Ordinary Meeting Minutes

Held on Wednesday 29 January 2025

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 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 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
	There were no apologies.

2.	Confirmation of Minutes
1/25	RESOLVED on the motion of Crs O'Neil and Nadin That the Minutes of the Ordinary Meeting held on 18 December 2024 as circulated, be taken as read and confirmed. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

3.          Declarations

Pecuniary Interest

Cr Mudaliar declared a pecuniary conflict of interest for item 9.4 Request for Tender (RFT) 2425-022 Boating and Marine Recreation Operational Servicing. Cr Mudaliar advised that one of the businesses that tendered is  owned by her brother. A signed declaration form was tabled by Cr Mudaliar, she will leave the chamber and not vote.

Non Pecuniary Interest

There were no Non Pecuniary Interests.

4.          Public Forum

The following deputation was heard:

Item 13.1 – Rates charged to selected Non-for-Profit Organisations

· Ms Melinda Steel on behalf of Bega District Band – AGAINST

· Mr John Rheinberger  on behalf of Merimbula Tennis Club Inc – FOR

· Mr Stan Soraka on behalf of Eden Mountain Bike Club Inc - FOR

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

Development Application statistics - October to December 2024

2/25

RESOLVED on the motion of Crs O'Neil and Daly That Council note the information, that processing times are improving and that there will be a focus on reducing them further through recruitment, training and the ongoing review of planning at both State level and through the Bega Valley Audit Risk and Improvement Committee. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

9.          Staff Reports – Assets and Operations

9.1	Reporting of minutes from the Central Waste Facility Consultative Committee and General Sportsground Advisory quarterly Committee meetings
3/25	RESOLVED on the motion of Crs Nadin and Allen That Council note this report and the meeting minutes which are appended to this report. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

9.2	DRAFT Waste Strategy 2025-2035 "Resources Not Waste"
4/25	RESOLVED on the motion of Crs O'Neil and Allen 1.    Approve the public exhibition of the DRAFT “Waste Strategy 2025-2035: Resources Not         Waste” for not less than 28 days. 2.    That Council Officers report back to Council following the public exhibition. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

9.3

Bega Valley Local Traffic Committee December 2024

5/25

RESOLVED on the motion of Crs Haggar and Mudaliar 1.    That, subject to conditions, sections of William Street between Eden and Queen Streets and Hood Street between Bega and William Street, Candelo be temporarily closed from 9.00am on Saturday, 29 March 2025 to 11.00pm on Saturday, 29 March 2025 for the Candelo Village Festival. 2.    That, the proposed traffic arrangements involving the temporary closure of William Street and Hood Street, Candelo for the Candelo Village Festival on Saturday, 29 March 2025, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines. 3.    That, the proposed arrangement involving road closures with an on-road assembly, the following are to be included in the TGS to physically obstruct access to the closed road:         The road closed (T2-4) sign must be used in conjunction with barrier boards   at the start of the site to prohibit general road user access.         At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient. 4.    That, the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place. 5.    That, persons involved in the preparation and implementation of the TGS must hold the appropriate SafeWork NSW accreditation. 6.    That, organisers fully implement an approved Special Event Transport Management Plan. 7.    That, organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW (TfNSW) by name for the event. 8.    That, prior to the event organisers have written approval from the NSW Police Force. 9.    That, the event achieves all conditions of DA 2008.0012, including parking provisions. 10.  That, as a prerequisite of road closures, the event organisers must notify all local and interstate bus services along with local taxi services, emergency services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport. 11.  That, after the event, organisers are to clean up any rubbish or waste left behind. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

