Ordinary Meeting Minutes

Held on Wednesday 1 February 2023

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

Director, Assets and Operations, Mr Ian Macfarlane

Acting Director, Community, Environment and Planning, Mr Keith Tull

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Events, Ms Kellie Dodge

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, I would like to acknowledge and pay our respects to the traditional custodians of the lands, waterways and airspace on which we are gathering.

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.

 

Congratulations to Australia Day Recipients in the Bega Valley Shire

The Mayor congratulated the following recipients of Australia Day Awards in the Bega Valley Shire:

·         Mr David Rugendyke – OAM for service to the community, and to children.

·         Mrs Barbara Rugendyke  – OAM for service to children as a foster carer.

1.

Apologies

 

That the apology of Director Community, Environment and Planning, Mrs Emily Harrison be noted.

 

2.

Confirmation of Minutes

9/23

RESOLVED on the motion of Crs Nadin and Wright

That the Minutes of the Ordinary Meeting held on 18 January 2023 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

Pecuniary Interest

There were no pecuniary interest declarations.

Non Pecuniary Interest

There were no non pecuniary interest declarations.

 

4.          Public Forum

The following deputation was heard:

Item 10.1 | Special Rate Variation – Decision to apply to IPART

·         Ms Vicki McCredie – AGAINST

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 – Community, Environment and Planning

There were no Staff reports – Community, Environment and Planning.

9.          Staff Reports – Assets and Operations

There were no Staff reports – Assets and Operations.

10.        Staff Reports – Business and Governance

 

10.1

Special Rate Variation- Decision to apply to IPART

 

A motion was moved by Crs Fitzpatrick and O’Neil

That Council:

1.    Receive the SRV Community Engagement Summary report (Attachment 1) and associated appendices and attachments.

2.    Proceed with an application for a permanent special rate variation that would generate the same additional revenue as a one off 43% increase over the 10 year Long Term Financial Plan as per Option C but with the increase to be spread over two years in recognition of the financial challenges being faced by ratepayers.

3.    Support the capital ($134.5m) and operational ($3.3m) reductions in levels of service across the 10 year forecast period included in this report as outlined which would be required in the updated Long Term Financial Plan 2023-32 if pursuing  a scenario that generated the equivalent to a one off 43% increase spread over two years as outlined in part 2.

4.    Commit to further reviewing asset and service priorities in future years to ensure future financial sustainability.

5.    Delegate to the Chief Executive Officer to make an application by 3 February 2023 to the Independent Pricing and Regulatory Tribunal (IPART) under s508(A) of the Local Government Act 1993 for an increase to the ordinary rate income equivalent to a one off 43% increase but with the amount to be raised over two years and to be permanently retained within the rate base.

6.    Resolve that the feedback received from the community during the community engagement and public exhibition period along with the Capacity to Pay Report (Attachment 2) is provided to IPART as part of the special rate variation application.

7.    Delegate the Chief Executive Officer to develop a new Long Term Financial Plan that aligns with option C in the General Fund Scenario as presented but with modifications to revenue modelling reflective of other parts of this resolution with the revised Long Term Financial Plan to be submitted to IPART

8.    Note that the Long Term Financial Plan Consolidated Scenarios will be updated to correct anomalies prior to submission to IPART including incorporating necessary and previously identified borrowings in the Water Fund to balance cash flows.

9.    Adopt the updated Strategic Asset Management Plan including Asset Management Plan summaries (Attachment 4).

10.  Consider the implementation of the special rate variation, if proceeding with an application, during the deliberations of Council’s Delivery Program, Operational Plan and budget for 2023-24.

11.  Review the financial hardship assistance procedures in the Financial Management Policy 6.06 - 6.06.01 to ensure they are fit for purpose and support local residents with fairness and integrity particularly in the context of a special rate variation

12.  Renew its call for the state government to fully fund pensioner rate rebates, and commit to persuading every candidate standing  in the Bega electorate this year  to pursue an immediate increase in NSW Pensioner Rate Concession, noting that the discount has not been increased since 1993.

