1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

129/21

RESOLVED on the motion of Crs Bain and Allen

That the Minutes of the Ordinary Meeting held on 16 June 2021 as circulated, be taken as read and confirmed.

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

Against:                  Nil

6.1

Farewell to Leanne Barnes - General Manager

The Mayor made a farewell speech, acknowledging this as the last Council Meeting for General Manager Leanne Barnes, ahead of her departure from Council on 2 July 2021, and thanking her for her contribution over the last 19 ½ years.

Ms Barnes responded.

7.1

Delegation - Loan Agreement Signing

Background

At is meeting of 25 November 2020, Item 11.5 Merimbula Airport – Infrastructure Upgrades Progress Report was resolved as follows:

The resolution neglected to include the delegation to the Mayor and General Manager to execute the loan agreement, under Council seal.

The loan agreement is required to be signed by 30 June 2021, justifying the need for this item to be considered as urgent business.       

130/21

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.       That this item be dealt with now.

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

Against:                  Nil

131/21

RESOLVED on the motion of Crs Fitzpatrick and Dodds

2.    That Council authorise the Mayor and General Manager to execute the loan agreement with         Tcorp for the Airport Terminal Upgrade, as per item 6 of resolution 263/50 of the Ordinary         Council Meeting of 25 November 2020.

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

Against:                  Nil

.

Movement of Item 13.5

132/21

RESOLVED on the motion of Crs Allen and Bain

That Item 13.1 be moved forward in the agenda to be dealt with now.

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

Against:                  Nil

13.5

Request for Council to act as a guarantor on a loan for the purposes of extending the Eden Killer Whale Museum building

A motion was moved by Crs Fitzpatrick

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.

The motion was withdrawn by Cr Fitzpatrick

A motion was moved by Crs Fitzpatrick and Allen

1.    That Council give in principal support to act as guarantor for a building extension loan of         $600,000 on a principal and interest repayment loan over 15 years for the Eden Killer Whale         Museum Incorporated (EKWM).

2.    That the EKWM provide detailed financials for the Project

3.    That  financials of EKWM be presented to council no later than 31^st October each year to         confirm that EKWM are in a financial position to meet repayments as per the loan         agreement.

The motion was put to the vote and it was CARRIED

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

Against:                  Nil

133/21

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council give in principal support to act as guarantor for a building extension loan of         $600,000 on a principal and interest repayment loan over 15 years for the Eden Killer Whale         Museum Incorporated (EKWM).

2.    That the EKWM provide detailed financials for the Project

3.    That  financials of EKWM be presented to council no later than 31^st October each year to         confirm that EKWM are in a financial position to meet repayments as per the loan         agreement.

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

Against:                  Nil

8.1

Inclusion of new flooding clauses in Bega Valley Local Environmental Plan 2013

134/21

RESOLVED on the motion of Crs Dodds and Seckold

That this item be dealt with today.

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

Against:                  Nil

135/21

RESOLVED on the motion of Crs Dodds and Seckold

That Council:

1.    Notes the mandatory amendment to Section 6.3 of Bega Valley Local Environmental Plan 2013 to adopt the standard Flood Planning clause.

2.    Formally advises the Department of Planning, Industry and Environment that it wishes to incorporate the optional Special Flood Considerations clause into Bega Valley Local Environmental Plan 2013 as detailed in this report.

3.    Notes that Council officers will provide a further report, which will include a recommendation         to publicly exhibit proposed changes to Bega Valley Development Control Plan 2013 to clarify         planning controls related to these clauses.

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

Against:                  Nil

8.2

Draft Wonboyn Entrance Management Policy

136/21

RESOLVED on the motion of Crs Dodds and Griff

That the matter be dealt with today.

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

Against:                  Nil

An amendment was proposed by Dr Howe

1.       That Council resolves to adopt the Wonboyn Lake Entrance Management Policy (Attachment 2).

2.       Council meet regularly with relevant stakeholders to discuss implementation of entrance management policies across Bega Valley Shire, including the Wonboyn Entrance Management Policy.

