Ordinary Meeting Minutes

Held on Tuesday, 9 February 2022

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

 


 Present

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Cathy Griff

Cr Mitchell Nadin

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

 

 In Attendance

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Events, Ms Emily Harrison

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 and waters of the Shire, the people of Yuin nation, to show respect to elders past and present.

Congratulations to Australia Day Recipients in the Bega Valley Shire

The Mayor congratulated the following recipients of Australia Day Awards in the Bega Valley Shire:

·         Ms Shirely Rixon, Berrambool – OAM for Services to the community of the Sapphire Coast

·         Ms Roslynne Hansen, Merimbula  – OAM for significant service to urban planning architecture, and to educational, professional, and heritage conservation organisations

1.

Apologies

 

There were no apologies.

 

2.

Confirmation of Minutes

11/22

RESOLVED on the motion of Crs Seckold and Nadin

That the Minutes of the Ordinary Meeting held on 24 November 2021 and the Extraordinary Meeting held on 11 January 2022 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.

 

 

Movement of item 13.2

12/22

RESOLVED on the motion of Crs Allen and Nadin

That item 13.2 be moved forward in the agenda to be dealt with now.

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

Against:                  Nil

 

 

13.2

Cuttagee Bridge

 

A motion was moved by Crs O’Neil and Griff

Council notes that:

1.       ·  Cuttagee Bridge is identified as having ‘very high significance’ on the Local Heritage                       register (Bega Valley LEP 2013, Schedule 5, item #655);

·    Following a funding offer from Transport for New South Wales - Fixing Country Bridges program, on 10 March 2021 Councillors resolved (Resolution 37/21) without broad community consultation to demolish Cuttagee Bridge and to replace it with a two-lane concrete structure;

·    This policy sparked strong community opposition expressed in petitions, surveys, public meetings and other protests, and media reporting, up to and during the council election campaign; and

·    The offer from Transport for New South Wales - Fixing Country Bridges program was withdrawn, and no funding currently exists to implement Council’s policy.

2.    Council seeks State Government funding for an external study into the feasibility and costs         of    a sustainable and safe timber or hybrid one-lane bridge at Cuttagee:

·    The study should address the environment and climate related issues of a crossing in this location and the implications of sea level rise, coastal inundation, and erosion

·         Feasibility completed as a matter of urgency

·    The study is to determine the appropriate weight limit and design for the bridge

·    The study should consider the role of the Tathra-Bermagui Road as an asset in a broader cultural tourism strategy for the Bega Valley.

3.    Council recognises the need for urgent repair work to be undertaken on the bridge and will allocate sufficient funds as and when required to ensure so that it can continue to serve residents and visitors safely into the future

4.    Council directs that any construction and repair work respects the heritage status of the bridge and its sensitive coastal environment

5.    Council will develop a community engagement strategy commensurate to the project requirements

6.    Council thanks the members of the community advisory group for their time and diligence in identifying relevant heritage aspects of Cuttagee Bridge

7.    That Council advocate to the NSW and Federal Governments for further and more flexible         bridge funding programs that consider solutions other than full concrete construction,         delivery timeframes greater than two years and eligibility criteria not limited to just existing         timber bridges.

8.    Retain the advisory group, to be reconvened as appropriate to consider next steps of grant         seeking; research etc;

9.    Request staff to undertake research regarding relevant uses of timber in bridge restoration

A motion was foreshadowed by Cr Fitzpatrick

1.    That Council reinforce its previously adopted position with respect to Cuttagee Bridge

2.    That Council proceed to prepare a development application to demolish Cuttagee Bridge as         previously resolved and replace with a two lane concrete bridge

3.    That council have the DA independently assessed through the appropriate mechanism

4.    That Council acknowledge the rapid deterioration of Cuttagee Bridge and the need for urgent         action to replace the current structure

5.    That Council resolve to commit to ensuring future protection of MR272 Tathra-Bermagui         Road when and how necessary to mitigate climate change related impacts

