Ordinary Meeting Minutes

Held on Wednesday 15 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 - Apology 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 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.

1.	Apologies
9/23	RESOLVED on the motion of Crs Nadin and Allen That the apology of Cr David Porter be noted. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

2.	Confirmation of Minutes
10/23	RESOLVED on the motion of Crs Seckold and Wright That the Minutes of the Ordinary Meeting held on 1 February 2023 as circulated, be taken as read and confirmed. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

3.          Declarations

Pecuniary Interest

There were no pecuniary interest declarations.

Non Pecuniary Interest

There were no non pecuniary interest declarations.

4.          Public Forum

There was no Public Forum.

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

8.1

Draft design guidelines for the General Aviation Precinct at Merimbula Airport

11/23

RESOLVED on the motion of Crs Nadin and Wright 1.    That the proposed amendment to the Bega Valley Development Control Plan 2013 (Attachment 1) be placed on public exhibition for a period of 28 days. 2.    That a further report be presented to Council following the public exhibition. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

8.2	Draft policy Trees and Vegetation in Urban Areas on Council Managed Public Land and associated draft procedure Nature Strip Planting Guideline
	A motion was moved by Crs Griff and O’Neil 1.    That Council resolve to publicly exhibit the draft policy Trees and vegetation in urban areas on Council managed public land (Attachment 1) and associated draft procedure Nature Strip Planting Guideline (Attachment 2) for a period of not less than 28 days in accordance with the provisions of Council’s Community Engagement Strategy. 2.    That a further report be presented to Council if there are any substantial changes to the draft policy or draft procedure arising from the public exhibition. 3.    That if no substantial changes arise from the public exhibition, the draft policy and draft procedure be considered adopted and published to Council’s website. 4.    That Council have a workshop regarding non road reserve planting in public places within the urban area including parking areas with a view to enhance shade and increase canopy. A motion was foreshadowed by Cr Fitzpatrick 1.    That Council resolve to publicly exhibit the draft policy Trees and vegetation in urban areas on Council managed public land (Attachment 1) and associated draft procedure Nature Strip Planting Guideline (Attachment 2) for a period of not less than 28 days in accordance with the provisions of Council’s Community Engagement Strategy. 2.    That a further report be presented to Council if there are any substantial changes to the draft policy or draft procedure arising from the public exhibition. 3.    That if no substantial changes arise from the public exhibition, the draft policy and draft procedure be considered adopted and published to Council’s website. The motion was put to the vote and it was CARRIED In favour:             Crs Nadin, Griff, Seckold, O'Neil, Robin and Wright Against:                  Crs Fitzpatrick and Allen Absent:                    Cr Porter
12/23	RESOLVED on the motion of Crs Griff and O'Neil 1.    That Council resolve to publicly exhibit the draft policy Trees and vegetation in urban areas on Council managed public land (Attachment 1) and associated draft procedure Nature Strip Planting Guideline (Attachment 2) for a period of not less than 28 days in accordance with the provisions of Council’s Community Engagement Strategy. 2.    That a further report be presented to Council if there are any substantial changes to the draft policy or draft procedure arising from the public exhibition. 3.    That if no substantial changes arise from the public exhibition, the draft policy and draft procedure be considered adopted and published to Council’s website. 4.    That Council have a workshop regarding non road reserving planting in public places within the urban area including parking areas with a view to enhance shade and increase canopy. In favour:             Crs Nadin, Griff, Seckold, O'Neil, Robin and Wright Against:                  Crs Fitzpatrick and Allen Absent:                    Cr Porter

8.3

Draft Policy Council related Development Application Conflict of Interest

13/23

RESOLVED on the motion of Crs Nadin and O'Neil 1.    That Council endorse the draft policy ‘Council-related Development Application Conflict of Interest’ 2.    That Council exhibit the draft policy for a minimum of 28 days in accordance with the provisions of Council’s Community Engagement Strategy 3.    That a further report be presented to Council if there are any substantial changes to the draft policy arising from the public exhibition. 4.    That if no substantial changes arise from the public exhibition, the draft policy be considered adopted and published to Council’s website. 5.    That Council amend the Community Participation Plan section in Council’s Community Engagement Strategy to reflect the exhibition period for Council-related development applications, being 28 days. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