3.    That those who made a submission on the draft Policy be advised of Council’s decision on this matter.

137/21

RESOLVED on the motion of Crs Dodds and Griff

1.       That Council resolves to adopt the Wonboyn Lake Entrance Management Policy (Attachment 2).

2.       Council meet regularly with relevant stakeholders to discuss implementation of entrance management policies across Bega Valley Shire, including the Wonboyn Entrance Management Policy.

3.    That those who made a submission on the draft Policy be advised of Council’s decision on this matter.

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

Against:                  Nil

8.3

Finalisation of Commercial Land Use Strategy Planning Proposal

Note: The updated version of Attachment 1 as tabled at the meeting of 16 June 2021 is available on Council’s website https://begavalley.nsw.gov.au/page.asp?f=RES-RBZ-35-20-81

A motion was moved by Crs Nadin and Seckold

That this item be deferred.

The motion was put to the vote and it was CARRIED

All, Bain, Seck, Nad

Dodds, Griff, Fitz

A motion was foreshadowed by Cr Fitzpatrick

That Council:

1.    Finalise the amendment to Bega Valley Local Environmental Plan 2013 (Amendment 37) as detailed in this report and in accordance with the delegations issued by the Minister for Planning and Public Spaces under Section 3.36 of the Environmental Planning and Assessment Act 1979. 

2.    Advise those who made a submission during exhibition of the planning proposal of Council’s resolution on this matter.

3.    Replace Attachment 1 with the updated version tabled at the meeting, which includes a summary and staff response to two additional submissions

138/21

RESOLVED on the motion of Crs Nadin and Seckold

That this item be deferred.

In favour:             Crs Bain, Nadin, Seckold and Allen

Against:                  Crs Fitzpatrick, Griff and Dodds

8.4

Submission on Proposed Employment Zones Framework

139/21

RESOLVED on the motion of Crs Bain and Fitzpatrick

That Council provides a formal submission (Attachment 1) to the NSW Department of Planning, Industry and Environment on the Position Paper: Proposed Employment Zones Framework and associated supporting documents.

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

Against:                  Nil

Absent:                    Cr Dodds

11.1

Classification of land within the Central Waste Facility

140/21

RESOLVED on the motion of Crs Bain and Allen

1.    That Council note the 28-day public notification process has been completed regarding the proposal to classify Lot 1 DP 1271967 within the Central Waste Facility as operational land, with no submissions received.

2.    That Council resolve to classify Lot 1 DP 1271967 within the Central Waste Facility as         operational land under Section 31 of the Local Government Act 1993.

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

Against:                  Nil

Absent:                    Cr Dodds

11.2

Road Naming - Jacksonia Grove, Bega

141/21

RESOLVED on the motion of Crs Bain and Allen

1.    That Council receive and note the report.

2.    That Council maintain the road name Jacksonia Grove, Bega in the current location.

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

Against:                  Cr Griff

11.3

Bega Valley Local Traffic Committee

An addition to the motion was proposed by Mr McMahon:

1.         That, subject to conditions, the on-road components for the Coast to Kosci Ultramarathon              scheduled for Friday December 3 to Sunday December 5, 2021 be approved. If the event is              unable to proceed on Friday December 3 to Sunday December 5, 2021, then Friday              November 26 to Sunday November 28, 2021 be approved as alternate dates for the event.

2.         That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro              on Saturday, 12 June and Sunday, 13 June 2021 be approved. If the event is unable to              proceed on Saturday, 12 June and Sunday, 13 June 2021, then Saturday, 11 September and              Sunday, 12 September 2021 be approved as alternate dates for the event.

3.          That Council provides the General Manager with delegation to approve changes to              approved dates for events within the Bega Valley Shire as considered by the Bega Valley              Local Traffic Committee

A motion was moved by Crs Bain and Dodds

That the addition to the motion proposed by Mr McMahon be included in the officers recommendation.