6.    That Council advocate to the State and Federal Governments for urgent funding to replace         Cuttagee Bridge acknowledging the replacement will take several years to complete

7.    That Councill advocate to the NSW and Federal Governments for further and more flexible         bridge funding programs that consider solutions other than full concrete construction,         delivery timeframes greater than two years and eligibility criteria not limited to just existing         timber bridges

The motion was put to the vote and it was LOST

In favour:             Crs Griff, Porter, O'Neil and Robin

Against:                  Crs Fitzpatrick, Nadin, Seckold, Allen and Wright

 

The foreshadowed motion became the motion and was moved by Crs Fitzpatrick and Allen

1.    That Council reinforce its previously adopted position with respect to Cuttagee Bridge

2.    That Council proceed to prepare a development application to demolish Cuttagee Bridge as         previously resolved and replace with a two lane concrete bridge

3.    That council have the DA independently assessed through the appropriate mechanism

4.    That Council acknowledge the rapid deterioration of Cuttagee Bridge and the need for urgent         action to replace the current structure

5.    That Council resolve to commit to ensuring future protection of MR272 Tathra-Bermagui         Road when and how necessary to mitigate climate change related impacts

6.    That Council advocate to the State and Federal Governments for urgent funding to replace         Cuttagee Bridge acknowledging the replacement will take several years to complete

7.    That Councill advocate to the NSW and Federal Governments for further and more flexible         bridge funding programs that consider solutions other than full concrete construction,         delivery timeframes greater than two years and eligibility criteria not limited to just existing         timber bridges

A motion was foreshadowed by Cr Wright

1.    That Council resolve to include funding in the 2022/23 budget to do detailed design of a         single lane composite bridge consisting of a concrete substructure and timber superstructure         to replace Cuttagee Bridge

2.    That Council proceed to prepare a development application to demolish Cuttagee Bridge as         previously resolved with the intent of replacing it with a single lane composite structure as         described in item 1 above.

3.    That council have the DA independently assessed through the appropriate mechanism

4.    That Council acknowledge the rapid deterioration of Cuttagee Bridge and the need for urgent         action to replace the current structure

5.    That Council resolve to commit to ensuring future protection of MR272 Tathra-Bermagui         Road when and how necessary to mitigate climate change related impacts.

6.    That Council advocate to the State and Federal Governments for urgent funding to replace         Cuttagee Bridge acknowledging the replacement will take several years to complete

7.    That Councill advocate to the NSW and Federal Governments for further and more flexible         bridge funding programs that consider solutions other than full concrete construction,         delivery timeframes greater than two years and eligibility criteria not limited to just existing         timber bridges.

The motion was put to the vote and it was LOST

In favour:             Crs Fitzpatrick, Nadin, Seckold and Allen

Against:                  Crs Griff, Porter, O'Neil, Robin and Wright

 

The foreshadowed motion became the motion and was moved by Crs Wright and Griff

1.    That Council resolve to include funding in the 2022/23 budget to do detailed design of a         single lane composite bridge consisting of a concrete substructure and timber superstructure         to replace Cuttagee Bridge

2.    That Council proceed to prepare a development application to demolish Cuttagee Bridge as         previously resolved with the intent of replacing it with a single lane composite structure as         described in item 1 above.

3.    That council have the DA independently assessed through the appropriate mechanism

4.    That Council acknowledge the rapid deterioration of Cuttagee Bridge and the need for urgent         action to replace the current structure

5.    That Council resolve to commit to ensuring future protection of MR272 Tathra-Bermagui         Road when and how necessary to mitigate climate change related impacts.

6.    That Council advocate to the State and Federal Governments for urgent funding to replace         Cuttagee Bridge acknowledging the replacement will take several years to complete

7.    That Councill advocate to the NSW and Federal Governments for further and more flexible         bridge funding programs that consider solutions other than full concrete construction,         delivery timeframes greater than two years and eligibility criteria not limited to just existing         timber bridges.

