Ordinary  Meeting Minutes

Held on Wednesday 31 March 2021

In the Council Chambers, Biamanga Room, Bega Valley Commemorative Civic Centre, Bega at 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 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.

1a.

Items brought forward on the Agenda

55/21

RESOLVED on the motion of Crs Bain and Nadin

That Item 11. 2 and Item 11.6 be brought forward in the Agenda to be dealt with first.

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

Against:                  Nil

2.

Confirmation of Minutes

56/21

RESOLVED on the motion of Crs Dodds and Bain

That the Minutes of the Ordinary Meeting and Closed session held on 10 March 2021 as circulated, be taken as read and confirmed, with the following amendments, as indicated in red text:

· to Item 9.2

· Item 12.1

Cr Jo Dodds
Motion	National Objective		Summary of Key Arguments
That ALGA lobby for significantly disaster  impacted local government bodies from 2020 to be provided additional direct funding to support ongoing recovery impacts which are well in excess of regional and rural councils being able to address.	Disaster Recovery		· Councils have been provided funding to support community lead recovery; this is coming at the expense of other key projects and at a cost of already stretched local government budgets. · Bega Valley Shire Council, the most disaster impacted local government body in Australia in the Bushfire and Natural Hazards CRC assessment against a new Disaster Resilience Index, has continuing need to support its community recover and build resilience for the future. · Recovery from disaster takes considerable time. The Tathra/Reedy Swamp event of March 2018 is still seeing considerable recovery needs. · BVSC absolutely appreciates the support provided from both the NSW State Government and the Federal Government · Project funding has been slowly rolling out · Much support offered in 2020 was welcome however the needs do not go away in 12 months and those significantly impacted LGAs need ongoing support to support communities rebuild and look to the future.
That ALGA ensure that ALGA, State Associations and local Councils are appropriately represented on advisory groups and projects linked to the new National Resilience, Relief and Recovery Agency being established by the Department of Prime Minister and Cabinet to ensure that both local government local and community voices are heard in the important work that will be led by this agency.	Disaster Recovery		· This new agency will be the key strategic driver for improving resilience, relief, recovery, risk reduction for communities across Australia. · It is critical that from establishment this new agency consults with and engages directly with local government who provides the key government interface in this area. · It is also key that the voices of local communities are also heard.
Cr Cathy Griff
Motion	National Objective	Summary of Key Arguments
That the General Assembly urge the Federal Government to include in the National Waste Policy a timeline to phase out and ban single use plastic bags.	Waste minimisation and recycling in the interests of environment and economy.	The government held a National Plastics Summit on 2nd March in Canberra, which was addressed by the Prime Minister and also ALGA’s president. There was much discussion about allocation of the $1.5 billion of waste levies to deliver local infrastructure. Given there is only a year before waste export ban on mixed plastics comes into effect, a range of solutions are urgently needed. Local communities are keen to reduce plastic waste. Federal leadership is needed for a strong stand to ban single use plastic bags – as has been achieved in over 130 countries worldwide.
That the General Assembly call on the Federal Government to take immediate action to hasten financial relief promised to bushfire effected businesses and individuals.	Disaster recovery; Social cohesion; rural well-being.	Federal and State governments have announced a range of initiatives to assist those suffering the impact of last summer’s catastrophic bushfires. The reality is support has been slow to reach those in desperate need; guidelines are unclear; and responsibility is being shifted between different levels of government. The Federal Government could make the process far simpler and speedier by directing rebates through for example the ATO or via GST.
That that National General Assembly advocate to the Federal government to support and fund relevant Indigenous organisations to work with land management agencies to develop and increase hazard reduction 'cool burns'.	Environment - Addressing natural national disasters; input to Royal Commission into National Natural Disasters	Following the unprecedented fires of last summer the country is seeking multiple avenues for diminishing future bushfire threats. Cultural Burning as practiced by First Nations People for centuries offers one possible means to harness skills which manage hazard reduction in specific locations. Further research into such methods merit investigation and funding to trial new programs.
That the General Assembly urges the Environment Minister to better monitor and enforce relevant company membership of the Australian Packaging Covenant.	Waste minimisation and recycling in the interests of environment and economy.	The government’s national plastics plan promises that all packaging used in Australia will be either reusable, recyclable or compostable by 2025. However, the Waste Management and Resource Recovery Association of Australia, a leading industry body, is warning the government is likely to miss its packaging targets unless there are significant reforms including mandatory enforcement. Local communities are keen to reduce plastic waste. Federal leadership is needed and a strong stand to phase out single use plastics as a matter of urgency .
That the General Assembly call on the Federal Government to audit, report on, and hasten financial relief to those who have applied for bushfire relief.	Disaster recovery; Social cohesion; rural well-being.	Federal, State and Local governments have offered a range of grants to assist those who suffered from catastrophic bushfires. However support has been slow to reach those in need; guidelines are complex; responsibility is shifted between levels of government and recipients complain of stress in sorting the bureaucracy. A national register of grant recipients would assist applicants.
That the National General Assembly advocate for and report on Federal support and funding of relevant Indigenous agencies to put in place bushfire hazard reduction 'cool burns'.	Environment - Addressing natural national disasters; recommendations of the Royal Commission into National Natural Disasters	Cultural Burning, practiced by First Nations People for centuries, offers one means to manage bushfire hazard reduction in specific locations. Further research and support for such methods and rollout of new programs was recommended by the Royal Commission. Follow-up is called for to measure any progress on expanding these important practices.

