Ordinary Meeting Minutes

Held on Wednesday 17 August 2022

at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:00pm

 


 Present

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

 

 In Attendance

Chief Executive Officer, Mr Anthony McMahon

Acting Director, Assets and Operations, Mr Ian Macfarlane

Acting Director,  Community, Environment and Planning, Mrs Emily Harrison

Acting Director, Business and Governance, Mr Mark Irvin

Acting Manager Communications and Events, Ms Skye Owen

Executive Officer (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.

Statement of Ethical Obligations

The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Bega Valley Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.

 

1.

Apologies

134/22

RESOLVED on the motion of Crs Allen and O'Neil

That the apology of Director, Business and Governance, Mrs Iliada Bolton be noted.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

2.

Confirmation of Minutes

135/22

RESOLVED on the motion of Crs O'Neil and Seckold

That the Minutes of the Ordinary Meeting held on 20 July 2022 as circulated, be taken as read and confirmed.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

3.          Declarations

Non Pecuniary Interest

Cr O’Neil declared a non pecuniary interest regarding Item 10.11 Wanderer Festival at Pambula Sporting Complex Fee Structure . Cr O’Neil’s husband is performing at the wanderer festival as a non paid part of the all male choir. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and take part in debate and voting.

4.          Public Forum

The following deputations were heard:

Item 8.2 Endorsement of planning proposal for Pambula Merimbula Golf Club

·         Ms Jeanette Hall on behalf of Pambula Merimbula Golf Club Ltd - FOR

5.                 Petitions

There were no petitions.

6.          Mayoral Minutes

 

6.1

NSW Audit Office position on Rural Fire Service Assets

136/22

RESOLVED on the motion of Cr Fitzpatrick

That:

1.    Council writes to the local State Member, the Hon Michael Holland MP, Treasurer the Hon Matt Kean MP, Minister for Emergency Services and Resilience the Hon Stephanie Cook MP and the Minister for Local Government Wendy Tuckerman MP:

a.       Expressing Council’s objection to the NSW Government’s determination on ownership of Rural Fire Service assets;

b.       Advising of the impact of the Government’s position on Council finances of this accounting treatment;

c.       Informing that Council will not carry out RFS assets stocktakes on behalf of the NSW Government and will not record RFS assets in (Bega Valley Shire Council’s) financial statements;

d.       Calling on the NSW Government to take immediate action to permanently clear up inequities and inconsistencies around the accounting treatment of Rural Fire Service (RFS) assets by acknowledging that rural firefighting equipment is vested in, under the control of and the property of the RFS; and

e.       Amending s119 of the Rural Fires Act 1997 so that the effect is to make it clear that RFS assets are not the property of councils.

2.    Council writes to the Shadow Treasurer Daniel Mookhey MLC, the Shadow Minister for Emergency Services Jihad Dib MP, the Shadow Minister for Local Government Greg Warren MP, the Greens Spokesperson for Local Government Jamie Parker MP and the leaders of the Shooters, Fishers and Farmers, Animal Justice and One Nation parties Robert Borsak MLC, Emma Hurst MLC and Mark Latham MLC:

a.       Advising Members Bega Valley Shire Council’s position, including providing copies of correspondence to NSW Government Ministers; and

b.       Seeking Members’ commitments to support NSW Councils’ call to amend the Rural Fires Act 1997 as set out in correspondence.

3.    Council writes to the Auditor General advising that notwithstanding any overtures of future qualified audits, it will not carry out RFS stocktakes on behalf of the NSW Government and will not record RFS assets in Bega Valley Shire Council’s financial statements, noting that the State Government’s own Local Government Accounting Code of Practice and Financial Reporting provides for councils to determine whether or not they record the RFS assets as council assets.

4.    Council promotes these messages via its digital and social media channels and via its networks.

5.    Re-affirms its complete support of and commitment to local RFS brigades noting that Council’s action is entirely directed towards the NSW Government’s nonsensical position that rather than being owned and controlled by local brigades, RFS assets are somehow controlled by councils, which councils consider to be a cynical financial sleight of hand abdicating the NSW Government’s responsibilities at the cost of local communities.