A motion was foreshadowed by Cr Porter

To defer this item and have a Councillor workshop prior to reconsidering the matter including engaging with the NSW Government

The motion was put to the vote and it was LOST

In favour:             Crs Griff, O'Neil, Robin and Wright

Against:                  Crs Fitzpatrick, Nadin, Seckold, Allen and Porter

 

The foreshadowed motion became the motion and was moved by Crs Porter and Wright

To defer this item and have a Councillor workshop prior to reconsidering the matter including engaging with the NSW Government

The foreshadowed motion became the motion and was put to the vote and it was LOST

In favour:             Crs Griff, Porter and O'Neil

Against:                  Crs Fitzpatrick, Nadin, Seckold, Allen, Robin and Wright

 

 

Adjournment

13/22

RESOLVED on the motion of Crs Fitzpatrick and Allen

That the meeting be adjourned for 5 minutes.

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

Against:                  Nil

 

03:28 pm     The Ordinary meeting was adjourned.

The recording and  live streaming of the meeting ceased for the period of adjournment.

03:36 pm     The Ordinary meeting was reconvened.

03:37 pm     Cr Porter returned to the meeting.

6.          Mayoral Minutes

 

6.1

Notice of Motion to Local Government NSW (LGNSW) Special Conference - FY2023 Rate Peg

14/22

RESOLVED on the motion of Cr Fitzpatrick

That Council:

1.     Submit a motion to the upcoming Local Government NSW Special Conference urging the NSW Government to overturn and undertake a review of the IPART determination that properly considers Award and Consumer Price Index increases, Covid and supply chain impacts. Noting that any reduction in services and construction of community infrastructure, as a result of continued rate pegging, will be devastating.

2.      That Local Government NSW:

a)      Reiterates the long-held position that Rate Pegging is crippling Councils in NSW, and that this problem has been further exacerbated by the recent IPART baseline rate cap of just 0.7%, the lowest rate cap in more than 20 years, further restricting Councils who are already working hard to help their communities recover from the economic and social impacts of natural disasters and the ongoing COVID-19 pandemic;

b)     Notes that the rate cap will have significant repercussions on local services to the community with a reduction in compounded income of more than $3.1 million over the next ten years.

c)      Notes that IPART's decision is based on the cost of goods in 2020 and does not recognise the increase in the cost of essential commodities such as fuel. Further noting that IPART has decided to apply the public service wage increase of 1.2%, instead of the 2% guaranteed to Council workers for 2022, leaving local Councils even further out of pocket as more costs are shifted to local government;

d)     Notes that according to the NSW Productivity Commission, cumulative negative impacts of over 40 years of rate pegging, and that the democratic process of local government elections is the most powerful protection against exorbitant rate rises;

e)     Calls on the NSW Government to provide Councils across NSW an operating grant equivalent to the revenue difference between a 0.7% rate increase and what a 2.5% rate increase would have been, noting this will still not adequately cover the cost increases being experienced but NSW Councils

3.     Writes to Local Member for Bega, the Minister for Local Government, and the Chief Executive of the Office of Local Government advocating for the removal of universal rate pegging in NSW, allowing duly elected Councils to set rates, in consultation with their communities, noting that the baseline rate cape of just 0.7% in 2022 is set to have a devastating economic and social impact for many local Councils and the communities they serve.

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

Against:                  Nil

 

7.          Urgent Business

There was no Urgent Business.

8.          Staff Reports – Community, Environment and Planning

1.1

2021.1190 Request to vary development standard - 60 McDonald Road, Wandella       

15/22

RESOLVED on the motion of Crs Allen and Seckold

1.    Council provide in-principle support for the erection of a dwelling on Lot 46 DP 752164, known as 60 McDonald Road, Wandella.

2.    Council seek the concurrence of the Secretary of the Department of Planning, Infrastructure and Environment (DPIE) pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013 for variation to the 120 hectare minimum lot size development standard specified by Clause 4.2A(3a) of the Bega Valley Local Environmental Plan 2013 to allow erection of a dwelling on Lot 46 DP 752164.

