Ordinary  Meeting Minutes

1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

54/20

RESOLVED on the motion of Crs Allen and Bain

That the Minutes of the Ordinary Meeting held on 18 March 2020 as circulated, be taken as read and confirmed.

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

Against:                  Nil

6.1

COVID 19 Financial Support

55/20

RESOLVED on the motion of Cr McBain

1.    That Bega Valley Shire Council calls on the Federal Government and NSW Government to urgently deliver comprehensive and multifaceted financial support and stimulus packages to local government to enable them to continue to operate effectively and provide essential services during the COVID-19 pandemic.

2.    That Bega Valley Shire Council calls for the packages to include the following measures:

·    Increasing Financial Assistance Grants payments to 1% of GST revenue to help councils maintain essential functions and services, acknowledging the increased costs and mounting revenue losses arising from COVID-19, drought, bushfire and floods as well as giving Council capacity to provide hardship assistance to businesses and residents.

·    Immediate financial assistance to support Council employees, especially in early education and care.

·    Providing stimulus funding to Councils for projects that will help sustain Council operations and boost local economies. This could be achieved through increasing or bringing forward funding under existing funding programs or introducing new programs.

·    Increased access to TAFE, VET and other apprenticeship opportunities that staff can undertake to address skill shortages, especially for staff in non-essential services who are unable to be redeployed.

·         NSW Government providing 100% reimbursement of pensioner concessions for local government to come in line with other States.

·         NSW Government to fund the emergency services levy for at least the 2020/21 financial year.

3.    That Bega Valley Shire Council commends the NSW and Federal Governments on their stewardship during this crisis and commits to working in partnership to protect community health and sustain local economies through this crisis.

4.    That Council write to the local Federal Member Dr Mike Kelly and State Member The Hon Andrew Constance, the Prime Minister the Hon Scott Morrison MP, NSW  Premier the Hon Gladys Berejiklian MP, Federal Treasurer the Hon Josh Frydenburg MP,  NSW Treasurer the Hon Dominic Perrottet MP, NSW Local Government Minister the Hon Shelley Hancock MP, Federal Minister for Local Government the Hon Mark Coultan, Federal Opposition Leader the Hon Anthony Albanese, NSW Opposition Leader Jodi McKay MP, Federal Shadow Minister for Local Government Jason Clare MP and NSW Shadow Minister for Local Government Greg Warren MP to confirm their support for increased financial assistance and stimulus funding for local government to help councils maintain essential services and employment during the COVID-19 pandemic.

5.    That Bega Valley Shire Council endorses Local Government NSW’s sector-wide campaign to obtain financial assistance, employment support and stimulus funding for the local government sector.

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

Against:                  Nil

7.1

The Late David Jesson

Cr Nadin requested the Mayor make a statement regarding the passing of former Bega Valley Shire Council General Manager, Mr David Jesson.

The Mayor made a statement recognising the untimely passing of Mr Jesson and his contribution to Bega Valley Shire  Council and passed on condolences on behalf of Councillors and staff.

8.1

Demolition of dwelling and construction of Shop Top Housing Lot 5 DP 758095 14 Lamont Street Bermagui

56/20

RESOLVED on the motion of Crs Bain and Nadin

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

1.    Approve the Development Application subject to the draft Conditions of Consent. This is the recommended option.

2.    Defer consideration of the matter and request a separate report identifying any relevant Section 4.15 matters for consideration and draft Reasons for Refusal.

3.    Defer consideration of the matter and request the applicant to delete the second floor altogether.

4.    Defer consideration of the matter and seek an alternative design to address any concerns raised (to be specified by Councillors).

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

Against:                  Crs Griff and Dodds

9.1

Acquisitive Sculpture Prize

57/20

RESOLVED on the motion of Crs Tapscott and Seckold

That:

1.    Council endorse acquisition of ‘Landed’ by Thomas Westra for the 2020 Acquisitive Sculpture Prize.

2.    The 2020 Acquisitive Prize be increased, by $8,000 to $18,000, with funds allocated from the Southern Phone dividend.

3.    Any funds raised in donations towards the 2020 Sculpture Award be used to reimburse the Southern Phone dividend reserve.

4.    ‘Landed’ be installed at a suitable site in Bemboka, subject to consultation with the Bemboka community.

5.    Bemboka resident, Mr John Cullen, be appointed to the advisory panel to assist in engaging with the local community and determining a suitable location for the sculpture.