6.    That Council affirms its support to Local Government NSW (LGNSW) and requests LGNSW continue advocating on Council’s behalf to get clarification finally from the State Government about the accounting treatment of RFS assets

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

6.2

Max Goward - 50 years of service to Bega Valley Shire Council

 

On behalf of Councillors I would like to acknowledge Max Goward’s 50 years of service to Bega Valley Shire Council.

Max started with Council on 29 August 1972 in the works team as a labourer undertaking tasks such as tar patching and street construction. He then moved onto driving a backhoe which led him to his current role that he has held for the past 35 years as Council’s Rural Grader Operator.

Congratulations and thank you from Council and the Community for your commitment and service to Council.

 

7.          Urgent Business

There was no urgent business

8.          Staff Reports – Community, Environment and Planning

 

8.1

Finalisation of draft amendments to requirements for off-street car and bicycle parking

 

A motion was moved by Crs Nadin and Allen

To defer this item.

A foreshadowed motion was moved by Cr O’Neil

1.    That Council resolve to adopt the amendments to the requirements for off-street car and bicycle parking in the Bega Valley Development Control Plan 2013 as contained in Attachment 1 to this report.

 

2.    That the adoption of the amendment to the Bega Valley Development Control Plan 2013 be notified in accordance with the Environmental Planning and Assessment Regulation 2021.

3.    That those who made submissions to the amendment to the Bega Valley Development Control Plan 2013 be notified of Council’s decision.

The motion was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Nadin, Allen, Porter and Wright

Against:                  Crs Griff, Seckold, O'Neil and Robin

 

137/22

RESOLVED on the motion of Crs Nadin and Allen

To defer this item.

In favour:             Crs Fitzpatrick, Nadin, Allen, Porter and Wright

Against:                  Crs Griff, Seckold, O'Neil and Robin

 

 

8.2

Endorsement of planning proposal for Pambula Merimbula Golf Club

138/22

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council officers submit the Pambula Merimbula Golf Club planning proposal (Attachment 1) to the Department of Planning and Environment for Gateway Determination.

2.    That following Gateway Determination, the planning proposal be placed on public exhibition.

3.    That at the conclusion of the exhibition period, Council officers prepare a further report to Council if material amendments to the planning proposal are required to address submissions received during the exhibition period.

4.    That should no material amendments to the planning proposal be required in response to submissions received during the exhibition period, Council officers progress the planning proposal to finalisation and gazettal without a further report to Council

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

8.3

Alcohol Free Zones and Alcohol Prohibited Areas

139/22

RESOLVED on the motion of Crs O'Neil and Seckold

 That Council:

1.    Resolves to support, in principle and subject to community feedback, the cancellation and re-        establishment of current and expired alcohol free zones

2.    Notes that consultation with the local police, the community and other stakeholders will be         undertaken as required under the Ministerial Guidelines and Local Government Act.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

9.          Staff Reports – Assets and Operations

 

9.1

Bega Valley Local Traffic Committee

140/22

RESOLVED on the motion of Crs Porter and Nadin

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 1 June 2022 and tabled at the 17 August 2022 Council meeting.

1.    Reboot in Bermagui 2022 – Fun Run on Saturday 1 October 2022

1.    That the proposed arrangements involving sections of road reserves in Tilba Road, South Tilba Road, Wallaga Lake Road, Keating Drive, Narira Street, Wapengo Street, Lamont Street, Bermagui for the ReBoot in Bermagui Fun Runs on Saturday, 1 October 2022 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

2.    That the proposed arrangements involving road crossings at the intersections of Keating Drive/Wallaga Lake Road, Narira Street/Wallaga Lake Road, Wapengo Street/Wallaga Lake Road, Lamont Street/Bermagui Fishermans Wharf access road, Lamont Street/Lions Park car park access, Lamont Street/ Dickinson Park access roads, Bermagui for the ReBoot in Bermagui Fun Runs on Saturday, 1 October 2022 be supervised by qualified Marshalls.  Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

3.    That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate Safework NSW and 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 indemnifying Bega Valley Shire Council, NSW Police and TfNSW by name 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, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport.

9.    That after the event, organisers are to clean up any rubbish or waste left behind.

10.  That the event operates strictly under the NSW Health Department COVID 19 conditions.

2.    Reboot in Bermagui 2022 – Bicycle Ride on Sunday 2 October 2022

The representative of the Local Traffic Committee (LTC) have again raised concerns regarding the proposed peloton style community group social bike ride from Bermagui’s Dickinson Park to the Cobargo Showground and back, proposed for Sunday 2 October.

