1.

Apologies

Cr McBain has requested an extension to her currently approved leave of absence from 24 June to 7 July. Cr McBain has also requested that the current hold on payment of all allowances also be extended for a his period.

125/20

RESOLVED on the motion of Crs Allen and Seckold

That a leave of absence for Cr McBain be extended from 24 June 2020 to 7 July 2020

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

Against:                  Nil

ABSENT:                    Cr McBain

2.

Confirmation of Minutes

126/20

RESOLVED on the motion of Crs Seckold and Dodds

That the Minutes of the Ordinary Meeting held on 10 June 2020 as circulated, be taken as read and confirmed with Page 4, Item 8.1 to be amended to read: “A point of order was called by Cr Dodds regarding Cr Nadin referring  refraining from speaking to the item and speaking to her vote.”

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

Against:                  Nil

ABSENT:                    Cr McBain

8.1

Outcome of the Exhibition of the Draft Local Strategic Planning Statement

127/20

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.    That Council resolve to adopt the Bega Valley Shire Local Strategic Planning Statement 2040 (Attachment 1), subject to the changes to the exhibited draft document outlined in this report.

2.    That Council seeks endorsement of the adopted Local Strategic Planning Statement by the Department of Planning, Industry and Environment and publication on the NSW Planning Portal.

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

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

Against:                  Nil

Absent:                    Cr McBain

8.2

Outcome of Exhibition of Burning Off in Open Areas Policy

An amendment to the motion was moved by Crs Dodds and Seckold

1.    That Council resolve to adopt the Burning Off in Open Areas Policy (Attachment 1).

2.    That Council officers advise stakeholders and those who have made submissions during the public exhibition period of the draft Policy of Council’s decision.

3.    Write to the Environment Protection Authority to request that Bega Valley Shire be removed         from Part 3 of Schedule 8 of the Protection of the Environment (Clean Air) Regulation 2010.

In favour:             Crs Dodds, Griff, Seckold and Tapscott

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

Absent:                    Cr McBain

The Mayor used her casting vote to vote FOR the motion and the motion was CARRIED.

A motion was foreshadowed by Cr Bain

1.    That Council resolve to adopt the original Burning Off in Open Areas Policy which was placed on exhibition.

2.    That Council officers advise stakeholders and those who have made submissions during the         public exhibition period of the draft Policy of Council’s decision.

Officer’s Recommendation

1.    That Council resolve to adopt the Burning Off in Open Areas Policy (Attachment 1).

2.    That Council officers advise stakeholders and those who have made submissions during the public exhibition period of the draft Policy of Council’s decision.

3.    That Council write to the Environment Protection Authority to request that Bega Valley Shire         be removed from Part 3 of Schedule 8 of the Protection of the Environment (Clean Air)         Regulation 2010.

In favour:             Crs Dodds, Griff, Seckold and Tapscott

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

Absent:                    Cr McBain

The Mayor used her casting vote to vote FOR the motion and the motion was CARRIED.

8.3

Interpretation of Clause 1.2 of Council's Development Contributions Plan

128/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council resolve to:

1.    Interpret Clause 1.2 of Council’s Development Contributions Plan 2014 as applying to building work conducted after 1965.

2.   Apply this interpretation to applicable development applications submitted to Council on or after 1 January 2020.

3.    Reimburse development contributions paid on land for which a dwelling existed prior to 1965 and for which a development application was submitted on or after 1 January 2020.

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

Against:                  Nil

Absent:                    Cr McBain

10.1

Bega Valley Innovation Hub Update and Incubator Support Funding

A motion was moved by Crs Dodds and Griff

 1.   That Council note the outcomes of the Bega Valley Innovation Hub (BVIH) for the local         business community over the past two years.

2.   That Council note and approve the intent to support a Council grant application to the         Australian Government’s Incubator Support Program to continue the delivery of business         innovation and growth programs in the Bega Valley Shire.

3.    That Council note the partnership and investment to date with the University of Wollongong         and if successful in the grant application due to extenuating circumstances, Council enact         Section 55 (3)(i) of the Local Government Act as a satisfactory result would not be achieved         by inviting tenders.

