Ordinary Meeting Minutes
Held on Wednesday 28 October 2020
Via Zoom at 2:00pm
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PresentCr Russell Fitzpatrick, Mayor Cr Liz Seckold, Deputy Mayor Cr Tony Allen Cr Robyn Bain Cr Jo Dodds Cr Cathy Griff
Cr Mitchell Nadin |
In AttendanceGeneral Manager, Ms Leanne Barnes Director, Assets and Operations, Mr Anthony McMahon Director, Community, Environment and Planning, Dr Alice Howe Director, Business and Governance, Ms Iliada Bolton Project Lead – Recovery, Rebuilding and Resilience, Mr Chris Horsburgh Manager, Communication and Events, Ms Emily Harrison 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. 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.
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 |
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245/20 |
RESOLVED on the motion of Crs Seckold and Allen That the absence of Cr Kristy McBain for the Council Meeting of 28 October 2020 be noted, and the absence of Cr Bain and Cr Dodds (via video) be noted. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain, McBain and Dodds
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2. |
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246/20 |
RESOLVED on the motion of Crs Allen and Nadin That the Minutes of the Ordinary Meeting and Closed session held on 7 October 2020 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain, McBain and Dodds
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2:02pm Cr Bain joined the meeting
2:02pm Cr Dodds joined the meeting via video
3. Declarations
Non-Pecuniary Interest
Cr Bain declared a non-pecuniary interest regarding Item 6.1 Support for Land Based Services at Snug Cove Eden on the basis that her husband is the Secretary of the Port of Eden Marina Group which has worked for the last ten years on developing an attenuator and marina for Snug Cove. None of the Members of the group have a financial interest in any development of the Port. Cr Bain will remain in the meeting room and take part in debate or voting.
Report by Mayor of deputations heard prior to the meeting
Item 11.6 Merimbula Skatepark – Proposed Location
• Mr Peter O’Keefe on behalf of Sapphire Coast Skatepark Association (Authority Received)
• Ms June McPhie
· via audio visual link (Zoom)
Item 16.1 Temporary Reduction Venue Hire Fees - BVCCC
• Mr Daniel Doody on behalf of Dreamcoat Theatre Productions
· via audio visual link (Zoom)
The comments and addresses from these requests were circulated to Councillors and are available on Council’s website.
5. Petitions
There were no petitions.
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6.1 |
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Cr Bain declared a non-pecuniary interest regarding Item 6.1 Support for Land Based Services at Snug Cove Eden on the basis that her husband is the Secretary of the Port of Eden Marina Group which has worked for the last ten years on developing an attenuator and marina for Snug Cove. None of the Members of the group have a financial interest in any development of the Port. Cr Bain remained in the meeting and took part in debate or voting.
A motion was moved by Crs Fitzpatrick and Nadin
That Council 1. Note support for the continued provision of hospitality services at Snug Cove. 2. Continue to engage with commercial tenants affected by the recent closure of the Marine Discovery Centre to support them in their decision-making about the future of their businesses 3. Engage with the Minister for Transport, Port Authority, Crown Lands and local businesses about preferred options to establish short-term, temporary retail premises at Snug Cove, and longer-term options for the Marine Discovery Centre site.