6.    A further report be brought back to Council once a location has been selected.

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

Against:                  Cr Allen

11.1

Former Merimbula Visitor Information Centre building options

A motion was moved by Crs Allen and Fitzpatrick

That Council proceed to demolish the former Merimbula Visitor Information Centre building at Beach Street, Merimbula and restore the site as open space.

The motion was put to the vote and it was CARRIED

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

Against:                  Cr Dodds

58/20

1.    That Council proceed to demolish the former Merimbula Visitor Information Centre building at Beach Street, Merimbula and restore the site as open space.

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

Against:                  Cr Dodds

11.2

Termination of lease - Tathra Beach Kiosk

A motion was moved by Crs Fitzpatrick and Allen

1.    That Council receive and note the report.

2.    That Council approve the termination of the current lease effective immediately with the lessee not required to make any further financial contribution.

3.    That Council make an application through the 2020-21 Crown Reserves Improvement Fund Program or any other alternative suitable external funding source to fund the essential building repair works.

The motion was put to the vote and it was CARRIED

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

Against:                  Nil

NOTE

Resolution 59/20  in Original Minutes Published on 10/4/20 was incorrect

Corrections are  indicated in Red

RESOLVED on the motion of Crs Fitzpatrick and Nadin Allen

1.    That Council receive and note the report.

2.    That Council approve the termination of the current lease effective immediately with the lessee not required to make any further financial contribution.

3.    That Council note a further public Expression of Interest process will be conducted by Council officers and the results will be presented back to Council for consideration.

4.    That Council make an application through the 2020-21 Crown Reserves Improvement Fund Program or any other alternative suitable external funding source to fund the essential building repair works.

5.    That Council authorise the General Manager and Mayor to execute the necessary documentation to formalise the above course of action.

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

Against:                  Nil 

59/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council receive and note the report.

2.    That Council approve the termination of the current lease effective immediately with the lessee not required to make any further financial contribution.

3.    That Council make an application through the 2020-21 Crown Reserves Improvement Fund Program or any other alternative suitable external funding source to fund the essential building repair works.

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

Against:                  Nil

11.3

Sporting Complex Upgrade Projects Update

A motion was moved by Crs Fitzpatrick and Nadin

1.    That the report be received and noted and that Council delegate the General Manager to         write immediately to the Department of Sport, the Minister for Sport and Local Minister to         provide the funding deeds to allow projects to progress as a matter of urgency

2.    That the membership structure of the Project Control Groups detailed in the report be endorsed by Council in addition to membership by interested Councillors

3.    That the measures to move forward with the projects outlined in the report be endorsed by Council.

4.    That project milestone reports be distributed to Councillors.

5.    That Council delegate authority to the General Manager to consider recommendations of         Project Control Groups and provide direction to progress with projects. 

6.   That the Project Control Group Terms of Reference Membership be amended to reflect the         BVSC Access and Inclusion Committee Representative be a non-voting member.

The motion was put to the vote and it was CARRIED

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

Against:                  Nil

60/20

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That the report be received and noted and that Council delegate the General Manager to         write immediately to the Department of Sport, the Minister for Sport and Local Minister to         provide the funding deeds to allow projects to progress as a matter of urgency

2.    That the membership structure of the Project Control Groups detailed in the report be endorsed by Council in addition to membership by interested Councillors

3.    That the measures to move forward with the projects outlined in the report be endorsed by Council.

4.    That project milestone reports be distributed to Councillors.

5.    That Council delegate authority to the General Manager to consider recommendations of         Project Control Groups and provide direction to progress with projects. 

6.   That the Project Control Group Terms of Reference Membership be amended to reflect the         BVSC Access and Inclusion Committee Representative be a non-voting member.

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

Against:                  Nil

11.4

Proposed divestment of Lot 14 DP 249924 at Moore Wren Road, Tarraganda

61/20

RESOLVED on the motion of Crs Bain and Allen

1.    That Council receive and note the report.

2.    That Council approve the divestment of Lot 14 DP 249924 at Moore Wren Road, Tarraganda to the proprietors of Lot 1316 DP 1172251, for the amount as offered.

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

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

5.    That the proprietors of Lot 1316 DP 1172251 be advised of Council’s decision.

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

Against:                  Nil

11.5

Kiah Catholic Church Land

A motion was moved by Crs Bain and Nadin

1.    That Council make a formal approach to the Trustees of the Roman Catholic Church for the Diocese of Goulburn being the registered owners of Lot 68 DP 750223 which adjoins Council owned community land to seek their consideration in gifting the land parcel to Bega Valley Shire Council for erecting a new Kiah Community Hall.

