Ordinary Meeting Minutes

Held on Wednesday 23 August 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 - Apology

Cr Karen Wright - Apology

 

 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 Gemma Stewart

Manager Communications and Engagement, 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 apologies of Cr Joy Robin, Cr Karen Wright and Director, Business and Governance, Mrs Iliada Bolton be noted.

 

 

2.

Confirmation of Minutes

114/23

RESOLVED on the motion of Crs O'Neil and Nadin

That the Minutes of the Ordinary Meeting held on 26 July 2023 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

3.          Declarations

There were no declarations of interest.

 

4.          Public Forum

The following deputations were heard:

Item 8.1  - DA 2022.364 ‘Market Hall’ mixed use development (retail premises, food and drink premises and shop top housing) Lot 1 DP 306281, 59 Princes Highway, Cobargo

·         Mr John Walters on behalf of Cobargo Community Development Corporation - FOR

Item 8.2 - DA 2022.365 New post office building and shop top housing Lot 80 DP 860010 57A Princes Highway, Cobargo

·         Mr John Walters on behalf of Cobargo Community Development Corporation – FOR

Item 8.3 - Proposed composting dairy barn (intensive livestock agriculture) - 1339 Pearces Road, Angledale

·         Ms Janine Price – FOR

Item 10.4 - Bermagui VIC licence agreement renewal

·         Ms Jeanette Nielson on behalf of Bermagui area chamber of commerce & Tourism Inc - AGAINST

5.                 Petitions

There were no petitions.

6.          Mayoral Minutes

 

6.1

HMAS Supply - Freedom of Entry - Eden

115/23

RESOLVED on the motion of Cr Fitzpatrick

As Mayor of Bega Valley Shire, I move that Council adopts HMAS Supply and the bestowment of Ceremonial Freedom of Entry (FOE) with the town of Eden and note that the name ‘HMAS Supply’ may not be used for financial gain in any enterprise associated with the adoption.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

7.          Urgent Business

There was no urgent business.

8.          Staff Reports – Community, Environment and Planning

 

8.1

"Market Hall" Mixed Use Development (Retail Premises, Food and Drink Premises and Shop Top Housing) Lot 1 DP 306281, 59 Princes Highway, Cobargo

116/23

RESOLVED on the motion of Crs O'Neil and Nadin

That Council:

1.    Assumes the concurrence of the Secretary of the Department of Planning and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notifies the department accordingly.

2.    Approves the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013.

3.    Approves Development Application 2022.364 for a Mixed-use Development “Market Hall” (Retail Premises, Food and Drink Premises and Shop Top Housing) subject to the conditions of consent provided in Attachment 1 – Draft Conditions of Consent.

4.    Notify those who made a submission of Council’s decision.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

8.2

New Post Office Building and Shop Top Housing Lot 80 DP 860010 57A Princes Highway Cobargo

117/23

RESOLVED on the motion of Crs Seckold and O'Neil

That Council:

1.    Approves Development Application 2022.364 for a Mixed-Use Development (Post Office) and         Shop top Housing, subject to the conditions of consent provided in Attachment 1 – Draft         Conditions of Consent.

2.    Notify those who made a submission of Council’s decision.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

8.3

Proposed Composting Dairy Barn (Intensive Livestock Agriculture) - 139 Pearces Road, Greendale

118/23

RESOLVED on the motion of Crs Nadin and O'Neil

That Council:

1.    Assume the concurrence of the Secretary of the Department of Planning and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notify the Department accordingly.

2.    Approve the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013.

3.    Approve Development Application 2021.1225 subject to the conditions of consent provided in Attachment 1.

4.    Notify those who made a submission of Council’s decision.

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

Against:                  Cr Griff

Absent:                    Crs Robin and Wright

 

 

8.4

Advocacy for legislative change to support affordable housing development in the Bega Valley Shire

119/23

RESOLVED on the motion of Crs O'Neil and Griff

That Council note the advocacy undertaken to date in relation to legislative change, definitions and support needed to deliver affordable housing in the Bega Valley Shire.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

8.5

Affordable Housing Strategy implementation progress report

120/23

RESOLVED on the motion of Crs Griff and O'Neil

1.    That Council note the progress made in implementing the Bega Valley Shire Affordable         Housing Strategy in the period 1 January 2023 to 30 June 2023.

