Ordinary Meeting Minutes

Held on Wednesday 18 December 2024

at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:00pm

 


 Present

Cr Russell Fitzpatrick, Mayor

Cr Mitchell Nadin, Deputy Mayor

Cr Tony Allen

Cr Simon Daly

Cr Peter Haggar - Apology

Cr Clair Mudaliar

Cr Peggy Noble

Cr Helen O’Neil

Cr David Porter

 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

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 Cr Peter Haggar be noted.

 

 

2.

Confirmation of Minutes

181/24

RESOLVED on the motion of Crs Allen and Mudaliar

That the Minutes of the Ordinary Meeting held on 27 November 2024 as amended and tabled at the 18 December 2024 Council meeting, be taken as read and confirmed with the updated minutes to be placed on Councils website.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

3.          Declarations

There were no declarations of interest

 

4.          Public Forum

The following deputations were heard:

Item 8.4  – Concept Development Application - Proposed change of use from Tourist Accommodation to Residential Flat

·         Mr Allan Hsiao – FOR

5.                 Petitions

Cr O’Neil tabled a petition containing 84 signatures regarding the proposed licences on Council Community land – Lawrence Park, Tathra

I am writing to object to the proposed licences that the Bega Valley Shire Council (BVSC) intends to issue within Lawrence Park, Tathra.

We object to this proposal on the following grounds:

1.       Community Disruption: The pole, equipment shelter and compound negatively impact an important overflow recreational space used by community sports clubs, their families, and others during community events and otherwise. It is designated community land nestled within residential areas, and highly valued by many families and individuals in the immediate area.

2.       Negatively residential impact: The proposed pole extends well above the tree canopy and negatively disrupt the view of all residential buildings along Reservoir Street, Tomigee Street, and the west end of Bega Street, including all houses adjacent and directly opposite the oval. The proposal also creates an immense negative visual impact from the perspective of the sports grounds (an important community gathering site), and from surrounding residential areas. Painting the pole to ‘blend in’ will not do nearly enough to mitigate this visual impact.

3.       Access: The proposed site is located directly off Bega Street, which is the main access street in and out of Tathra. To access this site, services vehicles coming from Bega must turn across traffic, creating an unnecessary risk. Further, this access point is narrow and already regularly used by community members all year round.

4.       Inadequate plan: The plan offered to residents on the 4th of November2024, does not adequately show the proposed development. It omits the boundary of the compound and the size of the equipment shelter. Further, the poles are shown in the accompanying diagram in relation to the tallest surrounding trees, extending 5m above. However, in relation to the general canopy and treeline, they are actually between 10m and 15m higher. There is no mention of health impacts, appearance of shelter and compound, lighting, noise, operation processes, backup power sources, digital interference.

Lawrence Park is an important community gathering site, a fact which the proposed licence will greatly impact. We understand the critical necessity of this communications program, but believe the installation is not compatible with the community, recreational and residential values of the immediate area.

As such, we the undersigned, reject this proposal and suggest an alternative site at one of the Thompson Road sites, one of which is already the site of an existing large communication tower and water storage, and a far better alternative. This site would not impact nearly as negatively upon the Tathra community.

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

Review of Policy 4.15 Use of Public Land (Local Approvals)

182/24

RESOLVED on the motion of Crs Nadin and O'Neil

1.    That Council resolve to publicly exhibit the draft Use of Public Land (Local Approvals) Policy (Attachment 1) and amendment to the 2024-25 Fees and Charges document (Attachment 2) for a period of not less than 42 days.

2.    That following the consultation period staff provide a further report to Council with a summary of matters raised in submissions.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

8.2

Attached Dual Occupancy - Lot 331 DP 634957, 11-13 Bunga Street BERMAGUI

183/24

RESOLVED on the motion of Crs Nadin and Allen

That Council:

1.    Support the Clause 4.6 variation request to the floor space ratio development standard, specified in Clause 4.4 of the BVLEP 2013.