4.    That authority is delegated to the General Manager to execute all necessary documentation.

In favour:             Crs Dodds and Griff

Against:                  Crs Allen, Fitzpatrick, Bain, Nadin, Seckold and Tapscott

Absent:                    Cr McBain

A motion was foreshadowed by Crs Bain and Fitzpatrick

That the matter be deferred to be considered at the Council Meeting of 22 July 2020, with further information to be circulated to Councillors.

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

Against:                  Crs Dodds

Absent:                    Cr McBain

129/20

RESOLVED on the motion of Crs Bain and Fitzpatrick

That the matter be deferred to be considered at the Council Meeting of 22 July 2020, with further information to be circulated to Councillors.

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

Against:                  Cr Dodds

Absent:                    Cr McBain

11.1

RFT 27/20 Pambula Beach Coastal Accessibility Project – Civil Works

130/20

RESOLVED on the motion of Crs Dodds and Nadin

1.    That Council decline to accept the submitted tender under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the tenderer and other parties that attended the project tender briefing with a view to entering into contracts for the civil works.

2.    That should the negotiations not result in a sufficiently reduced cost to meet the allocated budget, a further review of the work scope to find savings within the project that still see key project objectives and elements delivered.

3.    That authority is delegated to the General Manager to execute all necessary documentation in relation to RFT 27/20.

4.    That the tenderer be advised of Council’s decision.

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

Against:                  Nil

Abstained:             Cr Bain

Absent:                    Cr McBain

11.2

RFT 23/20 Merimbula Basketball Courts Upgrade- New Roof & Courts Upgrade

131/20

RESOLVED on the motion of Crs Nadin and Griff

1.    That Council decline to accept the submitted tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with the  appropriate tenderers to provide the best value for money with a view to entering into contract(s) for the new roof, concrete slab and sports lighting for the Merimbula Basketball and Netball Courts Upgrade.

2.    That should the negotiations not result in a sufficiently reduced cost to meet the allocated budget a further review of the project scope, in conjunction with the Project Control Group, to find savings see the project within budget while delivering core project objectives and elements be undertaken.

3.    That authority is delegated to the General Manager to execute all necessary documentation in relation to RFT 23/20.

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

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

Against:                  Cr Bain

Absent:                    Cr McBain

11.3

RFT 31/20 Boating Facility Upgrades - Bermagui and Kalaru

132/20

RESOLVED on the motion of Crs Fitzpatrick and 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 GPM Marine Constructions Pty Ltd with a view to entering into a contract in relation to the subject matter of the tender as per Clause 178(3)(e).

2.    That authority is delegated to the General Manager to enter negotiations with GPM Marine Constructions Pty Ltd with based on the works as specified in RFT 31/20 Boating Facility Upgrades – Bermagui and Kalaru.

3.    That Council endorse the increased budget contribution as outlined in the Confidential Attachment.

4.    That authority is delegated to the General Manager to execute all necessary documentation.

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

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

Against:                  Cr Bain

Absent:                    Cr McBain

11.4

RFT 20/20 Reservoir Renewals

133/20

RESOLVED on the motion of Crs Fitzpatrick and Bain

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

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

Against:                  Nil

Absent:                    Cr McBain

134/20

RESOLVED on the motion of Crs Fitzpatrick and Bain

2.         That Council accept the tender from National Concrete Solutions in relation to the contract              for the works described in Tender RFT 20/20, in the amount of $159,274.00. subject to              variations, provisional sums and prime cost items.

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

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

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

Against:                  Nil

Absent:                    Cr McBain

11.5

Tathra Community Gardens tenure

135/20

RESOLVED on the motion of Crs Griff and Seckold

1.    That Council receive and note the report.

2.    That Council, as Crown Land Manager of the Tathra Beach Reserve (R79310), approve a five-year licence with an option for a further five years to Far South Coast Landcare Association for occupation of Tathra Beach Reserve (R79310) for establishment of a community garden, for the Crown Lands minimum annual licence fee increased annually by CPI.

3.    That Council make an application to NSW Department of Industry – Lands and Water pursuant to section 2.14 of the Crown Land Management Act 2016 (NSW) for the additional reserve purposes of community purposes to be added to Tathra Beach Reserve (R79310) to enable use of the reserve for a community garden.

