Ordinary  Meeting Minutes

Held on Wednesday 25 November 2020

Via Zoom 2:00pm

Present Cr Russell Fitzpatrick , Mayor Cr Liz Seckold, Deputy Mayor Cr Tony Allen Cr Robyn Bain Cr Jo Dodds Cr Cathy Griff Cr Kristy McBain Cr Mitchell Nadin

In Attendance 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 Communications and Events, Ms Emily Harrison 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.

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.

Statement by the Mayor

I would like to acknowledge the outstanding effort by NSW Police and associated services supporting the recent border control.

From 5 July 2020 until  23 November 2020, NSW Police, and in the early days, ADF personnel and emergency services, have manned the Princes Highway checkpoint.

Chief Inspector Peter Volf and Acting Inspector Brad Ross and their team are to be congratulated on the way they have supported our community and done it with compassion, humour and understanding.

Whilst difficult communities on both sides of the border acknowledge the commitment and the support provided.

Bega Valley Shire Council welcomes visitors from Victoria back to our place, and look forward to us enjoying a COVID safe holiday season together.

1.	Apologies
	There were no apologies.

2.	Confirmation of Minutes
256/20	RESOLVED on the motion of Crs Allen and Bain That the Minutes of the Ordinary Meeting held on 11 November 2020 as circulated, be taken as read and confirmed. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

3.          Declarations

Non Pecuniary Interest

Cr Seckold declared a non-pecuniary and less than significant interest regarding Item 11.2 Bega Valley Shire Museums on the basis that she is a committee member of the Pig and Whistle Fleet Club Incorporated (upper level of Tathra Wharf) and a Council representative of Montreal Goldfields committee. 

Cr Seckold noted she would remain in the meeting and take part in debate or voting.

4.          Public Forum

Item 11.2 Bega Valley Museums

•    Ms Suzanne Voytas (via written submission)

                   •    Ms Jenny Drenkhahn (via audio visual link (Zoom))

•    Mr Shirley Bazley (via audio visual link (Zoom))

Item 11.3 Community Project Proposals

                   •    Mr Micheal Reynolds (via audio visual link (Zoom))

•    Mr Mark Darby (via audio visual link (Zoom))

•    Mr Peter O’Keefe (via audio visual link (Zoom))

•    Ms Tania Lingard (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

Cr Allen tabled a petition containing 547 signatures from residents of Cobargo to re-build and re-open a Public Toilet Facility at Cobargo.

Cr Fitzpatrick tabled a petition containing 22 signatures from the Alkolele community regarding traffic issues within the Alkolele neighbourhood.

Cr Nadin tabled a petition containing 159 signatures from Dolphin Cove Residents regarding Council to consider a leash-free zone at the Southern End of Dolphin Cove Beach.

The Petitions will be provided to all Councillors.

6.        Mayoral Minutes

There were no Mayoral  Minutes.

7.          Urgent Business

There was no Urgent Business.

8.          Staff Reports – Planning and Environment

There were no Planning and Environment reports.

9.          Staff Reports – Community, Culture and Leisure

9.1

Draft Disability Inclusion Action Plan 2021-2025

257/20

RESOLVED on the motion of Crs Nadin and Bain 1.     That Council resolve to publicly exhibit the draft Disability Inclusion Action Plan (Attachment 1) for a period of no less than 60 days to seek broader community feedback. 2.    That Council officers prepare a further report to Council following conclusion of the exhibition period. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

10.        Staff Reports – Economic Development and Business Growth

There were no Economic Development and Business Growth reports.

11.        Staff Reports – Infrastructure Waste and Water

11.1

Sportsground Facility Management Plans

258/20

RESOLVED on the motion of Crs Allen and Nadin 1.    That Council receive and note the information in the report. 2.    That Council endorse the Facility Management Plans for Dickinson Oval, Wolumla             Recreation Ground, Berrambool Sports Complex, Pambula Sporting Complex, George             Brown Oval, Barclay Street Sports Complex, Bega Sporting Complex, John Gordon Recreation         Reserve and Lawrence Park. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