3.    Should the Secretary of the Department of Planning, Infrastructure and Environment grant concurrence to the proposed variation to the minimum lot size development standard, in the specific exceptional circumstances of this application, that staff be delegated to determine the application subject to conditions, generally as outlined in the Draft Conditions of Consent (Attachment 1).

4.    Should the Secretary of the Department of Planning, Infrastructure and Environment refuse concurrence, that staff be delegated to refuse the application.

5.    Should the Secretary of the Department of Planning, Infrastructure and Environment grant concurrence to the proposed variation, that Council instigates transfer of ownership of the access road reserve from the Crown to Council.

6.    That all costs associated with the transfer of the road reserve, including Council’s legal costs, survey work, plan preparation and registration fees be borne by the Applicant.

7.    The costs of works required to construct the road to Council’s engineering standards be borne by the applicant.

8.    The Chief Executive Officer and/or Mayor be authorised to execute the necessary documentation to effect the transfer of ownership of the Crown road reserve.

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

Against:                  Nil

 

8.1

Request to Vary Development Standard - Jim McMahon Drive Kiah

16/22

RESOLVED on the motion of Crs Allen and Seckold

That Council:

1      Support in principle the erection of a dwelling house on Part Lot 14 DP 750223, known as Lot 14 Jim McMahon Drive, Kiah.

2.    Seek the concurrence of the Secretary of the Department of Planning, Infrastructure and Environment pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013 for variation to the 120 hectare minimum lot size development standard specified by Clause 4.2A(3)(a) of the Bega Valley Local Environmental Plan 2013 to allow the erection of a dwelling on Part Lot 14 DP750223.

3.    Delegate to staff authority to determine the application subject to standard conditions, generally as outlined in the Draft Conditions of Consent (Attachment 1), should the Secretary of the Department of Planning, Infrastructure and Environment grant concurrence to the proposed variation to the minimum lot size development standard, in the specific exceptional circumstances of this application.

4.    Delegate to staff authority to refuse the application, should the Secretary of the Department of Planning, Infrastructure and Environment refuse concurrence.

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

Against:                  Nil

 

 

8.2

Advocacy for Older Australians Accessing Care Support Packages

17/22

RESOLVED on the motion of Crs Nadin and Allen

That Council:

1.    Acknowledge the funding discrepancies available under the Australian Government’s My Aged Care and National Disability Insurance Scheme to adequately support older Australians with their care needs.

2.    Write to the Hon Richard Colbeck, Minister for Senior Australian and Aged Care Services,         advocating for changes to provide more adequate support to My Aged Care participants and         reassess the National Disability Insurance Scheme eligibility criteria for older Australians to         ensure adequate funding is provided to support greater quality of life.

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

Against:                  Nil

 

 

8.3

2022 Eden-Monaro and Bega Election Priorities

18/22

RESOLVED on the motion of Crs Nadin and Seckold

That Council:

1.    Support the election priorities identified in Attachment 1.

2.    Call on all candidates for the Bega and Eden Monaro elections to support these election priorities.

2.    Note that due to the short timeframe until the Bega by-election on 12 February, the Mayor and Chief Executive Officer (CEO) have commenced engagement with candidates on the priorities identified in Attachment 1.

3.    Note that engagement will be undertaken with candidates for the Eden Monaro election, as those candidates become known. 

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

Against:                  Nil

 

 

8.4

Clause 4.6 Variations to Development Standards Approved by Council for October to December 2021 Period

19/22

RESOLVED on the motion of Crs Nadin and Allen

That Council note the Clause 4.6 variations approved by Council (Attachment 1) for the period October 2021 to December 2021.