2.    That Council authorise the General Manager and Mayor to execute the necessary documentation to formalise the above course of action.

An amendment to the motion was proposed by Cr Allen

1.    That Council make a formal approach to the Trustees of the Roman Catholic Church for the Diocese of Goulburn being the registered owners of Lot 68 DP 750223 which adjoins Council owned community land to seek their consideration in gifting the land parcel to Bega Valley Shire Council for erecting a new Kiah Community Hall.

2.    That Council authorise the General Manager and Mayor to execute the necessary documentation to formalise the above course of action.

3.  That discussions take place with the State Member for Bega, The Hon Andrew Constance, in regards to assistance for funding for Kiah and Wandella Hall rebuilds.

The amendment was not accepted by Crs Bain and Nadin

Cr Allen withdrew his proposed amendment.

62/20

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council make a formal approach to the Trustees of the Roman Catholic Church for the Diocese of Goulburn being the registered owners of Lot 68 DP 750223 which adjoins Council owned community land to seek their consideration in gifting the land parcel to Bega Valley Shire Council for erecting a new Kiah Community Hall.

2.    That Council authorise the General Manager and Mayor to execute the necessary documentation to formalise the above course of action.

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

Against:                  Nil

11.6

RFT 02/2020 & 03/2020 Pambula Squash Courts - Building Construction and Court Fitout

A motion was moved by Crs Nadin and Bain

1.    That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the lowest Tenderer for RFT 02/2020 Building Construction and directly with the specialist Supplier for RFT 03/2020 Courts Fitout with a view to entering into contracts in relation to the subject matter of the tenders as per Clause 178(3)(e).

2.    That authority is delegated to the General Manager to enter negotiations with the tenderers that provided the best value for money, on the basis of the works as specified in RFT 02/2020 Building Construction and 03/2020 Courts Fitout.

3.    That the item be reported back to Council following negotiations.

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

An amendment was proposed by Cr Griff

1.    That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the lowest Tenderer for RFT 02/2020 Building Construction and directly with the specialist Supplier for RFT 03/2020 Courts Fitout with a view to entering into contracts in relation to the subject matter of the tenders as per Clause 178(3)(e).

2.    That authority is delegated to the General Manager to enter negotiations with the tenderers that provided the best value for money, on the basis of the works as specified in RFT 02/2020 Building Construction and 03/2020 Courts Fitout.

3.    Reduce the three (3) squash courts complex  to a two (2) squash court complex.

4.    Await the outcome of the Building Better Regions Funding application before proceeding  into any contract.

The amendment was not accepted by Cr Nadin.

An amendment to the motion was proposed by Cr Dodds

1.    That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the lowest Tenderer for RFT 02/2020 Building Construction and directly with the specialist Supplier for RFT 03/2020 Courts Fitout with a view to entering into contracts in relation to the subject matter of the tenders as per Clause 178(3)(e).

2.    That authority is delegated to the General Manager to enter negotiations with the tenderers that provided the best value for money, on the basis of the works as specified in RFT 02/2020 Building Construction and 03/2020 Courts Fitout.

3.    That should the negotiation not be able to fit within the allocated budget, that the option be         to reduce the squash courts complete to a two squash court complex.

The amendment was not accepted by Cr Nadin

A motion was foreshadowed by Cr Griff

1.    That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the lowest Tenderer for RFT 02/2020 Building Construction and directly with the specialist Supplier for RFT 03/2020 Courts Fitout with a view to entering into contracts in relation to the subject matter of the tenders as per Clause 178(3)(e).

2.    That authority is delegated to the General Manager to enter negotiations with the tenderers that provided the best value for money, on the basis of the works as specified in RFT 02/2020 Building Construction and 03/2020 Courts Fitout.

3.    Reduce the three (3) squash courts complex  to a two (2) squash court complex.

4.    Await the outcome of the Building Better Regions Funding application before progressing         further with the project.

63/20

RESOLVED on the motion of Crs Nadin and Bain

1.    That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the lowest Tenderer for RFT 02/2020 Building Construction and directly with the specialist Supplier for RFT 03/2020 Courts Fitout with a view to entering into contracts in relation to the subject matter of the tenders as per Clause 178(3)(e).

2.    That authority is delegated to the General Manager to enter negotiations with the tenderers that provided the best value for money, on the basis of the works as specified in RFT 02/2020 Building Construction and 03/2020 Courts Fitout.