9.4	Request for Tender (RFT) 2425-022 Boating and Marine Recreation Operational Servicing
	Cr Mudaliar declared a pecuniary conflict of interest for item 9.4 Request for Tender (RFT) 2425-022 Boating and Marine Recreation Operational Servicing. Cr Mudaliar advised that one of the businesses that tendered is  owned by her brother. A signed declaration form was tabled by Cr Mudaliar, she will leave the chamber and not vote. 02:11 pm      Cr Mudaliar left the meeting.
6/25	RESOLVED on the motion of Crs Nadin and Allen 1.    That Council accept the recommendation in the attached confidential memo. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Nadin, Noble, O'Neil and Porter Against:                  Nil Absent:                    Cr Mudaliar
7/25	RESOLVED on the motion of Crs Nadin and Allen 2.    That Council accept the tender from Silver Cloud Marine Pty Ltd in relation to contract for the         works described in Tender RFT 2425-022 Boating and Marine Recreation, Operational         Servicing for the in the annual amount of $29,430.00 (including GST). 3.    That authority be delegated to the Chief Executive Officer to execute all necessary         documentation and approve contract variations up to the available allocated budget. 4.    That all tenderers be advised of Council’s decision. In favour:            Crs Allen, Daly, Fitzpatrick, Haggar, Nadin, Noble, O'Neil and Porter Against:                  Nil Absent:                    Cr Mudaliar

02:14 pm      Cr Mudaliar returned to the meeting.

9.5	Request for Tender (RFT) 2425-025 - Old Wallagoot Road Disaster Recovery Funding Arrangements (DRFA) and reinforced concrete box culvert (RCBC) works.
8/25	RESOLVED on the motion of Crs Allen and Nadin 1.    That Council accepts the recommendations outlined in the confidential attachment. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil
9/25	RESOLVED on the motion of Crs Allen and Nadin 2.    That Council accepts the tender from John Michelin & Son Pty Ltd  in relation to the contract         for the works as described in RFT 2425-025, in the amount of $404,584 (including GST),         subject to provisional sums, variations and prime cost items. 3.    That authority be delegated to the CEO to execute all necessary documentation and approve         contract variations up to the available allocated budget. 4.    That all tenderers be advised of Council’s decision. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

9.6	Request for Tender (RFT) 2425-046 Towamba Road Design and Construct Block Wall
10/25	RESOLVED on the motion of Crs Allen and Nadin 1.    That Council accepts the recommendations outlined in the confidential attachment. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil
11/25	RESOLVED on the motion of Crs Allen and Nadin 2.    That Council accepts the tender from John Michelin & Son Pty Ltd in relation to contract for the works described in Tender RFT 2425-046, in the amount of $548,565 (including GST), subject to variations, provisional sums and prime cost items. 3.    That authority be delegated to the CEO to execute all necessary documentation and approve contract variation up to the available allocated budget. 4.    That all tenderers be advised of Council’s decision. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

10.        Staff Reports – Business and Governance

10.1	Quarterly Budget Review Statement (QBRS) December 2024 Q2
12/25	RESOLVED on the motion of Crs Nadin and O'Neil 1.    That Council receive and note the December 2024 Quarterly Budget Review Statement. 2.    That the budget recommendations detailed in the attachment to this report be adopted. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

10.2	Certificate of Investment December 2024
13/25	RESOLVED on the motion of Crs Nadin and Allen 1.    That Council receive and note the report on Council’s investment position at 31 December 2024. 2.    That Council notes the certification of the Responsible Accounting Officer. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

10.3

Disclosures Of Interest by Councillors following 2024 Local Government Election

14/25

RESOLVED on the motion of Crs Nadin and Porter 1.    That Council receives and notes the report on the lodgement of Disclosures by Councillors following the 2024 Local Government Elections. 2.    That the Disclosures be published on Council’s website as required under the Government         Information Public Access (GIPA) Act 2009. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

11.        Councillor Reports

There were no councillor reports.

12.        Rescission/Alteration Motions

There was no Rescission/Alteration Motions.

