Ordinary Meeting Minutes

Held on Wednesday 19 February 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

Acting Chief Executive Officer, Mrs Emily Harrison

Director, Assets and Operations, Mr Ian Macfarlane

Acting Director, Community, Environment and Planning, Mrs Iliada Bolton

Acting Director, Business and Governance, Mrs Rickee Marshall

Communications Officer, Mr Jeff Donne

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, 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 Chief Executive Officer, Anthony McMahon be noted.

 

 

2.

Confirmation of Minutes

17/25

RESOLVED on the motion of Crs O'Neil and Daly

That the Minutes of the Ordinary Meeting held on 29 January 2025 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

There were no declarations of interest.

 

4.         Public Forum

The following deputation were heard:

Item 8.3 – 2022.352 Subdivision of land into 4 allotments - Lot: 21 DP: 843223 - 88 Kerrisons Lane BEGA

·        Ms Melinda Wilton – FOR

·        Mr Benjamin Mead – on behalf of TA Projects – AGAINST

·        Mr Jason Heffernan – AGAINST

·        Mr Paul Griffin – AGAINST

Item 10.2 - Objections to proposed telecommunication lease - Lawrence Park, Tathra

·        Ann Herbert – AGAINST

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

Affordable Housing Strategy implementation progress report

18/25

RESOLVED on the motion of Crs O'Neil and Nadin

That Council:

Note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 July 2024 to 31 December 2024.

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

Against:                  Nil

 

 

8.2

Reporting of minutes for committees with delegated authority and advisory committees

19/25

RESOLVED on the motion of Crs Nadin and Allen

That Council note the report and the minutes for:

·    The Bega Eden Merrimans Aboriginal Liaison Committee for June, August and October 2024

·    The Access and Inclusion Advisory Committee for May and August 2024

·    The General Community Hall Committee for June 2024

·    The Montreal Goldfield Committee for March and August 2024

·    The Cemetery Advisory Committee for July 2024

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

Against:                  Nil

 

 

8.3

Subdivision of land into 4 allotments - Lot: 21 DP: 843223 - 88 Kerrisons Lane BEGA

20/25

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council defer determination of Development Application 2022.352 for a 1 into 4 lot subdivision at Lot 21 DP 843223, 88 Kerrisons Lane, Bega to enable Councillors to conduct a site inspection prior to the matter being reported back to Council for consideration at the 19 March 2025 Council meeting.

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

Against:                  Nil

 

 

9.         Staff Reports – Assets and Operations

 

9.1

Request For Tender (RFT) 2324-086 Sewer Main Jetting & CCTV Services 2024-2027

21/25

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council accepts the recommendations outlined in the attached Confidential         Memorandum.

2.    That Council rejects all tenders under clause 178 of the Local Government (General)         Regulation 2021 and reissue to open market, subject to revision of included scope of works         for jetting services only.

3.    That authority is delegated to the Chief Executive Officer to execute all necessary         documentation in relation to tender RFT 2324-086.

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

5.    That the CCTV services should continue to be managed internally, with the CCTV van and         camera equipment renewed as needed.

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

Against:                  Nil

 

 

10.       Staff Reports – Business and Governance

 

10.1

Report on implementation of Council's Operational Plan

22/25

RESOLVED on the motion of Crs O'Neil and Haggar

That Council:

1.    Receive and note the 2024-25 Operational Plan progress report for the period 1 July 2024 to 30 December 2024.

2.    Publish the attached progress report and corporate measures on Council’s website.

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

Against:                  Nil

 

 

10.2

Objections to proposed telecommunication lease - Lawrence Park, Tathra

23/25

Note:

Original minutes published on 21/02/25 have been amended, as per resolution 17/25

Changes are reflected in RED

RESOLVED on the motion of Crs O'Neil and Nadin

1.    That the NSW Telco Authority be advised Council does not support the proposed lease of part Lot 1 DP 1125988 at Lawrence Park, Tathra, due to the significant objections received from residents of Tathra.

2.    That Council Officers continue to work with the NSW Telco Authority to explore the feasibility of alternative Council-owned locations in Tathra and the surrounding areas, as noted within this report.

