Ordinary  Meeting Minutes

Held on Wednesday 16 December 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

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.

1.

Apologies

 

There were no apologies.

 

 

 

 

 

2.

Confirmation of Minutes

270/20

RESOLVED on the motion of Crs Dodds and Seckold

1.    That the Minutes of the Ordinary Meeting held on 25 November 2020 as circulated, be taken         as read, with an amendment to Item 13.1 where indicated in red below:

 

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

Against:                  Nil

 

3.          Declarations

Pecuniary Interest

Cr Fitzpatrick declared a pecuniary interest regarding Item 13.2 RFT 2021-45 Provision of Financial Services on the basis that he is a Director of Pambula and Community Bank Limited, the owner of the licence to operate the Pambula and Bega Branches.

Cr Fitzpatrick will leave the meeting and take no part in debate or voting.

 

Non-Pecuniary Interest

Cr Seckold declared a non-pecuniary and less than significant interest regarding Confidential Closed Session Agenda Item 19.1 Trunk Main Water Supply – request for leniency on water charges account on the basis that she has had a long term volunteer working association with the complainant over four incorporated groups.

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

 

Cr McBain declared a non-pecuniary and less than significant interest regarding Item 16.2 Proposed Dog Off Leash - North Tura Beach on the basis that she is a resident of Tura Beach.

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

 

 

4.          Public Forum

Item 8.1 Outcome of exhibition of amendment to Bega Valley Development Control Plan 2013 – Aboriginal Heritage

                   •    Mr Ross Mackay

·         via audio visual link (Zoom)

Item 8.2 Planning proposal to permit dwellings on deemed concessional lots

                   •    Mr Garret Barry

·      Mr Robert Pelnens

·         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.

6.        Mayoral Minutes

 

 There were no Mayoral Minutes.

 

Statement by the Mayor

The Mayor made a statement regarding the passing of previous Councillor Moira Collins and conveyed his thoughts to her family and friends

Mayor Fitzpatrick attended the Council Staff Development Day on Thursday 10 December, and noted 30 years of the service of Mr Phillip Summerell, Phillip Strickland and Alan Smith.

Mayor Fitzpatrick wished everyone a Merry Christmas.

 

 

 

 

 

 

 

 

 

 

 

 

7.          Urgent Business

7.1

Air Services – Confidential Closed Session

 

Cr Fitzpatrick tabled a late confidential matter regarding Air Services to be considered in Closed Session.

 

271/20

RESOLVED on the motion of Crs Allen and Bain

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

1.1       Air Services

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 (d) commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

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

Against:                  Nil

 

 

8.          Staff Reports – Planning and Environment

 

8.1

Outcome of exhibition of amendment to Bega Valley Development Control Plan 2013 - Aboriginal Heritage

 

A motion was moved by Crs Seckold and Dodds

1.         That Council resolve to adopt the amendment to the Bega Valley Shire Development Control Plan 2013 (Attachment 1).

2.         That the adoption of the amendment to Bega Valley Development Control Plan 2013 be notified in accordance with Environmental Planning and Assessment Regulation 2000.

3.            That those who made submissions be notified of Council’s decision

A  motion was foreshadowed by Cr Bain

1.            That Council resolve not to adopt the amendment.

2.            That those who made submissions be notified of Council’s decision.

272/20

RESOLVED on the motion of Crs Seckold and Dodds

1.         That Council resolve to adopt the amendment to the Bega Valley Shire Development Control Plan 2013 (Attachment 1).

2.         That the adoption of the amendment to Bega Valley Development Control Plan 2013 be notified in accordance with Environmental Planning and Assessment Regulation 2000.

3.         That those who made submissions be notified of Council’s decision.

In favour:             Crs Fitzpatrick, Griff, McBain, Seckold and Dodds

Against:                  Crs Bain, Nadin and Allen

 

 

8.2

Planning proposal to permit dwellings on deemed concessional lots

273/20

RESOLVED on the motion of Crs Allen and Griff

That Council:

1.    Authorise Council officers to submit the planning proposal (Attachment 1) and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

2.    Consider a further report from staff in relation to feedback received during public and agency         exhibition undertaken as part of the Gateway process.

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

Against:                  Nil

 

 

8.3

Inclusion of new Natural Disasters Clause in Bega Valley Local Environmental Plan 2013

274/20

RESOLVED on the motion of Crs McBain and Bain

That Council provide formal confirmation to the Department of Planning, Industry and Environment that it wishes to incorporate the Natural Disasters Clause into Bega Valley Local Environmental Plan 2013.