8.4

Affordable Housing Strategy implementation progress report

14/23

RESOLVED on the motion of Crs O'Neil and Seckold 1.    That Council note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy 2.    That Council endorse an update to strategy 5b to include ‘underutilised’ publicly owned land rather than just ‘vacant’ publicly owned land In favour:           Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

8.5	Reporting of minutes for committees with delegated authority and advisory committees
15/23	RESOLVED on the motion of Crs Seckold and Allen That Council note the report and the Montreal Goldfields Committee, General Community Hall Committee and Cemetery Advisory Committee August meeting minutes which are appended to the report. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

8.6

Bega Valley Shire Council and Land and Housing Corporation Collaboration Agreement

16/23

RESOLVED on the motion of Crs Fitzpatrick and Wright 1.    That Council endorse the Collaboration Agreement in the confidential attachment and         delegate authority to the Chief Executive Officer to sign the agreement on behalf of Bega         Valley Shire Council.  2.    That council investigate with Land and Housing Corporation what aspects of the collaboration agreement may be able to be made public. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

8.7

Final report on the Recovery Support Service

17/23

RESOLVED on the motion of Crs Seckold and Wright 1.    That Council notes the work of the Bega Valley Recovery Support Service in supporting residents through their recovery journey 2.    That Council acknowledges that despite the closure of the Bega Valley Recovery Support Service, the recovery journey is ongoing for many residents and communities In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

9.          Staff Reports – Assets and Operations

9.1

Tathra wharf and headland final precinct plan

18/23

RESOLVED on the motion of Crs Nadin and Seckold 1.    That Council note the consultation feedback in the Listening Report (Attachment 1). 2.    That Council adopt the Tathra Wharf and Headland Precinct Plan (Attachment 2). 3.    That Council adopt the Option 1 of the Walkway between Upper and Lower Tathra Options Study (Attachment 3) as the preferred option noting this project is not feasible to construct, operate and maintain within Council’s current financial capacity. 4.    That the plans be used to apply for grants for components that do not require significant ongoing expenditure In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

9.2	Request For Tender (RFT) 2223-006 Merimbula Airport Operations
19/23	RESOLVED on the motion of Crs Wright and Nadin 1.    That Council accept the recommendation as outlined in the confidential attachment. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter
20/23	RESOLVED on the motion of Crs Wright and Nadin 2.    That Council accept the tender from Merimbula Airport Operations Pty Ltd in relation to contract for the services described in Tender RFT 2223-006 Merimbula Airport Operations, in the amount of $473,675.80 (including GST) per year subject to annual CPI adjustments for a period of 5 years with options to extend for a further 5 years (1+1+1+1+1). 3.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to this contract. 4.    That all tenderers be advised of Council’s decision. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

9.3	Request For Tender (RFT) 2223-041 South Bega Sewerage
21/23	RESOLVED on the motion of Crs Wright and Seckold 1.    That Council accept the recommendation in the attached confidential memo In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter
22/23	RESOLVED on the motion of Crs Wright and Seckold 2.    That Council accepts the tender from Blacka’s Pipeline and Excavations Pty Ltd in relation to the contract for the works described in tender RFT 2223-041, separable portion A and B in the amount of $304,550.00 (including GST), subject to variations, provisional sums and prime cost items. 3.    That authority be delegated to the Chief Executive Officer to execute all necessary documentation. 4.    That all tenderers be advised of Council’s decision. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

9.4	Request For Tender (RFT) 2223-047 Delivery of Arthur Kaine Drive Pavement Construction
23/23	RESOLVED on the motion of Crs Nadin and Allen 1.    That Council accepts the recommendations outlined in the confidential attachment In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter
24/23	RESOLVED on the motion of Crs Nadin and Allen 2.    That Council decline to accept any tenders under Clause 178 if the Local Government (General) Regulation 2005 and enter negotiations with the preferred tenderer, with a view to entering a contract should the allocated budget be met, subject to variations and provisional sums 3.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to tender RFT 2223-047 4.    That all tenderers be advised of Council’s decision In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

9.5	Tender award for Environmental Impact Statements for the Central Waste Facility
25/23	RESOLVED on the motion of Crs O'Neil and Seckold 1.    That Council accepts the recommendation as outlined in the confidential attachment. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter
26/23	RESOLVED on the motion of Crs O'Neil and Seckold 2.    That Council accepts the tender from Talis Consultants in relation to contract for the services described in Tender RFT 2223-033 CWF Environmental Impact Statements, in the amount of  $449,009.00 (including GST). 3.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to this contract. 4.    That all tenderers be advised of Council’s decision. In favour:            Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