2.    That Council note the key performance indicators (KPIs) in the strategy will need to be         updated to reflect available data. Staff will report back to Council with new KPIs for adoption         at a later date.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

8.6

Grave Excavation, Maintenance and Related Services Request for tender (RFT) 2223-088

121/23

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council accepts the recommendations outlined in this memo.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

122/23

RESOLVED on the motion of Crs Allen and Nadin

2.    That Council accepts the Schedule of Rates Tender submitted by Robert Jennings Excavations Pty Ltd pertaining to the works outlined in tender RFT 2223-088 Grave Excavation, Maintenance, and Related Services. This approval is for a schedule of rates contract with an estimated annual ceiling value of $441,253.00 (inclusive of GST). The costs associated with this contract will be subject to annual CPI adjustments over the life of the contract.

3.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2223-088.

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

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

9.          Staff Reports – Assets and Operations

 

9.1

Bega Valley Local Traffic Committee 1 August 2023

123/23

RESOLVED on the motion of Crs Porter and O'Neil

That Council adopt the recommendations of the Bega Valley LTC meeting held on 1 August 2023 as outlined below.

New Year’s Eve Market – Sunday 31 December 2023

1.    That the proposed arrangements involving public footpaths and parking spaces contained in road reserves in Ocean Drive, Merimbula for the New Year’s Eve Market on Sunday, 31 December 2023 be deemed a Class 3 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

2.    That, if required, persons involved in the preparation and implementation of the TGS must hold the appropriate SafeWork NSW accreditation.

3.    That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and TfNSW by name for the event.

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

5.    That the event achieves all conditions of BVSC issued Approval for Use of Public Land.

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

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

9.2

Request for Tender (RFT) 2223-091 Comprehensive Safety Review - 3 Dams

124/23

RESOLVED on the motion of Crs Allen and Nadin

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, Nadin, Griff, Seckold, Allen, Porter and O'Neil

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.        Staff Reports – Business and Governance

 

10.1

Actions from resolutions of Council - Progress Report

125/23

RESOLVED on the motion of Crs O'Neil and Nadin

That Council:

1.    Be provided quarterly update reports to monitor progress on implementation of Council resolutions

2.    Notes the progress update on implementation of Council resolutions contained within this report

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.2

Report on Implementation of Council's Operational Plan

126/23

RESOLVED on the motion of Crs O'Neil and Griff

That Council receive and note the 2022-23 Operational Plan progress report for the period 1 January 2023 to 30 June 2023.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.3

Youth Space building in Bega

127/23

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council receive and note the report.

2.    That Council maintains vacant possession of the Youth Space building at 91 Gipps Street, Bega, formalising any short-term use of the building to community groups under a hire agreement until budgeted capital improvements to the building are complete.

3.    That Council progresses building alterations and improvement identified in the report dated 23 August 2023 to enable future use of the building as office accommodation for Council purposes.

4.    Following completion of building alterations and improvement, if the building is identified as surplus to Council needs for office accommodation a public Expression of Interest process to be conducted by Council officers and the results presented back to Council for consideration.

5.    That Council make an application to the 2023-24 Crown Reserves Improvement Fund Program for any funding short fall to allow building alterations and improvement to be completed.

6.    That Council authorise the Chief Executive Officer to execute the necessary documentation to formalise the above course of action.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.4

Bermagui VIC licence agreement renewal

128/23

RESOLVED on the motion of Crs O'Neil and Griff

1.    That Council approve a further three (3) year licence to Bermagui Area Chamber of Commerce and Tourism for their continued occupation of space within Bermagui Community Centre for a commencing rental of $1000 plus GST for 23-24 to be adjusted for 2024-25  and the following year by CPI. 

2.    Council notes  there is no formal agreement with the Shire’s Visitor Information Centres (VICs)  and that a review of VICs funding allocations will be considered in the context of the Council's Economic Development Roadmap available on Councils website at https://begavalley.nsw.gov.au/business/economic-development-strategies. Council also notes that an Expression of Interest for all space at the Bermagui Community Centre is planned for 2026.

3.    That Bermagui Area Chamber of Commerce and Tourism be responsible for the payment of all costs associated with the extension of tenure.

4.    That Council revoke point 7 of resolution 21/21 from the Ordinary Meeting of 17 February 2021 to make an application to NSW Department of Industry – Lands and Water for an investigation to be undertaken to create a reserve over Lot 2 DP 1102635 and for Council to be appointed as the Crown Land Manager of the reserve to eliminate the annual land lease fee.

