Ordinary  Meeting Minutes

Held on Wednesday 20 May 2020

Remotely via Zoom at 2.00 pm

 


To:

Cr Sharon Tapscott, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Kristy McBain

Cr Mitchell Nadin

Cr Liz Seckold

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, Communication and Events, Mr Ian Campbell

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

Minute Secretary, Mrs Bec Jones

 

 

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. 

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.

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, present and emerging.

Statement by the Mayor

The Mayor acknowledged Timor Leste Independence Day and noted a small flag raising ceremony was held in Littleton Gardens earlier today in recognition of the day.

The Mayor made a statement:

·         Thanking Cr Kristy McBain for her service as Mayor and wished her well

·         Noted all Councillors are equal and are committed to the Shire

·         Indicated her intention to ensure all Councillors have opportunity to represent the Shire

·         Asked that the language around debate to be kept relevant, respectful and succinct

·         Highlighted the Councillors Charter and asked Councillors to adhere to it

·         Provided her priorities until the next Mayoral Election:

1.       To walk with our community who have been impacted by disaster

2.       To ensure the community has a full understanding of the financial position of Council

3.       To present adopted positions of Council through advocacy with other levels of government

1.

Apologies

 

There were no apologies.

 

2.

Confirmation of Minutes

100/20

RESOLVED on the motion of Crs Allen and McBain

That the Minutes of the Ordinary Meeting held on 29 April 2020 and the Extraordinary Meeting held on 6 May 2020 as circulated, be taken as read and confirmed.

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

Against:                  Nil

 

3.        Declarations

                   Non-Pecuniary Interest

                   Cr McBain declared a non-pecuniary significant conflict of interest regarding Item 10.1 Election       priorities for Eden-Monaro on the basis that she is a candidate for the Labor Party in the       upcoming by election.

Cr McBain will leave in the Chamber and take no part in debate and voting.

 

4.              Public Forum –

           Report by Mayor of deputations heard prior to the meeting

                   The following submissions were heard prior to the meeting regarding:

Item 11.2 RFT 02/2020 and RFT 03/2020 Pambula Squash Courts - Building Construction and Court Fitout - Post Tender Negotiations

•    Mr Matthew Fanning

5.        Petitions

                   There were no petitions.

6.        Mayoral Minutes

 

6.1

Council Finances and the Way Forward

 

A amendment to the motion was proposed by Cr Nadin

 

1.    Establish a Finance Working Group chaired by the Deputy Mayor with all Councillors and the General Manager, Directors and Finance Manager as members to meet monthly for the remainder of this Council term.

2.    Receive a report from the Finance Committee with recommendations as part of the Quarterly Budget Review Statement.

The amendment was accepted by Cr Tapscott and Cr Fitzpatrick

A motion was foreshadowed by Cr Bain

That Councillors have a regular monthly briefing on finances with staff as part of Councillors regular briefing sessions.

An amendment was suggested by Cr Bain

That Council establish a Finance Working Group chaired by the Deputy Mayor with all Councillors and the General Manager, Directors and Finance Manager as members to meet monthly as part of our regular workshops as the first item of business, for the remainder of this Council term.

The amendment was accepted by Cr Fitzpatrick and Tapscott

101/20

RESOLVED on the motion of Crs Tapscott and Fitzpatrick

That Council establish a Finance Working Group chaired by the Deputy Mayor with all Councillors and the General Manager, Directors and Finance Manager as members to meet monthly as part of our regular workshops as the first item of business, for the remainder of this Council term.

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

Against:                  Nil

 

 

7.        Urgent Business

                   There was no urgent business.

8.        Staff Reports – Planning and Environment

 

8.1

Outcome of the exhibition of Draft Residential Land Strategy

102/20

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.    That Council resolve to adopt the Bega Valley Shire Residential Land Strategy (Attachment 1), following final graphic design to align with the format of the Commercial Land Strategy.

2.    That Council officers advise the stakeholders involved in the development of the Strategy and those that made submissions during public exhibition of the draft Strategy of Council’s decision.

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

Against:                  Cr Nadin

 

 

9.          Staff Reports – Community, Culture and Leisure

                      There were no Community, Culture and Leisure reports.