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

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

Against:                  Nil

142/21

RESOLVED on the motion of Crs Bain and Dodds

1.         That, subject to conditions, the on-road components for the Coast to Kosci Ultramarathon              scheduled for Friday December 3 to Sunday December 5, 2021 be approved. If the event is              unable to proceed on Friday December 3 to Sunday December 5, 2021, then Friday              November 26 to Sunday November 28, 2021 be approved as alternate dates for the event.

2.         That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro              on Saturday, 12 June and Sunday, 13 June 2021 be approved. If the event is unable to              proceed on Saturday, 12 June and Sunday, 13 June 2021, then Saturday, 11 September and              Sunday, 12 September 2021 be approved as alternate dates for the event.

3.          That Council provides the General Manager with delegation to approve changes to              approved dates for events within the Bega Valley Shire as considered by the Bega Valley              Local Traffic Committee

4.          That Council adopt the recommendations of the Bega Valley Local Traffic Committee              minutes dated 2 June 2021 to be tabled at the 30 June 2021 Council meeting.

Coast to Kosci 240km Ultramarathon 3, 4 and 5 December 2021

A submission has been received from Ultra Marketing Pty Ltd and The Summit Track to hold the Coast to Kosci Ultramarathon commencing at 5:30am on Friday 3 December 2021 at Boydtown Beach and finish at 3:30pm on Sunday 5 December 2021 at Charlotte’s Pass.

This event is limited to 50 pre-qualified runners and is continuous running with no stops and an overall cut-off time of 46 hours. The event Coast to Kosci is held in the highest regard amongst the running community, both nationally and internationally.

The Australian Ultra Runners Association (AURA) has endorsed the 2021 Coast to Kosci subject to all formal approvals being received.

Recommendation

That the proposed arrangements involving public roads and footpaths contained in road reserves be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the Transport for NSW (TfNSW) Traffic Control Manual.

That the proposed arrangements involving road crossings be supervised by Marshals. Marshals are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

That the event organisers liaise with local road authorities regarding the availability and safe use of some of the proposed routes due to roads and trails being affected by the recent floods.

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 and Transport for NSW by name for the event.

That organisers have written Police approval prior to conducting the event.

That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

That event organiser liaises with public transport operators.

That the event operates strictly under the NSW Health Department COVID19 conditions.

Link to the application : https://begavalley.nsw.gov.au/page.asp?f=RES-DEW-50-44-25

Penguin Mews in Beach Street, Merimbula

An email was received from the caretaker of the Penguin Mews, Beach Street, Merimbula, see below:

To Whom It May Concern

I am non-resident caretaker at Penguin Mews in Beach Street, Merimbula. I request advice and or assistance with a parking matter, in particular the obstruction of the driveway that serves Units 6, 8, 10 and 12.

Penguin Mews occupies 27-29 Beach Street. The distance between the driveways at 29 and 31 Beach Street is to short to park a car, except for the shortest of cars, and most people do not attempt to park there. Often, this space is used for making a U-turn. Some drivers use this space as a park of last resort when the car park opposite is full and no nearby street parking is available. In over six months I have never seen a driver park there if another spot was available. When it is used for parking, the driveway is usually obstructed. I have included some photos as requested.

I spoke with a driver last week and they said they weren't parked over the driveway which they thought was a pedestrian way not used by cars. This gets to the point whether the crossover mouth is part of the driveway or not. The only document I could find on the internet was from Greater Hume Council which said the mouth of the crossover is part of the driveway which was my understanding also.

Whilst there is a NO PARKING sign painted on the road at the driveway, it is unclear where this begins and ends. Furthermore, the power pole between the driveways at 29 and 31 Beach Street, indicates that parking has a 2hr restriction from the pole to Market Street implying that parking is legal in this space.