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

Against:                  Nil

3.          Declarations

There were no declarations of interest

4.          Public Forum

The following deputations were heard:

Item 11.2 Risk to residents due to significant degradation of Woodlands Lane, Bald Hills - update Bridges Funding

•    Mr Robert Crewe                           

•    Mr Stephen Dobbie          

•    Ms Karen Palacios             

Item 11.6 Cuttagee Bridge Funding

•    Dr Frances Perkins

                   •    Ms Hannah Dunn  

•    Mr Bruce Leaver

The comments and addresses from these requests were circulated to Councillors and are available on Council’s website.

5.              Petitions

Cr Griff mentioned

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

There were no Community, Culture and Leisure reports.

10.        Staff Reports – Economic Development and Business Growth

There were no Economic Development and Business Growth reports.

11.        Staff Reports – Infrastructure Waste and Water

11.2

Risk to residents due to significant degradation of Woodlands Lane, Bald Hills - update

57/21

RESOLVED on the motion of Crs Bain and Nadin It is recommended that Council: 1.    Acknowledge the constructive way in which residents of Woodlands Lane have engaged with Council in their quest to have Woodlands Lane upgraded. 2.    Allocate the funds currently held in the Woodlands Lane Developer contributions reserve towards survey and design works to prepare designs for the upgrade of Woodlands Lane and the bridge on Woodlands Lane to support grant funding applications. 3.    Note the significant gap between potential developer contributions yield and the cost to upgrade Woodlands Lane and bridge which will continue to increase over time. 4.    Note the estimated annual financial impact of taking on responsibility for managing Woodlands Lane and bridge. 5.    Express its willingness to take responsibility for the management of Woodlands Lane and bridge should the NSW Government upgrade it to a suitable standard. 6.    Express to the NSW Government its intended position that upgrades to the Woodlands Lane and bridge should not be at the expense of funding towards other Council priority projects. 7.    Advocate to the NSW Government and support the advocacy of residents to the NSW Government for funding to upgrade Woodlands Lane and bridge to a suitable standard for Council to take future responsibility for. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

11.6

Cuttagee Bridge Funding

58/21

RESOLVED on the motion of Crs Fitzpatrick and Nadin 1.    That the Mayor and General Manager urgently advocate to the NSW Government that as per         the 2019 State election commitment Councils’ current proposal submitted under the         Regional Roads Transfers and NSW Road Classification Review be enacted for, Transport for         NSW immediately to assume responsibility for the Bermagui Tathra Road, in perpetuity, as         they have the capacity and financial resources to do this.  2.   That the Mayor and General Manager continue to advocate to the NSW Government and         request that Transport for NSW provide a separate funding deed for Cuttagee Bridge. 3.    That the Deed include the timeframe for completion of works to be at least four years from         the date of signing to enable Council to meet all the community consultation and planning         requirements and ensure that consideration of preservation of the bridge’s heritage is         captured in design aspects for the new bridge and all coastal hazard issues in relation to         the new structure are dealt with. 4.    That staff continue to progress with the other steps resolved relating to Cuttagee Bridge as         resolved at the 10 March 2021 Council meeting. In favour:             Crs Fitzpatrick, Bain, Nadin, Seckold and Allen Against:                  Crs Griff and Dodds

11.1

Bega Valley Regional Learning Centre Options

59/21

RESOLVED on the motion of Crs Fitzpatrick and Allen 1.    That Council receive and note the report. 2.    That Council call for expressions of interest to purchase the freehold property known as the         Bega Valley Regional Learning Centre. 3.    That a condition of any sale would be that any current leases be honoured for the remaining         term. 4.    That Council obtain a valuation of the property from a reputable valuer. 5.    That Council note where an existing tenant requests an extension of their commercial lease,         Council officers may grant a single extension until 30 June 2023. 6.    That Council note where occupied suites become available for lease Council officers will seek         suitable tenancies arrangements until 30 June 2023. 7.    That prior to expiring of all lease agreements on 30 June 2023, Council officers report         operating results of the facility back to Council. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against:                  Cr Dodds

Item - 11.2 Risk to residents due to significant degradation of Woodlands Lane, Bald Hills - update – was moved to be dealt with prior to Item 11.1.