 

10.        Staff Reports – Economic Development and Business Growth

Cr McBain declared a non-pecuniary significant conflict of interest regarding Item 10.1 Election priorities for Eden-Monaro on the basis that she is a candidate for the Labor Party in the upcoming by election.

Cr McBain left the Chamber and took no part in debate and voting

2:58pm         Cr McBain left the Chamber.

 

 

 

 

10.1

Election Priorities for Eden Monaro By-Election

103/20

RESOLVED on the motion of Crs Seckold and Dodds

1.    That Council adopt the Eden Monaro By-election election infrastructure, program and advocacy items outlined in this report to present as Council priorities to Federal candidates in the upcoming Eden Monaro Federal by-election.

2.    That Council note the update on work being done to finalise a Bushfire Recovery Prospectus/Investment document which will be presented to Council by June 2020.

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

Against:                  Nil

AbsENT:                    Cr McBain

 

3:17pm Cr McBain returned to the Chamber.

 

11.        Staff Reports – Infrastructure Waste and Water

 

11.1

EOI 19/20 Use and occupation of the Green Shed Building at Tathra

104/20

RESOLVED on the motion of Crs Bain and Allen

1.      That Council note the Expression of Interest (EOI 19/20) process carried out for the use and occupation of the Green Shed building on Andy Poole Drive in Tathra.

2.     That Council, as Crown Land Manager of the Tathra Beach Reserve (R79310), approve a further five-year licence with an option for a further five years to Bega Valley Bridge Club Incorporated for their continued occupation of the Green Shed building on Andy Poole Drive in Tathra for an annual rental fee as determined by a formal market valuation and increased annually by CPI.

3.      That Council authorise the General Manager and Mayor to execute the necessary licence documentation to provide further tenure.

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

Against:                  Nil

 

11.2

RFT 02/2020 and RFT 03/2020 Pambula Squash Courts - Building Construction and Court Fitout - Post Tender Negotiations

105/20

RESOLVED on the motion of Crs Allen and Nadin

1.  That the Councillors accept the recommendations in the Confidential Memorandum

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

Against:                  Crs Griff and Dodds

 

A motion was foreshadowed by Cr Dodds

 

1.    That Councillors delay making a decision on this matter until a determination government         funding is received.

106/20

RESOLVED on the motion of Crs Allen and Nadin

2.    That Council accept the negotiated price and enter into Contract for the works described in Tender RFT 02/2020 Building Construction for Pambula Squash Courts with Davone Constructions for the amount of $473,999.00 subject to variations, provisional sums and prime cost items as per recommendations in the confidential attachment.

3.    That Council accept the negotiated price and enter into Contract for the works described I  n Tender RFT 03/2020 Courts Fitout for Pambula Squash Courts, with ASB NZ for the amount of $299,261.00 subject to variations, provisional sums and prime cost items as per recommendations in the confidential attachment.

4.    That Council accept the negotiated price for squash courts flooring available from local supplier, using regional sourced hardwood to the value of $53,209.00.

5.    That Council accept the contingency of 2.5% $20,000.00 and principal supply items $3,000.00 including cover for possible import, customs and exchange rate fluctuations for imported fitout items, to a total of $23,000.00.

6.    That authority is delegated to the General Manager or their delegate to execute all necessary documentation.

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

Against:                  Crs Griff and Dodds

 

12.        Staff Reports – Governance and Strategy

4:17pm Cr Nadin left the meeting

4:20pm Cr Nadin returned to the meeting

 

12.1

Exhibition of 2020-2021 Budget and Integrated Planning and Reporting documents

107/20

RESOLVED on the motion of Crs McBain and Bain

1.   That the draft, revised Delivery Program 2017-2021, the draft Operational Plan 2020-2021, including Council’s Budget and Revenue Policy, the amended Financial Strategy and the draft Fees and Charges 2020-2021 be placed on public exhibition for 28 days with feedback on the documents to be considered at the Council meeting on 24 June 2020.

2.   That Council hold an additional meeting on 27 May 2020 to consider and adopt the March Quarterly Budget Review and to place the draft Long Term Financial Plan (LTFP) on exhibition.