An amendment to the motion was proposed by Cr Bain
That Council 1. Note support for the continued provision of hospitality services at Snug Cove. 2. Continue to engage with commercial tenants affected by the recent closure of the Marine Discovery Centre to support them in their decision-making about the future of their businesses 3. Engage with the Minister for Transport, Port Authority, Crown Lands and local businesses about preferred options to establish short-term, temporary retail premises at Snug Cove, and longer-term options for the Marine Discovery Centre site. 4. For Council to support a community led response to the future development to the Port of Eden through input to the State Government’s Special Activation precinct process
The amendment was accepted by Crs Fitzpatrick and Nadin |
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247/20 |
RESOLVED on the motion of Crs Fitzpatrick and NadinThat Council: 1. Note support for the continued provision of hospitality services at Snug Cove. 2. Continue to engage with commercial tenants affected by the recent closure of the Marine Discovery Centre to support them in their decision-making about the future of their businesses 3. Engage with the Minister for Transport, Port Authority, Crown Lands and local businesses about preferred options to establish short-term, temporary retail premises at Snug Cove, and longer-term options for the Marine Discovery Centre site. 4. For Council to support a community led response to the future development to the Port of Eden through input to the State Government’s Special Activation precinct process In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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7. Urgent Business
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7.1 |
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248/20 |
RESOLVED on the motion of Crs Bain and Dodds That Council: 1. Note the proposal for the Quaama Bushfire Relief Centre to operate from a temporary demountable building to be located on the grounds of the Quaama Hall for a period of between six and twelve months, and through this to enable the hall to be more fully available for community use. 2. Note the background information on actions and considerations by Council staff in response to the proposal, including outcomes of the related community consultation and proposed conditions to ensure appropriate management and remediation occur. 3. Resolve to approve the proposal. 4. Delegate to the General Manager and Mayor authorisation to execute a formal Deed of Agreement setting out the terms and conditions for the Quaama Bushfire Relief Centres operating from a demountable on the Quaama School of Arts land parcel being Lot 1 Sec 3 DP 758860 for a period of six months with an option for a further two six month extensions as detailed in this report In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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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
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10.1 |
BCRRF Funding - Phase 2 Stream 1 and Waste-wise Event Grants |
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249/20 |
RESOLVED on the motion of Crs Dodds and SeckoldThat Council: 1. Note the summary of the projects for Phase Two of the Bushfire Community Recovery and Resilience Fund (Stream 1) that was submitted prior to the closing date on 27 October 2020. 2. Resolve not to deliver a waste-wise events grant round in financial year 2021. 3. Contribute $30,000 from the waste-wise events grant fund to the Black Summer community commemoration grant program. 4. Award $25,000 to support New Year’s Eve events in Merimbula ($20,000) and Eden ($5,000), from the FY2021 waste-wise events grant fund. 5. Award $10,000 to support the 2021 Bermagui Sculpture event, from the FY2021 waste-wise events grant fund. 6. Award $5,000 to support Eat Merimbula 2021, from the FY2021 waste-wise events grant fund. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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11. Staff Reports – Infrastructure Waste and Water
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11.1 |
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250/20 |
RESOLVED on the motion of Crs Bain and Allen1. That Council note the 28-day public notification process has been completed regarding the proposal to classify Lot 2 DP 1262460 at 14 Barrabooka Road, Tanja as Operational land, with no submissions received. 2. That Council resolve to classify Lot 2 DP 1262460 at 14 Barrabooka Road, Tanja as Operational land under Section 31 of the Local Government Act 1993. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain |
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11.2 |
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251/20 |
RESOLVED on the motion of Crs Nadin and BainThat this item be deferred for a further report to be brought to Council at a later date. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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11.3 |
Public Exhibition of Draft Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan |
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252/20 |
RESOLVED on the motion of Crs Bain and Dodds 1. That Council note the draft Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan, which are available at: · Merimbula Floodplain Risk Management Plan Revision 1 https://begavalley.nsw.gov.au/page.asp?f=RES-NDI-53-47-18 · Merimbula Floodplain Risk Management Study Maps Rev 1 https://begavalley.nsw.gov.au/page.asp?f=RES-BOW-68-53-34 · Merimbula Floodplain Risk Management Study Report Rev 1 https://begavalley.nsw.gov.au/page.asp?f=RES-XZO-77-61-43 2. That Council resolve to place the draft Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan on public exhibition for not less than 28 days. 3. That a further report be submitted to Council if there are material changes arising from the public exhibition process. 4. That Council officers finalise the Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan following the public exhibition period if there are no material changes arising from that consultation. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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11.4 |