11.2	Bega Valley Shire Museums
	Cr Seckold declared a non-pecuniary and less than significant interest regarding Item 11.2 Bega Valley Shire Museums on the basis that she is a committee member of the Pig and Whistle Fleet Club Incorporated (upper level of Tathra Wharf) and a Council representative of Montreal Goldfields committee.  Cr Seckold remained in the meeting and took part in debate and voting. A motion was moved by Cr Dodds and Seckold That the  item be deferred for further consideration at a Councillor workshop followed by potential consultation with representatives of all museums within the Shire. The motion was put to the vote and it was LOST In favour:             Crs Dodds, McBain and Seckold Against:                 Crs Fitzpatrick, Bain, Nadin, Griff and Allen A motion was foreshadowed by Crs Fitzpatrick and Bain 1.    That Council receive and note the report. 2.    That Council enter into a formal tenure arrangement with the Bega Valley Historical         Society Incorporated for their occupation of the Bega Pioneers’ Museum (being Lot 1 DP         787591) located at 87 Bega Street, Bega, for an annual rental fee in line with Council’s         adopted minimum fee. 3.    That Council approve further formal tenure for the Bega Valley         Genealogy Society Incorporated for their occupation of the Old Pambula Courthouse and         Police Station building within Reserve 180066 at Pambula for an annual fee in line with         Council’s adopted minimum fee. 4.    That Council, as Crown Land Manager of the Old Merimbula School site Reserve R84856,         resolve to enter into a further five year licence agreement with the Merimbula Imlay         Historical Society Incorporated for their continued occupation of the Old School House         Building located on Crown Reserve 84856 at Merimbula for a fee in line with Council’s         adopted minimum fee. 5.    That Council, as Crown Land Manager of the Old Merimbula School site Reserve R84856,         resolve to enter into a further five year licence agreement with the Merimbula Scout and         Guide Associations for their occupation of the Hall and section of land at the rear of Crown         Reserve 84856 at Merimbula for a fee in line with Council’s adopted minimum fee. 6.    That Council note that by reducing the fees charged for use of Council managed facilities         there will be budgetary implications. 7.    That Council authorise the General Manager and Mayor to execute the necessary         documentation to formalise the above course of action. 8.    That Council convene an initial meeting within 6 months to resolve with each committee,         maintenance issues and rental and to develop an ongoing maintenance schedule. 9.    That Council’s policy on Crown Land rentals is reviewed. 10.  That the lease agreement for tenants of museums within the Shire includes maintenance and         repairs as the responsibility of the tenants. The motion was put to the vote and it was CARRIED In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil An amendment to the foreshadowed motion was proposed by Cr Dodds 9.    That consultation with the tenants of the facilities be undertaken prior to The amendment was not accepted by Cr Fitzpatrick.
259/20	RESOLVED on the motion of Crs Fitzpatrick and Bain 1.    That Council receive and note the report. 2.    That Council enter into a formal tenure arrangement with the Bega Valley Historical         Society Incorporated for their occupation of the Bega Pioneers’ Museum (being Lot 1 DP         787591) located at 87 Bega Street, Bega, for an annual rental fee in line with Council’s         adopted minimum fee. 3.    That Council approve further formal tenure for the Bega Valley         Genealogy Society Incorporated for their occupation of the Old Pambula Courthouse and         Police Station building within Reserve 180066 at Pambula for an annual fee in line with         Council’s adopted minimum fee. 4.    That Council, as Crown Land Manager of the Old Merimbula School site Reserve R84856,         resolve to enter into a further five year licence agreement with the Merimbula Imlay         Historical Society Incorporated for their continued occupation of the Old School House         Building located on Crown Reserve 84856 at Merimbula for a fee in line with Council’s         adopted minimum fee. 5.    That Council, as Crown Land Manager of the Old Merimbula School site Reserve R84856,         resolve to enter into a further five year licence agreement with the Merimbula Scout and         Guide Associations for their occupation of the Hall and section of land at the rear of Crown         Reserve 84856 at Merimbula for a fee in line with Council’s adopted minimum fee. 6.    That Council note that by reducing the fees charged for use of Council managed facilities         there will be budgetary implications. 7.    That Council authorise the General Manager and Mayor to execute the necessary         documentation to formalise the above course of action. 8.    That Council convene an initial meeting within 6 months to resolve with each committee,         maintenance issues and rental and to develop an ongoing maintenance schedule. 9.    That Council’s policy on Crown Land rentals is reviewed. 10.  That the lease agreement for tenants of museums within the Shire includes maintenance and         repairs as the responsibility of the tenants. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

