Ordinary Meeting Minutes
Held on Wednesday 20 September 2023
at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:04pm
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PresentCr Russell Fitzpatrick, Mayor Cr Cathy Griff, Deputy Mayor Cr Tony Allen Cr Cathy Griff Cr Mitchell Nadin Cr Helen O’Neil Cr David Porter Cr Joy Robin - Virtual Cr Liz Seckold Cr Karen Wright
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In AttendanceChief 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 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 |
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1a |
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138/23 |
RESOLVED on the motion of Crs Nadin and Griff That Cr Joy Robin be supported to attend today’s Ordinary meeting virtually. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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2. |
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139/23 |
RESOLVED on the motion of Crs Nadin and O'Neil That the Minutes of the Ordinary Meeting held on 13 September 2023 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
3. Declarations
There were no declarations of interest
4. Public Forum
There was no public forum.
5. Petitions
There were no petitions.
6. Mayoral Minutes
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6.1 |
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140/23 |
RESOLVED on the motion of Cr Fitzpatrick As Australians will vote on Saturday 14 October 2023 in a referendum about changing the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice, that Council: 1. Acknowledges its role as an information provider and facilitator of community discussions; 2. Recognises and respects that there is diversity of views regarding the Voice to Parliament and the referendum and notes that it is not Council's role to financially support or advocate for a specific position regarding the Voice to Parliament; 3. Commits to sharing information on the Voice to Parliament in a respectful manner, making it easy for community members to access accurate and reliable information to form their own opinions and engage in constructive dialogue on the topic, including by providing a link on Council's website to the Australian Government's The Voice site (voice.gov.au). 4. Council endorses the motion passed at the last Australian Local Government Association conference: This National General Assembly acknowledges the Australian Government’s support of constitutional recognition for Aboriginal and Torres Strait Islanders through a Voice to Parliament and recognises what the Uluru Statement and the Voice to Parliament will mean for Australia's First Nations peoples and the broader Australian community. |
7. Urgent Business
An urgent notice of motion from Cr Nadin on the half basketball court at Barclay Street complex, Eden will be added at item 13.2.
8. Staff Reports – Community, Environment and Planning
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8.1 |
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141/23 |
RESOLVED on the motion of Crs Griff and Seckold 1. That Council resolves to publicly exhibit the Draft Glebe Lagoon Flying-fox Camp Management Plan (Attachment 1) for a period of not less than 28 days 2. That a further report be presented to Council if there are any substantial changes to the draft Management Plan arising from the public exhibition 3. That if there are no substantial changes arising from public exhibition, the draft Management Plan be considered adopted and published to Council’s website In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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8.2 |
Draft Flood and Sea Level Rise Policy and proposed amendments to Development Control Plan 2013 |
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142/23 |
RESOLVED on the motion of Crs Seckold and Nadin 1. That Council resolve to publicly exhibit the draft Flood and Sea Level Rise Policy (Attachment 1), and the proposed amendment to Bega Valley Development Control Plan 2013 ‘Flood and Sea Level Rise’ and ‘Coastal Hazards’ (Attachment 2) for a period of not less than 28 days. 2. That a further report be presented to Council if there are any substantial changes to the draft policy or the proposed amendment to the Bega Valley Development Control Plan 2013 arising from the public exhibition. 3. That if there are no substantial changes arise from the public exhibition, the draft policy and the proposed amendment to the Bega Valley Development Control Plan 2013 be considered adopted and published to Council’s website. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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8.3 |
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143/23 |
RESOLVED on the motion of Crs Nadin and Seckold That Council: 1. Resolves to re-establish the alcohol free zone (AFZ) in the Biamanga Aboriginal Cultural Area on the same schedule as current alcohol free zones in the shire. 2. Notes that consultation with the Biamanga National Park Board of Management, local police, the community and other stakeholders was undertaken as required under the Ministerial Guidelines and Local Government Act. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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8.4 |
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144/23 |
RESOLVED on the motion of Crs O'Neil and Nadin 1. That Council resolve to publicly exhibit the Draft Bega and Wolumla Structure Plans (Attachments 1 and 2) for a period of not less than 28 days. 2. That a further report be presented to Council following the public exhibition detailing the outcomes of the exhibition. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
9. Staff Reports – Assets and Operations
