Ordinary  Meeting Minutes

Held on Wednesday 12 May 2021

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 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
91/21	RESOLVED on the motion of Crs Bain and Dodds That the Minutes of the Ordinary Meeting held on 21 April 2021 as circulated, be taken as read and confirmed. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

3.          Declarations

Cr Seckold declared a non-pecuniary and less than significant interest regarding Item 11.8 Proposed transfer of Bega Pioneers Museum, on the basis that she has recently applied to be a volunteer with the museum.

Cr Seckold will remain in the meeting and take part in debate or voting on this item.

4.          Public Forum

The following deputations were heard:

                         Item 11.7 Tura Beach shopping centre carpark

•          Mr Whalley Robin                          

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.

7.          Urgent Business

There was no Urgent Business.

8.          Staff Reports – Planning and Environment

8.1	Submission on proposed policy reforms to Complying Development Codes in Industrial and Business Zones
92/21	RESOLVED on the motion of Crs Dodds and Nadin That Council provide a formal submission (Attachment 1) to the NSW Department of Planning, Industry and Environment on the Explanation of Intended Effect: Building Business Back Better. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

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

11.1

Community Project Proposals

93/21

RESOLVED on the motion of Crs Dodds and Nadin 1.    That the report be received and noted. 2.    The Community Project Proposal procedure be amended to reflect option three in the report being that: Community project proposals are not reported to Council quarterly but are managed by: a.    Minor projects continue within the current process with initial assessment by Council officers with approval delegated to the relevant Director. b.    Major projects are considered and included within the development and consultation of the annual operational plan. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

11.2	RFT 2021-88 Berrambool Pedestrian Bridge Construction
94/21	RESOLVED on the motion of Crs Nadin and Seckold 1.    That Council accept the recommendations outlined in the confidential attachment. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil
95/21 Note: Original minutes published on 13/5/21 have been amended, as per resolution 113/21 Changes are reflected in RED	RESOLVED on the motion of Crs Nadin and Dodds 2.      That authority is delegated to the General Manager to negotiate with the lowest priced conforming tenderer with a view to award a contract  and to execute all necessary documentation in relation to the request for tender RFT 2021-88. 3.      That all tenderers be advised of Council’s decision. 4.     That the General Manager is delegated to negotiate with funding bodies to rearrange project funding details for the Local Roads and Community Infrastructure Program and to fund potential shortfalls through reserves with a further report to be brought Council to finalise detailed funding arrangements In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

11.3	RFT 2021-51 Murrabrine Bridge Construction
96/21	RESOLVED on the motion of Crs Allen and Nadin That Council accept the recommendations in the confidential attachment. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil
97/21	RESOLVED on the motion of Crs Allen and Nadin 2.      That Council accept the tender from Kenpass Pty Ltd in relation to contract for the works described in Tender RFT 2021-51 Murrabrine Bridge Construction, in the amount of $4,179,300(including GST), subject to variations, provisional sums and prime cost items. 3.      That authority be delegated to the General Manager to execute all necessary documentation.          4.   That all tenderers be advised of Council’s decision. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

11.4

RFT 2021-91 Water and Sewerage Services business maintenance and administration accommodation

98/21

RESOLVED on the motion of Crs Nadin and Seckold That this Item be deferred for discussion in Closed Session under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

11.5

Merimbula Airport - Community Advisory Group Establishment

A motion was moved by Cr Nadin and Bain 1.      That Council note the contents of this report. 2.      That Council establish a standing community advisory group for Merimbula Airport. 3.      That Council endorse the attached Terms of Reference for the community advisory group for Merimbula Airport. 4.      That Council endorse the composition of the community advisory group for Merimbula Airport, with an amendment to the Advisory Group Membership table on page 3 of  Attachment 1, by replacing one “community member” representative with one “general aviation user” representative. 5.      That Council seek expressions of interest from community representatives for the community advisory group for Merimbula Airport. 6.      That Council confirm Councillor representation for the community advisory group for Merimbula Airport. 7.      That Council note the establishment of a standing community advisory group will involve a commitment of staff time and resources in order to provide administrative support. The motion was put to the vote and it was LOST In favour:             Crs Bain and Nadin Against:                  Crs Fitzpatrick, Griff, Seckold, Dodds and Allen

