Ordinary Meeting Minutes

Held on Wednesday 18 January 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 Director,  Community, Environment and Planning, Mrs Emily Harrison Acting Director, Business and Governance, Mrs Judy Jordan 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.

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

2.	Confirmation of Minutes
1/23	RESOLVED on the motion of Crs Nadin and Seckold That the Minutes of the Ordinary Meeting held on 14 December 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

Pecuniary Interest

Cr Fitzpatrick declared a pecuniary interest regarding Item 10.2 Bega Valley Investment Prospectus 2023 and Advocacy Priorities . Cr Fitzpatrick has been endorsed as a Liberal candidate. A signed declaration form was tabled by Cr Fitzpatrick, he will leave the chamber and not vote.

Non Pecuniary Interest

There were no non pecuniary Interest declarations.

4.          Public Forum

There was no Public Forum.

5.                 Petitions

Cr O’Neil tabled a petition by ratepayers of Bega valley Shire containing 1049 signatures seeking:

· Grant extension until 1 March 2023 for proper Community engagement

· Provide detailed evidence to support Council’s need for the options presented

6.          Mayoral Minutes

There were no Mayoral minutes.

7.          Urgent Business

There was no urgent business.

8.          Staff Reports – Community, Environment and Planning

8.1

Waste disposal fee waiver for Atomic 6 affected residents

2/23

RESOLVED on the motion of Crs Seckold and Nadin 1.    That Council agrees to waive waste disposal fees for bushfire impacted residents to dispose of Atomic 6 building waste 2.    That Council publicly exhibits, as required, its intent to waive waste disposal fees for bushfire impacted residents to dispose of Atomic 6 building waste In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against:                  Nil

9.          Staff Reports – Assets and Operations

9.1	Request for Tender (RFT) 2223-024 Dr George Mountain Road Disaster Recovery Funding Arrangements (DRFA) Embankment Restoration Works
3/23	RESOLVED on the motion of Crs Nadin and Allen 1.    That Council accepts the recommendations outlined in the confidential memo attachment In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against:                  Nil
4/23	RESOLVED on the motion of Crs Nadin and Allen 2.    That Council accepts the tender from LEED Engineering & Construction Pty Ltd in relation to contract for the works described in tender RFT 2223-024, in the amount of $1,667,836.59  (including 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 2223-024 4.    That all tenderers be advised of Council’s decision In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against:                  Nil

9.2

Bega Valley Local Traffic Committee

5/23

RESOLVED on the motion of Crs Porter and Nadin That Council note the December LTC minutes attached to this report and adopt the following recommendations: 1.    That Council approves the accessible parking at Short Point Merimbula. 2.    That Council approves the installation of a “No Stopping” zone at the access driveway to Dr William Loftus Park on William Street, Candelo from its’ northern intersection point with William Street for a distance of 8 metres, (6 metres along fence line) to its’ southern intersection point with William Street for a distance of 8 metres, (6 metres along fence line). 3.    That Council approves the installation of a “No Stopping” zone between the access driveways to 14 and 18 Union Street, Bega, being a length of 6 metres. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against:                  Nil

10.        Staff Reports – Business and Governance

10.1

Electric Vehicle Charging Stations

6/23

RESOLVED on the motion of Crs O'Neil and Griff That Council: 1.    Invite operators of public car parks on private land to notify Council of their interest in hosting electric vehicle (EV) ultra-fast chargers (175kW+) and encourage those operators to submit an “EV charging site host expressions of interest” to NSW Office of Energy and Climate (OEC). 2.    As part of the EOI referred to in item 1 invite operators of public car parks on private land to notify Council of their interest in hosting other forms of electric vehicle (EV) charging stations to support future planning and inform grant submissions. 3.    Identify suitable locations for EV ultra-fast chargers in Council car parks and submit those locations to the OEC. 4.    Establish a competitive expression of interest (EOI) process to invite and review proposals from charge point operators to install public EV ultra-fast chargers in identified Council car parks. 5.    Review the expressions of interest and negotiate licence or lease agreement/s with selected charge point operators for the installation and operation of EV ultra-fast chargers. 6.    Develop a policy based on lessons learnt from the initial EOI process to manage industry requests to use public land for the purpose of EV charging infrastructure into the future. 7.    Repeat the EOI process in alignment with OEC funding rounds through to 2025. In favour:            Crs Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Fitzpatrick

10.2	Bega Valley Investment Prospectus 2023 and Advocacy Priorities
	Cr Fitzpatrick declared a pecuniary interest regarding Item 10.2 Bega Valley Investment Prospectus 2023 and Advocacy Priorities . Cr Fitzpatrick has been endorsed as a Liberal candidate. A signed declaration form was tabled by Cr Fitzpatrick, he will leave the chamber and not vote. Deputy Mayor Cr Seckold took over as Chair of the meeting. 02:29 pm      Cr Fitzpatrick left the meeting.
7/23	RESOLVED on the motion of Crs Nadin and O'Neil That Council: 1.    Resolve to endorse the Bega Valley Shire Council Investment Prospectus; Advocacy Brochure; and Investment and Policy Advocacy position papers attached to this report 2.    Write to all candidates for the Bega Electorate in the 2023 NSW State Election providing them a copy of the documents referred to above and inviting them to meet with Council representatives. 3.    Write to the leaders of the four major parties (Labour, Liberal, Nationals and Greens) providing them a copy of the documents attached to this report. 4.    Endorse the Deputy Mayor and Chief Executive Officer (CEO) as Council’s representatives at advocacy meetings with government officials and candidates ahead of the 2023 NSW State election. 5.    Receive, note and endorse the Country Mayors Association State Election Priorities - March 2023.  6.   Endorse the Mayor and CEO to undertake follow up advocacy with the elected local member and relevant appointed Ministers in line with the identified priorities in Council’s advocacy documents following the outcome of the 2023 NSW Election. In favour:             Crs Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Fitzpatrick

02:36 pm      Cr Fitzpatrick returned to the meeting.

Mayor Fitzpatrick resumed the Chair of the meeting.

10.3	Certificate of Investment December 2022
8/23	RESOLVED on the motion of Crs Nadin and Allen 1.    That Council receive and note the report on Council’s investment position at 31 December 2022. 2.    That Council notes the certification of the Responsible Accounting Officer. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against:                  Nil

11.        Councillor Reports

There were no Councillor reports.

12.        Rescission/Alteration Motions

There were no rescission/alteration motions.

13.        Notices of Motion

13.1

Cuttagee Bridge replacement

Cr Griff withdrew her motion 1.    That Council staff prepare a cost assessment to replace Cuttagee Bridge with a composite concrete and timber two-lane structure with timber superstructure to reflect the heritage origins of the bridge with the cost assessment to include whole of life cost estimates. This would incorporate a timber facade handrail and sacrificial timber running deck. 2.    That following the cost assessment referred to above a further report be provided to Council to consider the next steps relating to Cuttagee Bridge.

14.        Questions with Notice

14.1	Cr O'Neil - Council's contribution to Pambula sportsground project
	A response to Cr O’Neil’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 18 January 2023.

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 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 02:40 pm.

Confirmed Russell Fitzpatrick
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 18 January 2023.