2.    Approve development application 2024.83 for the erection of the dual occupancy (attached) at Lot: 331 DP: 634957, 11-13 Bunga Street Bermagui, subject to the conditions of consent provided in Attachment 1.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

8.3

Brighter Futures - request to extend service

184/24

RESOLVED on the motion of Crs O'Neil and Mudaliar

1.    That Council resolve to extend the service end date of the Brighter Futures family preservation service to 31 March 2026 to align with the Department of Communities and Justice’s new recommissioning deadline.

2.    That Council note this extension is required due to significant delays with the state government’s recommissioning process and that there is a real risk the service will cease to exist in the Bega Valley if Council does not extend its service provision to align with the revised recommissioning date.

3.    That Council note the state government was notified on 26 July 2024 of Council’s decision to cease providing Brighter Futures service provision from 30 June 2025, yet has not identified any alternative service providers for the Bega Valley Shire.

4.    That Council put the Department of Communities and Justice on notice that Council will not be in a position to extend service delivery any further should their recommissioning process be further delayed, and that the onus is on the department to find alternative service providers should this occur to ensure the Brighter Futures family preservation service remains available in the Bega Valley Shire.

5.    That Council note the importance of the Brighter Futures family preservation service for the community and the quality of the service provided by Council staff.  

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

8.4

Concept Development Application - Proposed change of use from Tourist Accommodation to Residential Flat Building

185/24

RESOLVED on the motion of Crs O'Neil and Mudaliar

That Council:

1.    Consider the relevant Section 4.15 Matters for Consideration detailed in this report and the         draft Conditions of Consent included as Attachment 1 to this report. 

2.    Determine to approve Concept Development Application 2022.455 for a change of use from         tourist accommodation (motel) to a residential flat building with associated minor building         works and strata subdivision, with the following changes to the draft conditions of consent:

        - Condition 5: Building Design
        Future Development Application(s) for building upgrades must include:

1.       Scaled detailed plans, elevations and sections

2.       Strata subdivision plan layout detailing common areas and private dwelling unit lots

3.       Scaled plans showing adequate bicycle storage areas and carparking spaces for a total of 23 car spaces

4.       Total project cost summary prepared by a quantity surveyor

5.       Certification that BASIX and NatHERS requirements are met, if required

        (f) A minimum of 2 dwellings designed in accordance with the Silver Level universal features         under the Liveable Housing Guideline

        Delete condition 11 regarding Utility Service Infrastructure Assessment noting the developer         will be required to ensure suitable servicing of the development

3.    Resolves that the provision of 2 dwellings to be designed in accordance with the Silver Level         universal features under the Liveable Housing Guideline is acceptable in the circumstances of         this case, as per the change identified to condition 5(f) in resolution point 2 above. 

4.    Notify the applicant of Council’s decision.

5.    Note that this approval does not allow any work to occur which would need to be the subject         of a future development application

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

8.5

Memorandum of Understanding with South East Arts Inc

186/24

RESOLVED on the motion of Crs O'Neil and Daly

That Council:

1.     Endorse the Memorandum of Understanding 2025-2028 between South East Arts Inc, Bega Valley Shire Council, Eurobodalla Shire Council and Snowy Monaro Regional Council (Attachment 1).

2.     Undertake to collaboratively develop an annual work program (Attachment 2) with South East Arts Inc to reflect the Bega Valley Shire’s priorities in relation to arts and cultural development.

3.     Allocate an annual financial contribution to South East Arts Inc for the period of the MOU. In the 2024/25 financial year, this amount was $28,735.68 (noting this was adopted by Council in the FY 2024/25 Operational Plan and Budget and has already been paid to South East Arts). This amount will be increased annually by CPI over the life of the MOU.

4.     Note that the full annual contribution will be paid to South East Arts Inc and they will be invoiced for rent and operating costs separately.

5.     Reconsider the terms of the MOU should South East Arts Inc’s core funding be reduced to a level which impacts the organisation’s sustainability.