11.3

Central Waste Facility (CWF) Consultative Committee

60/21

RESOLVED on the motion of Crs Fitzpatrick and Allen 1.    Endorse the information in the report. 2.    Note the Councillor nominee will be the Mayor until post the Council elections when all         representations will be considered. 3.    Endorse as members of the committee the two nominees that submitted nominations as         outlined in the confidential memorandum Mr Rob Slmic and Mr Michael Oates, and add Mr         Ben Hobil if he is willing to take up the position. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

3:30pm         Cr Nadin left the meeting

11.4

Bega Valley Local Traffic Committee

61/21

RESOLVED on the motion of Crs Bain and Allen That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 3 March 2021 to be presented at the 31 March 2021 Council meeting. Vietnam Memorial Service and March – August 2021 A submission has been received from Bega RSL Sub Branch for the 2021 Vietnam Veterans Middle East and Peace Keeper Veterans Memorial Service., to be held on Sunday 15 August 2021. The Service will assemble in Church Street Bega at 10.00am and March along Carp Street to Soldiers Memorial for 11.00am Service, concluding at 11.30am Recommendation That the proposed traffic arrangements for the Bega RSL Sub Branch Vietnam Veterans Middle East and Peace Keeper Veterans Memorial Service on Sunday, 15 August 2021 be approved and deemed a Class 2 special event. That sections of Council roads at Gipps Street and Carp Street in Bega be temporarily closed on Sunday, 15 August 2021 for the Bega RSL Sub Branch Vietnam Veterans Memorial March proceedings, as per the Traffic Control Plans. Approval subject to current Traffic Control Plan (TCP) (to be supplied) That the organisers have written Police approval prior to conducting the event. That the event operates strictly under the NSW Health Department COVID19 conditions A copy of the submission is attached and marked ‘Attachment 5.1’. Draft Landscape Design for Quaama Memorial Park Council have received a request to approve an accessible (on street) car space in Yourie Street, Quaama, in association with the Draft Landscape Design for Quaama Memorial Park. Recommendation Council approve the installation of an on street accessible parking space in Yourie Street, Quaama adjacent to Quaama Memorial Park. A copy of the design is attached and marked ‘Attachment 5.2’. Candelo Village Festival – 17 April 2021 A submission has been received from Candelo Arts Society for the Candelo Village Festival, to be held on Saturday 17 April 2021. This is a one day community celebration featuring local artists, market stalls, workshops, talks and street performances. Setup will take place on 16 April 9.00am – 5.00pm, with event times from 10.00am to 11.00pm. Pack up times will be Sunday 18 April 9.00am – 1.00pm. Recommendation: That, subject to conditions, sections of William Street and Hood Street (formally Panbula Street), Candelo be temporarily closed from 12.00pm on Saturday, 17 April 2021 to 11.00pm on Saturday, 17 April 2021 for the Candelo Village Festival. That the proposed traffic arrangements involving the temporary closure of William Street and Hood Street (formally Panbula Street), Candelo for the Candelo Village Festival on Saturday, 17 April 2021, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Transport for NSW (TfNSW) Traffic Control Manual. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate TfNSW accreditation. That organisers fully implement an approved Special Event Transport Management Plan. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event. That organisers have written Police approval prior to conducting the event. That the event achieves all conditions of DA 2008.0012, including parking provisions. That the event operates strictly under the NSW Health Department COVID19 conditions A copy of the submission is attached and marked ‘Attachment 5.3’. In favour:             Crs Fitzpatrick, Bain, Griff, Seckold, Dodds and Allen Against:                  Nil ABSENT:                    Cr Nadin

3:32pm         Cr Nadin returned to the meeting.