5.    That Council continue to pursue Crown Lands regarding a rental waiver on the annual Crown Land Lease 379337 fee on the basis that Crown Land Manager status cannot be progressed without a Native Title certificate and Crown Lands are not issuing Native Title certificates.

6.    That Council authorises the Chief Executive Officer to execute all necessary documentation to provide the extension of tenure and applications to Crown Lands as required.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.5

Local Government NSW (LGNSW) Annual Conference 2023 - Motions

129/23

RESOLVED on the motion of Crs Griff and Nadin

1.    That council commit to submitting motions to the 2023 LGNSW conference.

2.    That Councillors notify staff of their top 5 priority motion topics.

3.    That staff workshop with Councillors motion topics.

4.    That staff provide a report with draft motions for final endorsement at the 20 September         Council meeting.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.6

Procurement of an electronic timesheet solution

130/23

RESOLVED on the motion of Crs O'Neil and Seckold

1.    Council note the options, including their risks and benefits, presented in the following         report.

2.    Council endorse the adoption of Option 3, to directly appoint FieldForce4 as         implementation partner and provider of electronic timesheets, rostering and workforce         management solutions.

3.    Council note the proposed solution enables the delivery of CSP (civic leadership and economy), Delivery Program (E3.1, E4.1, E5.1, E5.3) and Operational Plan Actions (E3.1.2, E4.1.1). This solution also meets Council obligations under the Local Government Act (s55 and s223)

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.7

Road Closure - National Circularity Centre

131/23

RESOLVED on the motion of Crs Porter and Nadin

1.    That Council approves, in principle, the closure of the two sections of Council road reserve that adjoin Lot 1 DP 1264640 at Lagoon Street, North Bega.

2.    That Council commences assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days.

3.    That if any objections are received, a further report be prepared for Council’s consideration.

4.    That if no objections are received, Council, by notice published in the Government Gazette, formally close the sections of public road reserve concerned.

5.    That Council progresses a road transfer application for the section of Lagoon Street, Bega shown in the report dated 23 August 2023 as Crown road to enable the road closure application to progress in its entirety if evidence cannot be found deeming it to be Council public road reserve.

6.    That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the road closure.

7.    That all costs associated with the road closure process be borne by the applicant.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.8

Carry Forwards and Revotes at End of Financial Year 2023

132/23

RESOLVED on the motion of Crs Nadin and Seckold

That Council:

1.    Receive and note the Financial Year 2023 carry forward projects and;

2.    Resolve to revote the budget allocation detailed in this report for projects not commenced. The allocation is to be moved from FY2023 budget and applied to the corresponding budget in FY2024.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.9

Certificate of Investment July 2023

133/23

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council receive and note the report on Council’s investment position at 31 July 2023.

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

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.10

Reporting of minutes for committees with delegated authority and advisory committees

134/23

RESOLVED on the motion of Crs O'Neil and Seckold

That Council receive and note the Grants Committee minutes of meeting held 8 June 2023 attached to this report.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.11

Additional Council meeting 13 September 2023

135/23

RESOLVED on the motion of Crs Griff and Allen

That Council include an Ordinary Council meeting on Wednesday 13 September 2023 to hold the Mayoral and Deputy Mayoral elections.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.12

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

136/23

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That Council receive and note the update to section 1.4.2.1 of Policy 6.23 Payment of Expenses and Provision of Facilities for Councillors and the policy be exhibited for a period of at least 28 days and that submissions be received for 42 days noting that prior to the policy being exhibited it will be updated to reduce the consultancy expenses allocation by $20,000.

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

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.13

Audit, Risk and Improvement Committee - Membership

137/23

RESOLVED on the motion of Crs Allen and O'Neil

That Council endorse the appointment of one (1) new independent external member to the Audit, Risk and Improvement Committee.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

 

10.14

Tathra Beach Kiosk tenure

138/23

RESOLVED on the motion of Crs Griff and Porter

1.    That Council, as Crown Land Manager of the Tathra Beach Reserve (R79310), approve a 3-year lease with 2 options for a further 3-years to Darryl Frost and Heather McLeod for occupation of Tathra Beach Kiosk building for an annual rental of $45,000 plus GST per annum increased annually by CPI with a rent review after the first 3-year term.

