Ordinary Meeting Minutes

Held on Wednesday 20 October 2021

Council Chambers, Bega Valley Commemorative Civic Centre Bega 2:00pm

 


 Present

Cr Russell Fitzpatrick , Mayor

Cr Liz Seckold

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Mitchell Nadin

 In Attendance

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Senior Communications Officer, Ms Sharon Wellard

Minute Secretary, Mrs Jackie Grant

 

 

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

81/21

RESOLVED on the motion of Crs Bain and Dodds

That the Minutes of the Ordinary Meeting held on 6 October 2021 as circulated, be taken as read and confirmed.

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

Against:                  Nil

 

3.          Declarations

Non Pecuniary Interest

Cr Bain declared a non pecuniary interest regarding Item 8.1 2020.81 Allied Natural Wood Exports Pty Ltd – Timber Optimisation Hub. Cr Bain will remain in the chamber and participate in the vote.

4.          Public Forum

The following deputations were heard:

Item 8.1 2020.81 Allied Natural Wood Exports Pty Ltd – Timber Optimisation Hub

·         Ms Harriett Swift – AGAINST

·         Ms Lisa Stone OBO South East Forest Rescue – AGAINST

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

Allied Natural Wood Enterprises Pty Ltd - Timber Optimisation Hub

82/21

RESOLVED on the motion of Crs Allen and Griff

That the item be dealt with today.

 

A motion was moved by Crs Bain and Fitzpatrick

1.    That Council determines that the proposed development does not constitute designated development having consideration to Part 2, Schedule 3 of the Environmental Planning & Assessment Regulation 2000 as the proposed alteration to the approved development will not significantly increase the environmental impacts of the total development.

2.    That Council approves Development Application 2020.81 for the installation and commissioning of machinery and equipment in an existing Sawmill Shed and existing Briquette Plant Shed, construction of a Pallet Plant Shed, installation, commissioning and use of machinery and equipment in a Pallet Plant Shed, and use of existing Log Sorter, existing Sawmill, and briquette making in existing Briquette Plant Shed, and use of re-purposed water thickener tank to store stormwater at Lot 16 DP 1066187, Edrom Road, Edrom, subject to the conditions provided in Attachment 14.

3.    That those parties who made a submission be notified of Council’s decision.

4.    That in the event that additional building approval services by Council officers are required to         rectify the extent of works approved that are directly related to Development Application         2020.81, these services are provided pro bono

A point of order was called by Cr Dodds.

The Mayor ruled in favour of the point of order and reminded all Councillors to wear masks when they are not speaking.

A point of order was called by Cr Dodds.

The Mayor ruled in favour of the point of order and reminded all Councillors to refrain from  making derogatory and personal comments in the Chamber.

The motion was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, Seckold and Dodds

83/21

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.    That Council determines that the proposed development does not constitute designated development having consideration to Part 2, Schedule 3 of the Environmental Planning & Assessment Regulation 2000 as the proposed alteration to the approved development will not significantly increase the environmental impacts of the total development.

2.    That Council approves Development Application 2020.81 for the installation and commissioning of machinery and equipment in an existing Sawmill Shed and existing Briquette Plant Shed, construction of a Pallet Plant Shed, installation, commissioning and use of machinery and equipment in a Pallet Plant Shed, and use of existing Log Sorter, existing Sawmill, and briquette making in existing Briquette Plant Shed, and use of re-purposed water thickener tank to store stormwater at Lot 16 DP 1066187, Edrom Road, Edrom, subject to the conditions provided in Attachment 14.

3.    That those parties who made a submission be notified of Council’s decision.

4.    That in the event that additional building approval services by Council officers are required to rectify the extent of works approved that are directly related to Development Application 2020.81, these services are provided pro bono.

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, Seckold and Dodds

 

9.          Staff Reports – Community, Culture and Leisure

9.1

Outcomes of the Public Exhibition of the Disability Inclusion Action Plan

84/21

RESOLVED on the motion of Crs Seckold and Dodds

1.    That Council adopt the Disability Inclusion Action Plan 2021-2025 (Attachment 1), as amended in response to public exhibition.