Proposed telecommunication lease at the Tura Beach reservoir site |
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253/20 |
RESOLVED on the motion of Crs Bain and Griff1. That Council receive and note the report. 2. That Council approve tenure of 20 years in the form of 4 x 5-year leases to the NSW Telco Authority for its proposed land lease of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental as determined by a registered Valuer. 3. That the NSW Telco Authority or its representative, Visionstream Australia Pty Ltd, be responsible for the payment of all costs associated with the lease. 4. That Council authorise the General Manager and Mayor to execute all necessary documentation to provide tenure of 20 years. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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11.5 |
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A motion was moved by Crs Allen and Fitzpatrick
1. That Council receive and note the report. 2. That Council provide formal notice for a period of three months to NSW Land and Housing Corporation of its intention to divest its share of Lot 2 DP 1027919, being Narira Village Complex in Cobargo, to NSW Land and Housing Corporation, for the amount of $278,000 as determined by the Valuer General in July 2019, which includes registration of a Restrictive Covenant that the land only be used for community housing purposes. 3. Should NSW Land and Housing Corporation not accept Council’s offer to purchase its share of Lot 2 DP 1027919, Council appoint a suitably qualified Real Estate Agent by competitive quotation process to represent Council’s interests in divesting Lot 2 DP 1027919 by public auction or private treaty to an accredited community housing provider, which includes registration of a Restrictive Covenant that the land only be used for community housing purposes. 4. That, if a Real Estate Agent is appointed, Council delegate authority to the General Manager to enter into a suitable Agency Agreement with the successful Real Estate Agent upon completion of the competitive quotation process for the marketing, sale negotiation and transactional settlement for the above-mentioned land parcel. 5. That Council’s legal fees to finalise this matter be funded from the proceeds of sale. 6. That Council: A. Consolidate funds raised through the divestment with the current Council Narira reserve balances and any additional community held funds linked to the Narira Village Complex as a contribution towards a future community housing development on the Narira site in Cobargo. B. Delegate the General Manager to identify and implement appropriate measures to ensure the funds held for Narira Village complex and as a result of the sale of Narira village can only be used for the purpose of additional development on the site for community housing with a sunset clause of 5 years following which the funds would be available to projects across the shire for provision of community housing.
C. Transfer the balance of $42,238.72 for the ongoing operation/maintenance and renewal of the Narira facility to NSW Land and Housing Corporation or another accredited community housing provider that purchases Council’s share in the property. 7. That Council authorise its official seal to be affixed to the contract documents under the signature of the Mayor and General Manager.
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254/20 |
RESOLVED on the motion of Cr Allen and Fitzpatrick1. That Council receive and note the report. 2. That Council provide formal notice for a period of three months to NSW Land and Housing Corporation of its intention to divest its share of Lot 2 DP 1027919, being Narira Village Complex in Cobargo, to NSW Land and Housing Corporation, for the amount of $278,000 as determined by the Valuer General in July 2019, which includes registration of a Restrictive Covenant that the land only be used for community housing purposes. 3. Should NSW Land and Housing Corporation not accept Council’s offer to purchase its share of Lot 2 DP 1027919, Council appoint a suitably qualified Real Estate Agent by competitive quotation process to represent Council’s interests in divesting Lot 2 DP 1027919 by public auction or private treaty to an accredited community housing provider, which includes registration of a Restrictive Covenant that the land only be used for community housing purposes. 4. That, if a Real Estate Agent is appointed, Council delegate authority to the General Manager to enter into a suitable Agency Agreement with the successful Real Estate Agent upon completion of the competitive quotation process for the marketing, sale negotiation and transactional settlement for the above-mentioned land parcel. 5. That Council’s legal fees to finalise this matter be funded from the proceeds of sale. 6. That Council: A. Consolidate funds raised through the divestment with the current Council Narira reserve balances and any additional community held funds linked to the Narira Village Complex as a contribution towards a future community housing development on the Narira site in Cobargo. B. Delegate the General Manager to identify and implement appropriate measures to ensure the funds held for Narira Village complex and as a result of the sale of Narira village can only be used for the purpose of additional development on the site for community housing with a sunset clause of 5 years following which the funds would be available to projects across the shire for provision of community housing.