2.    That authority be delegated to the Chief Executive Officer and Mayor to execute the necessary lease documentation to formalise the tenure arrangement.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

11.        Councillor Reports

 

11.1

4 August 2023 Country Mayors Association Communique

 

It is recommended that Council note the 4 August 2023 Country Mayors Association Communique.

 

12.        Rescission/Alteration Motions

There were no rescission/alteration motions.

13.        Notices of Motion

 

13.1

Review of “Lands Under Council Jurisdiction Policy 4.10 - Procedure 4.10.6 Road Naming”

139/23

RESOLVED on the motion of Crs Porter and Nadin

That Council review “Lands Under Council Jurisdiction Policy 4.10 - Procedure 4.10.6 Road Naming” to ensure balanced and appropriate naming of roads in the interest of the Community and to ensure Councillors are consulted in the process prior to expenses being incurred on a specific name.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

14.        Questions with Notice

There were no questions with notice.

15.        Questions without Notice

 

15.1

Cr O'Neil - At the next Council meeting could staff update Councillors on discussions with Ministers and Officials on the $15 million commitment on Cuttagee Bridge?

 

A response to Cr O’Neil’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 23 August 2023 with the response as follows:

As you are aware this election promise was made by Dr Holland back in early March 2023 during the last state election. Labor promises $15m to restore historic Cuttagee Bridge if it wins state election - ABC News.  It wasn’t consulted with council staff at any point prior to the announcement however Local Member for Bega Dr Holland has subsequently indicated in various media and meetings that TfNSW will be liaising with Council over these works. 

Since the election the only contact from TfNSW has been the text message below from a manager of TfNSW on 10th May:

We have been asked to provide status update and potential forecast for delivery of election committed funding should the new government formalise this funding. Cuttagee is complicated with many considerations, but if you were given $15m to 'restore' the bridge, what would be the delivery timeframe (eg. design/investigate in FY23/24, procure, deliver in FY 24/25/26 with rough forecast of this $15M).

 

Staff responded immediately via telephone to this text asking several questions regarding the criteria surrounding the allocation of any funding, noting that the currently resolved position of Council is to demolish and replace the current structure with a 2-lane concrete bridge and not restore the deteriorated and load limited single lane timber bridge currently in place. Staff also pointed out that no work had been conducted into the methodology or costs involved to fully restore the timber structure and this would require a funding source and long lead time to establish, if indeed this was to be undertaken.

While no answers have been received, staff did take a call from a senior manager at TfNSW asking how much funding would be required to model any restoration works as they were preparing a briefing for the responsible minister who was looking at all project funding within their portfolio.

On 17 June 2023 the CEO wrote to Dr Hollands office following up on an opportunity to meet with the Minister. On 27 June 2023 a response was received advising a meeting had been scheduled with the Minister the following day (28 June 2023) which was a Council meeting day and meant that Council could not attend. Council requested a new time to meet which has subsequently not occurred due to the minister being on leave.

Staff have heard nothing since that point from the Government (including TfNSW) and have tried to get written updates through the normal official channels and via conversations at other meetings and briefings.  We understand that the responsible minister has been absent on leave for some time and is expected to return sometime in September. Indications have been that we will hear nothing further until after the state budget has been announced.

Councillors met with Dr Holland at a ‘Roundtable’ on 9 August where he reiterated that TfNSW were looking after this and liaising with us and he couldn’t expand on what the election promise may or may not contain. He also suggested that he was waiting to hear from Minister Aitcheson when she returns from leave and when the budgets are released.

Council has made the Government aware that the longer a decision on the project takes the greater likely cost escalations.

 

Chief Executive Officer, Anthony McMahon provided a further update at the meeting that a meeting invite had been received from the Regional Roads Minster for 4 September 2023 to discuss Cuttagee Bridge

 

 

 

15.2

Cr Fitzpatrick - Change of Scope to Works at Barclay Street, Eden

 

Cr Fitzpatrick asked about a Change of Scope to Works at Barclay Street, Eden.

New works at Barclay Street Eden were to include a half court Basketball Court and Council has reduced scope to meet budget costs.

This has greatly upset the Eden Community who were looking forward to having at least a half court facility for Kid’s to “Shoot Hoops.”

Could council staff advise of:

·         What is planned for the upgrade of the nearby Netball Courts and if and when the community could expect some sort of facility as originally proposed?

·         The costs of savings of removing the half court from the project and if this cost can be met from other sources.