3.    That Council recognises the importance of this telecommunications infrastructure for the         Tathra community and will work with the provider and the community to find a more suitable        location. 

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

Against:                  Crs Allen and Fitzpatrick

 

 

10.3

Road Closure - DA 2020.310 at Boydtown

24/25

RESOLVED on the motion of Crs Nadin and Noble

1.    That Council considers the objection received concerning the partial closure and reopening of the Council public road reserve, as illustrated in the diagrams in the background section of the report to Council dated 14 August 2024.

2.    That Council approves proceeding with the road closure proposal in accordance with Section 38D of the Roads Act 1993 (NSW).

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

Against:                  Cr Fitzpatrick

 

 

10.4

Certificate of Investment January 2025

25/25

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council receive and note the report on Council’s investment position at 31 January 2025.

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

 

 

10.5

Policy review schedule 2025

26/25

RESOLVED on the motion of Crs Porter and Nadin

1.    That Council receive and adopt the 2025 policy review schedule.

2.    That Council undertake a formal review of its policies as per the proposed schedule.

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

Against:                  Nil

 

 

10.6

Actions from resolutions of Council - Progress Report

27/25

RESOLVED on the motion of Crs Allen and Mudaliar

That:

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

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

3.    Council endorse the completed resolutions contained within this report

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

Against:                  Nil

 

 

10.7

Reschedule Ordinary Council Meeting - from 25 June 2025 to 23 June 2025

28/25

RESOLVED on the motion of Crs Allen and Nadin

That Council reschedule the Wednesday 25 June 2025 ordinary Council meeting to Monday 23 June 2025 due to the scheduled Australian Local Government Association (ALGA) National General Assembly (NGA) being held Tuesday 24 June to Friday 27 June 2025.

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 no rescission/alteration motions.

13.       Notices of Motion

There were no notices of motion.

14.       Questions with Notice

There were no questions with notice.

15.       Questions without Notice

 

15.1

Cr Nadin - Processing a planning proposal

 

A response to Cr Nadin’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 19 February 2025 with the response as follows:

Council’s rates and charges, including the fees for the processing of planning proposals, are reviewed on an annual basis prior to finalisation of Council’s annual operating budget. As outlined in Council’s Revenue Policy 2024-25, ‘in general, Council follows a cost-recovery philosophy towards the provision of services’.

Council has resolved to charge for the processing of planning proposals based on the principle of full cost recovery. Full cost recovery involves recovery of all direct and indirect costs associated with providing a service. This includes salary, superannuation, leave provisions, the cost of providing office, phone and computer facilities, and corporate overheads like payroll. Processing of planning proposals can involve staff from across the organisation and the staff hourly rate was calculated in 2023 with assistance from Council’s finance team at $150/hr. This amount has subsequently been increased by CPI and is currently $164/hr for the 2024/25 financial year. As outlined in Table 1, this figure is comparable with other Group 4 councils in the South East Tablelands Region.

Planning proposal fees are based on the categories from the Department of Planning, Housing and Infrastructure’s ‘Local Environmental Plan Making Guideline’ which details the steps for processing local environmental plans as basic, standard and complex proposals; and full cost recovery with staff time charged.

Table 1 contains an approximation of fees for planning proposals in 2024/25 financial year for the Group 4 councils in the South East Tablelands Region. Because different councils charge in a range of ways for planning proposals the fees have been aggregated and/or reclassified to represent similar categories to those used by Bega Valley Shire Council.

It is noted that all planning proposals lodged by applicants with Council since July 2023 have been classified as ‘standard’. In total thirteen applicants have paid for Stage 1 planning proposal pre-lodgement services and five applicants have paid for Stage 2 review and assessment to date.