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

Against:                  Nil

 

9.          Staff Reports – Community, Culture and Leisure

 

9.1

Bega War Memorial Swimming Pool Concept Plan

275/20

RESOLVED on the motion of Crs Bain and McBain

1.    The report be received and noted.                                                                                      

2.   Council endorse the attached Draft Bega War Memorial Pool Concept Plan, as exhibited with the Draft Swimming Pools Strategy 2019.

3.    Council permit Council officers to proceed with Bega War Memorial Pool project planning         and submit grant applications to source project funds based on an endorsed concept

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

Against:                  Nil

 

 

 

 

 

 

9.2

Eden All-inclusive Playspace - Concept Design

276/20

RESOLVED on the motion of Crs McBain and Bain

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

2.    That Council endorse the final concept design for the Eden All-inclusive playspace.

3.    That Council delegate authority to the General Manager to procure items of play equipment specified by the landscape architect.

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

5.    That Council note the playground will be in replacement of the nearby Apex Park playground.

6.    That Council note the plans to downsize the Memorial Park Play equipment located on Calle-Calle Street at its time of renewal to offset the increased costs of the Barclay Street playground

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

Against:                  Nil

 

 

9.3

Swimming Pool Fees & Charges- Additional Fee Proposal

277/20

RESOLVED on the motion of Crs McBain and Dodds

It is recommended that Council:

1.   Introduce proposed subsidised casual entry fee of $2.00 for program participants outside of their allocated program time at Council pools to apply only to those who want to swim outside their program without a membership.

2.   That Council exhibit the proposed fee changes in accordance with statutory requirements and if no submissions are made the fee be adopted following exhibition.

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

Cemetery Strategy 2020-2030

278/20

RESOLVED on the motion of Crs Dodds and Griff

1.    That Council resolve to publicly exhibit the draft Cemetery Strategy (Attachments 1 and 2) for not less than 42 days.

2.    That Council endorse option four (4) of the financial modelling options provided within the draft Cemetery Strategy to ensure the long-term sustainability of the Shire’s cemeteries.

3.    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

 

11.2

Bega Valley Local Traffic Committee

279/20

RESOLVED on the motion of Crs Bain and Allen

That Council adopt the recommendations of the Bega Valley Local Traffic Committee email dated 7 October 2020 to be tabled at the 16 December 2020 Council meeting.

 

Tathra Wharf to Waves Weekend – Bike Ride 16 and 17 January 2021

The Local Traffic Committee have been advised via email on 16 October, that the event has now been cancelled due to COVID19.

EAT Merimbula 7 March 2021

We have received an application from Eat Merimbula. EAT Merimbula is a food festival celebrating local produce and local chef talent within the Sapphire Coast.

Recommendation

1.     That, subject to conditions, Fishpen Road, Merimbula between the intersections of Marine Parade and Calendo Court be temporarily closed between 7.00am and 5.00pm on Sunday, 7 March 2021 for Eat Merimbula Food Festival.

2.     That, as per the Local Traffic Committee meeting recommendations of 5 July 2017 which were adopted by Council on 16 August 2017 regarding events in the Fishpen area, the Eat Merimbula event was considered for one-lane closure only, but deemed to be a two-lane closure for safety purposes.

3.     That the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place.

4.     That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the Eat Merimbula Festival on Sunday, 7 March 2021 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Transport for NSW  (TfNSW)  Traffic Control Manual.

5.     That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW TfNSW accreditation.

6.     That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW (TfNSW) by name for the event.

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

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

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

10.   That the event operates strictly under the NSW Health Department COVID19 conditions and have a current COVID19 Safety Plan in place as per the following link https://www.nsw.gov.au/covid-19/covid-safe/major-events#complete-a-covid-19-safety-plan . A copy is to be sent to council prior to the event.

(See Attachment 1. EAT Application 2021 in link at end of report)

Far South Coast National Show (Bega) February 2021

An application has been received from the Bega AP&H Society Inc. for the annual Far South Coast (Bega) Show on 19, 20 and 21 February 2021.

The Bega AP & H Society Inc request the following:

·      Use of Bega Park as a car parking area for the duration of the Show

·      Use of the East street land for camping, parking of caravans and horse floats etc

·      General cleanup of the area adjacent to the Showground prior to the show

Recommendation:

1.     That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed from 9am to 5pm on 19, 20 and 21 February 2021 for the Far South Coast National Show.

2.     That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 19, 20 and 21 February 2021 for the Far South Coast National Show.

3.     That the proposed traffic arrangements for the Far South Coast National Show be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with Transport for NSW (TfNSW) Traffic Control Manual.