6.     Delegate authority to Council’s Director Community, Environment and Planning to sign the MOU on Council’s behalf.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

9.          Staff Reports – Assets and Operations

 

9.1

Request for Tender (RFT) 2425-016 - Merimbula Waste Facility Fence

 

RESOLVED on the motion of Crs Allen and Nadin

1.      That Council notes the recommendations set out in the attached confidential memorandum.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

187/24

RESOLVED on the motion of Crs Allen and Nadin

2.      That Council rejects all tenders under clause 178 of the Local Government (General) Regulation 2021 and issue Request for Quotations for each portion of works.

3.      That authority is delegated to the Chief Executive Officer to execute all necessary documentation.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

9.2

Request for Tender (RFT) 2425-015 Design and construct weighbridge - Central Waste Facility

188/24

RESOLVED on the motion of Crs Nadin and Noble

1.      That Council notes the recommendations set out in the confidential memorandum.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

189/24

RESOLVED on the motion of Crs Nadin and Noble

2.      That Council rejects all tenders under clause 178 of the Local Government (General) Regulation 2021 and delegates the CEO to enter negotiations and finalise an outcome with the preferred tenderer, with the intention to award a contract, subject to variations and provisional sums.

3.      That authority is delegated to the Chief Executive Officer to execute all necessary documentation and award a contract.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

9.3

Outcome of Request for Tender (RFT) 2324-055 Domestic, Public Place and Commercial Waste Collection Services

190/24

RESOLVED on the motion of Crs Nadin and Allen

That Council note the contents of this report.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

9.4

Request for Tender (RFT) 2324-015 Bega Valley watermains renewal/upgrade

191/24

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council accepts the recommendations outlined in the attached confidential memo.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

192/24

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council accepts the recommendations outlined in the attached confidential memo.

2.    That Council accept the tender from Blacka’s Pipeline & Excavations Pty Ltd in relation to the contract for the works described in RFT 2324-015, in the amount of $1,000,000 (incl. GST), subject to variations.

3.    That authority is delegated to the Chief Executive Officer to execute all necessary documents in relation to the contract for work described in tender RFT 2324-015.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

9.5

Request for Quotation (RFQ) 2425-020 Supply and Delivery of Landfill Compactor

193/24

RESOLVED on the motion of Crs O'Neil and Nadin

1.      That Council approve the exemption under Section 55(3)(i) of the Local Government Act 1993 as set out in the confidential memorandum for greatest advantage.

2.    That authority be delegated to the Chief Executive Officer to execute all necessary         documentation, including contract award documents following the Request for Quotation         (RFQ) process and approving contract variations in accordance with the sustainable         procurement framework.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

10.        Staff Reports – Business and Governance

 

10.1

Request for Tender (RFT) 2425-041 Cobargo Rural Fire Station Alterations and Additions

194/24

RESOLVED on the motion of Crs Nadin and Noble

1.      That Council accepts the tender from Bega Valley Construction Pty Ltd in relation to the contract for the works described in tender RFT 2425-041, in the amount of $698,138 (including GST), subject to variations, provisional sums and prime cost items.

2.      That authority be delegated to the Chief Executive Officer to execute all necessary documentation and approve contract variations within the maximum allocated budget for the project as outlined in the attached memorandum.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

10.2

Community Housing Assistance Agreement with Southern Cross Community Housing

195/24

RESOLVED on the motion of Crs Nadin and Daly

That Council delegate authority to the Chief Executive Officer and Mayor to execute the amended Stage 1 Community Housing Assistance Agreement between Bega Valley Shire Council, Southern Cross Community Housing Limited and Homes NSW.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

10.3

Appointment of volunteer representatives to Council committees

196/24

RESOLVED on the motion of Crs Nadin and Daly

That Council:

1.    Appoint the following additional volunteers to the Access and Inclusion Advisory Committee for the term of the current Council:

·    Lisa Barbour

·    Amy Whiter

·    Jo Huxley

·    Emma Goward

·    Ronnie Williams

·    Jake Bartholomew

2.    Appoint the following additional volunteers to the Affordable Housing Implementation Group for the term of the current Council:

·    Cathy Griff

3.    Appoint the following additional volunteers to the Bega Valley Coastal Planning and Flood Management Committee (CFMC) for the term of the current Council:

·    Garry Hunter

4.    Appoint the following volunteers to the Sportsground site committees and General Sportsground s355 committee for the term of the current Council:

Sportsground

Representing

Nominations for site committees

Nominations for s355 Committee Representatives

Dickinson Oval Bermagui

Soccer Club

Daniel Bakker

 

Australian Rules

 

Kylie Scott

Cricket Club

Naomi Day

 

Dog club

Sian Hine

 

Pambula Sporting Complex

Rugby League Seniors

Andrew Holt

 

Touch Football

Emma Bolton

 

Australian Rules

 

Glen Baker

Rugby League/Cricket

 

Ian McAlpin

Wolumla Recreation Ground

Softball Club

Kellie Rosseland

 

Soccer Club

Blake Rosseland

Blake Rosseland

Archery Club

Venke Manes

Ford Park Courts Merimbula

Basketball Club

Matt Collins

Matt Collins

Netball Club

Amy Rigoni

 

Berrambool Sporting Complex

Australian Rules

 

Pauline Beuzeville

Candelo John Gordon Recreational Reserve

Little Athletics

Michael Sandefur

 

Candelo Community

 

Alice Moffitt

Bega Sporting Complex

Bega AFL Club

 

Imogen Champagne

Soccer Club

Luke Greene

 

Eden George Brown Oval

Rugby League Club

Mel Gleeson

Mel Gleeson

       

5.    Appoint the following additional volunteers to the community halls committees and s355 Halls Committee:

Hall

Nominations for site committees

Nominations for s355 Committee

Brogo

Carly Pearce

Sharon Pearce

Cobargo

Stevie Wotton

Donald Green

Raelene Benny

 

Eden

Maree O'Neill

 

Vera Clark

 

Kiah

Dave Boulton

 

Denise Bolton

 

John Davidson

 

Nethercote

Scott Schuck

Colin Bates

Towamba

Vicki McCredie

 

Wandella

Julie Welsh

 

Stacy Williams

 

Wolumla

Stephen Brazenor

 

Del Sproats

 

 

6.    Appoint the following volunteers to the Awards Committee:

·    Karen Wright

·    Marcella Joy Robin

7.    Note additional nominations for site committees and s355 committees will be reported to council for endorsement when received.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

 

10.4

Certificate of Investment November 2024

197/24

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council receive and note the report on Council’s investment position at 30 November 2024.

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

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

11.        Councillor Reports

 

11.1

Reboot Bermagui and Giiyong Festival

 

Cr O’Neil’s report was noted.

 

12.        Rescission/Alteration Motions

There were no rescission/alteration motions.

13.        Notices of Motion

 

13.1

Development of a local approvals policy for moveable dwellings

198/24

RESOLVED on the motion of Crs Daly and O'Neil

1.    That Council staff provide a report to Council on the benefits, opportunities and risks of developing a Local Approvals Policy to provide exemptions for moveable dwellings being used solely for crisis accommodation. This report should identify any resourcing or budgetary impacts, as well as any other considerations and impacts. The report would be due to be provided at Council’s meeting in March 2025.

2.    That Council staff review the attached draft Local Approvals Policy (LAP) and provide feedback to Council as part of the report in point 1.

3.    That staff seek feedback from the Affordable Housing Implementation Group on the above two items and report all feedback to Council as part of the report identified in point 1.

In favour:             Crs Allen, Daly, Fitzpatrick, Mudaliar, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Haggar

 

14.        Questions with Notice

There were no questions with notice.