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9.1 |
Tender award for the design, construction, operation and maintenance of an organics processing facility at the Central Waste Facility (RFT 10055231) |
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145/23 |
RESOLVED on the motion of Crs O'Neil and Seckold 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, Porter, O'Neil, Robin and Wright Against: Cr Allen |
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9.2 |
Reporting of minutes- Section 355 General Sportsground Advisory Committee meeting 29 May 2023 |
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146/23 |
RESOLVED on the motion of Crs Nadin and Porter 1. That Council receive and note the report and the attached minutes of the Section 355 General Sportsground Advisory Committee meeting held on 29 May 2023. 2. Council acknowledges the contribution of Mike Sheppard to sports in the Eden community who has recently passed away. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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9.3 |
Request For Tender (RFT) 2223-093 Candelo Bridge Restoration Works Disaster Recovery Funding Arrangements |
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147/23 |
RESOLVED on the motion of Crs Nadin and O'Neil 1. That Council accepts the recommendations outlined in the confidential attachment In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil
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148/23 |
RESOLVED on the motion of Crs Nadin and O'Neil 2. That Council accepts the tender from Jarvis Norwood Constructions Pty Ltd in relation to the contract for the works as described in RFT 2223-093, in the amount of $302,500 (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 2223-093 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 |
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9.4 |
Request For Tender (RFT 2223-105) Upper Brogo Road Restoration Works Disaster Recovery Funding Arrangements |
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149/23 |
RESOLVED on the motion of Crs O'Neil and Griff 1. That Council accepts the recommendations outlined in the confidential memorandum In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil
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150/23 |
RESOLVED on the motion of Crs O'Neil and Nadin 2. That Council accepts the tender from AW Dummett Pty Ltd in relation to contract for the works as described in tender 2223-105, in the amount of $112,896 (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 2223-105 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 |
10. Staff Reports – Business and Governance
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10.1 |
Local Government NSW (LGNSW) Annual Conference 2023 - Motions |
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151/23 |
RESOLVED on the motion of Crs Nadin and Griff That Council: 1. Endorse the following Motions being submitted to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on Sunday 15 October 2023 to the LGNSW website with delegation to the Chief Executive Officer to make modifications if necessary to reflect the impacts of the recent state budget: a. Audit Arrangements as included in this report b. Purpose and future direction of NSW Reconstruction Authority as included in this report c. Funding of Pensioner rebates as included in this report d. Skills shortages as included in this report e. Skills for Visas in regional communities as included in this report f. Rating of unrateable land as included in this report g. Local Emergency Management Officers as included in this report h. Grants flexibility and visibility as included in this report i. Roads and bridges as included in this report j. Forestry and National Parks Corporation contribution to road maintenance as included in this report k. Affordable Housing as included in this report l. Funding for homelessness services as included in this report m. Improved public housing as included in this report n. Grant funding for planning and strategy development as included in this report o. Power provision to government owned infrastructure as included in this report p. Council fleet transition to electric vehicles as included in this report q. Councillor misconduct review as included in this report r. Role of Councils and election information as included in this report s. Freight connectivity to international airports as included in this report t. Policy framework and funding for joint-use facilities as included in this report u. Skills shortages - Childcare as included in this report v. Changes to residential lease termination provisions as included in this report w. Doctor servicing of hospitals as included in this report x. Funding model for arts and cultural facilities as included in this report 2. That Council request LGNSW to update its’s Housing and Homelessness priorities to reflect the existing 30% mandate of social and affordable on government owned land and that the Council seeks for that mandate to be higher. 3. That Council delegate the Chief Executive Officer to prepare a motion to LGNSW to with the intent of developing an appropriate levy to apply to short term rental accommodation In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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10.2 |
Notice to the Minister of Council's employed native title managers |
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152/23 |
RESOLVED on the motion of Crs Nadin and Allen 1. That Council receive and note the report. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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10.3 |
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02:53 pm Cr Nadin left the meeting. 02:56 pm Cr Nadin returned to the meeting.