9.6	Reporting of minutes for October 2022 Central Waste Facility Consultative Committee meeting
27/23	RESOLVED on the motion of Crs Wright and Nadin That Council note the report and the CWF Consultative Committee meeting minutes which are appended to the report. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

9.7	Reporting of minutes- sportsground advisory committee meetings 30 May and 22 August 2022
28/23	RESOLVED on the motion of Crs Nadin and Allen That Council receive and note the report and the Section 355 General Sportsground meeting minutes which are attached. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

9.8	Options for Waste Roadside Collection Expansion Project and Cobargo Transfer Station
	A motion was moved by Crs Allen and Nadin 1.    Cease the further rollout of bin banks under the Rural Roadside Collection Expansion project. 2.    Undertake a community meeting in Cobargo to explain plans to trial a semi-autonomous         waste deposit system for municipal household waste (including co-mingled recycling) at the         Cobargo waste transfer station site and what the benefits of this solution would be to the         community. 3.    Provide a further report to Council following the community meeting referred to in item 2. 4.    Note plans to use Cobargo as a trial site prior to considering further rollout at other sites         across the Shire. A motion was foreshadowed by Cr Griff 1.    Cease the rollout of bin banks under the Rural Roadside Collection Expansion project. 2.    Undertake detailed design and construction to trial semi-autonomous waste deposit system for municipal household waste (including co-mingled recycling) at the Cobargo waste transfer station site for up to 2 years to inform options for the consolidation of Council’s waste sites. The motion was put to the vote and it was CARRIED In favour:             Crs Fitzpatrick, Nadin, Seckold, Allen, Robin and Wright Against:                  Crs Griff and O'Neil Absent:                    Cr Porter
29/23	RESOLVED on the motion of Crs Allen and Nadin 1.    Cease the further rollout of bin banks under the Rural Roadside Collection Expansion project. 2.    Undertake a community meeting in Cobargo to explain plans to trial a semi-autonomous         waste deposit system for municipal household waste (including co-mingled recycling) at the         Cobargo waste transfer station site and what the benefits of this solution would be to the         community. 3.    Provide a further report to Council following the community meeting referred to in item 2. 4.    Note plans to use Cobargo as a trial site prior to considering further rollout at other sites         across the Shire. In favour:             Crs Fitzpatrick, Nadin, Seckold, Allen, Robin and Wright Against:                  Crs Griff and O'Neil Absent:                    Cr Porter

9.9	BVSC Funding Contributions - Pambula Sports Building and Merimbula Foreshore and Boardwalk
	A Point of Order was called by Cr Allen against Cr O’Neil. Cr O’Neil retracted her statement in response to the point of order.
30/23	RESOLVED on the motion of Crs Allen and Nadin 1.    That the information in the report be received and noted. 2.    That $1,653,000 be allocated to the Pambula Sports Building project from the developer contributions fund. 3.    That Council continues to investigate and advocate for other external funding sources to meet the estimated construction costs of the Merimbula Foreshore and Boardwalk Project. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

10.        Staff Reports – Business and Governance

10.1

Road closure - Calle Calle Street, Eden

31/23

RESOLVED on the motion of Crs Fitzpatrick and Robin 1.    That Council considers the submission received regarding the proposal to close the Council public road reserve adjoining Lots 4 and 5 DP 740471 at 100 Calle Calle Street, Eden. 2.    That Council approves to proceed with the road closure proposal in accordance with Section 38D of the Roads Act 1993 (NSW). 3.    That a further report be provided to council on options for dealing with the land referred to         in this report once the road closure has progressed. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

10.2

Actions from resolutions of Council - Progress Report

32/23

RESOLVED on the motion of Crs Nadin and Wright 1.    That Council be provided quarterly update reports to monitor progress on implementation of Council resolutions 2.    Council notes the progress update on implementation of Council resolutions contained within this report In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