C. Transfer the balance of $42,238.72 for the ongoing operation/maintenance and renewal of the Narira facility to NSW Land and Housing Corporation or another accredited community housing provider that purchases Council’s share in the property. 7. That Council authorise its official seal to be affixed to the contract documents under the signature of the Mayor and General Manager. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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11.6 |
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Cr Fitzpatrick declared a pecuniary interest regarding Item 11.6 Merimbula Skatepark – Proposed Location on the basis that he is a director of Sapphire Life Opportunities, who have an interest in developing a skatepark in the Berrambool Area. Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item. 2:49pm Cr Fitzpatrick left the meeting. 2:49pm Cr Seckold assumed the chair as Deputy Mayor.
A motion was moved by Cr Nadin
1. That Council receive and note the information in the report and attachments, including responses and feedback received from the community consultation process. 2. That Council defer location selection of the proposed skatepark for consideration at a further community consultation and councillor workshop. 3. That Council officers thank those that provided input through the consultation process for their contribution. 4. That Council allocate $20,000 in the 2022 budget for the design costs for the proposed skatepark in Merimbula. An amendment to Cr Nadin’s motion was proposed by Cr Dodds 1. That Council receive and note the information in the report and attachments, including responses and feedback received from the community consultation process. 2.
That Council defer location selection of the proposed skatepark for
consideration at a 3. That Council officers thank those that provided input through the consultation process for their contribution. 4. That
Council
The amendments were accepted by Cr Nadin A motion was moved by Crs Nadin and Dodds 1. That Council receive and note the information in the report and attachments, including responses and feedback received from the community consultation process. 2.
That Council defer location selection of the proposed skatepark for consideration
at a 3. That Council officers thank those that provided input through the consultation process for their contribution. 4. That Council refer consideration of $20,000 to the 2022 budget process for the design costs for the proposed skatepark in Merimbula. The motion was put to the vote and it was CARRIED In favour: Crs Nadin, Griff, Seckold and Dodds Against: Crs Bain and Allen Absent: Crs McBain and Fitzpatrick
A motion was foreshadowed by Cr Bain
1. That Council receive and note the information in the report and attachments, including responses and feedback received from the community consultation process. 2. That Council recognise that there are differing views in the community and acknowledge that a site needs to be selected. 3. That Council endorse the site at Ford Park as the preferred site for a new skatepark in Merimbula. 4. That Council officers thank those that provided input through the consultation process for their contribution
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255/20 |
RESOLVED on the motion of Crs Nadin and Dodds1. That Council receive and note the information in the report and attachments, including responses and feedback received from the community consultation process. 2.
That Council defer location selection of the proposed skatepark for
consideration at a 3. That Council officers thank those that provided input through the consultation process for their contribution. 4. That Council refer consideration of $20,000 to the 2022 budget process for the design costs for the proposed skatepark in Merimbula. In favour: Crs Nadin, Griff, Seckold and Dodds Against: Crs Bain and Allen Absent: Crs Fitzpatrick and McBain
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3:18pm Cr Fitzpatrick returned to the meeting and resumed the chair as Mayor.
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11.7 |
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256/20 |
RESOLVED on the motion of Crs Bain and Allen 1. That Council accept the tender evaluation recommendations as outlined in Confidential Attachment 1. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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257/20 |
RESOLVED on the motion of Crs Bain and Dodds2. That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with Symal Infrastructure for RFT 2021-42 Towamba - Burragate Road Upgrade, with a view to entering into contracts in relation to the subject matter of the tenders as per Clause 178(3)(e). 3. That Council delegate to the General Manager authority to enter contract negotiations with Symal Infrastructure to obtain an acceptable offer for the delivery of the Towamba - Burragate Road Upgrade. 4. That should contract negotiations prove to be unsuccessful; Council delegate to the General Manager authority to enter contract negotiations with the other Tenderers to obtain an acceptable offer for the delivery of the Towamba - Burragate Road Upgrade. 5. That Council delegate to the General Manager authority to execute all necessary contract documentation. 6. That Council note the current project budget and available project contingency to deliver the project. 7. That Council officers advise all tenderers of Council’s decision. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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12. Staff Reports – Governance and Strategy
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12.1 |
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258/20 |
RESOLVED on the motion of Crs Dodds and GriffThat Council: 1. Receive and note the recommendations of the NSW Bushfire Inquiry, dated 31 July 2020. 2. Note the breadth of the Inquiry’s Terms of Reference and acknowledge that Local Government is a key stakeholder with many other agencies. 3. On review of the recommendations, considers 28 of the recommendations to have an impact on Bega Valley Shire Council’s role in response to any future bushfire events. 4. Appropriately engage with other lead agencies who will progress recommendations outside of the remit of Council to better understand implications for our communities. 5. Acknowledge the work of staff to better equip Council for future natural disasters. 6. Confirm support for the initiatives Council has a role in delivering, as a result of the NSW Government’s in-principle acceptance of the Bushfire Inquiry’s recommendations. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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13. Staff Reports – Finance
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13.1 |
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259/20 |
RESOLVED on the motion of Crs Allen and Dodds1. That Council receive and note the attached reports indicating Council’s investment position as at 31 August 2020. 2. That Council note the certification by the Responsible Accounting Officer. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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13.2 |
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260/20 |
RESOLVED on the motion of Crs Dodds and Bain1. That Council receive and note the attached reports indicating Council’s investment position as at 30 September 2020. 2. That Council note the certification of the Responsible Accounting Officer. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr McBain
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There were no Councillor reports.