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

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

6.     That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW (TfNSW) by name for the event.

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

8.     That the event achieves all conditions of Council’s Use of Public Land approval.

9.   That the event operates strictly under the NSW Health Department COVID19 conditions and have a current COVID19 Safety Plan in place as per the following link https://www.nsw.gov.au/covid-19/covid-safe/major-events#complete-a-covid-19-safety-plan . A copy is to be sent to council prior to the event

(See Attachment 2. Far South Coast Show Application 2021 in link at end of report)

Australia Day Celebrations 26 January 2021

An application has been received from the Bega Valley Shire Council events co-ordinator for the annual Australia Day Celebrations and awards ceremony to be held on Tuesday 26 January 2021.

Recommendation

1.     That, subject to conditions, Zingel Place, Bega between the Sapphire Marketplace roundabout and entrance to the Littleton Gardens car park be temporarily closed between 7:00am and 10.30am on Tuesday 26 January 2021 for the Bega Australia Day celebrations.

2.     That the proposed traffic arrangements involving the temporary closure of Zingel Place, Bega for the Bega Australia Day celebrations on Tuesday, 26 January 2021, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with Transport for NSW  (TfNSW) Traffic Control Manual.

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

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

5.     That organisers have approved public liability insurance of at least $20 million for the event.

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

7.     That the event achieves all conditions of Council’s Use of Public Land approval.

8.     That the event operates strictly under the NSW Health Department COVID19 conditions   and have a current COVID19 Safety Plan in place as per the following link https://www.nsw.gov.au/covid-19/covid-safe/major-events#complete-a-covid-19-safety-plan . A copy is to be sent to council prior to the event.

(See Attachment 3. Australia Day 2021 in link at end of report)

Weight Restrictions

Advice has been received from Council’s Structures Engineer requesting weight restrictions on three additional bridges within the Shire, these being Scrubby Creek Bridge, Yowaka River Bridge and Wolumla Creek Tributary Bridge. He has suggested the following signage be approved and installed for each structure - R6-3A BRIDGE LOAD LIMIT XXT GROSS signs are 600x900mm, should be adequate for low speeds at these sites. Suggest 2 on each approach, one either side of road at bridge, mostly local traffic only. I don’t think advance signs are necessary.

·      Scubby Ck, 22.5t

·      Yowaka River, 22.5t

·      Old Soldiers (Wolumla Creek), 15t

Recommendations:

1.      Council approve the installation of a 22.5 tonne weight restriction on the Scrubby Creek Bridge, located on Scrubby Range Road, Buckajo, until such time as bridge strengthening works are completed.

2.      Council approve the installation of a 22.5 tonne weight restriction on the Yowaka River Bridge, located on Nethercote Road, Nethercote, until such time as bridge strengthening works are completed.

3.      Council approve the installation of a 15-tonne weight restriction on the Wolumla Creek Tributary Bridge, located on Old Soldiers Road, Wolumla, until such time as bridge strengthening works are completed.

Discussion and Action:

All agreed that the Advance Warnings Signs should be in place. It was discussed that the BVSC LTC Representative do a site visit and take photos, regarding these signs. These photos and findings are to be forwarded to the TfNSW Representative for assessment.

 

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

Against:                  Nil

 

 

11.3

RFT 10031271 - Brogo Water Treatment Plant -Tender Evaluation Report

280/20

RESOLVED on the motion of Crs Bain and Seckold

1.    That Council accept the recommendations in the attached confidential memo.

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

Against:                  Nil

 

281/20

RESOLVED on the motion of Crs McBain and Bain

 

2.   That Council accept the tender for RFT 10031271 Brogo Water Treatment Plant from Laurie Curran Water P/L for $9,984,795.91 including GST as outlined in Confidential Attachment 1.

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

 

11.4

RFT 2021-43 Bega Sporting Complex Design

282/20

RESOLVED on the motion of Crs Bain and Allen

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

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

Against:                  Cr Nadin

 

283/20

RESOLVED on the motion of Crs Dodds and Bain

 

2.    That Council accept the tender from N2SH Pty Ltd and enter a contract in relation to the works described in Tender RFT 2021-43, in the amount of $227,700.00 (including GST), subject to variations, provisional sums and prime cost items.

3.    That authority is delegated to the General Manager, or in the absence of the General Manager the Director Assets and Operations, to execute all necessary documentation.