Request

I ask that consideration be given to removing the 2hr parking sign from the power pole and positioning it on the Market Street side of the driveway at 31 Beach Street.

A secondary request would be to replace the 2hr parking sign on the pole with a NO PARKING SIGN or MOTORBIKE ONLY, a sign I have seen in Merimbula Drive, or to paint the standard parking bay lines. As a person familiar with the area, my recommendation would be a NO PARKING SIGN as that short strip of kerb is already successfully used for dropping off or picking up passengers as well as performing U-turns.

Recommendation

That Council approve the installation of a “No Stopping” zone between the extremities of the existing driveways of No’s 27 and 29 Beach Street, Merimbula.

Attachment:  Penguin Mews Photo, Beach Street, Merimbula

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

Against:                  Nil

11.4

Proposed new road name: Hukins Lane, Buckajo

143/21

RESOLVED on the motion of Crs Bain and Dodds

1.      That Council receive and note the report.

2.      That Council approve the proposal to name the new road off Buckajo Road in Buckajo as Hukins Lane.

3.      That Council advertise the proposed road name on its website, inviting submissions to the proposal.

4.    That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

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

Against:                  Nil

11.5

Transfer of lease - lease site LS-03 Merimbula Airport

144/21

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council receive and note the report.

2.    That Council approve the transfer of the lease for lease site LS-03 at Merimbula Airport from the existing owner/director of Merimbula Air Services Pty Ltd, Andy Campbell to Tracy Mckee and Bastiaan Bolt who will continue to operate under the Merimbula Air Services Pty Ltd entity.

3.    That the existing lessee, Andy Campbell, be responsible for the payment of all costs associated with the transfer of lease process.

4.    That the Mayor and/or General Manager be authorised to execute the necessary documentation to formalise the above course of action.

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

Against:                  Nil

11.6

RFT 2021-105 Sporting and Parkland Turf Maintenance

145/21

RESOLVED on the motion of Crs Bain and Griff

That the item be moved to later in the agenda.

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

Against:                  Nil

11.7

Traffic and Transport Study for Ford Park / Fishpen

A motion was moved by Crs Fitzpatrick and Bain

1. Council note there may be additional negative traffic impacts in the broader Fishpen area if a new skatepark is constructed at Ford Park, Merimbula

2. That Council note the estimated cost of $60,000 to undertake a traffic and transport study and defer this study to a later date when funding becomes available noting the outcomes of the study may lead to infrastructure upgrade requirements.

3. That Council endorse the Sapphire Skate Association to prepare concepts for a Skatepark at Ford Park noting this does not confer endorsement to construct a Skatepark at that site with further consideration to be given once concepts are developed.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Griff and Dodds

A Point of order was called Cr Bain regarding Cr Griff

The Mayor ruled that there was no point of order.

146/21

RESOLVED on the motion of Crs Fitzpatrick and Bain

1. Council note there may be additional negative traffic impacts in the broader Fishpen area if a new skatepark is constructed at Ford Park, Merimbula

2. That Council note the estimated cost of $60,000 to undertake a traffic and transport study and defer this study to a later date when funding becomes available noting the outcomes of the study may lead to infrastructure upgrade requirements.

3. That Council endorse the Sapphire Skate Association to prepare concepts for a Skatepark at Ford Park noting this does not confer endorsement to construct a Skatepark at that site with further consideration to be given once concepts are developed.

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

Against:                  Crs Griff and Dodds

.