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

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

Against:                  Nil

Absent:                    Cr McBain

11.6

Bega Valley Local Traffic Committee

136/20

RESOLVED on the motion of Crs Bain and Nadin

That Council adopt the recommendations of the Bega Valley Local Traffic Committee meeting of 3 June 2020 to be tabled at the 24 June 2020 Council meeting.

Coast to Kosci 240km Ultramarathon 4, 5 and 6 Dec 2020

A submission has been received from Ultra Marketing Pty Ltd and The Summit Track to hold the Coast to Kosci Ultramarathon commencing Friday 4 Dec 2020 5.30am at Boydtown Beach and finish at 3.30pm on Sunday 6 Dec 2020 at Charlottes 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 2020 Coast to Kosci subject to all formal approvals being received. A copy of the submission is attached. 

It is recommended:

1.    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 NSW Roads and Maritime Services (RMS) Traffic Control Manual.

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

3.    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 bushfires.

4.    That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

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

6.    That organisers have approved, and current public liability insurance of at least $20 million, indemnifying Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event and must be provided to the Local Traffic Committee prior to the event being held.

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

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

9.    That event organiser liaises with public transport operators.

Please follow link for Submission: https://begavalley.nsw.gov.au/page.asp?f=RES-JVN-72-66-37  

Accessible car park, Bruce Steer Pool

We have received a design layout of the Bruce Steer Pool Accessibility upgrade, which includes:

1.    Propose to line-mark car parking including two accessible car spaces as per the attached concept.

2.    The new amenities building (item 7 on the attached) and new concrete paths (item 2 on the attached) have been constructed recently. Note path areas were adjusted during site set-out to reduce the amount of concrete going into the reserve. All new concrete paths and cross-overs are accessible and the intention of the proposed accessible car parking is to serve the new amenities building and concrete pathways through the reserve.

It is recommended:

Council approve the installation of two accessible car spaces and shared zone in the car park, adjacent to the Bruce Steer Pool at Bermagui in the location as indicated on the draft concept plan.

Please follow link for Draft plan: https://begavalley.nsw.gov.au/page.asp?f=RES-ZDM-47-32-03

Accessible car park, Bermagui River car park

We have received a design layout of the Bermagui River Boat Ramp upgrade, which includes:

1.    New construction works include installation of a reinforced concrete boat ramp, installation of a floating pontoon and formalising the current car/trailer parking area.

2.    The path of travel from the accessible car park to the boat ramp is intended to be on an accessible grade; although the boat ramp itself is on a 1:7 grade.

It is recommended:

Council approve the installation of one accessible car space and shared zone adjacent to the Bermagui River car park at Bermagui in the location as indicated on the draft concept plan.

Please follow link for Draft plan: https://begavalley.nsw.gov.au/page.asp?f=RES-BVZ-38-23-04

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

Against:                  Nil

Absent:                    Cr McBain

11.7

EOI 43/20 Central Waste Facility Cell 4 Construction Civil Works

137/20

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.   That Council accepts the tender evaluation panel’s recommended shortlist, (RD Miller Pty       Ltd, Dale & Hitchcock Pty Ltd, Whelans Group Investments Pty Ltd) as outlined in the       Confidential attachment circulated separately to Councillor’s.

2.   That authority is delegated to the General Manager to undertake the select tender       process, award the tender and execute all necessary documentation.

3.   That the other EOI tenderers not shortlisted be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Cr McBain

11.8

RFT 40/20 Lake Street Shared Path Project - Construct Only Contract

138/20

RESOLVED on the motion of Crs Nadin and Bain

1.    That Council accept the recommendation as outlined in the confidential attachment.

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

Against:                  Nil

Absent:                    Cr McBain

139/20

RESOLVED on the motion of Crs Nadin and Bain

2.    That Council enter into a contract with GDB Excavations and Landscaping Pty Ltd based on its         tender submission for the value of $3,516,106.00 (including GST)

3.    That authority is delegated to the General Manager to enter negotiations with GDB         Excavations and Landscaping Pty Ltd with the view to further value engineer alternative         handrail options as requested in the tender documentation

4.    That authority is delegated to the General Manager that any underspend at the end of the         construction is reallocated to design and/or construction of project additions with the intent         to improve the overall project outcome

5.    That authority is delegated to the General Manager to execute all necessary documentation         in relation to RFT 40/20

6.    That the tenderers be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Cr McBain

12.1

Classification of land at Merimbula

140/20

RESOLVED on the motion of Crs Nadin and Bain

1.    That Council note the 28-day public notification process was completed regarding the proposal to classify Lot 233 DP 1263284 off Sapphire Coast Drive at Merimbula as operational land, with no submissions received.