A motion was foreshadowed by Cr Nadin

1.    That council does not proceed with an SRV for the 2024 financial year;

2.    That council commit to a Special Rate Variation application for the 2024-25 financial year, with a reviewed percentage based over two or more years.

3.    The SRV be defined for Roads and Asset Renewal noting that at the rate indicated it will not be sufficient to maintain the current road and asset base meaning the asset base will need to be reduced;

4.    That as part of the SRV application council review its three rating categories (commercial, farmland and residential);

5.    That council consider engaging an external provider to facilitate the public consultation for the SRV with a report to be prepared on proposed scope and costs so a budget can be allocated.

6.    That following the recent service review to councillors, council establish a net expenditure and service review committee of interested councillors with the directive to reduce net operational expenditure of at least $1 million noting this may be linked to a reduction in the asset base that provides services.

7.    Set a goal to reduce the Bega Valley Shire’s asset backlog ratio, to be reported on annually noting that this would only be achievable through a significant reduction in the current asset base compared to current revenue.

8.    Council note that the Independent Pricing and Regulatory Tribunal (IPART) is currently reviewing the rate peg methodology.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Nadin, Griff and Porter

 

10/23

RESOLVED on the motion of Crs Fitzpatrick and O'Neil

That Council:

1.    Receive the SRV Community Engagement Summary report (Attachment 1) and associated appendices and attachments.

2.    Proceed with an application for a permanent special rate variation that would generate the same additional revenue as a one off 43% increase over the 10 year Long Term Financial Plan as per Option C but with the increase to be spread over two years in recognition of the financial challenges being faced by ratepayers.

3.    Support the capital ($134.5m) and operational ($3.3m) reductions in levels of service across the 10 year forecast period included in this report as outlined which would be required in the updated Long Term Financial Plan 2023-32 if pursuing  a scenario that generated the equivalent to a one off 43% increase spread over two years as outlined in part 2.

4.    Commit to further reviewing asset and service priorities in future years to ensure future financial sustainability.

5.    Delegate to the Chief Executive Officer to make an application by 3 February 2023 to the Independent Pricing and Regulatory Tribunal (IPART) under s508(A) of the Local Government Act 1993 for an increase to the ordinary rate income equivalent to a one off 43% increase but with the amount to be raised over two years and to be permanently retained within the rate base.

6.    Resolve that the feedback received from the community during the community engagement and public exhibition period along with the Capacity to Pay Report (Attachment 2) is provided to IPART as part of the special rate variation application.

7.    Delegate the Chief Executive Officer to develop a new Long Term Financial Plan that aligns with option C in the General Fund Scenario as presented but with modifications to revenue modelling reflective of other parts of this resolution with the revised Long Term Financial Plan to be submitted to IPART

8.    Note that the Long Term Financial Plan Consolidated Scenarios will be updated to correct anomalies prior to submission to IPART including incorporating necessary and previously identified borrowings in the Water Fund to balance cash flows.

9.    Adopt the updated Strategic Asset Management Plan including Asset Management Plan summaries (Attachment 4).

10.  Consider the implementation of the special rate variation, if proceeding with an application, during the deliberations of Council’s Delivery Program, Operational Plan and budget for 2023-24.

11.  Review the financial hardship assistance procedures in the Financial Management Policy 6.06 - 6.06.01 to ensure they are fit for purpose and support local residents with fairness and integrity particularly in the context of a special rate variation

12.  Renew its call for the state government to fully fund pensioner rate rebates, and commit to persuading every candidate standing  in the Bega electorate this year  to pursue an immediate increase in NSW Pensioner Rate Concession, noting that the discount has not been increased since 1993.

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

Against:                  Crs Nadin, Griff and Porter

 

11.        Councillor Reports

There were no Councillor reports.

12.        Rescission/Alteration Motions

There were no rescission/alteration motions.

13.        Notices of Motion

 There were no notices of motion.

14.        Questions with Notice

There were no questions with notice.

15.        Questions without Notice

There were no questions without 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 3:46 pm.

Confirmed Russell Fitzpatrick
                               
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 1 February 2023.