Item 11.6 RFT 2021-105 Sporting and Parkland Turf Maintenance

147/21

RESOLVED on the motion of Crs Dodds and Allen

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

12.1

2021 Local Government Election and Councillor Induction

148/21

RESOLVED on the motion of Crs Allen and Seckold

1.    Note and adopt the ‘Local Government Elections (caretaker period provisions) procedure.

2.    Place the Local Government Elections (caretaker period provisions) procedure on the Council website.

3.    Note the Candidate Information Session to be held on 3 July 2021.

4.    Note the OLG Circular 21-12 “Electoral matter and use of council resources prior to local government elections”

5.    Note and accept the project plan for the Local Government Election and Councillor Induction Program.

6.    Note and adopt the dates proposed for Councillor induction and Council meetings for the period September 2021 through to January 2022. With meeting dates resolved as:

·         Wednesday 22 September: 2.00pm Extraordinary Meeting – Mayoral Election; Councillor Oath/Affirmation

·         Wednesday 6 October: 2.00pm Ordinary Meeting

·         Wednesday 20 October: 2.00pm Ordinary Meeting

·         Wednesday 10 November: 2.00pm Ordinary Meeting

·         Wednesday 1 December: 2.00pm Ordinary Meeting

·         Wednesday 15 December: 2.00pm Ordinary Meeting

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

Against:            Nil

13.1

Certificate of Investment - May 2021

149/21

RESOLVED on the motion of Crs Allen and Dodds

1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 May 2021.

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

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

Against:                  Nil

13.2

Adoption of 2021-2022 Operational Plan and Budget

150/21

RESOLVED on the motion of Crs Allen and Bain

That item (6ii) be considered separately.

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

Against:                  Cr Dodds

151/21

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.      That Council note the submissions received and the summary of submissions with Council Officer responses included at Attachment 1.

2.     That Council adopt the Bega Valley Shire Delivery Program 2017 – 2022, Operational Plan         2021-2022 including the budget and revenue policy included at Attachment 2, with         amendments to pages 118 “capital program highlights” and pages 97-108 of “Attachment         2_21_22 Op Plan - FOR ADOPTION” be replaced with the attached “Replacement Pages -         Improvement Model Financial Statements” as provided in the Supplementary Agenda of         the Ordinary Council Meeting of 30 June 2021, uploaded on 28 June 2021.

3.     That Council officers advise those that made submissions during public exhibition period of Council’s decision.

4.      That Council resolve the annual fee payable to Councillors, paid pro-rata monthly in arrears, from 1 July 2021 to 30 June 2022 will be $20,690

5.     That Council resolve the annual fee payable to the Mayor, paid pro-rata monthly in arrears, from 1 July 2021 to 30 June 2022 will be $45,140

6.     That the Community Project Proposals recently received be supported as follows:

         (6i) proposal for Pambula Aquatic Centre Squash Court additional fit out is given in principle support by Council, subject to compliance with relevant standards and any required approvals and external funding.

        (6iii) proposal for Merimbula Ford Park Clubhouse Renewal and Upgrade - Project development, concept planning and approvals is given in principle support by Council with final concept plan to be reported to Council.

         (6iv) proposal for the Columbine Park Bega kitchen community garden extension is given in         principle support by Council and is dependent on external grant funding

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

Against:                  Nil

A motion was moved by Cr Allen and Bain

That item (6ii) proposal for Cobargo Skate Park ambulant toilet is not supported for 2021/22 and be deferred until the next operational plan.

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

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

Against:                  Nil

A Point of order was called by Cr Dodds.

The Mayor upheld the Point of Order.

152/21

RESOLVED on the motion of Crs Allen and Bain

That item (6ii) proposal for Cobargo Skate Park ambulant toilet is not supported for 2021/22 and be deferred until the next operational plan.

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

Against:                  Nil

.

Adjournment

153/21

RESOLVED on the motion of Crs Fitzpatrick and Bain

That the meeting be adjourned for 5 minutes.

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

Against:                  Nil

13.3

Making of the rates and charges for 2021-2022

154/21

RESOLVED on the motion of Crs Dodds and Fitzpatrick

That the Revenue Policy (Attachment 1) be adopted as part of the Operational Plan 2021-2022.