After consideration, members of the LTC agreed on the event being able to go ahead. 

Police and TfNSW have some concerns regarding the road environment, topography and traffic flow for the proposed Bermagui to Cobargo route, but this being said, Police do not object to the proposition of the event being held.

TfNSW would like it noted in the minutes that a full, partial, or moving road closure would be a preferred option to manage this cycle event on the Sunday 2 October 2022

Therefore, the event is recommended for approval under the following additional conditions:

1.    That the proposed arrangements involving sections of road reserves in Wallaga Lake Road and Cobargo Bermagui Road for the ReBoot in Bermagui Bicycle Ride on Sunday, 2 October 2022 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and TfNSW Traffic Control Guidelines.

2.    As advised by the event organiser’s, due to the expected low number of competitors, the event is limited to a maximum of 50 riders.

3.    All participants will need to be 16 years old or older.

4.    As this is not a race, the proposed peloton length is not to exceed 100 metres from lead rider to end rider.

5.    There are to be two escort vehicles, one lead, one rear, in addition to a support vehicle. The support vehicle is to collect stragglers or injured riders, along with their bicycles and remain with the event distant from the rear escort vehicle and alerting approaching vehicles of the event ahead.

6.    The lead escort vehicle shall be sufficient distance ahead of the peloton to advise approaching motorists of the approaching event.

7.    The rear escort vehicle is to stay with the rear of the peloton to alert approaching motorists of the event and to prevent other vehicles entering the peloton.

8.    The event organisers are to place advertising signs on either end of the Cobargo Bermagui Road alerting motorists of the upcoming event. The signs shall indicate the date of the event, the start and finish time, and alerting motorists of minor traffic delays.

3.    Installing line marking and No Stopping signs – Merimbula Airport

        That Council approve the installation of No Stopping zone as shown on the submitted plan referenced as Plan Number 5082 as shown in the Merimbula Airport Linemarking Report

4.    Imlay Street Zebra Crossing

        That Council approve the recommended locations for these crossings as described in the attachment.

5.    Zingel Place Zebra Crossing

        That Council approve the recommended location for the crossing as described in the attachment.    

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

9.2

Pambula Sports Building Funding

141/22

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council confirm the Pambula Sports Building project is the priority major project for         external funding within the Parks, Aquatics and Recreation asset categories.

2.    That Council continues to apply for external grant funding to progress with the project.

3.    That Council confirm that it will contribute up to one third of the total project value to         support funding applications to be funded by the future Section 7.11 and 7.12 Local         Infrastructure Contributions Program or borrowings. 

4.    That a further report be brought to Council following the outcomes of the Building Better         Regions Fund and the soon to be submitted NSW Office of Sport funding program

5.    That Council write to the Local Federal Member seeking feedback on the progress of         assessment of the Building Better Regions fund and requesting advice on other suitable         federal funding opportunities to progress the Pambula Sporting Complex project.

6.    That Council write to the Sports Minister seeking a timeframe for an estimated notification         date on the office of sport funding program

 In favour:            Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

9.3

RFT 2122-015 Coopers Gully Road Disaster Recovery Funding Arrangements (DRFA) Transport Infrastructure Repairs

142/22

RESOLVED on the motion of Crs Allen and Robin

1.    That Council accepts the recommendations outlined in the confidential attachment

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

143/22

RESOLVED on the motion of Crs Allen and Robin

2.    That Council accepts the tender from Leed Engineering & Construction Pty Ltd in relation to contract for the works described in tender RFT 2122-015, in the amount of $680,416.36 (excluding GST), subject to variations and provisional sums

3.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2122-015

4.    That all tenderers be advised of Councils decision

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

 

 

10.        Staff Reports – Business and Governance

 

10.1

Road transfer request - DA 2003.95 Stanley Street, Eden

144/22

RESOLVED on the motion of Crs Seckold and Robin

1.    That point 2 of resolution 104/21 be revoked.

2.    That Council progresses the road transfer application for the sections of Stanley and Curalo Streets, Eden described in Development Application 2003.95.