11.6

Bega Valley Local Traffic Committee

99/21

RESOLVED on the motion of Crs Allen and Dodds That Council adopt the recommendations of the Bega Valley Local Traffic Committee extra agenda dated 21 April 2021 to be tabled at the 12 May 2021 Council Meeting. The Wintersun Festival Merimbula – 12 June 2021  An application has been received from Jam Event Management Pty Ltd for The Wintersun Festival to be held on Saturday 12 June 2021. The Wintersun Festival is a CBD town activation due to annual Jazz Festival being cancelled. Entertainment suitable for all ages. There will also be a plunge / swim at Mitchies Jetty Merimbula on Saturday 12 June 2021. Recommendation That, subject to conditions, section from Market Street between Park Street and Merimbula Drive and Beach Street from Market Street to Alice Street, Merimbula be temporarily closed between 8.00am and 8.30pm on Saturday, 12 June 2021 for the erection of a temporary stage, market stalls and street performers be approved. That the proposed traffic arrangements involving the temporary closure of Market Street between Park Street and Merimbula Drive, Merimbula for The Wintersun Festival, Merimbula on Saturday, 12 June 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 Bega Valley Shire Council, NSW Police Force and Transport for NSW by name for the event. That organisers have written NSW Police approval prior to conducting the event. Approval is subject to current Traffic Control Plan (TCP). That the event operates strictly under the NSW Health Department COVID19 conditions. A copy of the submission is attached. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

2:27pm         Cr Griff left the chamber.

2:29pm         Cr Griff returned to the chamber.

11.7

Tura Beach shopping centre carpark

100/21

RESOLVED on the motion of Crs Allen and Nadin 1.    That Council receive and note the report and attachments. 2.    That Council advise the Tura Beach Shopping Centre Owners Corporation that Council cannot support a financial contribution towards the maintenance and upgrade of their privately owned carpark within Strata Plan 40176. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

11.8	Proposed transfer of Bega Pioneers Museum
	Cr Seckold declared a non-pecuniary and less than significant interest regarding Item 11.8 Proposed transfer of Bega Pioneers Museum, on the basis that she has recently applied to be a volunteer with the museum. Cr Seckold remained in the chamber and took part in debate and voting on this item.
101/21	RESOLVED on the motion of Crs Seckold and Allen 1.    That Council approve the divestment of the Bega Pioneers’ Museum (being Lot 1 DP 787591) located at 87 Bega Street, Bega to the Bega Valley Historical Society Incorporated for the nominal sum of $1.00. 2.    That a restriction on the use of land be registered on the title of Lot 1 DP 787591 prior to transfer in order to protect the value of the asset for the provision of a public museum in Bega and prior to any future sale of the asset Council’s formal consent must be obtained. 3.    That Council enter into a formal Deed of Agreement with Bega Valley Historical Society Incorporated which outlines the potential lifting of the restriction on the use of land to allow an unencumbered transfer, provided that Bega Valley Historical Society Incorporated pay Council the unimproved land value of the property at the time of any sale. 4.    That the General Manager and Mayor be authorised to execute the necessary documentation to affect this course of action. 5.    That all costs associated with the divestment, including Council’s legal costs be borne by Bega Valley Historical Society Incorporated. 6.    That Bega Valley Historical Society Incorporated be advised of Council’s decision. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

11.9	Classification of land within the Central Waste Facility
102/21	RESOLVED on the motion of Crs Allen and Dodds That Council give notice of its intention to classify Lot 1 DP 1271967 within the Central Waste Facility as operational land under section 34 of the Local Government Act 1993 (NSW). In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

11.10

Licence to Bermagui Big Game and Anglers Club

103/21

RESOLVED on the motion of Crs Allen and Bain 1.    That Council, as Crown Land Manager of the Zane Grey and Dickenson Park Reserve (R83225), approve a further five-year licence with an option for a further five-years to Bermagui Big Game Anglers Club for their continued occupation of the radio room located on Crown Reserve 83225 at Bermagui for an annual rental fee of $1,623.59 plus CPI and increased annually by CPI. 2.    That authority be given for the General Manager and Mayor to execute the licence agreement. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

12.        Staff Reports – Governance and Strategy

There were no Governance and Strategy reports.