13.        Notices of Motion

13.1	Rates charged to selected Non-for- Profit Organisations
	A motion was moved by Crs Fitzpatrick and Allen That Council waive or reimburse through the appropriate mechanism the rates Eden Mountain Bike Club are now being levied. The motion was put to the vote and it was CARRIED In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil A motion was moved by Crs Fitzpatrick and Allen That Council waive or reimburse through the appropriate mechanism the rates and service access charges to the Merimbula Tennis Club which they are now being levied. An amendment to the motion was moved by Crs Nadin and seconded by Cr Haggar 1.    That council staff prepare a report as a priority for council that investigates exemptions or         legal mechanisms of all rates – including water and sewer access charges and waste – for         newly rated group Merimbula Tennis Club. 2.    That council pause all 24-25 rates – including water and sewer access charges and waste – for         the Merimbula Tennis Club until the report is presented to council and a decision made. 3.    That council work with the Merimbula Tennis Club to replace the 50mm water connection         with a 20mm connection at council’s expense. 4.    That council conduct a workshop with councillors looking at a broader review of rate         exemptions for community groups.  The amendment to the motion was put to the vote and it was CARRIED In favour:             Crs Daly, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Crs Allen and Fitzpatrick The amended motion became the motion and was moved by Cr Nadin and seconded by Cr Allen An amendment to the amended motion was proposed by Cr Porter and accepted by Crs Nadin and Allen 1.    That council staff prepare a report as a priority for council that investigates exemptions or         legal mechanisms of all rates – including water and sewer access charges and waste – for         newly rated group Merimbula Tennis Club. 2.    That council pause all 24-25 rates – including water and sewer access charges and waste – for         the Merimbula Tennis Club until the report is presented to council and a decision made. 3.    That council work with the Merimbula Tennis Club to replace the 50mm water connection         with a 20mm connection at council’s expense. 4.    That council conduct a workshop with councillors looking at a broader review of exemptions         for rates and charges for community groups. The amended motion became the motion and was put to the vote and it was CARRIED In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil
15/25	RESOLVED on the motion of Crs Fitzpatrick and Allen 1.    That Council waive or reimburse through the appropriate mechanism the rates Eden         Mountain Bike Club are now being levied. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil
16/25	RESOLVED on the motion of Crs Nadin and Allen 1.    That council staff prepare a report as a priority for council that investigates exemptions or         legal mechanisms of all rates – including water and sewer access charges and waste – for         newly rated group Merimbula Tennis Club. 2.    That council pause all 24-25 rates – including water and sewer access charges and waste – for         the Merimbula Tennis Club until the report is presented to council and a decision made. 3.    That council work with the Merimbula Tennis Club to replace the 50mm water connection         with a 20mm connection at council’s expense. 4.    That council conduct a workshop with councillors looking at a broader review of rates and         Access charges exemptions for community groups.  In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

14.        Questions with Notice

14.1

Cr O'Neil -  How will Bega Valley incorporate community groups and expertise into its coastal management?

Cr O’Neil asked for an update on the role of the Coastal and Environment Management Advisory Committee | Eurobodalla Council in Bega Valley’s own coastal management strategies and plans to implement coast management plans developed over the term of the previous Council for Wallaga Lake, Bermagui River and Curalo? How will Bega Valley incorporate community groups and expertise into its coastal management? Director Community, Environment and Planning, Mrs Emily Harrison advised: The involvement of Eurobodalla Shire Council in BVSCs Coastal Management program dates back to the development of the Wallaga Estuary Management Plan in the late 1990s and early 2000s. The shire boundary is the north side of Wallaga Lake and therefore estuary management is a shared responsibility with our northern neighbours. The coastal management and environmental staff from both shires have had long term professional relationships and have often worked together on major projects or shared key learnings. As such, when the original Bega Valley Coastal Planning and Flood Management Committee was formed, Council included a Eurobodalla Shire Council staff representative position on the committee. Some years later when Eurobodalla Shire Council formed a similar committee they also offered a reciprocal staff position on their committee. The BVSC Coastal Planning and Flood Management Committee have had a role in examining various drafts of the Coastal Management Programs as they have been developed and assisted in confirming priority actions within those programs. The BVSC Coastal Planning and Flood Management Committee will receive ongoing presentations as to the status of each plan’s implementation status and also provide the opportunity for staff to receive additional feedback not already received through regular channels. The Committee includes a diverse membership of subject area experts and community members who continue to provide valuable input into the delivery of Council’s Coastal Management Programs.