15.        Questions without Notice

 

15.1

Cr Fitzpatrick - Current projects/works contracts held up by the Electrical Trade Union dispute

 

A response to Cr Fitzpatrick’s questions without Notice was provided in the Ordinary Council Meeting Agenda of 18 December 2024 with the response as follows:

The following additional project information is provided for Councillors information.

Bega Sporting Complex  

No delays as yet, however if this dispute is not resolved in the next three months this could impact the completion date. No costs have been incurred for Essential Energy delays as yet but if they occur Council will potentially be liable for delays of up to $4,000 per day.

Merimbula Airport General Aviation (GA) Precinct

Electrical cutover has been cancelled and temporary construction fencing left in place to protect Essential Energy equipment and material delivered to site. As a result, the GA cannot be opened to the public.

There will be additional redeployment costs of about $30,000 once works are resourced.

Pambula Sporting Complex

Long delays in Level 3 design and design approvals have resulted in the Essential Energy connection being on the project's critical path.

Options of a temporary power connection from existing power supply or diesel generator have been explored with temporary power connection being arranged at additional cost to the project.

If these are feasible, the project is on a tight schedule for completion. Council will be liable for redeployment costs of electrical contractor to complete energization of facility.

Cost estimate: $30,000

Richies Lagoon Bridge     

Essential Energy infrastructure design of powerline relocation. May cause delays if not resolved in the next three months during the project's design phase. Relocation part of the construction contractor's Scope of Work.

6 Mile Bridge and Mount Darragh Road

Essential Energy infrastructure design of powerline relocation. Low risk of timeline impact on project. This may change once project construction is funded.

Bega Water Treatment Plant    

Cutover for upgrade of the bore field electrical infrastructure was postponed from mid-Nov 24. Low risk as cutover is not on the critical path and can be rescheduled.

Pambula Master Plan design project

Essential Energy infrastructure design of powerline relocation. Low risk of timeline impact on project. This may change once project construction is funded.

Merimbula Master Plan design project

Essential Energy infrastructure design of powerline relocation. Low risk of timeline impact on project. This may change once project construction is funded.

Central Waste Facility design project

Essential Energy infrastructure design of powerline relocation. Low risk of timeline impact on project. This may change once project construction is funded.

Direct Communication with Essential Energy

On 3 December 2024, Council officers discussed with Mr Geoff Burgess, Head of Strategic Council Partnerships at Essential Energy whether Council may be compensated for the costs of Essential Energy cancellations. Mr Burgess noted that while Essential Energy does not have a policy of compensating organisations for the cost of cancelled cutovers, these costs have been paid on a case-by-case basis.

On 11 December 2024, Council officers will have a follow up meeting with Mr Burgess to discuss this and other Essential Energy caused delays and additional costs in further detail.

 

15.2

Cr Porter - Progress to offer Merimbula Aircraft Maintenance a 20 year lease

 

Cr Porter asked can staff update council regarding progress on the resolution of council to offer Merimbula Aircraft Maintenance a 20 year lease and also if potential leases in the general aviation area have progressed?

Chief Executive Officer, Mr Anthony McMahon took the question on notice.

 

15.3

Cr Nadin - Processing a planning proposal

 

Cr Nadin asked could council be informed how the rate is set for council processing a planning proposal and how to review this figure?

Chief Executive Officer, Mr Anthony McMahon took the first part of the question on notice and advised the process is council can amend fees & charges pending they are not statutory charges.

 

15.4

Cr Nadin - How a threshold or trigger could be introduced to require the actions included in table 3.1 of council’s development control plan?

 

Cr Nadin asked could Council be provided a response as to how a threshold or trigger could be introduced to require the actions included in table 3.1 of council’s development control plan?

Chief Executive Officer, Mr Anthony McMahon took the question on notice and advised the development control plan can be amended.

 

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 03:23 pm.

Confirmed Russell Fitzpatrick
                                (digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 18 December 2024.