10.3

Options for conducting the 2024 Local Government Election

33/23

RESOLVED on the motion of Crs Nadin and O'Neil 1.    The New South Wales Electoral Commission be engaged to administer Council’s 2024 Local Government Election for Bega Valley Shire Council. 2.    Pursuant to section 296 (2) and (3) of the Local Government Act 1993 (the Act) an election arrangement be entered into by contract for the NSW Electoral Commission to administer all elections of the Council. 3.    Pursuant to section 296 (2) and (3) of the Act, as applied and modified by section 18, that if required a poll arrangement be entered into by contract for the Electoral Commissioner to administer all polls of the Council. 4.    Pursuant to section 296 (2) and (3) of the Act, as applied and modified by section 18, that if required a constitutional referendum arrangement by entered into by contract for the Commissioner to administer all constitutional referenda of the Council. 5.    Authority be granted to the Chief Executive Officer (CEO) to conduct negotiations with the         NSW Electoral Commission as to the terms of the engagement and to enter into a contract         with the Commissioner on behalf of the Council.   6.   That council advocate to the NSW government for changes to the current election process         targeted at reducing election costs to ratepayers In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

10.4

Refer Financial Statements for Audit

34/23

RESOLVED on the motion of Crs Fitzpatrick and Nadin Council resolve: 1.    That Council’s General Purpose Financial Report is prepared in accordance with: a)    The Local Government Act 1993 (as amended) and the Regulations made thereunder; and b)   The Australian Accounting Standards and professional pronouncements; and c)    The Local Government Code of Accounting Practice and Financial Reporting; and d)   Presenting fairly the Council’s operating result and financial position for the year; and e)   Council’s accounting and other records. 2.    That Council’s Special Purpose Financial Reports are prepared in accordance with: a)    NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and b)   Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and c)    The Local Government Code of Accounting Practice and Financial Reporting; and d)   The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines. e)   Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and f)    Council’s accounting and other records. 3.    That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way and include such information in the statement. 4.    That Council authorises the Mayor, Deputy Mayor, Chief Executive Officer and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993. 5.    That Council endorses the referral of General Purpose Financial Report and Special    Purpose Financial Reports to Council’s Auditor for audit. 6.    Council publicly express its dissatisfaction with the quality of service it has received this year         from the NSW Audit Office and in particular its sub-contractor who has now been replaced         which have led to the delays in finalising audit. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

10.5

Quarterly Budget Review Statement (QBRS) December 2022 - Q2

35/23

RESOLVED on the motion of Crs O'Neil and Nadin 1.    That Council receive and note the December 2022 Quarterly Budget Review Statement. 2.    That the budget recommendations detailed in the attachment to this report be adopted. 3.    That Council receive reports on operating and capital results separately by directorate in the         next two QBRS reports. These reports would replace current 2.2, 2.3, 2.4 reports which         include capital grants In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

10.6	Certificate of Investment January 2023
36/23	RESOLVED on the motion of Crs Allen and Robin 1.    That Council receive and note the report on Council’s investment position at 31 January 2023. 2.    That Council notes the certification of the Responsible Accounting Officer. In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against:                  Nil Absent:                    Cr Porter

11.        Councillor Reports

There were no Councillor reports.

12.        Rescission/Alteration Motions

There were no rescission/alteration motions.

13.        Notices of Motion

13.1

Children’s Services, National Disability Insurance Scheme (NDIS) and Aged Care Services review

37/23

RESOLVED on the motion of Crs Nadin and Allen That staff prepare a report on the consequences and steps involved should Council withdraw from providing children’s services, National Disability Insurance Scheme (NDIS) and Aged Care Services. In favour:             Crs Fitzpatrick, Nadin, Allen, O'Neil, Robin and Wright Against:                  Crs Griff and Seckold Absent:                    Cr Porter

13.2

Review of Policy 6.06 Financial Management

Cr Porter’s motion was withdrawn due to being absent 1.    That Council modify section 1.4.4.1 of the Policy 6.06 Financial Management to say “ensure         as far as possible the financial sustainability of the council” to be consistent with the Local         Government Act sect 223. 2.    That Council place the document on public exhibition for the prescribed period for any public         comments prior coming back to council for adoption.

14.        Questions with Notice

There were no questions with notice.

15.        Questions without Notice

15.1	Cr Nadin - Acquittal report from the Wanderer festival
	A response to Cr Nadin’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 15 February 2023.

15.2	Cr Nadin - Does Council have the ability to restrict bike riders from using certain roads in the Bega Valley Shire?
	A response to Cr Nadin’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 15 February 2023.