3.    That the item be reported back to Council following negotiations.

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

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

Against:                  Crs Griff, Tapscott and Dodds

11.7

Eden, Twofold Bay and Towamba River Flood Study Final Findings

A motion was moved by Cr Fitzpatrick and Allen

1.    That the item be deferred for consideration at the meeting of 29 April 2020.

A motion was foreshadowed by Cr Dodds

1.    That Council endorse the findings and recommendations of the Eden, Twofold Bay and Towamba River Flood Study as the best available flood information and interim measures for use in developing any subsequent floodplain risk management study and plan; and future emergency response planning.

2.    That a copy of the final endorsed Eden, Twofold Bay and Towamba River Flood Study be published on Council’s website and provided to Council’s Local Emergency Management Committee for its information.

Officer’s Recommendation

1.    That the item be deferred for consideration at the meeting of 29 April 2020.

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

Against:                  Crs Griff, Seckold, Tapscott and Dodds

11.8

Merimbula Airport - Support for Regional Express during COVID-19 Pandemic

64/20

RESOLVED on the motion of Crs Tapscott and Nadin

That Council provide support to Regional Express through the reduction of passenger landing fees by 70% for Merimbula Airport during the COVID -19 pandemic for a period of six months and undertake a further review at the end of the six-month period.

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

Against:                  Nil

11.9

Apex Park, Bermagui - Public Amenities Upgrade, Concept Design

65/20

RESOLVED on the motion of Crs Nadin and Allen

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

2.  That Council endorse the final concept design for the existing public amenities at Apex Park, Bermagui.

3.  That Council delegate authority to the General Manager, if required, to endorse amendments to the design to fit within the project budget.

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

Against:                  Nil

12.1

Updates to Operational Plan 2019-20

66/20

RESOLVED on the motion of Crs Bain and Dodds

1.         Council note the impact of the 2020 Bega Valley Bushfire on the delivery of several              activities in the 2019-20 Operational Plan.

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

Against:                  Nil

12.2

Funding and financial considerations for response, recovery and rebuilding

67/20

RESOLVED on the motion of Crs Bain and Seckold

1.         That Council note the allocation of the Disaster Recovery Funding Arrangement Category C              untied allocation of $1.3m

2.         That a further report be presented to Council when the current negotiations relating to              clean up, flood disaster allocations under DRFA, and s44 claimable items has been finalised              outlining any additional capacity to allocate funding.

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

Against:                  Nil

12.3

Update Council Pandemic Critical Incident Plan

68/20

RESOLVED on the motion of Crs Nadin and Bain

1.    That Council receive and note the report on the Bega Valley Shire Council Business Continuity         Pandemic response. 

2.    That Council approve the amendment to the Register of Delegations – Delegations to the         General Manager to item 14, page 17 to read Closing of Council Offices, libraries and all         identified services consistent with the Pandemic Critical Incident Plan and relevant State and         Commonwealth directives.

3.    That Council resolve to formally appoint Mr Anthony McMahon as Acting General Manager in         the event that the General Manager is unwell and unable to carry out the role and if Mr         McMahon is also unable to carry out duties Dr Alice Howe take the role as  Acting General         Manager and that the Acting General Manager have the delegations as applied to the         General Manager.

4.    That Council receive a report to the meeting of 29 April 2020, outlining potential         opportunities that Council could consider in relation to support for the community in regard         to the COVID-19 pandemic.

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

Against:                  Nil

12.4

Council Meetings and social distancing requirements COVID-19 Virus

69/20

RESOLVED on the motion of Crs Bain and Griff

1.    That Council note the move to hold Council meetings electronically until the Public Health Order restricting gatherings in indoor spaces exceeding two persons and given occupied space, there must be a density of no more than one person per four square metres of floor space is revoked.

2.    That the provision for the public to attend meetings be satisfied by the webcasting of the meeting as allowed under the amendments to the Local Government Act.

3.    That Public Forums be via electronic submission only for distribution to Councillor prior to the meeting day.

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

Against:                  Nil

18.

Questions without Notice

18.1

Bunnings Development

Cr Nadin asked for an update on the Bunnings Development. Dr Howe took the question on notice.

18.2

Smart Streetlighting Program Rollout

Cr Nadin asked for an update on the status of the funding and roll out of the Smart Streetlighting Program.

Dr Howe advised a roll-out is planned for late 2022, which is on track at present. Council is awaiting further advice from the Southern Lights Project Team on outcomes of tender evaluation.