11.3

Community Project Proposals

260/20

RESOLVED on the motion of Crs Bain and Nadin 1.    That Council note the report and the attached Community Project Proposal summary. 2.    That Council note the proposal for the Interpretive Panels at Tathra foreshore has been given in principle support by Council, noting no further funding is available from Council. 3.    That the proposal for wharf to wharf walk from Tathra to Merimbula be provided in principle support, subject to grant funding submissions, and consultation and support by all stakeholders / land managers. 4.    That the proposal for Candelo John Gordon Recreational Reserve building upgrades, be provided in principle support by Council subject to external grant funding. 5.    That the proposal for Berrambool Sporting Complex Australian Rules oval scoreboard upgrade, be provided in principle support to enable grant funding submissions, noting ongoing operational costs and future asset renewal by the applicant. 6.    That the proposal for Barclay Street Sporting Complex Australian Rules oval scoreboard upgrade, be provided in principle support to enable grant funding submissions, noting ongoing operational costs and future asset renewal by the applicant. 7.    That Council note the proposal for Towamba Playground and surrounding facilities upgrade has been provided in principle support by Council staff and is dependent on external resourcing. 8.    That Council note the proposal for Tathra skatepark repairs, has been provided in principle support by Council staff and is dependent on external grant funding. 9.    That the proposal for the memorial boulder at Glebe Park Lagoon Reserve be deferred pending development of a Memorials in Public Places Procedure. 10.  That the proposal for beach access path at Dolphin Cove Tura Beach, be provided Council support with all costs to be funded by the applicant. The item regarding the naming of the path to be deferred to be considered after Memorials in Public Place Procedure development. 11.  That the proposal for Long Point viewing be given in principle support for existing path areas subject to due diligence and Native Title assessments and relevant approvals. All project costs to be funded by the applicant. 12.  That the Wonboyn Road Walkway be provided in principle support for the concept to enable further project development in consultation with Council staff with a view to keeping new assets and structures to a minimum to enable external funding applications to be submitted, and required planning approvals. 13.  That it is noted that the Cobargo Build Back Better Projects include several major projects across multiple property parcels and that they are prioritised by the applicant in conjunction with relevant BVSC asset owners for submission of separate proposals for each project. 14.  That Council note several community project proposals have been received since preparation of the business paper seeking support for Bushfire Local Economic Recovery Fund applications. 15.  That Council delegate the General Manager to make decisions on Community Project Proposals seeking support for Bushfire Local Economic Recovery Fund applications noting support will only be provided where there is no additional financial burden to Council through taking on new assets or programs unless already identified as a priority project of Council. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

11.4	RFT 2021/38 Structural Stormwater Relining and Cleaning, Bega and Surrounds
261/20	RESOLVED on the motion of Crs Bain and Allen 1.    That Council accept the recommendation outlined in the Confidential attachment. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil
262/20	RESOLVED on the motion of Cr Bain and Allen 2.         That Council accept the alternate tender submission from M. Tucker and Sons PTY LTD in              relation to contract for the works described in Tender RFT 2021/38, in the amount of              $160,006.14 (including GST), subject to variations, provisional sums and prime cost items.              This is subject to the border restrictions being lifted to enable the contractor to complete              the works. 3.         That Council delegate to the General Manager authority to award the tender and execute              all necessary documentation. 4.         That Council officers advise unsuccessful tenderers of Council’s decision. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

11.5

Merimbula Airport - Infrastructure Upgrades Progress Report

263/20

RESOLVED on the motion of Crs Bain and Allen 1.    That Council receive and note this report on the update and progress of the key infrastructure projects at Merimbula Airport. 2.    That Council note and endorse the commencement of the program and packaging strategy for the delivery of the key infrastructure projects at Merimbula Airport. 3.    That Council note the current projected funding shortfall for the Runway Extension Project and actively lobby the State and Federal Government to assist in funding this gap. 4.    That Council note the impacts of the Bio-Diversity Offsets on the project and actively lobby the State Government to cover this cost of the project. 5.    That Council note the current project risks and mitigation for the delivery of these key infrastructure projects at Merimbula Airport. 6.    That Council endorse the previously resolved loans program for the Airport Terminal Upgrade        of $2.0m and resolve to further increase the loan up to a total of $4.4m (inclusive of the   previously endorsed $2.0m) to offset the projected Runway Extension shortfall with a           further report to be provided to Council once the program is finalised. 7.   Council advocate to the Federal Government through the Department of Home Affairs that Merimbula Airport remain a Tier 3 Airport and remain exempt from security screening, 8.    That Council seek the Federal Government to omit the requirement of the passenger and screening equipment for the current funding deed. 9.    That Council continue to lobby the State and Federal Government to adopt a sustainable model for security screening of Regional Airport that cover both the capital and ongoing operational costs of screening. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

12.        Staff Reports – Governance and Strategy

12.1	2019-20 Annual Report
264/20	RESOLVED on the motion of Crs McBain and Dodds That the 2019-20 Annual Report be endorsed and published on Council’s website, hard copies be placed in Council’s libraries and notification of publication sent to the NSW Office of Local Government. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