11.5	Use of Bega Valley Commemorative Civic Centre by community groups and not-for-profit organisations
	A motion was moved by Crs Bain and Allen 1.    That Resolution 261/20 (1) be revoked. 2.    That Council, in partnership with local event organisers, seek external grant funding to support greater utilisation of Bega Valley Commemorative Civic Centre (BVCCC) by community groups and not-for-profit organisations. 3.    That Council increase awareness of alternative, low-cost venues for community groups and not for profit organisations. 4.    That all use of BVCCC by Council be charged as per Council’s adopted fees and charges schedule. 5.    That Council’s current regular Wednesday booking of the entire BVCCC be reduced to Council meeting days only. 6.    That, where possible, Council workshops be held in a suitable alternative venue. The motion was put to the vote and it was CARRIED. In favour:             Crs Fitzpatrick, Bain, Nadin, Seckold and Allen Against:                  Crs Griff and Dodds An amendment to the motion was proposed by Cr Griff That Item 1 of the recommendation be removed. The amendment was not accepted by Cr Bain A motion was foreshadowed by Cr Griff 1.    That Resolution 261/20 (1) not be revoked until the Twyford Hall complex is completed and available for use 2.    That Council, in partnership with local event organisers, seek external grant funding to support greater utilisation of Bega Valley Commemorative Civic Centre (BVCCC) by community groups and not-for-profit organisations. 3.    That Council increase awareness of alternative, low-cost venues for community groups and not for profit organisations. 4.    That all use of BVCCC by Council be charged as per Council’s adopted fees and charges schedule. 5.    That Council’s current regular Wednesday booking of the entire BVCCC be reduced to Council meeting days only. 6.    That, where possible, Council workshops be held in a suitable alternative venue.
62/21	RESOLVED on the motion of  Crs Bain and Allen 1.    That Resolution 261/20 (1) be revoked. 2.    That Council, in partnership with local event organisers, seek external grant funding to support greater utilisation of Bega Valley Commemorative Civic Centre (BVCCC) by community groups and not-for-profit organisations. 3.    That Council increase awareness of alternative, low-cost venues for community groups and not for profit organisations. 4.    That all use of BVCCC by Council be charged as per Council’s adopted fees and charges schedule. 5.    That Council’s current regular Wednesday booking of the entire BVCCC be reduced to Council meeting days only. 6.    That, where possible, Council workshops be held in a suitable alternative venue. In favour:             Crs Fitzpatrick, Bain, Nadin, Seckold and Allen Against:                  Crs Griff and Dodds

Item - 11.6 Cuttagee Bridge Funding – was moved to be dealt with before Item 11.1 and after Item 11.2.

12.        Staff Reports – Governance and Strategy

12.1	Review of Procedure 6.12.7 Public Interest Disclosures Internal Reporting System
63/21	RESOLVED on the motion of Crs Bain and Allen That Council notes and adopts the updated Procedure 6.12.7 Public Interest Disclosures internal reporting system.  In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

13.        Staff Reports – Finance

13.1

RFT 2021-80 Works and Services Panel

64/21

RESOLVED on the motion of Crs Bain and Allen That Council: 1.    Approve the establishment of the Works and Services Panel tendered via RFT 2021-80. 2.    Approve the appointment of businesses to the Panel’s categories as per the confidential         attachment. 3.    Delegate the execution of individual contracts and all future appointments to the Panel to         the General Manager. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

13.2	NSW Property Tax Proposal
65/21	RESOLVED on the motion of Crs Dodds and Bain That Council receive and note the CRJO feedback to the NSW Governments Property Tax Proposal provided in the report. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

13.3	Certificate of Investment
66/21	RESOLVED on the motion of Crs Bain and Nadin 1.    That Council receive and note the attached reports indicating Council’s investment position as at 28 February 2021. 2.    That Council note the certification of the Responsible Accounting Officer. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

14.      Councillor Reports

14.1	Section 355 Montreal Goldfields Committee
	Cr Seckold’s report was noted.

14.2	Country Mayors Association meeting
	Cr Fitzpatrick’s report was noted.

15.      Rescission/alteration Motions

There were no rescission/alteration motions.

16.      Notices of Motion

16.1	Merimbula Airport community reference group establishment
67/21	RESOLVED on the motion of Crs Nadin and Bain That Council receive a report on the establishment of a community advisory group as part of the review and updating of the Merimbula Airport Masterplan. In favour:             Crs Bain, Nadin, Griff, Seckold and Dodds Against:                  Crs Fitzpatrick and Allen

17.      Questions with Notice

17.1	Cr Nadin - Vehicle Procurement
	A response to this question on notice was provided a report in the Council Agenda of 31 March 2021.

17.2	Cr Bain Question on Notice - staff within all portfolio areas of Council
	A response to this question on notice was provided a report in the Council Agenda of 31 March 2021.

18.        Questions without Notice

18.1	Staff Portfolio Areas - Follow Up
	Cr Bain asked a follow up question on staff portfolio areas as at 2016. The question was taken on notice by the Director Business and Governance.

18.2	Eden Lime Incident - Update
	Cr Bain asked for an update on the Eden Lime Incident. The question was taken on notice by the Director Business and Governance.

18.3	Water Concerns – Brogo Supply
	Cr Allen asked for an update on the turbidity level in the Brogo Supply given the recent rain events and the cost of cartage of water. Mr McMahon responded and will provide a formal update via a response to the question without notice.

18.4	Water Treatment Plant - Update
	Cr Allen asked for an update on the progress of our Water Treatment Plant projects, particularly Brogo and when and if the Illawambra Trunk Main is being upgraded. 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 4:06 pm.

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 31 March 2021.