3.    That Council enters into a Deed of Agreement with the applicant outlining road construction and maintenance obligations prior to progressing the road transfer application.

4.    That all costs associated with this matter be borne by the applicant.

5.    That the Mayor and Chief Executive Officer be delegated authority to negotiate, finalise and execute the Deed of Agreement and the official seal of Council be affixed to the document.

6.    That Council delegate authority to the Mayor and Chief Executive Officer to negotiate a Deed of Agreement for any future Crown Road transfer matter where there is a need for the road to be upgraded to Council’s construction standard and Council hereby authorise its official seal to be affixed to the documents under the signature of the Chief Executive Officer and Mayor. 

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.2

Review of Council Policies - adoption of exhibited documents Batch 2 submissions received

145/22

RESOLVED on the motion of Crs O'Neil and Nadin

1.    That Council adopt Policy 6.16 Community Engagement with the amendments as outlined in this report.

2.    That Council note the submission received on Policy 3.07 Climate Change, and adopt the policy as endorsed at the Council meeting on 18 May 2022.

3.    That the adopted documents be published on Council’s website

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.3

Review of Council Policies - adoption of exhibited documents Batch 2

146/22

RESOLVED on the motion of Crs Seckold and Nadin

1.    That Council receive and note that there were no submissions received regarding the policies listed in item 2 following public exhibition 

2.    That Council adopts the following policies as endorsed on 18 May 2022:

a)    Policy 1.08 Parks, Aquatics and Recreation

b)    Policy 3.01 Development Administration

c)    Policy 3.02 Environmental Management

d)    Policy 3.05 Environmental Sustainability for Council Operations

e)    Policy 4.09 Families and Children

f)     Policy 4.12 Environmental and Public Health

g)    Policy 4.14 Burning Off in Open Areas

2.    That Council revoke Policy 1.07 Public Reserve Management

3.    That the adopted documents be published on Council’s website

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.4

Adoption of Policy 6.23 - Payment of Expenses and Provision of Facilities to Councillors

147/22

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council receive and note the update to section 1.4.2.1 of Policy 6.23 Payment of Expenses and Provision of Facilities for Councillors and the policy be exhibited for a period of at least 28 days and that submissions be received for 42 days.

2.    That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited policy be adopted and published on Council’s website.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.5

Review of Council Policies - Batch 5

148/22

RESOLVED on the motion of Crs O'Neil and Wright

1.    That Council places the following draft policies on public exhibition:

·    Policy 1.09 Community Grants Program

·    Policy 4.16 Child safe organisation (new)

·    Policy 6.01 Governance

·    Policy 6.02 Behaviour of Councillors and Staff

·    Policy 6.03 Risk Management

·    Policy 6.04 Conditions of Employment

·    Policy 6.05 Work Health and Safety

·    Policy 6.06 Financial Management

·    Policy 6.07 Investments

·    Policy 6.11 Records Management

·    Policy 6.13 Organisational Service Standards

·    Policy 6.14 Use of Council Seal

·    Policy 6.18 Fraud and Corruption Prevention (new)

2.    That the policies listed above be exhibited for a minimum period of 28 days and that submissions be received for 42 days.

3.    That following public exhibition, a further report be presented to Council including any submissions received and submit the final policies recommended for adoption.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.6

Actions from resolutions of Council - Progress Report

149/22

RESOLVED on the motion of Crs Nadin and Wright

That Council note the progress update on implementation of Council resolutions contained within this report.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.7

Local Government NSW (LGNSW) Annual Conference 2022 - Motions

 

A motion was moved by Crs O’Neil and Griff

That the following motions be endorsed:

a.    Audit Arrangements as included in this report

c.    Changes to residential lease termination provisions as included in this report

d.    Doctor servicing of hospitals as included in this report

f.     Funding of Pensioner Rebates as included in this report

g.    Grants as included in this report

h.    Investment in the development of affordable and social housing as included in this         report

i.     Renewable Energy for buildings and infrastructure as included in this report

j.     Roads and bridges as included in this report

k.    Skills Shortages as included in this report

l.     Social and critical worker housing investment as included in this report

m.  The role of the arts in the ongoing recovery of Regional NSW as included in this         report

and the following motions be dealt with separately:

b.    Building Better Regions and Continuity of Grant Programs as included in this report

e.    Electric vehicles as included in this report

n.    Vary policy for Short Term Rental Accommodation (STRA) as included in this report

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

A Point of order was called from Cr O’Neil against Cr Nadin.
Cr Fitzpatrick dismissed the point of order.