Director Assets and Operations, Ian Macfarlane advised:

Staff are currently developing a project to update the court surface and install basketball/netball hoops at x2 of the existing netball courts, as per the endorsed site masterplan. The intended outcome to be similar to what has recently been completed in Bermagui.

Posts - Council would be able to progress with installation of new basketball / netball posts relatively quickly (3months) at estimate $7000 per post. (x4 posts = $28k for two courts. Or could do 1 for a ½ court)  This relatively straight forward, works can (needs) to be done before treatment of the court surface.

Court surface - The current court surface is due for upgrade but is suitable for informal / ‘shoot’n hoops’ / social ½ court play. 

Staff are looking at best options / treatment for the court surface (e.g. re-seal asphalt, or ‘asphalt colored surface coat’ or appropriate epoxy court surface ‘rebound ace’ type paint product; similar to Ford park courts).

The existing netball courts are 100m from the location of the ½ court.

Costs related to providing the ½ court are $106,000. It is not good value for provision or use. A new full sized court in on level site would cost a similar amount.

The cost of the ½ court could prioritised to be met from other sources (internal or external) to be directed by Council, but that would be at the expense / deferral of other works.  (E.g. revamp of existing netball courts, seed fund for ongoing floodlighting upgrade program, Ford Oval pavilion design (650+ active members).

The main cost issue is the amount of earthworks and fill needed to create the level surface for the ½ court along with the accessible pathway linkages within the area.

Removing the ½ court enables working more with existing site grades to achieve the compliant accessible pathways, which are a core part of the project/s and funding deeds.

In short much of the earthworks and fill is directed by providing the ½ court, which is not a fundamental deliverable of the grant funded projects.

Noting the location of the existing netball courts and the cost of the new ½ court it is be staff recommendation that the existing netball courts be upgraded and utilised as provision for netball/basketball court.

It is a better value outcome in terms of both multiple users and cost.

 

15.3

Cr Griff - Is the kelp farming still going ahead or has it been withdrawn?

 

Cr Griff asked is the kelp farming still going ahead or has it been withdrawn?

Chief Executive Officer, Anthony McMahon clarified it is the proposed Eden kelp farm Cr Griff was referring to and advised the proponent is doing some research on feasibility.

Mr McMahon advised that trials were being undertaken within twofold bay, however the proponent was seeking approvals to do trials at a location closer to where the kelp farm is proposed further south along the coast line from Eden.

Council had a meeting scheduled with the NSW Minister for Regional NSW which was also to be attended by the Federal Minster for Regional Development to brief them on the proposal and the barriers the proponent was seeking support in overcoming to allow further trials to occur to gather the data they are seeking. Unfortunately the meeting had to be cancelled due the NSW Minister having an urgent commitment to attend to and a follow up meeting is trying to be arranged.

A community meeting on the proposal has been organised at the Eden RSL hall on 14 September 2023 at 4:00pm-7:00pm

Mr McMahon indicated that the Bega Valley Circularity Cooperative was also facilitating a project on exploring further opportunities in aquaculture and fisheries in the region which the kelp farm proposal aligned with.

 

16.        Confidential Business  

 

 

Adjournment Into Closed Session

140/23

RESOLVED on the motion of Crs Allen and Nadin

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

9.2 Request for Tender (RFT) 223-091 Comprehensive Safety Review – 3 Dams

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, Nadin, Griff, Seckold, Allen, Porter and O'Neil

Against:                  Nil

Absent:                    Crs Robin and Wright

The recording of the meeting ceased for the period of the Closed Session of Council.

4:14pm         The Ordinary Meeting was adjourned.

4:30pm          The Ordinary Meeting was reconvened.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording of the Council Meeting would recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.

 

17.        Noting of Resolutions from Closed Session

 

17.1

9.2 Request for Tender (RFT) 2223-091 Comprehensive Safety Review - 3 Dams

141/23

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council accepts the recommendation in the attached confidential memo.

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

142/23

RESOLVED on the motion of Crs Nadin and Allen

2.    That Council accepts the tender from Public Works in relation to contract for the works described in tender RFT 2223-091, in the amount of $573,337 (including GST), subject to variations and provisional sums in accordance with the approved budget.

3.    That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2223-091

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

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

Against:                  Nil

Absent:                    Crs Robin and Wright

 

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 4:32 pm.

Confirmed Russell Fitzpatrick
                               
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 23 August 2023.