13.        Staff Reports – Finance

13.1	Exhibition of 2021-2022 Budget and Integrated Planning and Reporting documents
104/21	A motion was moved by Crs Allen and Griff That the item be separated into points 1-3, 4 and points 5-7, to be dealt with separately. The motion was put to the vote and it was CARRIED. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil
105/21	RESOLVED on the motion of Crs Bain and Nadin 1.         That the draft revised Delivery Program 2017-2022, the draft Operational Plan 2021-2022, including Council’s Budget and Revenue Policy, and the draft Fees and Charges 2021-2022 be placed on public exhibition for 28 days. 2.         Following public exhibition, a further report be provided to Council for consideration of submissions and adoption of the Delivery Program-2017-2022 and Operational Plan 2021-2022 at the Council meeting on 16 June 2021. 3.         That Council note Procedure 6.06.6 Statement of Pricing has been revoked and provisions will be reviewed annually within the Revenue Policy. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil
2:54pm2:56pm	Cr Nadin left the Chamber. Cr Nadin returned to the Chamber.
106/21	RESOLVED on the motion of Crs Fitzpatrick and Nadin 4.         That Council adopt Scenario 2 – Improvement Model contained in the Long Term Financial Plan (LTFP) 2022-2031, which projects consideration by Council of Special Rate Variation commencing in the 2024 Financial Year. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil
107/21	RESOLVED on the motion of Crs Dodds and Seckold 5.         That Council adopt the Cemetery Plan 2020 - 2030. 6.         That Council endorse option four (4) of the financial modelling options provided within the Cemetery Plan 2020 – 2030 to ensure the long-term sustainability of the Shire’s cemeteries and update the relevant cemetery maintenance fee in the draft Fees and Charges 2021-2022 prior to placing on public exhibition. 7.         That Council officers advise those that made submissions during public exhibition of the Cemetery Plan 2020-2030 of Council’s decision. The motion was put to the vote and it was CARRIED In favour:             Crs Fitzpatrick, Griff, Seckold, Dodds and Allen Against:                  Crs Bain and Nadin A motion was foreshadowed by Cr Bain 1.    That Council defer the cemetery plan for consideration by Councillors in the 2021-2022 budget, post the Local Government Elections in September 2021, and that the current fees and charges apply for the 2021-2022 year.

13.2	Quarterly Budget Review Statement (QBRS) March 2021 - Q3
108/21	RESOLVED on the motion of Crs Allen and Dodds 1.    That Council receive and note the March 2021 Quarterly Budget Review Statement. 2.    That the budget recommendations detailed in the March 2021 quarterly budget   review statement be adopted. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, 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

Development application fee waiver for Tathra bushfire-affected landowner

109/21

A motion was moved by Crs Seckold and Dodds That Council resolve to waive development application fees for the former owners or 17 Bay View Drive, Tathra, on the same terms as they would be entitled to if they were redeveloping that lot. An amendment to the motion was proposed by Cr Griff That Council resolve to waive development application fees for the former owners or 17 Bay View Drive, Tathra, due to exceptional circumstances. The motion was not accepted by Cr Seckold. The motion was put to the vote and it was LOST In favour:             Crs Seckold and Dodds Against:                  Crs Fitzpatrick, Bain, Nadin, Griff and Allen A motion was foreshadowed by Cr Nadin That Council receive a report detailing the number of bushfire affected properties where development application waivers have not been applied for, as properties have been sold and the owner of the bushfire affected property has rebuilt in the Bega Valley. The foreshadowed motion was withdrawn by Cr Nadin.

17.   Questions with Notice

There were no Questions with Notice.