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

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

Against:                  Cr Nadin

 

 

11.5

RFT 2021-48 Imlay Street and Albert Terrace, Eden Upgrade – Tender Evaluation Report

284/20

RESOLVED on the motion of Crs Bain and McBain

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

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

Against:                  Nil

285/20

RESOLVED on the motion of Crs Bain and McBain

 

2.    That Council accept the tender for RFT 2021/48 Imlay Street and Albert Terrace Upgrade from John Michelin & Son P/L for $2,210,649.20 (including GST).

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

 

 

 

 

 

 

 

 

 

 

11.6

Bega District Woodcraft Association

286/20

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council receive and note the report.

2.    That following consultation with the NSW Aboriginal Land Council, Council as Crown Land Manager of Reserve R91177 and R180064, approve a twenty-year licence to Bega District Woodcraft Association, for their continued occupation of part lot 279 DP 750190 at Tarraganda.

3.    That Bega District Woodcraft Association pay a minimum annual market rental of $557.70 indexed annually by CPI for their occupation of part lot 279 DP 750190 at Tarraganda.

4.    That Council authorise the General Manager and Mayor to execute all necessary documentation to provide tenure of twenty years.

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

Against:                  Nil

 

11.7

Dividing Fences Amendment Bill 2020

287/20

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council receive and note the report.

2.    That Council make representation to the member for Bega, the Hon. Andrew Constance, MP and a submission to the NSW State Government and Local Government NSW stating that Council owned, and managed land be made exempt from the Dividing Fences Amendment Bill 2020.

3.    That Council make representation through Cr Mitchell Nadin, the Mayor and General         Manager, to Mr Banasiak of the Shooters, Fishers party in relation to the Dividing Fences         Amendment Bill 2020.

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

Against:                  Nil

 

 

11.8

Eden Fisherman's Recreation Club occupation of Lot 4 DP 1126141

288/20

RESOLVED on the motion of Crs Allen and Bain

1.    That Council receive and note the report.

2.    That Council approve the surrender of the current lease as attached to the report of 16 December 2020.

3.    That Council approve a further lease to Eden Fisherman’s Recreation Club Limited of Lot 4 DP 1126141, 81 Princes Highway, Eden until 1 August 2028 for the purpose of a golf course for the annual rental of $3,600 plus GST.

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

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

Against:                  Nil

 

 

 

11.9

Land matters associated with Tathra Lawrence Park and Preschool

289/20

RESOLVED on the motion of Crs McBain and Dodds

1.    That Council receive and note the report.

2.    That Council approve a further five (5) year lease to Tathra Children’s Services Incorporated over part Lot 1 DP 1125988 at Tathra for the purpose of a preschool, for an annual rental fee as determined by a registered Valuer, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.

3.    That Tathra Children’s Services Incorporated be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

4.    That the Mayor and/or General Manager be authorised to execute the necessary documentation to formalise the above course of action.

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

Against:                  Nil

 

 

11.10

Proposed divestment of Lots 9 - 12 Sec 1 & 2 DP 1085 at Park Street, Bega

290/20

RESOLVED on the motion of Crs Bain and Allen

1.    That Council receive and note the report.

2.    That Council approve the divestment of Lots 9 – 12 Sec 1 & 2 DP 1085 at Park Street, Bega to the offeree B.E.L Holdings Pty Ltd for the amount as offered.

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

4.    That Council approve the lodgement of a possessory title application for Lot 10 Sec 1 DP 1085 at NSW Land Registry Services.

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

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

7.    That the proceeds of the sale be retained in the asset renewal reserve to fund asset renewals as outlined in Council’s adopted Asset Management Plans.

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

Against:                  Nil

 

 

 

 

 

 

 

 

 

 

 

11.11

Proposed divestment of Lot 5 DP 843822 and Lot 16 DP 112193 Mecklenberg Street, Bega

291/20

RESOLVED on the motion of Crs Allen and Dodds

1.    That Council receive and note the report.

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

Against:                  Nil

 

292/20

RESOLVED on the motion of Crs Allen and Dodds

2.    That Council approve the divestment of Lot 5 DP 843822 and Lot 16 DP 112193 Mecklenberg Street, Bega to the offeree Grant Smith, for the amount as offered.

3.    That the sale be subject to the registration of a formal easement in favour of Bega Valley Shire Council for the sewer main traversing Lot 5 DP 843822 and Lot 16 DP 112193.

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

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

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

7.    That the proceeds of the sale be retained in the asset renewal reserve to fund asset renewals as outlined in Council’s adopted Asset Management Plans.

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

Against:                  Nil

 

 

11.12

Apex Park Cobargo Toilet Costs

 

A motion was moved by Cr Allen

1.    That Council consider seeking funding for a toilet block at Apex Park Cobargo

An amendment was proposed by Cr Bain

1.    That Council note the costs associated with an additional toilet block in Cobargo as outlined         in this report. 