12.2	Code of Conduct Statistical Reporting 2019/20
265/20	RESOLVED on the motion of Crs McBain and Dodds That Council note the report to Office of Local Government regarding Code of Conduct Statistics. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

13.        Staff Reports – Finance

13.1	September QBRS and FY21 Operational Plan Amendments
266/20	RESOLVED on the motion of Crs Allen and Dodds 1.    That Council receive and note the September 2020 Quarterly Budget Review Statement. 2.    That the budget recommendations detailed in the September 2020 quarterly budget   review statement be adopted. 3.    That the proposed amendments to the 2020/2021 Operational Plan be adopted as outlined at Attachment A.  4.    That Council resolve to request staff to move on the work already commenced on         reviewing Council’s loan borrowings in sewer and general fund through consolidation and          refinancing applying a good business approach. An amendment to the motion was proposed by Cr Nadin That Council note that the recommendations from the Morrison Low Baseline review will be considered for incorporation into the December Quarterly Budget Review and continued improvements in the model will also be included, which is likely to have a positive impact on the cash projections. The amendment was not accepted by Cr Allen. The motion was put to the vote and it was CARRIED In favour:             Crs Fitzpatrick, Griff, McBain, Seckold, Dodds and Allen Against:                  Crs Bain and Nadin A motion was foreshadowed by Cr Bain 1.    That Council withhold the quarterly budget review until the review by Morrison Low is         completed.           2.    That Council resolve to request staff to move on the work already commenced on         reviewing Council’s loan borrowings in sewer and general fund through consolidation and          refinancing to take a good business approach.
267/20 NOTE Resolution 267/20  in Original Minutes Published on 25/11/20 indicated incorrect voting Corrections are  indicated in Red	RESOLVED on the motion of Crs Allen and Dodds 1.    That Council receive and note the September 2020 Quarterly Budget Review Statement. 2.    That the budget recommendations detailed in the September 2020 quarterly budget   review statement be adopted. 3.    That the proposed amendments to the 2020/2021 Operational Plan be adopted as outlined at Attachment A.  4.    That Council resolve to request staff to move on the work already commenced on         reviewing Council’s loan borrowings in sewer and general fund through consolidation and          refinancing applying a good business approach. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil In favour:             Crs Fitzpatrick, Griff, McBain, Seckold, Dodds and Allen Against:                  Crs Bain and Nadin

13.2

Certificate of Investment

268/20

RESOLVED on the motion of Crs McBain and Allen 1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 October 2020. 2.    That Council note the certification of the Responsible Accounting Officer. 3.   That Council revoke the Cash Management and Investment Strategy (6.07.3). In favour:            Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

14.      Councillor Reports

There were no Councillor reports.

15.      Rescission/alteration Motions

There were no Rescission/alteration Motions.

16.      Notices of Motion

16.1

Brogo Dam

269/20

RESOLVED on the motion of Crs Allen and Fitzpatrick 1.   Council acknowledge the additional $2 billion announced in the recent Federal Budget towards water infrastructure. 2.   Council advocate to the Federal Government to allocate future funding towards regional water supply and security improvements, specifically raising of the Brogo Dam Wall. 3.   Council advocate to the NSW Government to have planning and funding of the Brogo Dam wall raising prioritised and fast tracked and request the NSW Government to advocate to the Federal Government for support funding for this project. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against:                  Nil

17.      Questions with Notice

There were no Questions with Notice.

18.        Questions without Notice

18.1	Painting of Water Tank in Merimbula
	Cr Allen asked if it is possible to paint the Water Tank located on the entrance into Merimbula. The question was taken on notice by the Director Assets and Operations.

18.2	Eden Lime Incident - Contractor Engagement
	Cr Bain asked if Council has engaged Stabilco in any other works. The Director Assets and Operations advised that the company has been engaged as they are one of the few contractors that can provide this service.

18.3	Affordable Housing Strategy
	Cr Griff asked for an update on the release time of the Affordable Housing Strategy. Dr Howe responded indicating that the QBRS item now resolved confirms the work will commence and it is expected to be commenced in 2021 and completed in 2021/2022.

18.4	Cycle Strategy
	Cr Griff asked for an update on Council’s Cycle Strategy. The Director Assets and Operations responded advising it is titled “The Bike Plan” and it is available on Council’s website. The report was adopted by Council prior to 2014/15 and he (Mr McMahon) would have to review any timeframe for updates as this is not currently a priority.

18.3	Eden Lime Incident – Contractor Engagement (secondary question)
	Cr Bain asked whether consideration has been given to the impact of contracting the company. The question was taken on notice by the Director Assets and Operations.

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 4:02 pm.

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 25 November 2020.