18.        Questions without Notice

18.1

Central Waste Facility - Leachate Spill

Cr Fitzpatrick asked for an update on the Leachate Spill at Council’s Central Waste Facility (CWF) and the management of spills in alignment with the EPA. Mr McMahon responded: Due to the significant rainfall experienced over the past fortnight there has been an excessive amount of water entering the CWF site and leachate ponds. This has caused some overflows from the leachate ponds. The CWF is managed on accordance with and EPA license that includes requirements for leachate monitoring. Council has been working with the EPA to ensure everything possible is being done to minimise any potential impacts form leachate overflowing. The EPA has done some of their own testing to validate Councils testing methodology. Council also has a temporary approval in place to pump out and transport excess leachate under a liquid trade waste approval agreed to by the EPA and DPI Water to the Merimbula STP for treatment and processing.

18.2	Economic Impact Assessment – Cobargo Coop Proposed Commercial Development
	Cr Allen asked for Councillors to be provided with information relating to the economic impact assessment of the proposed commercial development at the Cobargo Coop. Dr Howe advised that the development application had been approved and that staff would provide an update to Councillors by memo.

18.3	Littlewoods Estate DA - Vulnerability of Flying Foxes
	Cr Griff asked for an update on the Littlewood’s Estate development.  Dr Howe advised that the existing approval for the residential subdivision was currently subject to an application to modify that consent. As part of that process, it is proposed that restrictions be placed on the titles of the lots to advise of the presence of flying foxes and require measures to protect their habitat.

18.4	EIS Merimbula Ocean Outfall
	Cr Nadin asked for an update on the progress and timing around the EIS for the Merimbula Deep Ocean Outfall project. The question was taken on notice by the Director Assets and Operations.

18.5	Saltwater Cafe
	Cr Nadin asked about progress with the approval to demolish the former Saltwater Cafe at Bermagui.  The question was taken on notice by the Director Community, Environment and Planning.

18.6	Lime Incident - Eden
	Cr Bain asked if anyone within Council has had contact with Stabilco regarding the matter. Mrs Bolton replied that Council has passed all claim management to its insurer who have engaged legal representatives. The insurer has contacted Stabilco. Mrs Bolton confirmed no staff of Council have contacted Stabilco or their insurers regarding the Eden Lime Incident.

18.7	Development Consent - Council Capacity to Review
	Cr Fitzpatrick asked whether Council had capacity to review the development consent for the Cobargo Coop development referred to in item 18.2. Dr Howe advised that Council did not have the power to review an approval determined by staff under delegation.

19.        Confidential Business

Adjournment Into Closed Session

110/21

RESOLVED on the motion of Crs Nadin and Bain 1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items: 11.4    RFT 2021-19 Water and Sewerage Services business maintenance and administration accommodation 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 (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 19.1    CEO Recruitment Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals. 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, Seckold, Dodds and Allen Against:                  Nil

4:17pm         The Ordinary Meeting was adjourned

4:26pm         The Confidential Closed Session Meeting commenced.

The recording and live streaming of the meeting ceased for the period of the Closed Session of Council.

4:53pm         The Confidential Closed Session Meeting concluded.

5:00pm          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

20.1	Noting of resolutions from closed session
111/21	RESOLVED on the motion of Crs Nadin and Dodds That the resolutions from closed session be brought forward into open session. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

11.4

RFT 2021-19 Water and Sewerage Services business maintenance and administration accommodation

112/21

RESOLVED on the motion of Crs Nadin and Seckold 1.    That Council reject all tenders to allow for further heritage investigation to be completed. 2.    That Council delegate authority to the General Manager to negotiate with the preferred         tenderer on program and cost. 3.    That Council delegate authority to the General Manager to determine whether to enter into a      contract. 4.    That Council officers advise unsuccessful tenderers of Council’s decision. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

19.1

CEO Recruitment

113/21

RESOLVED on the motion of Crs Nadin and Allen 1.         That Council acknowledge a suitable candidate for appointment at this time was not              identified during the current recruitment process. 2.         That Council put a freeze on the current recruitment process. 3.         That Council announce the appointment of the interim CEO following feedback discussions              between the Mayor and Council staff. In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against:                  Nil

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 5:02pm.

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 12 May 2021.