2.    That Council seek funding for the construction of a toilet block at Apex Park in Cobargo

3.    That Council staff identify public toilet closures to offset the ongoing costs of the toilet block         at Apex Park in Cobargo and provide this information in a further report to Council.

The amendment was accepted by Cr Allen

A motion was moved by Crs Allen and Bain

1.    That Council note the costs associated with an additional toilet block in Cobargo as outlined         in this report. 

2.    That Council seek funding for the construction of a toilet block at Apex Park in Cobargo

3.    That Council staff identify public toilet closures to offset the ongoing costs of the toilet block         at Apex Park in Cobargo and provide this information in a further report to Council.

 

293/20

RESOLVED on the motion of Cr Allen and Bain

1.    That Council note the costs associated with an additional toilet block in Cobargo as outlined in this report.

2.    That Council seek funding for the construction of a toilet block at Apex Park in Cobargo

3.    That Council staff identify public toilet closures to offset the ongoing costs of the toilet block         at Apex Park in Cobargo and provide this information in a further report to Council.

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

Against:                  Cr Dodds

 

12.        Staff Reports – Governance and Strategy

There were no Governance and Strategy reports.

 

13.        Staff Reports – Finance

 

13.1

Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2020

294/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council receive and note the FY2020 Audited Financial Statements and Report on the Conduct of the Audit and these be published on Council’s website and hard copies made available in Council’s libraries.

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

Against:                  Crs Bain and Nadin

 

13.2

RFT 2021-45 - Provision of Financial Services

 

 

Cr Fitzpatrick declared a pecuniary interest regarding Item 13.2 RFT 2021-45 Provision of Financial Services on the basis that he is a Director of Pambula and Community Bank Limited, the owner of the licence to operate the Pambula and Bega Branches.

3:54pm                 Cr Fitzpatrick left meeting and took no part in debate or voting.

3:54pm                 Cr Seckold assumed the role of Chair.      

 

295/20

RESOLVED on the motion of Crs Allen and Dodds

1.    That Council accept the recommendations in Confidential Attachment 1.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

296/20

RESOLVED on the motion of Crs Allen and Nadin

2.    That Council accept the tender for RFT 2021-45 Provision of Financial Services from Commonwealth Bank.

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 Bain, Nadin, McBain, Seckold, Dodds and Allen

Against:                  Cr Griff

Absent:                    Cr Fitzpatrick

 

4:00 pm         Cr Fitzpatrick returned to the meeting and resumed the role of Chair.

 

 

 

13.3

Completion of Financial Performance Review

 

A motion was moved by Cr Fitzpatrick

That Council:

 

1.    Receive and note the Finance Performance Review Report from Morrison Low dated December 2020,

2.    Note the scope of the project is summarised in Section 1 and 2 of the report,

3.    Receive and note recommendations 1-11 contained in Section 10 of the report,

4.    Receive a further report to the February Finance briefing session with Councillors recommending a timeframe for actioning the recommendations contained in the report,

5.    Implement recommendation 8 of the report regarding internally restricted reserves and these be consolidated as contained in Table 3 of the report,

6.    Implement recommendation 9 of the report, referring to ‘fifteen (15) dot points contained in Section 8 - Grant Procedure Review in Council’s Grants Management Processes and Procedures document’, and

7.    Support internal redeployment of staff resourcing for the finance department to continue         implementing the financial improvement plan, including the implementation of any         recommendations contained in Section 10 of the report that are to be actioned.

An amendment to the motion was proposed by Cr Nadin

1.    Receive and note the Finance Performance Review Report from Morrison Low dated December 2020,

2.    Note the scope of the project is summarised in Section 1 and 2 of the report,

3.    Receive and note recommendations 1-11 contained in Section 10 of the report,

4.    Receive a further report to the February Finance briefing session with Councillors recommending a timeframe for actioning the recommendations contained in the report,

5.    Implement recommendation 8 of the report regarding internally restricted reserves and these be consolidated as contained in Table 3 of the report,

6.    Implement recommendation 9 of the report, referring to ‘fifteen (15) dot points contained in Section 8 - Grant Procedure Review in Council’s Grants Management Processes and Procedures document’, and

7.    Support internal redeployment of staff resourcing for the finance department to continue         implementing the financial improvement plan, including the implementation of any         recommendations contained in Section 10 of the report that are to be actioned.

8.    That Council staff continue to liaise with Morrison Low to provide any outstanding         documentation identified in the report, excluding those relating to the September Quarterly Budget Review 2018.