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

Against:                  Nil

 

9.          Staff Reports – Assets and Operations

 

9.1

Proposed divestment - Lot 66 DP 1171407 Ravenswood Street, Bega

20/22

RESOLVED on the motion of Crs Griff and Seckold

1.    That Council receive and note the report and attached Confidential Memorandum.

21/22

RESOLVED on the motion of Crs Griff and Seckold

2.    That Council approve the divestment of Lot 66 DP 1171407 Ravenswood Street, Bega to the offeree Adam and Daniel Blacka, for the amount as offered.

3.    That all fees to finalise this matter be payable by Council from the proceeds of sale.

4.    That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and Chief Executive Officer. 

5.    That the offeree be advised of Council’s decision.

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

Against:                  Nil

 

 

9.2

Transfer of land to National Parks and Wildlife Service

22/22

RESOLVED on the motion of Crs Griff and O'Neil

1.    That Council approve the divestment of Lot 8 DP 625726 at Nadgee Road, Wonboyn to National Parks and Wildlife Service, for nil compensation in accordance with Section 45 of the Local Government Act 1993.

2.    That National Parks and Wildlife Service be responsible for all costs associated with the divestment of Lot 8 DP 625726 at Nadgee Road, Wonboyn including Council’s legal costs.

3.    Council affixes the Seal of Council to any documents required to be sealed relating to the disposal of Lot 8 DP 625726 and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents.

4.    Authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the disposal of Lot 8 DP 625726 not requiring the affixing of the Seal of Council.

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

Against:                  Nil

 

 

9.3

Classification of land dedicated to Council at Kalaru

23/22

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council note the 28-day public notification process has been completed regarding the proposal to classify Lot 10 DP 1278152 at Kalaru as operational land, with no submissions received.

2.    That Council resolve to classify Lot 10 DP 1278152 at Kalaru as operational land under Section 31 of the Local Government Act 1993 (NSW).

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

Against:                  Nil

 

 

9.4

Bega Sporting Complex - formalisation of tenure

24/22

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council make an application to NSW Department of Industry – Lands and Water under section 3.3 of the Crown Land Management Act 2016 (NSW) to be appointed as Crown Land Manager of Reserve 32165 (Lot 15 Section 33 DP 758076).

2.    That Council make an application to NSW Department of Industry – Lands and Water under section 2.14 of the Crown Land Management Act 2016 (NSW) for an additional reserve purpose of public recreation to be added to Reserve 32165 (Lot 15 Section 33 DP 758076).

3.    That authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the applications to NSW Department of Industry – Lands and Water.

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

Against:                  Nil

 

 

9.5

Proposed divestment of Lot 1 in DP 879737 at Nullica

25/22

RESOLVED on the motion of Crs Nadin and Griff

1.    That Council receive and note the report.

2.    That Council approve the divestment of Lot 1 DP 879737 at Nullica to the proprietors of Lot 26 in DP 750223, for $10,000 plus GST.

3.    That all fees associated with the divestment of Lot 1 DP 879737 at Nullica be payable by the proprietors of Lot 26 in DP 750223.

4.    That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and Chief Executive Officer.

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

Against:                  Nil

 

 

9.6

Wyndham Men's Shed Incorporated tenure arrangement

26/22

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council receive and note the report.

2.    That Council authorise the Chief Executive Officer and Mayor to execute the necessary lease documentation to provide tenure of five (5) years to Wyndham Men’s Shed Incorporated for their continued occupation of the old Rural Fire Service shed located on surplus road reserve on the corner of Norwood and Gordon Streets, Wyndham, for an annual rental fee of $8,460 plus GST per annum, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.

3.    That Wyndham Men’s Shed Incorporated be responsible for payment of all costs associated with the preparation and registration of the lease.

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

Against:                  Nil

 

 

9.7

Lease to RBA Holdings Pty Ltd at Tura Beach reservoir site

27/22

RESOLVED on the motion of Crs Fitzpatrick and O'Neil

To defer this item to a future Councillor workshop.

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

Against:                  Nil

 

 

9.8

Colombo Park Bemboka Management

28/22

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council receive and note the report.