That the following rates and charges be applied in accordance with Sections 534 and 535 of the Local Government Act 1993,  

1. General Rates:

•     to make a Base rate of $535.00 on each rateable parcel of land and an ad-valorem rate of 0.003173 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 (the LG Act) and;

•     to make a Base rate of $535.00 on each rateable parcel of land and an ad-valorem rate of 0.003173 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 515 of the LG Act and;

•     to make a Base rate of $535.00 on each rateable parcel of land and an ad-valorem rate of 0.006662 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 518 of the LG Act and;

•     to make a Base rate of $535.00 on each rateable parcel of land and an ad-valorem rate of 0.006662 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 517 of the LG Act and;

2. Stormwater Charge:

•     to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

•     to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act.

3. Waste and Recycling Collection Charge:

•     in accordance with Section 496 and 501 of the Local Government Act 1993, that Council make waste management charges for 2021-2022:

4.Water supply services charges:

·    to make a water access base charge for all properties with a 20mm water connection of $251 and a water usage charge of $3.16 per kilolitre in accordance with Sections 501 and 502 of the LG Act and;

·    to make a water access charge for all properties with larger water connections based on increments of the base charge and;

•     to make a water access charge of $251 for all properties that are unconnected to a water supply system and able to connect and;

•     to make fifty-three (53) kilolitres per quarter free of charge for all registered patients using home dialysis machines or other certified medical treatments, subject to a medical certificate from the Southern NSW Local Health District.

5. Sewerage Services Charges

For all residential properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act, including each residential strata lot and each residential dwelling on a multi-dwelling lot:

·    to make a uniform residential sewerage charge of $1,271 for all properties connected to a sewerage system and;

·    to make a uniform residential sewerage charge of $635 for all properties that are unconnected to a sewerage system and able to connect.

For all non-residential properties categorised as business or mining in accordance with Sections 517 and 518, including strata and non-strata developments:

·    to make a uniform non-residential sewerage access base charge of $1,271 for all properties with a 20mm water connection that are connected to a sewerage system and;

·    to make a uniform non-residential sewerage access base charge of $635 for all properties that are unconnected to a sewerage system and able to connect and;

·    to make a non-residential sewerage assess charge for all properties with larger water connections based on increments of the base charge and;

·    to make non-residential sewerage bills based on multiplying a sewer discharge factor by both the non-residential sewerage access charge and by water usage multiplied by a water usage charge of $4.59 per kilolitre and;

·    to make sewer discharge factors based on guidance material provided by the NSW Government and;

·    to make changes to Sewer Discharge Factors in individual circumstances based on an assessment of water usage and discharge locations.

6. Liquid Trade Waste Charges

·    to make Liquid Trade Waste (LTW) charges pursuant to Section 501 of the LG Act and;

·    to make bills for Category 1 dischargers requiring nil or minimum pre-treatment as an annual fee and;

·    to make bills for Category 2 dischargers with prescribed pre-treatment as an annual fee plus the volume of LTW discharged multiplied by $1.86 a kilolitre and;

·    to make bills for Category 2S dischargers that transport and discharge human waste, or discharge from ship-to-shore pump-out facilities or dump-points, as an annual fee plus the volume of LTW discharged multiplied by $17.00 a kilolitre and; 

·    to make bills for Category 3 large and industrial dischargers as an annual fee plus excess mass charges and;

·    to make estimations of the volume of LTW discharged by multiplying water usage by LTW discharge factors based on guidance material provided by the NSW Government.

6. High Usage Charge:

·    to make a process for non-residential developers to reduce their upfront costs related to Section 64 developer contributions through paying high usage charges for water used and sewage discharged over Equivalent Tenement (ET) credit volumes established for the development and;

·    to make 1 ET for water 205 kL/y and 1 ET for sewer 190 kL/y of metered water use, based on the average annual household water usage and average annual household contribution to a sewerage system and;

·    to make the High Usage Charge for water $2.27/kL and $3.45 for sewer and;

·    to make bills for non-residential customers by adding the high usage charge to the base charge and applying the higher charge rates to volumes used/discharged over established credit volumes within the charging formulas for non-residential water and sewer usage.