2.    That Council officers advise those who made submissions during the public exhibition of Council’s decision.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, 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

RFT 2122-014 Bega Valley Regional Gallery Redevelopment

85/21

RESOLVED on the motion of Crs Griff and Dodds

1.    That Council accept the recommendation outlined in the confidential attachment:
Council increases the adopted budget Loan Facility from $1.9m to $2.53 million to cover the project funding shortfall ($630,000) and accept the submitted tender from the preferred tenderer, Lloyd Group Pty Ltd and enter into a contract for the sum of $3,726,837 incl GST, for the Bega Valley Regional Gallery Redevelopment and concurrently identify and seek additional funding to cover the $630k funding gap.

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

Against:                  Crs Bain and Nadin

86/21

RESOLVED on the motion of Crs Dodds and Seckold

2.    That authority is delegated to the Acting Chief Executive Officer to execute all necessary documentation in relation to Request for Tender 2122-014.

3.    That the tenderers be advised of Council’s decision.

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

Against:                  Crs Bain and Nadin

 

 

03:19 pm      Cr Nadin left the meeting.

 

11.2

RFT 2122-018 Central Waste Facility (CWF) Cell 3 Capping Works

87/21

RESOLVED on the motion of Crs Bain and Allen

1.    That Council accept the recommendation outlined in the Confidential attachment.

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

Against:                  Nil

Absent:                    Cr Nadin

88/21

RESOLVED on the motion of Crs Bain and Allen

2.    That Council reject the tender in relation to the contract for the CWF cell 3 capping works as described in Tender RFT 2122-018. 

3.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation.

4.    That the tenderer be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Cr Nadin

 

03:20 pm      Cr Nadin returned to the meeting.

 

11.3

RFT 2021-90 Monitoring and Laboratory Analytical Services

89/21

RESOLVED on the motion of Crs Bain and Dodds

1.    That Council accepts the recommendations outlined in the confidential attachment relating to RFT 2021-90 Monitoring and Analytical Services.

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

Against:                  Nil

90/21

RESOLVED on the motion of Crs Bain and Dodds

2.    That Council accepts the tender from ALS Water in relation to contract for the services described in tender RFT 2021-90 Monitoring and Analytical Laboratory Services, in the amount of $135 865.80 (including GST), subject to variations, provisional sums and prime cost items.

3.    That all tenderers be advised of Council’s decision.

4.    That authority be delegated to the Chief Executive Officer to execute all necessary documentation in relation to the request for tender RFT 2021-90 Monitoring and Analytical Laboratory Services.

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

Against:                  Nil

 

12.        Staff Reports – Governance and Strategy

 

12.1

Related Party Returns and Annual Disclosures by Councillors and Designated Persons 2020/2021

91/21

RESOLVED on the motion of Crs Dodds and Bain

That Council note the report on the lodgement of Related Party Returns and Disclosures by Councillors and Designated Persons Return forms for the period ending 30 June 2021 and the positions required to submit returns for the period ending 30 June 2022.

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

Against:                  Nil

 

12.2

Gift Register - September 2020 to August 2021

92/21

RESOLVED on the motion of Crs Dodds and Bain

That Council receive and note the Gift Register activities between 1 September 2020 and 31 August 2021.

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

Against:                  Nil

 

12.3

Twyford Hall, Merimbula

 

A motion was moved by Crs Fitzpatrick and Nadin

1.    That Council conditionally provide funding to support the Twyford Hall upgrade project to the value of $370,000 to be repaid by Twyford Hall Incorporated

2.    That Council delegate the Mayor and Chief Executive Officer to enter into a deed with         Twyford Hall Incorporated that outlines the conditions surrounding Councils financial         contribution towards the Twyford Hall upgrade project with the cost of the deed preparation         to be funded by Twyford Hall Incorporated