Table 1: Planning proposal fees for selected Group 4 councils for 2024/25 financial year

 

 LGA

Staff hourly rate

Planning Proposal Type

basic

standard

complex

Wingecarribee

$203

$20,000

$60,000

$100,000

Queanbeyan

 

$9,230

$27,700

$52,846

Snowy Monaro

$155

$12,800

$27,210

$42,030

Goulburn

$170

$8,110

$26,600

$46,500

Bega Valley

$164

$9,017

$26,068

$50,171

Eurobodalla*

 

$5,177

$10,184

$23,653

* plus $2,666 per amendment to planning proposal or review requested

 

 

 

 

15.2

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

 

A response to Cr Porter’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 19 February 2025 with the response as follows:

Following the Council meeting on 16 October 2024, Council officers wrote to Merimbula Aircraft Maintenance Pty Ltd (MAM) on 31 October 2024 to inform them of the meeting outcome and that a new 20-year lease would be issued through separate correspondence at a later date.

Upon reviewing Council records related to the construction of the aircraft maintenance hangar on LS-11, no evidence of payment for water and sewer headworks could be found. However, mapping indicates an internal line from the airport water meter servicing the hangar.

Although section 64 of the Local Government Act 1993 (NSW) permits Council to levy financial contributions to support the cost of water and sewer systems, MAM were advised by formal letter dated 9 December 2024 that Council would not retroactively apply headworks contributions for the leased premises since they are already connected to these services. However, they were informed they would need to pay a one-off connection application fee of $1,577 to connect a water meter to the leased premises.

The invoice for the water meter connection was issued to MAM on 14 January 2025 with a due date of 13 February 2025. Once the invoice has been paid, Council’s Water and Sewer staff will arrange the connection.

Concurrently, Council officers are working with legal representatives to prepare the necessary documentation to establish the new 20-year lease so that once the water connection is finalised, the lease can progress.

Regarding leases in the general aviation precinct, Council officers are continuing to work with legal representatives and consultants to develop an Agreement for Lease. However, this cannot be finalised until the location of service connections is known. Proposed lessees will require access to the lease sites for investigation and survey purposes to submit development applications to construct hangars on the land. Development applications will not be able to be lodged until the Plan of Subdivision has been registered at NSW Land Registry Services, as the design of any works would depend on knowing the boundaries for the lease sites and the location of any water and sewer connections and other services.

 

 

15.3

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?

 

A response to Cr Nadin’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 19 February 2025 with the response as follows:

At this point in time the temporary fencing is on the boundary of the airport property providing the required level of security for both the airport and construction works. It was always anticipated that as the GA precinct is populated and hangar construction begins, the temporary fence would be relocated and configured to provide security without hindering construction and slowly removed as hangars are built. It has never been intended for a permanent fence to be located along the same alignment as the current temporary fence so there can be no direct comparison.

Temporary fencing costs to date are $760/month (excl GST) for 30 months hire to end of January 2025. This totals $22,800 (noting it was anticipated that the electrical installation would have occurred in July 2024 and fencing reconfigured six months ago).

The GA precinct boundary will ultimately comprise of fence panels, hangar walls and gates for approx 370m. An estimate of cost for a ‘permanent’ run of fence along that alignment is in the region of $40,000 for a compliant, inground post and chain link fence and access gates noting that it could likely interfere with or be damaged during GA hangar construction, would be surplus to requirement once hangars and gates are in place and cannot easily be reconfigured to allow access and easy construction activities.

 

15.4

Cr Nadin - Is there any update on discussions regarding IOR Petroleum EOI?

 

Cr Nadin noted Council voted to accept an Expression of Interest (EOI) from IOR Petroleum and asked if there are any update on those discussions?

Director Assets and Operations, Mr Ian Macfarlane took the question on notice.

 

15.5

Cr Nadin - How much was the capital infrastructure for the Brogo treatment plant to add the fluoridation and how much does it cost Council per year?

 

Cr Nadin noted there was a recent media release regarding the introduction of fluoride for the Brogo treatment plant (Brogo-Bermagui line) and asked how much the capital infrastructure for the plant was to add the fluoridation and how much it costs Council per year?

Director Assets and Operations, Mr Ian Macfarlane advised the capital infrastructure for the plant to add the fluoridation was $176,000 but he will confirm this figure. Additional funding has been received for fluoridation.

Mr Macfarlane stated he was not sure of the annual figure, noting it was presented to Council in 2018, and he will confirm this.

 

 

 

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 3:01 pm.

Confirmed   Russell Fitzpatrick
                              (digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 19 February 2025.