The amendment was accepted by Cr Fitzpatrick

A motion was moved by Crs Fitzpatrick and Nadin

1.    Receive and note the Finance Performance Review Report from Morrison Low dated December 2020,

2.    Note the scope of the project is summarised in Section 1 and 2 of the report,

3.    Receive and note recommendations 1-11 contained in Section 10 of the report,

4.    Receive a further report to the February Finance briefing session with Councillors recommending a timeframe for actioning the recommendations contained in the report,

5.    Implement recommendation 8 of the report regarding internally restricted reserves and these be consolidated as contained in Table 3 of the report,

6.    Implement recommendation 9 of the report, referring to ‘fifteen (15) dot points contained in Section 8 - Grant Procedure Review in Council’s Grants Management Processes and Procedures document’, and

7.    Support internal redeployment of staff resourcing for the finance department to continue         implementing the financial improvement plan, including the implementation of any         recommendations contained in Section 10 of the report that are to be actioned.

8.    That Council staff continue to liaise with Morrison Low to provide any outstanding         documentation identified in the report, excluding those relating to the September Quarterly         Budget Review 2018.

A point of order was called by Cr Dodds regarding Cr Allen’s comments regarding previous Council decisions.

 

297/20

RESOLVED on the motion of Crs Fitzpatrick and Nadin

 

That Council:

1.    Receive and note the Finance Performance Review Report from Morrison Low dated December 2020.

2.    Note the scope of the project is summarised in Section 1 and 2 of the report.

3.    Receive and note recommendations 1-11 contained in Section 10 of the report.

4.    Receive a further report to the February Finance briefing session with Councillors recommending a timeframe for actioning the recommendations contained in the report.

5.    Implement recommendation 8 of the report regarding internally restricted reserves and these be consolidated as contained in Table 3 of the report.

6.    Implement recommendation 9 of the report, referring to ‘fifteen (15) dot points contained in Section 8 - Grant Procedure Review in Council’s Grants Management Processes and Procedures document’.

7.    Support internal redeployment of staff resourcing for the finance department to continue         implementing the financial improvement plan, including the implementation of any         recommendations contained in Section 10 of the report that are to be actioned.

8.    That Council staff continue to liaise with Morrison Low to provide any outstanding         documentation identified in the report, excluding those relating to the September Quarterly         Budget Review 2018.

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

Against:                  Nil

 

 

 

13.4

Certificate of Investment

298/20

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council receive and note the attached reports indicating Council’s investment position as at 30 November 2020.

2.    That Council note the certification of the Responsible Accounting Officer.

 

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

Against:                  Nil

 

14.      Councillor Reports

14.1

Biamanga and Gulaga Board Meeting

 

Cr Seckold provided a report on her attendance at the Biamanga and Gulaga Board Meeting held at Club Narooma on 10 December 2020 (Human Rights Day).

Agenda Included:

·         Dual naming of place names to acknowledge Aboriginal culture (e.g Mount Dromedary and Gulaga) – needs Aboriginal community and local government consultation

·         Biamanga National Park closed for safety. Rangers need to be homegrown cadetships/trainee pilot programs possibly be introduced. 60000 hectares burnt on the South Coast.

·         Boards working with National Parks large component – cultural burning, weed management.

·         Aboriginal sites identified in Biamanga – 5 day survey

·         Draft Biamanga/Gulaga National Park Lease to the Minister for the Environment by Adam McLean (discussion).

 

15.      Rescission/alteration Motions

There were no Rescission/alteration motions.

 

 

 

 

16.      Notices of Motion

 

16.1

Cr Cathy Griff - Support of Active Transport

299/20

RESOLVED on the motion of Crs Griff and Dodds

That Council:

1.    Prioritise as part of the 2021/22 Operational Plan developing a new Transport Strategy including Active Transport.

2.    Consider further investment in shared paths across the Shire to provide greater Active Transport opportunities for residents and visitors.

3.    Prioritise for consideration for inclusion in the draft 2021/22 capital program the section of linking path around the playground at Apex Park Bermagui as previously intended.

In favour:             Crs Fitzpatrick, Griff, McBain, Seckold and Dodds

Against:                  Crs Bain, Nadin and Allen

 

 

16.2

Cr Mitchell Nadin - Proposed Dog Off Leash - North Tura Beach

 

 

Cr McBain declared a non-pecuniary and less than significant interest regarding Item 16.2 Proposed Dog Off Leash - North Tura Beach on the basis that she is a resident of Tura Beach.

Cr McBain remained in the meeting and took part in debate and/or voting.