15. Rescission/alteration Motions
There were no Rescission/alteration motions.
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16.1 |
Temporary Reduction in Venue Hire Fees - Bega Valley Commemorative Civic Centre (BVCCC) |
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A motion was moved by Crs Nadin 1. That Council temporarily reduce the cost of venue hire for not-for-profit community organisations of the Bega Valley Commemorative Civic Centre (BVCCC) by 50 per cent to reflect the restricted capacity of the venue under the relevant Public Health Orders. An amendment was proposed by Cr Griff 1. That Council temporarily reduce the cost of venue hire for not-for-profit community organisations of the Bega Valley Commemorative Civic Centre (BVCCC) by 50 per cent to reflect the restricted capacity of the venue under the relevant Public Health Orders. 2. That in addition to a reduction of fees, Council staff consider other options that may additionally facilitate greater utilisation of Bega Valley Commemorative Civic Centre (BVCCC) by community groups and not-for-profit community organisations and report back to Council on these options. The amendment was accepted by Cr Nadin A motion was moved by Crs Nadin and Griff 1. That Council temporarily reduce the cost of venue hire for not-for-profit community organisations of the Bega Valley Commemorative Civic Centre (BVCCC) by 50 per cent to reflect the restricted capacity of the venue under the relevant Public Health Orders. 2. That in addition to a reduction of fees, Council staff consider other options that may additionally facilitate greater utilisation of Bega Valley Commemorative Civic Centre (BVCCC) by community groups and not-for-profit organisations and report back to Council on these options. The motion was put to the vote and it was CARRIED In favour: Crs Nadin, Griff, Seckold and Dodds Against: Crs Bain, Allen and Fitzpatrick Absent: Cr McBain
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261/20 |
RESOLVED on the motion of Crs Nadin and Griff 1. That Council temporarily reduce the cost of venue hire for not-for-profit community organisations of the Bega Valley Commemorative Civic Centre (BVCCC) by 50 per cent to reflect the restricted capacity of the venue under the relevant Public Health Orders. 2. That in addition to a reduction of fees, Council staff consider other options that may additionally facilitate greater utilisation of Bega Valley Commemorative Civic Centre (BVCCC) by community groups and not-for-profit organisations and report back to Council on these options. In favour: Crs Nadin, Griff, Seckold and Dodds Against: Crs Fitzpatrick, Bain and Allen Absent: Cr McBain
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17.1 |
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A response to Cr Dodds’ question with notice was provided as a report to the Agenda of the Ordinary Council Meeting of 28 October 2020. |
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17.2 |
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A response to Cr Bains’ question with notice was provided as a report to the Agenda of the Ordinary Council Meeting of 28 October 2020. |
18. Questions without Notice
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18.4 |
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Cr Bain asked could staff advise when the meeting between the Mayor, staff and residents of Eden will occur. The question was taken on notice by the Director Business and Governance, Mrs Bolton. |
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 4:15 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 28 October 2020.