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

Against:                  Nil

 

12.2

Classification of land at Merimbula

108/20

RESOLVED on the motion of Crs McBain and Bain

That Council give notice of its intention to classify Lot 233 DP 1263284 off Sapphire Coast Drive in Merimbula as operational land under section 34 of the Local Government Act 1993 (NSW).

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

Against:                  Nil

 

13.      Staff Reports – Finance

                   There were no Finance reports.

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.      Questions without Notice

 

18.1

Water Trunk Main Billing

 

Cr Dodds asked the following questions regarding Water Trunk Main Billing:

1.       FORM LETTER. Councillors were advised at the Council Meeting 05.02.2020 in response to a Question With Notice, that all 193 customers directly connected to the Trunk Mains, as part of their quarterly billings, regularly receive the alerts and warnings outlined in the form letter provided in the answer to that Question With Notice.

 

Can staff please provide Council the details of the electronic trail or other evidence that  would confirm that this administrative policy and procedure has been and is followed?

Could a reasonable person, on reading the form letter, be expected to understand that the water being delivered to the meter may vastly exceed the recommended safe pressures for domestic appliances, and risk high pressure leaks forming as a result of damage to domestic/residential water pipes?

2.       POLICIES and PROCEDURES. What policies and procedures guide Council’s responsibilities and duty of care to ensure that the ratepayers/residents who receive their domestic water supply from the Trunk Main, both receive the form letter, and fully understand the health and pressure related risks associated with the BVSC water supply.  In particular, the extremely high domestic water pressures (4 times the maximum allowable specified in the Australian Plumbing Code).

 

3.       SECTION 149 CERTIFICATE. As required by the NSW Environmental Planning and Assessment Act 1979, does Council include a statement of the risks associated with the BVSC Trunk Water supply in the Section 149 Certificate, at the point of sale and/or transfer of all/any of the 193 properties who receive their domestic water supply directly from the Trunk Mains.

 

4.       In response to the experience of Ratepayer X, what policies, processes and procedures has Council changed to address the identified potential significant financial costs and health risks to other Trunk Mains ratepayers?

 

5.       Given the experiences of Ratepayer X, What options are available to Council to permanently  prevent the problems and ongoing potential risks to the health and damage to the  domestic pipes and appliances of the 193 BVSC ratepayers directly affected by this historical water supply practice which ceased approximately 10 years ago, in recognition of these ongoing problems?

 

6.       The process of addressing Resident X’s complaint has been lengthy, involved contradictory information being supplied by council staff, and caused Resident X great distress, including the financial hardship imposed by the excess water charges.

 

How will Council’s complaint resolution process be improved/made fairer and more consistent to avoid the difficulties that were imposed on this resident?

 

7.       How many excess water bills does BVSC issue each year? How many of these are associated with the Trunk Main supply? Is the rate of excess water bills issued to Trunk Main customers, equivalent to the rate of those issued to non Trunk Main customers?

The question was taken on notice by Director Business and Governance.

 

 

18.2

Granite Hill Windfarm

 

Cr Nadin asked about the Granite Hill Windfarm Proposal and if any of the windfarm comes on Bega Valley Shire Jurisdiction.

Dr Howe responded indicating that it does not, but does have potential impact due to the proximity to our border. Mr Tull is Council’s representative on the working group. Information will be provided to a Councillor Workshop once the proponent is ready.

 

 

18.3

DA for Tathra Community Garden

 

Cr Nadin asked about bringing forward to Council the DA for the Tathra Community Garden.

Dr Howe responded and advised for Council staff to refer a matter to Council at a Councillors request, the request must be accompanied by a planning reason for the referral. Cr Nadin is to provide an email stating the reason for planning reason for the request.

 

18.4

Dog Litter Bags at Short Point

 

Cr Bain asked why there is still a shortage of dog litter bags at Short Point?

Dr Howe responded that the matter had been referred to rangers previously and the bags are in high demand but are regularly replaced.

 

19.      Confidential Business

                   There was no confidential business.

20.      Noting of Resolutions from Closed Session

There was no noting of resolutions from Closed Session.

21.      Declassification of reports considered previously in closed session

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

Closure

There being no further business, the Chairperson closed the meeting at 4:39 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 20 May 2020.