 

300/20

RESOLVED on the motion of Crs Nadin and McBain

That staff provide a report to Council on options and consequences of implementing a dog-off leash area at the southern end of North Tura Beach. 

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

Against:                  Crs Griff and Seckold

 

 

16.3

Cr Mitchell Nadin - Central Waste Facility (CWF) Consultative Committee

301/20

RESOLVED on the motion of Crs Nadin and Allen

1.         That Council reinstate the Central Waste Facility (CWF) Consultative Committee.

 

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

Against:                  Nil

 

 

  

 

 

 

 

17.      Questions with Notice

 

17.1

Cr Bain - Street Furniture Renewal - Bemboka

 

A response to this question on notice was provided as a report in the Ordinary Council Meeting Agenda of 16 December 2020.

 

 

17.2

Cr Nadin - Colombo Park Trustee

 

A response to this question on notice was provided as a report in the Ordinary Council Meeting Agenda of 16 December 2020.

 

 

17.3

Cr Dodds - Planting of Street Trees

 

A response to this question on notice was provided as a report in the Ordinary Council Meeting Agenda of 16 December 2020.

 

 

17.4

Cr Allen - Water Line Repair

 

A response to this question on notice was provided as a report in the Ordinary Council Meeting Agenda of 16 December 2020.

 

 

17.5

Cr Bain - Robertson Street, Bemboka

 

A response to this question on notice was provided as a report in the Ordinary Council Meeting Agenda of 16 December 2020.

 

 

17.6

Cr Fitzpatrick - Increase to Outdoor Eating Capacity

 

A response to this question on notice was provided as a report in the Ordinary Council Meeting Agenda of 16 December 2020.

 

 

17.7

Cr Griff - Access to Toilets in Cobargo

 

A response to this question on notice was provided as a report in the Ordinary Council Meeting Agenda of 16 December 2020.

 

18.        Questions without Notice

18.1

Central Waste Facility Upgrade

 

Cr Dodds noted the recent councillors in the community meetings threw some current concerns into light. Could we please have some clarity on the following:

  • What is the Community Consultation Plan for the expansion of the CWF as per BVSC Community Engagement Policy?
  • In the unhappy and hopefully unlikely event of unacceptable impacts on local residents what redress/compensation policies if any, are ultimately available to them?
  • What is the continuing role, if any of the CWF Community Consultation Committee (CWFCCC)? And will the adjoining residents likely to be adversely impacted by the expansion be invited to participate in the CWFCCC process?
  • What is the Community Consultation Plan for the expansion of the CWF as per BVSC Community Engagement Policy?

Mr McMahon responded to Cr Dodds questions (indicated in italics):

  • What is the Community Consultation Plan for the expansion of the CWF as per BVSC Community Engagement Policy?

This has not been developed yet as Council has not yet made a decision as to the expansion or otherwise of the CWF. Part of the project development should Council intend to proceed with the expansion will be to develop an engagement plan in accordance with our policy and tool kit as well as any legislative requirements throughout the DA process. There is a further meeting with CWF neighbours currently planned before a report going back to council for consideration on a way forward.

  • In the unhappy and hopefully unlikely event of unacceptable impacts on local residents what redress/compensation policies if any, are ultimately available to them?

Council does not have any policy or precedence on this. It is no different to the avenues available to any adjoining land owner of any development. There are legal avenues for them to consider if they do not believe a development has been assessed in accordance with legislative requirements.

  • What is the continuing role, if any of the CWF Community Consultation Committee (CWFCCC)? And will the adjoining residents likely to be adversely impacted by the expansion be invited to participate in the CWFCCC process?

There is a Notice of Motion in the Agenda of the 16 December 2020 Ordinary Council Meeting on this matter.

 

18.2

Street Trees

 

Cr Dodds noted Over the last two years, 9 street trees in Carp St, all the Canning St trees, and 3 trees in the Gipps St car park have been lost. Mr McMahon stated that there are currently no plans to replace them.

·         Do we have an existing tree protection, maintenance and replacement policy or procedure that can guide our priorities and staff activity?

·         Regarding the removal of the mature woolly butts along Lawrence Park:

·         Was this removal flagged in the options given to councillors for the potential shared path routes? 

·         How many mature trees have gone and why were they removed?

·         Will these trees be replaced by equivalent species that will grow to heights sufficient to offer shade and shelter from wind? When?

·         Are any further significant trees planned for removal for the shared path?

Mr McMahon responded to Cr Dodds questions (indicated in italics):

  • Do we have an existing tree protection, maintenance and replacement policy or procedure that can guide our priorities and staff activity?