7. Pension Claim:

In accordance with Section 575 of the LG Act, Council acknowledges that it must apply the following Pension concession’s to eligible properties, being owned and used as principle places of residence by eligible pension holders.

General Rates and Domestic Waste Services: $250.00

Water Supply Fund: $87.50

Sewerage Supply Fund: $87.50

8. Interest on Overdue Rates and Charges:

Council hereby resolves that in accordance with the provisions of Section 566(3) of the LG Act the interest rate to apply to all outstanding rates and charges for the period 1 July 2021 to 30 June 2022 be calculated at 6% per annum.

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

Against:                  Nil

13.4

Adoption of Fees and Charges 2021-2022

155/21

RESOLVED on the motion of Crs Dodds and Nadin

1.    That Council make each fee and charge for 2021-2022 in accordance with the exhibited Draft Fees and Charges subject to the changes outlined in Attachment 1 to this report.

2.    That the 2021-2022 Fees and Charges once adopted come into effect commencing 1 July         2021.

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

Against:                  Cr Bain

16.1

Proposal not to limit short-term rental accommodation

156/21

RESOLVED on the motion of Crs Nadin and Bain

That Council:

1.    Resolves not to cap short-term rental accommodation in Bega Valley Shire.

2.    Writes to the NSW Department of Planning, Industry and Environment to advise it of Council’s position and advocate for alternative measures to address the impact of short term letting on the availability of permanent rental accommodation.

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

Against:                  Crs Griff and Dodds

A Point of order called by Cr Nadin.

The Mayor ruled that there was no Point of Order.

18.1

Class action against Council's insurer JLT

Cr Bain asked is Council aware of the class action taken against JLT and could Councillors be advised what it involves and what is Bega Valley Shire Council’s position.

The question was taken on notice by Director Business and Governance.

18.2

Tree clearing in Littlewood Estate

Cr Griff has been contacted by constituents concerned about tree clearing in Littlewood Estate and asked if the constituents could be contacted by a Council officer.

Dr Howe responded that 23 trees were required to be protected under the consent, and staff can confirm that this has occurred.

Staff are in the process of responding to the Friends of Glebe Wetlands in relation to the specific number of trees that have been removed from the site under the consent.

18.3

Friends of Glebe Wetlands – Concerns raised by Mr Hugh Pitty

Cr Dodds asked about concerns raised by community representatives about the buffer from flying-fox habitat to the development.

Dr Howe responded that concerns have also been raised by the Friends of Glebe Wetlands about the area mapped as flying-fox habitat. As the consent has now been issued based on the area identified as part of the environmental assessment of that site, Council is not in a position to require an alternative buffer zone. There is an appeal avenue through the Land and Environment Court, should a third party wish to contest that consent.

Adjournment Into Closed Session

157/21

RESOLVED on the motion of Crs Bain and Allen

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

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.

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

20.1

11.6 RFT 2021-105 Sporting and Parkland Turf Maintenance

158/21

RESOLVED on the motion of Crs Allen and Bain

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

2.    That authority be delegated to the General Manager to execute all relevant documentation.

3.    That Council accept tenders from two contractors for the delivery of Services relating to RFT         2021-105.

4.    That Bermagui Country Club be the appointed contractor for the Northern geographical zone,     and Sustainable Turf Management be the appointed contractor for the remainder of the         Shire.

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

Against:                  Nil

21.1

CL50/21 of Confidential Closed Session Council Meeting of 10 March 2021 – Item 11.9 Proposed Divestment of Lot 121 DP847899 Arthur Kaine Drive

159/21

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council note the finalisation of the divestment of Lot 121 DP847899 Arthur Kaine Drive,         Merimbula.

2.    That Council declassify resolution CL50/21 of Item 11.9 Proposed Divestment of Lot 121               DP847899 Arthur Kaine Drive, of the confidential closed session Council Meeting of 10 March         2021:

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

Against:                  Nil