2.    That Council resolve to classify Lot 233 DP 1263284 off Sapphire Coast Drive at Merimbula as operational land under Section 31 of the Local Government Act 1993 (NSW).

3.    That Council delegate authority to the General Manager to execute the necessary documentation to release or extinguish the restriction on the use of land benefiting Bega Valley Shire Council for Lot 233 DP 1263284.

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

Against:                  Nil

Absent:                    Cr McBain

17.1

Water trunk mains

A response to this item was provided in the Ordinary Council Meeting Agenda of 24 June 2020.

18.1

Bus Stop - Corner Merimbula Drive and Sapphire Crescent

Cr Nadin asked for a report to Council regarding alternative locations to the newly built bus stop on the corner of Merimbula Drive and Sapphire Crescent, and the process that would be required to have it moved, including cost.

The question was taken on notice by the Director of Assets and Operations.

18.2

QBRS Cash Holdings Clarification

Cr Nadin asked: on page 18 of Council’s recently adopted March quarterly budget review, it states Council started this current financial year on July 1, 2019 with a cash position of $82,887,000 broken into three areas: $57,850,632 in externally restricted funds, $12,033,596 in internally restricted funds, and $13,002,772 in unrestricted cash.

However, these figures from the QBR are apparently at odds with the 2019 financial statements (adopted in April), which on page 27 states that as of June 30, 2019 Council had the same gross cash amount of $82,887,000, but reported $79,644,000 in externally restricted cash, $3,243,000 in internally restricted cash, and zero unrestricted cash.

Can you explain this apparent discrepancy and confirm which of these figures is correct; and can you confirm if any externally restricted cash has been transferred into Council’s internally restricted or unrestricted cash holdings.

The question was taken on notice by the General Manager.

18.3

March QBRS Forecast

Cr Bain asked the March QBR forecast will have $552, 702.00 in its unrestricted cash reserve by next Tuesday. That means Council will have spent more than $12 million from the $13, 002, 772.00, Council reportedly had in its unrestricted reserve at the beginning of this financial year. Can you please provide detail or a statement of all income and expenditure of Councils unrestricted cash reserve.

The question was taken on notice by the General Manager.

19.1

Adjournment into Closed Session

141/20

RESOLVED on the motion of Crs Nadin and Bain

1.    That Council resolve to adjourn into Closed Session to discuss the following item:

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals.

That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

2.   That all staff, including the General Manager with exception of the minute secretary, depart        the meeting for the duration of Closed Session.

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

Against:                  Nil

Absent:                    Cr McBain

18.1

Resolution CL 141/20 from Item 1.1 General Manager’s Performance Review Report Closed Session 24 June 2020

142/20

RESOLVED on the motion of Crs Seckold and Bain  

That the resolution CL 141/20 of Item 1.1 of the Closed Session Meeting 24 June 2020 be noted:

        RESOLVED on the motion of Crs Seckold and Dodds

1.     That it be noted in the opinion of the Performance Review Committee, the General Manager, Leanne Barnes, is performing more than satisfactorily and the Councillors are appreciative of her commitment and dedication to the organisation and the Bega Valley community.

2.     That it be noted in the in the opinion of the Performance Review Committee, the General Manager, Leanne Barnes, did not meet expectations in the area of Finance.

3.     That for the Performance Review period the major projects and actions outlined in this report be endorsed as the General Manager’s priorities for 2020/21.

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

Against:              Nil

Abstained:         Crs Fitzpatrick and Allen

Absent:                Cr McBain

In favour:             Crs Seckold, Bain, Dodds, Tapscott and Nadin

Against:                  Nil

Absent:                    Cr McBain and Griff

ABSTAIN:                  Crs Fitzpatrick and Allen