There is no policy, Council assigns annual maintenance allocations and decisions are made on priories within those maintenance allocations.

  • Regarding the removal of the mature woolly butts along Lawrence Park:
  •          Was this removal flagged in the options given to councillors for the potential shared          path routes? 

Yes it was, it was communicated when Council considered options on which side of the road the path would be located on and it was also explained at community meetings prior to decisions being made. This was the main trade off in the decision to be made. It was clear in the Council report and at community meetings.

  •           How many mature trees have gone and why were they removed?

                6 radiata pine, 3 cyprus, 1 black wattle and 1 dead silver top ash (there were no Woolly                 Butts removed) were removed for the construction of the bike path within Lawrence Park.                 They were removed to provide sufficient space to construct the new bike path. The path                 was to be as close as practically possible to the boundary to minimize the impacts onto                 Lawrence Park which could reduce the park facilities and potentially impact on the                 usability of key spaces at the facility. This also provides a safer environment come game                 day or when major events are being held at the Lawrence Park by keeping the path users                 as far apart from the venue users as practical.  

  •                 Will these trees be replaced by equivalent species that will grow to heights                      sufficient to offer shade and shelter from wind? When?

There is currently no intention to replace the trees that were removed within Lawrence Park as part of the Tathra to Kalaru bike track project.

  •                 Are any further significant trees planned for removal for the shared path?

Not within the Tathra locality, only trimming and maintenance works. There had been discussion around options outside the Tathra Public School however the design has been completed to accommodate existing trees which does result in a net reduction in available parking

 

 

18.3

Airport Advisory Committee

 

Cr Nadin asked for an update on the Airport Advisory Committee and its status.

The General Manager provided a response to Cr Nadin’s question noting that the Committee had been proposed in 2012/13 and later resolutions and actions have not required such a committee be established.

 

18.4

Eden Lime Incident Update

 

Cr Bain asked for an update on the status of the Eden Lime Incident regarding the contractor Stabilco, asked at a previous meeting. This will be provided in the 27 January 2021 Business Paper.

 

19.        Confidential Business

 

Adjournment Into Closed Session

302/20

RESOLVED on the motion of Crs Allen and Seckold

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

19.1    Trunk Main Water Supply - request for leniency on water charges account

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 (b) a discussion in relation to the personal hardship of a resident or ratepayer.

1.1       Air Services

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 (d) commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

2.    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.

3.    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).

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

Against:                  Nil

 

 

5:10 pm       The live streaming of the meeting ceased for the period of the Closed Session of Council.

5:10 pm       The Ordinary Meeting was adjourned.

5:18 pm         The Confidential Closed Session meeting commenced.

5:57 pm         The Confidential Closed Session meeting concluded.

6:06 pm         The Ordinary meeting was reconvened.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording of the Council Meeting would recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.

 

 

20.        Noting of Resolutions from Closed Session

 

20.1a

Noting of Resolutions from Closed Session

303/20

RESOLVED on the motion of Crs Dodds and Seckold

That the resolutions from Closed Session be brought forward.

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

Against:                  Crs Bain and Allen

 

 

20.1b

Confidential Closed Session Item 19.1 - Trunk Main Water Supply - request for leniency on water charges account

 

RESOLVED on the motion of Crs Dodds and Fitzpatrick

1.    That Council offer resident X a formal apology for the failure to adhere to the Council’s         “Customer Service Standard” commitments in responding to the ratepayer impacted in these         incidents.

2.    That a  further report outlining options and impacts of providing pressure reduction valves be         prepared by staff.

3.     That the General Manager be provided with delegation to enter into negotiations with         resident X to be reimbursed for costs above an averaged 4 quarters of water billing, prior              to the incidents.

4.     That Council receives a report on Complaints Resolution Service improvement options. ie            enlisting The Energy and Water Ombudsman NSW (EWON) a specialist, non-government,             low cost, independent, dispute resolution service.

5.     That Council note improvements should be made in managing the Trunk Water Main                       customer experience:

                        a. improvements to administrative processes and procedures with regard to                   informing Trunk Mains customers of their risks; and

                        b. adhering to the Councils’ “Customer Service Standard” commitments in                                               responding to ratepayers’ complaints.

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

Against:                  Crs Bain and Allen

 

 

 

 

20.1c

Confidential Closed Session Item 1.1 Air Services

304/20

RESOLVED on the motion of Crs Nadin and Bain

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.   That Council receive and note this report.

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

Against:                  Nil

ABSENT:                   Cr McBain

 

 

 

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 6:10pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 16 December 2020.