A Point of order was called from Cr Nadin against Cr O’Neil.
Cr Fitzpatrick accepted the point of order.

A motion was moved by Crs Allen and Nadin

To not support motion e. Electric vehicles as included in this report

A foreshadowed motion was moved by Crs Griff and Fitzpatrick

To support the motion e. Electric vehicles as included in this report

The motion was put to the vote and it was LOST

In favour:             Crs Fitzpatrick, Nadin, Allen and Porter

Against:                  Crs Griff, Seckold, O'Neil, Robin and Wright

The foreshadowed motion became the motion and was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Porter, O'Neil, Robin and Wright

Against:                  Cr Allen

A motion was moved by Crs Griff and Nadin

That an additional motion be added:

That council delegate the Mayor and CEO to develop a motion to be submitted to the LGNSW conference with the broad intent of calling on the government to allow the rating of forestry and other currently unrateable government land with the motion circulated to councillors prior to submission

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

A motion was moved by Crs Wright and Seckold

That an additional motion be added:

That the CEO and Mayor draft a motion based on the intent that council election candidates be require to undertake a working with children check and that they be excluded form election should the result of the working with children check indicate a notifiable incident or report with the motion circulated to councillors prior to submission

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, O'Neil, Robin and Wright

Against:                  Crs Allen and Porter

150/22

RESOLVED on the motion of Crs O'Neil and Griff

That Council:

1.    Endorse the following Motions being submitted to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on Monday 29 August 2022 to the LGNSW website:

a.    Audit Arrangements as included in this report

c.    Changes to residential lease termination provisions as included in this report

d.    Doctor servicing of hospitals as included in this report

f.     Funding of Pensioner Rebates as included in this report

g.    Grants as included in this report

h.    Investment in the development of affordable and social housing as included in this         report

i.     Renewable Energy for buildings and infrastructure as included in this report

j.     Roads and bridges as included in this report

k.    Skills Shortages as included in this report

l.     Social and critical worker housing investment as included in this report

m.  The role of the arts in the ongoing recovery of Regional NSW as included in this         report

        and the following motions be dealt with separately:

b.    Building Better Regions and Continuity of Grant Programs as included in this report

e.    Electric vehicles as included in this report

n.    Vary policy for Short Term Rental Accommodation (STRA) as included in this report

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

151/22

RESOLVED on the motion of Crs O'Neil and Nadin

b.    Building Better Regions and Continuity of Grant Programs motion be endorsed with the         rewording below:

That LGNSW:

1.    Call on the federal government to reinstate and consider the current applications under the         building better regions fund or a close equivalent immediately assessing previously submitted   and undetermined applications under that program.

2.    Develop an advocacy platform to prevent changes of government discontinuing or freezing         effective programs of the previous government without an equivalent program in place

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

152/22

RESOLVED on the motion of Crs Griff and Fitzpatrick

To support motion e. Electric vehicles as included in this report

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Porter, O'Neil, Robin and Wright

Against:                  Cr Allen

153/22

RESOLVED on the motion of Crs Porter and O'Neil

n.    Vary policy for Short Term Rental Accommodation (STRA) be endorsed with the rewording below:

That LGNSW:

1.    Vary policy for Short Term Rental Accommodation (STRA) as included in this report with the         addition of a part 2 to the motion that states:

2.    Call on the NSW Government to develop a model and pathway in consultation with the Local         Government sector for STRA providers to be required to pay rates or levies to create parity         other business holiday accommodation providers and further incentivize longer term         tenancies rather than STRA.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

154/22

RESOLVED on the motion of Crs Griff and Nadin

That an additional motion be added:

That council delegate the Mayor and CEO to develop a motion to be submitted to the LGNSW conference with the broad intent of calling on the government to allow the rating of forestry and other currently unrateable government land with the motion circulated to councillors prior to submission

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

155/22

RESOLVED on the motion of Crs Wright and Seckold

That an additional motion be added:

That the CEO and Mayor draft a motion based on the intent that council election candidates be require to undertake a working with children check and that they be excluded form election should the result of the working with children check indicate a notifiable incident or report with the motion circulated to councillors prior to submission

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, O'Neil, Robin and Wright

Against:                  Crs Allen and Porter

156/22

RESOLVED on the motion of Crs Nadin and O'Neil

2.    Delegate the Mayor and CEO to finalise a motion for submission to the LGNSW conference in         consultation with the Bega, Eden and Merrimans Local Aboriginal Land Councils with the         broad intention of NSW and Federal Governments improving the timeliness of how         Aboriginal Land Claims and Native Title Claims are being processed.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.8

Report on Implementation of Council's Operational Plan 2021-22

157/22

RESOLVED on the motion of Crs O'Neil and Griff

That Council

1.     receive and note the 2021-22 Operational Plan progress report for the period 1 January 2022 to 30 June 2022 and,

2.    include Attachment 1 of this report with the 2021-22 Annual Report.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

03:45 pm      Cr O'Neil left the meeting.

 

10.9

Certificate of Investment July 2022

158/22

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council receive and note the report on Council’s investment position at 31 July 2022.

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

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, Robin and Wright

Against:                  Nil

Absent:                    Cr O'Neil

03:47 pm      Cr O'Neil returned to the meeting.

 

10.10

Carry Forwards and Revotes at End of Financial Year 2022

159/22

RESOLVED on the motion of Crs Nadin and Seckold

That Council:

1.    Receive and note the Financial Year 2022 carry forward projects and;

2.    Resolves to revote the budget allocation for projects not commenced contained in this report. The allocation is to be moved from the FY2022 budget and applied to the corresponding budget in FY2023.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

 

10.11

Wanderer Festival at Pambula Sporting Complex Fee Structure

 

A motion was moved by Crs Fitzpatrick and Allen

That Council:

1.    Apply a fee for the 2022 ‘Wanderer Festival’ to be held at the Pambula Sporting Complex from 23-25 September 2022 of $8,442 including GST in lieu of what the fee would be in accordance with the cumulative amounts under Council’s adopted fees and charges for the respective subcomponents of the event

2.    Waive the relevant waste disposal fees for fees recyclable materials for 2022 ‘Wanderer Festival’ to be held at the Pambula Sporting Complex from 23-25 September 2022

3.    Waive the Liquid Trade Waste fees for the “Wanderer Festival” for any liquid trade waste that cannot be handled on site

4.    Receive a report post the event on the lost revenue associated with items 2 and 3 in this report

5.    Develop a procedure for assessment of fees and charges associated with major events on council managed land where there is demonstrated broader community benefit

6.    Recognise appropriate conditions are in place within a Use of Public Land approval to address insurance for the event

7.    Note the grant submission being prepared to better facilitate large scale events in the future

An amendment was moved by Crs Nadin and Porter

That Council:

1.    Apply a fee for the 2022 ‘Wanderer Festival’ to be held at the Pambula Sporting Complex from 23-25 September 2022 of $8,442 including GST in lieu of what the fee would be in accordance with the cumulative amounts under Council’s adopted fees and charges for the respective subcomponents of the event

2.    Waive the relevant waste disposal fees for fees recyclable materials for 2022 ‘Wanderer Festival’ to be held at the Pambula Sporting Complex from 23-25 September 2022

3.    Waive the Liquid Trade Waste fees for the “Wanderer Festival” for any liquid trade waste that cannot be handled on site

4.    Receive a report post the event on the lost revenue associated with items 2 and 3 in this report

2.    Develop a procedure for assessment of fees and charges associated with major events on council managed land where there is demonstrated broader community benefit

3.    Recognise appropriate conditions are in place within a Use of Public Land approval to address insurance for the event

4.    Note the grant submission being prepared to better facilitate large scale events in the future

5.    That the above support be conditional on the event organiser providing a report to council outlining the outcomes of the event including the same metrics they are required to report back to the NSW Government in line with their grant funding deed

The amended motion became the motion and was put to the vote and it was CARRIED.