3.    That a condition of the deed be that Twyford Hall Incorporated are to assign all lease income         associated with the site to Council until such time as the $370,000 is repaid to Council

4.    That a condition of the deed be that upon Twyford Hall Incorporated receiving the final 5%         grant payment from the NSW Government the balance of the $370,000 outstanding be         provided to Council

5.    That Council provide advocacy support to Twyford Hall Incorporated to secure the additional         funds needed to finalise the Twyford Hall upgrade project

An amendment to the motion was proposed by Cr Bain

6.    That Twyford Hall Incorporated provide a business case to look at alternatives for funding the         remainder of the funds required for the outstanding works

The amendment was accepted by Crs Fitzpatrick and Nadin

The motion was put to the vote and it was CARRIED

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

Against:                  Cr Dodds

 

93/21

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That Council conditionally provide funding to support the Twyford Hall upgrade project to the value of $370,000 to be repaid by Twyford Hall Incorporated

2.    That Council delegate the Mayor and Chief Executive Officer to enter into a deed with         Twyford Hall Incorporated that outlines the conditions surrounding Councils financial         contribution towards the Twyford Hall upgrade project with the cost of the deed preparation         to be funded by Twyford Hall Incorporated

3.    That a condition of the deed be that Twyford Hall Incorporated are to assign all lease income         associated with the site to Council until such time as the $370,000 is repaid to Council

4.    That a condition of the deed be that upon Twyford Hall Incorporated receiving the final 5%         grant payment from the NSW Government the balance of the $370,000 outstanding be         provided to Council

5.    That Council provide advocacy support to Twyford Hall Incorporated to secure the additional         funds needed to finalise the Twyford Hall upgrade project

6.    That Twyford Hall Incorporated provide a business case to look at alternatives for funding the         remainder of the funds required for the outstanding works

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

Against:                  Cr Dodds

 

13.        Staff Reports – Finance

04:11 pm      Cr Nadin left the meeting.

04:14 pm      Cr Nadin returned to the meeting.

 

13.1

Financial Assistance Grants 2021-22

94/21

RESOLVED on the motion of Crs Bain and Allen

That Council

1.    Note the correspondence from the NSW Local Government Grants Commission

2.    Make a submission to the NSW Local Government Grants Commission advocating for the         need to increase the total pool of Financial Assistance Grants to 1% of Commonwealth tax         revenue

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

Against:                  Nil

 

13.2

Refer Financial Statements for Audit

95/21

RESOLVED on the motion of Crs Allen and Dodds

Council resolve:

1.       The Council’s General Purpose Financial Report is prepared in accordance with:

a)    The Local Government Act 1993 (as amended) and the Regulations made there under; and

b)    The Australian Accounting Standards and professional pronouncements; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)    Presenting fairly the Council’s operating result and financial position for the year; and

e)    Council’s accounting and other records.

2.       The Council’s Special Purpose Financial Reports are prepared in accordance with:

a)    NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b)    Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)    The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e)    Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f)     Council’s accounting and other records.

3.       That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way and include such information in the statement.

4.       That Council authorise the Mayor, Councillor, Acting Chief Executive Officer and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5.    That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

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

Support for electric vehicles

 

A motion was moved by Crs Griff and Dodds

1.            Submit a motion to the 2022 NSW Local Government Association Conference calling on the NSW Government to broaden its program to incentivise uptake of electric vehicles.

2.            Write to the NSW Treasurer and Minister for Energy and the Environment, The Hon Matt Kean MP and the Minister for Transport and Roads, The Hon Andrew Constance MP, congratulating the NSW Government on its NSW Electric Vehicle Strategy, and calling for the following:

                a)            introduce a state-wide charging network, including electric vehicles super highways, commuter corridors and tourist drives, by 2025;

                b)            reduce the upfront costs of electric vehicles for the public and large fleet managers such as local councils, beyond the commitment of a $3,000 rebate for first 25,000 vehicles sold under $76,750;

                c)            provide councils with guidance on electric vehicle parking and charging infrastructure;

               d)      upskill workers to maintain NSW’s electric vehicle fleet;

                e)            increase the target for electrification of the NSW Government fleet from 50% by 2030 to 75% by 2030;

                f)             include specific targets for electric vehicles in NSW of 20% by 2025, 75% by 2030 and 90% by 2035 of new vehicle sales;  and

                g)            include tax rebates, free registration and interest free loans, as provided by the Australian Capital Territory Government.