14.2

Cr O'Neil - Cuttagee Bridge - Progress of the work to develop design and build options

Cr O’Neil asked could Council staff provide an update on the progress of the work to develop design and build options for cost/benefit analysis and stake holder consultation on Cuttagee bridge and also provide information on the consultation process? Director Assets and Operations, Mr Ian Macfarlane advised: · The draft RFT package to engage the bridge designer has been prepared and is currently being reviewed by Council staff. · The RFT is scheduled to be released to market in late January / early February. · Once awarded, three design options will be developed by the successful tenderer in accordance with the funding agreement. · Analysis of the three design options will be undertaken and an assessment and recommendation made to Councillors prior to the preferred design option being nominated. · Regarding stakeholder consultation, the final draft of the Stakeholder Engagement Strategy has been prepared. TfNSW are currently undertaking their review. Following receipt of TfNSW’s feedback, the strategy will be finalised and circulated amongst Councils Leadership Executive Group. · The engagement strategy broadly consists of: o Community drop-in sessions giving all members of the public an opportunity to engage with the project. o Meetings/briefings with targeted stakeholders. o Online surveys. o Project newsletters and FAQ document. o Website updates.

14.3

Cr O'Neil -  APZ Management - Tathra Bushfire Rebuilding Memorandum of Understanding (MoU)

Cr O’Neil asked can the APZ Management - Tathra Bushfire Rebuilding Memorandum of Understanding (MoU) be made available to the public, or explain why it should remain confidential? Chief Executive Officer, Mr Anthony McMahon advised that Council have reached out to Crown Lands and the Rural Fire Service, there is a meeting scheduled to discuss the Memorandum of Understanding and its confidentiality, a further update will be provided to Council once the meeting has occurred.

15.        Questions without Notice

15.1	Cr Nadin - What is the cost of the hire fence at the Merimbula Airport GA precinct and what would be the cost for a permanent fence?
	Cr Nadin asked how much money has council spent on the hire fence at the Merimbula Airport GA precinct and what would be the cost for a permanent fence? Director Assets and Operations, Mr Ian Macfarlane took the question on notice.

15.2

Cr Nadin - When do staff expect to seal Merimbula Airport site LS04 where mechanic was to expand parking?

Cr Nadin asked when do staff expect to seal Merimbula Airport site LS04 where mechanic was to expand parking? Director Assets and Operations, Mr Ian Macfarlane advised there is currently no completion date, Council has gone out to tender. Tender assessment is underway and a recommendation is expected to come back to council at the next council meeting.. Council has gone out to the market to seal the area. There are 3 parking areas, 1 requires line marking, large hole where tyre service was requires primer seal and final seal and then need to redo parking area to be realigned, marked and sealed.

15.3

Cr Porter - When will the lease be provided to Merimbula Airport Maintenance?

Cr Porter advised he asked a question without notice at the December 2024 council meeting regarding Merimbula Airport Maintenance (MAM) being provided with a lease as per council resolution? Chief Executive Officer, Mr Anthony McMahon advised he is still intending to bring a response back to council, we didn’t have enough information for today’s meeting. MAM have been provided with a lease under the earlier resolution from Council, it hasn’t been signed. The second lease needs to be done in accordance with council’s resolution and new leases need to be signed. A further update will be provided on this.

15.4	Cr Fitzpatrick - Now that the Rural fire Service (RFS) can fly 737 planes, can Merimbula Airport cater for this type of plane?
	Cr Fitzpatrick asked ow that the Rural fire Service (RFS) can fly 737 planes, can Merimbula Airport cater for this type of plane? Director Assets and Operations, Mr Ian Macfarlane advised no the airport is not currently capable to cater for the 737 plane, there are limited other airports in the state that can.

16.        Confidential Business

There was no confidential business.

17.        Noting of Resolutions from Closed Session

There was no noting of resolutions from closed session.

18.        Declassification of reports considered previously in closed session

Declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 2:53pm.

Confirmed Russell Fitzpatrick
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 29 January 2025.