In favour:             Crs Nadin, Allen, Porter, O'Neil and Wright

Against:                  Crs Fitzpatrick, Griff, Seckold and Robin

160/22

RESOLVED on the motion of Crs Nadin and Porter

That Council:

1.    Apply a fee for the 2022 ‘Wanderer Festival’ to be held at the Pambula Sporting Complex from 23-25 September 2022 of $8,442 including GST in lieu of what the fee would be in accordance with the cumulative amounts under Council’s adopted fees and charges for the respective subcomponents of the event

2.    Develop a procedure for assessment of fees and charges associated with major events on council managed land where there is demonstrated broader community benefit

3.    Recognise appropriate conditions are in place within a Use of Public Land approval to address insurance for the event

4.    Note the grant submission being prepared to better facilitate large scale events in the future

5.    That the above support be conditional on the event organiser providing a report to council outlining the outcomes of the event including the same metrics they are required to report back to the NSW Government in line with their grant funding deed

In favour:             Crs Nadin, Allen, Porter, O'Neil and Wright

Against:                  Crs Fitzpatrick, Griff, Seckold and Robin

 

11.        Councillor Reports

 

11.1

Cr Seckold - Montreal Goldfields S355 Committee report

 

Cr Seckold’s report was noted.

 

12.        Rescission/Alteration Motions

There were no rescission/alteration motions.

04:08 pm      Cr Nadin left the meeting.

04:10 pm      Cr Nadin returned to the meeting.

13.        Notices of Motion

 

13.1

Cuttagee Bridge

 

A motion was moved by Crs O’Neil and Griff

1.    That council urgently seek an update from the NSW Government on the progress of the regional road transfer and classification review which may impact future management responsibility for the Tathra-Bermagui Road and consequentially Cuttagee Bridge.

2.    That staff prepare a report for Council prior to the September Quarterly Budget Review outlining the estimated cost to undertake/commission an options assessment and cost benefit analysis to guide a future decision on the renewal/replacement of Cuttagee Bridge

3.    The report referred to in item 2 is to be based on the following scenarios:

·        Single lane timber option

·        A composite one- or two-lane structure with a timber superstructure

·        A two-lane concrete structure

4.    The report is to include recommended criteria and weightings to be incorporated as a guide in a consultancy scope.  Indicative criteria should include:

·        Construction and whole of life costings

·        Conservation of heritage, recreational, environmental and scenic values

·        Contribution of the bridge to tourism as part of a broader route

·        Traffic and pedestrian safety

·        Resilience and coastal management

·        Need for access for essential services including fire and buses and local freight capacity up to 25 tonnes mass

An amendment was moved by Crs Nadin and Allen

1.    That council urgently seek an update from the NSW Government on the progress of the regional road transfer and classification review which may impact future management responsibility for the Tathra-Bermagui Road and consequentially Cuttagee Bridge. 

2.    Once the NSW Government has advised council of their determination of future management     of the road, and should the decision be that Council retain responsibility for the road,     staff prepare a report for Council outlining the estimated cost to undertake/commission an   options assessment and cost benefit analysis to guide a future decision on the         renewal/replacement of Cuttagee Bridge

3.    The report referred to in item 2 is to be based on the following scenarios:

• A composite concrete and timber two-lane structure with a timber superstructure

• A two-lane concrete structure

4.    The report is to include recommended criteria and weightings to be incorporated as a guide         in a consultancy scope. Indicative criteria should include:

• Construction and whole of life costings

• Conservation of heritage, recreational, environmental and scenic values

• Contribution of the bridge to tourism as part of a broader route

• Traffic and pedestrian safety

• Resilience and coastal management

• Need for access for essential services including fire and buses and local freight

A Point of order was called from Cr Porter regarding Cr O’Neil.
Cr Fitzpatrick dismissed the point of order.

In favour:             Crs Fitzpatrick, Nadin, Seckold, Allen and Porter

Against:                  Crs Griff, O'Neil, Robin and Wright

 

A motion was put that the amendment became the motion, it was put to the vote and it was CARRIED

The amendment became the motion and was moved by Crs Nadin and Seckold

An amendment to the motion was moved by Crs O’Neil and Wright and was accepted by Crs Nadin and Seckold so became the motion

1.    That council urgently seek an update from the NSW Government on the progress of the regional road transfer and classification review which may impact future management responsibility for the Tathra-Bermagui Road and consequentially Cuttagee Bridge. 