3.            Work with the NSW Government to install electric parking and charging infrastructure at or near Council libraries and other key facilities.

4.            Amend Council’s Development Control Plan to require multi-unit residential development and major commercial development to provide electric vehicle parking and charging infrastructure.

5.            Procure at least one electric vehicle for Council’s fleet by 202

An amendment was proposed by Cr Fitzpatrick and Nadin

1.            Submit a motion to the 2022 NSW Local Government Association Conference calling on the NSW Government to broaden its program to incentivise uptake of electric vehicles.

2.            Write to the NSW Treasurer and Minister for Energy and the Environment, The Hon Matt Kean MP and the Minister for Transport and Roads, The Hon Andrew Constance MP, congratulating the NSW Government on its NSW Electric Vehicle Strategy, and calling for the following:

                a)            introduce a state-wide charging network, including electric vehicles super highways, commuter corridors and tourist drives, by 2025;

                b)            reduce the upfront costs of electric vehicles for the public and large fleet managers such as local councils, beyond the commitment of a $3,000 rebate for first 25,000 vehicles sold under $76,750;

                c)            provide councils with guidance on electric vehicle parking and charging infrastructure;

               d)             upskill workers to maintain NSW’s electric vehicle fleet;

                e)            increase the target for electrification of the NSW Government fleet from 50% by 2030 to 75% by 2030;

                f)             include specific targets for electric vehicles in NSW of 20% by 2025, 75% by 2030 and 90% by 2035 of new vehicle sales;  and

                g)            include tax rebates, free registration and interest free loans, as provided by the Australian Capital Territory Government.

3.            Work with the NSW Government to install electric parking and charging infrastructure at or near Council libraries and other key facilities.

4.            Receive a further report on the implications to amend Council’s Development Control Plan to require multi-unit residential development and major commercial development to provide electric vehicle parking and charging infrastructure.

5.            Receive a further report on the implications to procure at least one electric vehicle for                 Council’s fleet by 2023.

The amendments were accepted by Crs Griff and Dodds

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Bain and Allen

 

 

RESOLVED on the motion of

That Council:

1.            Submit a motion to the 2022 NSW Local Government Association Conference calling on the NSW Government to broaden its program to incentivise uptake of electric vehicles.

2.            Write to the NSW Treasurer and Minister for Energy and the Environment, The Hon Matt Kean MP and the Minister for Transport and Roads, The Hon Andrew Constance MP, congratulating the NSW Government on its NSW Electric Vehicle Strategy, and calling for the following:

                a)            introduce a state-wide charging network, including electric vehicles super highways, commuter corridors and tourist drives, by 2025;

                b)            reduce the upfront costs of electric vehicles for the public and large fleet managers such as local councils, beyond the commitment of a $3,000 rebate for first 25,000 vehicles sold under $76,750;

                c)            provide councils with guidance on electric vehicle parking and charging infrastructure;

               d)             upskill workers to maintain NSW’s electric vehicle fleet;

3.            Work with the NSW Government to install electric parking and charging infrastructure at or near Council libraries and other key facilities.

4.            Receive a further report on the implications to amend Council’s Development Control Plan to require multi-unit residential development and major commercial development to provide electric vehicle parking and charging infrastructure.

5.            Receive a further report on the implications to procure at least one electric vehicle for                 Council’s fleet by 2023.

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

Against:                  Crs Bain and Allen

 

17.      Questions with Notice

There were no Questions with Notice.

18.        Questions without Notice

There were no Questions without Notice.

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 are no Declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 4:40 pm.

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 20 October 2021.