 518 of the LG Act that are not connected and able to connect to the Council's sewerage service network and;

•     Council notes that the discharge bands have been determined by the NSW Office of Water in its Best Practice Guidelines and will apply a discharge factor for community properties (reserves, sporting facilities etc) of 10 rather than 51 in accordance with the guidelines. The following table outlines these discharge factors and will be applied to the sewer usage charge and sewer availability charge. Council reserves the right to apply any discharge factor between 0%-100% with consultation with a business owner if necessary to accurately reflect an individual business.

Discharger

BVSC proposed

B and B

75

Bakery

95

Boarding House or Hostel

90

Butcher

95

Café/Bistro/Cakes/Patisserie

95

Car Detailing

95

Car Wash - hand wash only

75

Car Wash (robo, clean and go, gerni type)

95

Caravan Park

75

Charcoal Chicken

95

Chicken/Poultry Shop

95

Churches

95

Club (e.g. bowling, golf, racing)

50

Club (e.g. RSL, Surf Club)

95

Commercial Swimming Pool

85

Community Properties (halls)

95

Community Properties (reserves, sporting facilities, etc.)

10

Concrete Batching Plant

10

Craft/Stonemason

95

Day Care Centre’s / Pre-schools

95

Delicatessen, mixed business

95

Dental Surgery

95

Depot (bus, courier, truck, taxi, fuel)

95

Factory/Industry/Warehouse

95

Food Processing

90

Fresh Fish Shop

95

Funeral parlour

95

General Retail / Services

95

Government Department

95

Hairdresser / Beauty Salon

95

Hospital

95

Hotel

100

Joinery

95

Laundry

95

Marina

90

Mechanical Workshop

95

Mechanical Workshop w/ Car Yard

85

Medical Practice (incl. physio, herbal medicine, etc.)

95

Motel

90

Multi-premise Commercial (strata plan, dual occupancy)

95

Nursery

70

Nursing Home

90

Office Building

95

Optical Service

95

Panel Beating/Spray Painting

95

Printer

95

Radiator Repairer

90

Restaurant (including cafes, canteens, bistros)

95

Schools (Primary)

95

Schools (Secondary)

95

Schools (TAFE, University, etc.)

95

Seafood Processing

90

Self-Storage

90

Service Station

90

Shopping Centre

85

Supermarket

95

Take Away Food

95

Veterinary Practice, Kennels or Animal wash

80

Wreckers

90

Volume Factor – Sewer        

VOLUME FACTORS

Meter size

Factor

Availability charge per year

20mm

1.00

$1,214.40

25mm

1.56

$1,894.46

32mm

2.56

$3,108.86

40mm

4.00

$4,757.60

50mm

6.25

$7,590.00

65mm

10.56

$12,824.06

80mm

16.00

$19,430.40

100mm

25.00

$30,360.00

150mm

56.25

$68,310.00

200mm

100.00

$121,440.00

 

Liquid Trade Waste

Pursuant to Section 501 of the LG Act Council hereby resolves:

•     To make a Liquid Trade Waste usage charge of one dollar ($1.35) per kilolitre of water consumption multiplied by the discharge factors as tabled below.

Band

LTW Discharge factor

1

0%

2

0%

3

10%

4

20%

5

30%

6

50%

7

60%

8

80%

9

90%

2S

N/A

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold and Tapscott

Against:                  Cr Allen

Absent:                    Cr Dodds

 

RESOLVED on the motion of Crs Bain and Seckold

6. High Consumption Charge:

Pursuant to Section 64 of the LG Act Council hereby resolves:

•     to make a high consumption charge (non-residential) that applies to eligible non-residential properties.

Eligible non-residential properties have an option of maintaining their existing Equivalent Tenement (ET) entitlement and paying the High Consumption Charges in lieu of paying Section 64 Developer Contributions. The non-residential High Consumption Charge is calculated annually by amortizing the Section 64 Developer Charges for water and sewer (presently $8,917 and $12,483 per ET respectively) over 30 years with a discount rate equal to the 30 year Treasury bond rate (currently 3% variable) and then divided by 205kL/y for water and 190kL/y for sewer. The figure of 205kL/y is the average annual water consumption per household (1 ET), and the 190kL/y is the average annual contribution to the sewerage system per household (1 ET).

High Consumption Charges non-residential

2019/2020 ($/kL)

High Consumption (water) Charge

$2.18

High Consumption (sewer) Charge

$3.29

 In favour:            Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

RESOLVED on the motion of Crs Bain and Nadin

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

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen

Against:                  Nil

Absent:                    Cr Dodds

 

RESOLVED on the motion of Crs Bain and Nadin

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 2019 to 30 June 2020 be calculated at 6% per annum being the maximum interest rate allowable under the provisions of the LG Act.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold and Allen

Against:                  Cr Tapscott

Absent:                    Cr Dodds

 

14.      Councillor Reports

There were no Councillor reports.

15.      Rescission/alteration Motions

There were no Rescission/alteration Motions.

16.      Notices of Motion

                   There were no notices of motion.

17.      Questions with Notice

There were no questions with notice.

18.      Confidential Business

There was no confidential business.

19.      Noting of Resolutions from Closed Session

There were no resolution to note from previously closed session

20.      Declassification of reports considered previously in closed session

There were no declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 2.54 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 17 July 2019.