2.    Once the NSW Government has advised council of their determination of future management     of the road, and should the decision be that Council retain responsibility for the road, staff   prepare a report for Council outlining the estimated cost to undertake/commission an   options assessment and cost benefit analysis to guide a future decision on the         renewal/replacement of Cuttagee Bridge. Should a response not be provided by the NSW         Government by the end of October 2022 the above mentioned report be provided to Council.

3.    The report referred to in item 2 is to be based on the following scenarios:

• A composite concrete and timber two-lane structure with a timber superstructure

• A two-lane concrete structure

4.    The report is to include recommended criteria and weightings to be incorporated as a guide         in a consultancy scope. Indicative criteria should include:

• Construction and whole of life costings

• Conservation of heritage, recreational, environmental and scenic values

• Contribution of the bridge to tourism as part of a broader route

• Traffic and pedestrian safety

• Resilience and coastal management

        • Need for access for essential services including fire and buses and local freight

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Porter, O'Neil, Robin and Wright

Against:                  Cr Allen

 

161/22

RESOLVED on the motion of Crs Nadin and Seckold

1.    That council urgently seek an update from the NSW Government on the progress of the regional road transfer and classification review which may impact future management responsibility for the Tathra-Bermagui Road and consequentially Cuttagee Bridge. 

2.    Once the NSW Government has advised council of their determination of future management     of the road, and should the decision be that Council retain responsibility for the road, staff   prepare a report for Council outlining the estimated cost to undertake/commission an   options assessment and cost benefit analysis to guide a future decision on the         renewal/replacement of Cuttagee Bridge. Should a response not be provided by the NSW         Government by the end of October 2022 the above mentioned report be provided to Council.

3.    The report referred to in item 2 is to be based on the following scenarios:

• A composite concrete and timber two-lane structure with a timber superstructure

• A two-lane concrete structure

4.    The report is to include recommended criteria and weightings to be incorporated as a guide         in a consultancy scope. Indicative criteria should include:

• Construction and whole of life costings

• Conservation of heritage, recreational, environmental and scenic values

• Contribution of the bridge to tourism as part of a broader route

• Traffic and pedestrian safety

• Resilience and coastal management

        • Need for access for essential services including fire and buses and local freight

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Porter, O'Neil, Robin and Wright

Against:                  Cr Allen

 

 

13.2

Greenery in Merimbula Town Centre

162/22

RESOLVED on the motion of Crs Nadin and Wright

1.    That council gives in-principle support for the community project proposal;

2.    Council work with the applicants to establish the necessary approvals for the project to take place, even if it’s in stages.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

 

14.        Questions with Notice

 

14.1

Cr Allen - 2022 NSW  Local Government Conference cost update

 

A response to Cr Allen’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 17 August 2022.

 

14.2

Cr Griff - Climate Resilience Strategy progress

 

A response to Cr Gifff’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 17 August 2022.

 

14.3

Cr Fitzpatrick - Stages 8 and 9 of the Mirador subdivision

 

A response to Cr Fitzpatrick Question without Notice from 20 July 2022 Ordinary Council Meeting was provided in the Ordinary Council Meeting Agenda of 17 August 2022.

 

15.        Questions without Notice

 

15.1

Cr Nadin - Write to non-residential rate payers to encourage them to list their second property on the long-term rental market

 

Cr Nadin asked the cost and feasibility of writing to non-residential rate payers to encourage them to list their properties on the long-term rental market

Acting Director Community, environment and planning responded: An initial analysis by staff has identified 3225 residential assessments (with a dwelling) with a postal address outside of our LGA. It will cost around $5000 to send a letter to each recipient.

 

15.2

Cr Nadin - Council's new electric lawn mower

 

Cr Nadin asked what are the whole of life costs and benefits of our new electric lawn mower versus a petrol equivalent and was it purchased locally?

Acting Director Assets and Operations, Ian Macfarlane took the question on notice.

 

16.        Confidential Business  

There was no confidential business.

17.        Noting of Resolutions from Closed Session

There were no noting of resolutions from closed session.

18.        Declassification of reports considered previously in closed session

There were no declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 04:56 pm.

Confirmed  Russell Fitzpatrick
             
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 17 August 2022.