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153/23 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council receive and note the report. 2. That Council delegate authority to the Chief Executive Officer and Mayor to execute the necessary lease documentation to affect a lease over part Lot 1 DP 770241 at Jellat for a period of twenty-five (25) years for the purpose of a rural fire station with the initial rent being $433.95 per annum including GST adjusted annually by CPI. 3. That NSW Rural Fire Service be responsible for the payment of all costs associated with the extension of tenure and annual rental payments to the landowner. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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10.4 |
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154/23 |
RESOLVED on the motion of Crs Nadin and Allen That Council: 1. receive and note draft policy 6.26 Public Interest Disclosure, 2. receive and note draft procedure 6.26.01 Managing public interest disclosures 3. place the draft policy and procedures on public exhibition for a period of 28-days and, 4. That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited documents be adopted and published on Council’s website In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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10.5 |
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155/23 |
RESOLVED on the motion of Crs Nadin and Allen 1. That Council receive and note the report on Council’s investment position at 31 August 2023. 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 |
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10.6 |
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156/23 |
RESOLVED on the motion of Crs Allen and Nadin That Councillors adopt the meeting dates for 2024 as noted below:
In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
11. Councillor Reports
Cr O’Neil provided a verbal update on the Mumbulla Community Foundation scholarships.
12. Rescission/Alteration Motions
There were no rescission/alteration motions.
13. Notices of Motion
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13.1 |
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157/23 |
RESOLVED on the motion of Crs Porter and Nadin 1. That retroactively and with immediate effect the wording such as “Return to Council” or words with similar intent that don’t specify a delegation in all council meeting minutes shall be taken as meaning returned to the elected body of Councillors at a Council meeting where the resolution is still active. 2. That all contract renewals or extensions require approval of the Elected Councillors at an open Council meeting unless a specific delegation exists. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
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13.2 |
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158/23 |
RESOLVED on the motion of Crs Nadin and Porter 1. Council reaffirms its commitment to replacing the existing basketball facility as part of the current Barclay St recreation precinct upgrade works; 2. That the dimensions of the replacement court, location and other construction details be resolved with the project’s working group; 3. That a report be presented to council at the next council meeting for options to finance the outstanding cost of the project. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
14. Questions with Notice
There were no questions with notice.
15. Questions without Notice
There were no questions without notice.
16. Confidential Business
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Adjournment Into Closed Session |
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159/23 |
RESOLVED on the motion of Crs Nadin and O'Neil 9.1 Tender award for the design, construction, operation and maintenance of an organics processing facility at the Central Waste Facility (RFT 10055231) Reason for Confidentiality 1. 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, Porter, O'Neil, Robin and Wright Against: Cr Allen |
The recording of the meeting ceased for the period of the Closed Session of Council.
3:17pm The Ordinary Meeting was adjourned.
3:29pm 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
Council did not make any resolution in closed session and moved back into the ordinary meeting with the following:
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17.1 |
9.1 Tender award for the design, construction, operation and maintenance of an organics processing facility at the Central Waste Facility (RFT 10055231) |
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160/23 |
RESOLVED on the motion of Crs Allen and Griff 1. That Council accepts the recommendation for the preferred contractor as outlined in the confidential attachment. 2. That in principle Council accepts the preferred tender subject to independent verification of financial status in relation to a contract for the services described in Tender RFT 10055231 for the design, construction, operation, and maintenance of an organics processing facility at the Central Waste Facility. 3. That authority is delegated to the Chief Executive Officer to carry out further due diligence on the financial status of the preferred contractor and once satisfied is then delegated to execute all necessary documentation in relation to this contract. 4. Once concluded then details of the preferred Tenderer and the cost subject to variations, provisional sums and prime cost items is published by Council and all tenderers be advised of Council’s decision. 5. That staff update the Waste Services long term financial plan to reflect Council’s decision In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
18. Declassification of reports considered previously in closed session
There were no declassification of reports considered previously in closed session.
Closure
There being no further business, the Chairperson closed the meeting at 3:29 pm.
Confirmed
Russell
Fitzpatrick
(digitally
signed)
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 20 September 2023.