15.3	Cr Porter - How does Council deal with contract extensions?
	A response to Cr Porter’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 15 February 2023.

15.4

Cr Griff - What is the timeline and resources for staff to do an investigation into Children’s Services, National Disability Insurance Scheme (NDIS) and Aged Care Services review?

Cr Griff asked what is the timeline and resources for staff to do an investigation into Children’s Services, National Disability Insurance Scheme (NDIS) and Aged Care Services review? Chief Executive Officer, Anthony McMahon advised he can’t answer this question at the moment due to Council having an advanced Children’s Services review that isn’t finalised yet and to achieve the intent of Cr Nadin’s motion there is still more work to do as the scope the consultants were asked to do in the first place doesn’t cover everything we need to do to achieve the intent of the motion. The NDIS, we have got resources assigned to get external support, however trying to find a consultant to work with us has been challenging, until we understand the availability of a consultant I can’t answer this, we will also need to reconsider the scope. Aged Care Services, I need to speak with the Director to see what our approach might be. We may potentially come back to Council on this to say we think you need to look at the budget as its outside the scope we have budget for. We may consider bringing the reviews back separately, my recommendation would be don’t look at these as a bundle of services, look at them separately as the consequences are very different. What we will continue to do is you will see the periodic updates come through and how we are progressing with issues, any significant reasons why we wouldn’t be able to deliver this in a reasonable timeframe I will report back to Council.

15.5

Cr Griff - Could we find out which Council's operate an Affordable Housing contribution, particularly Shoalhaven Council?

Cr Griff asked could we find out which Council's operate an Affordable Housing contribution, particularly Shoalhaven Council? Director Community, Environment and Planning, Emily Harrison advised that was part of the consultants brief when they are looking at an Affordable Housing contribution scheme they would be looking at who else operates them. From a staff perspective I don’t think it would be difficult to confirm if Shoalhaven has one or not but doing a broader piece of work to look at other Council’s would require investment time and resources. Chief Executive Officer, Anthony McMahon advised we can do some investigation to see if we can find examples of other Council’s that are doing this and where it’s up to. One of the responses the consultants did give us was they are not aware of Regional areas that have progressed with it even in Metropolitan areas where it is being looked at. The assessment has been that the regulatory framework around trying to implement that has been too restrictive and not achieving outcomes. We will see what we can find out in NSW through a number of channels being the consultant, our networks we have and I will commit to ask questions broader network across the country with CEO’s to see if there are any examples of models in other states around this. It may be the model that our state has developed may not be the best model to facilitate the outcomes we are after.

15.6

Cr Nadin -  Announcement by Paul Toole, roads and rail funding. What contact has council had? Does BVSC have any commitments?

Cr Nadin asked about the announcement by Deputy Premier Paul Toole that the government if re-elected would increase roads and rail funding in Region al NSW, $400M injection into fixing local roads program, $300M each for new fast tracking freight and build back better programs. What contact has Council had? Does BVSC have any commitments? Chief Executive Officer, Anthony McMahon advised he became aware of that in the last 24 hours through the Local Government NSW newsletter, we haven’t had any detail at this stage. These would be described as election commitments so we wouldn’t have any detail until after the election. Two out of the three programs are relevant to our area being continuations of what have been highly successful programs we’ve previously received funding through. Council and Canberra Region Joint Organisation have been advocating for this to not let this funding disappear.

15.7

Cr Nadin - Has the Storey Avenue, Eden kerb and guttering project been resolved and at what price point? Where is Palastine Road erosion and retaining wall up to?

Cr Nadin asked about two roads projects - Has the Storey Avenue, Eden kerb and guttering project been resolved and at what price point? Where is Palastine Road, Eden erosion and retaining wall up to? Chief Executive Officer, Anthony McMahon took the Palastine Road, Eden question on notice then gave a general explanation advising there are a couple of private landowners as well as Council and it’s a road that has a property to the rear and another property that has been impacted in some way. I will take on notice exactly where the rectification required is up to. Storey Avenue - Council did allocate budget to address the road improvements required. We haven’t not yet gone to market. The scope of works is clear, we are not sure what the financial costs to deliver will be until we go to tender.

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 5:29 pm.

Confirmed Russell Fitzpatrick
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 15 February 2023.