2.    That Council revokes the appointment of Bemboka Lions Club as Trustees for Colombo Park, Bemboka and the constitution for the management of the site and progress a Facility Management Plan for the site which is consistent with other Bega Valley Shire Council managed sportsgrounds sites.

3.    That Council endorses the attached amended Facility Management Plan including the attached Draft Appendix 10 Bemboka Colombo Park Facility Management Plan.

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

Against:                  Nil

 

 

9.9

Creation of a positive covenant for APZ purposes over Council owned land at Arthur Kaine Drive, Merimbula

29/22

RESOLVED on the motion of Crs Fitzpatrick and O'Neil

1.    That Council receive and note the report.

2.    That Council approve the creation of a positive covenant over Lot 120 DP 847899 at Arthur Kaine Drive, Merimbula in accordance with the Conveyancing Act 1919 to the benefit of the adjoining landowner of Lot 121 DP 847899 as outlined in the report of 9 February 2022.

3.    That all costs associated with the creation of the positive covenant be met by the landowner of Lot 121 DP847899 including but not limited to legal costs, survey costs and registration fees.

4.    That the positive covenant be provided on the condition that compensation be paid to         council based on a market value that considers the associated combined benefit to the         adjoining property owner.

5.    That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the above course of action.

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

Against:                  Nil

 

 

9.10

Road closure - Calle Calle Street, Eden

30/22

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council approve, in principle, the closure of the Council public road reserve adjoining Lots 4 and 5 DP 740471 at 100 Calle Calle Street, Eden.

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

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

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

5.    That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the road closure, creation of easement for a sewer treatment plant effluent outfall pipe running through the road corridor         and subsequent sale of land to the applicant for the value as determined by an independent valuer.

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

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

Against:                  Nil

 

 

9.11

RFT 2122-034 Sapphire Coast Drive Intersection Upgrade

31/22

RESOLVED on the motion of Crs Nadin and Seckold

1.      That Council accept the recommendations in the confidential attachment relating to RFT 2122-034 Sapphire Coast Drive Intersection Upgrade.

2.      That Council reject all the tender submissions in relation to contract for the works described in Tender RFT 2122-034 Sapphire Coast Drive Intersection Upgrade

3.      Delegation be given to the Acting Chief Executive Officer to negotiate with tenderers and other interested parties to investigate alternative submissions.

4.      The funding body be notified of the identified shortfalls and an extension of time sought while value engineering and other funding options are explored.

5.      That consideration be given to using Local Roads and Community Infrastructure funding to increase the available project funds.

6.      That authority be delegated to the Acting Chief Executive Officer to execute all necessary documentation.

7.      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

04:11 pm      Cr Nadin left the meeting.

 

9.12

Bermagui Harbour and Pambula Lake (Broadwater) Boat Ramp Upgrades - Concept Designs

32/22

RESOLVED on the motion of Crs Allen and Griff

1.    That Council receive and note the information in this report.

2.    That Council endorse the final concept designs for the Bermagui Harbour and Pambula Lake (Broadwater) Boat Ramp Upgrades.

3.    That Council approves the Chief Executive Officer, or their delegate, to proceed with the project following endorsement of these concept designs.

4.    That Council delegate authority to the Chief Executive Officer, if required, to endorse minor amendments to the design to fit within the project budget.

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

Against:                  Nil

Absent:                    Cr Nadin

 

10.        Staff Reports – Business and Governance

04:14 pm     Cr Nadin returned to the meeting.

10.1

Disposal of Assets Policy (Other than Land & Buildings)

33/22

RESOLVED on the motion of Crs O'Neil and Allen

1.    That Council endorse draft Policy 6.24 Disposal of Council Assets (Other than Land & Buildings)

2.    That Policy 6.24 Disposal of Council Assets (Other than Land & Buildings) be exhibited for a period of 28 days.

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

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

Against:                  Nil

 

 

10.2

Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2021

34/22

RESOLVED on the motion of Crs Nadin and Allen

That Council receive and note the report on Financial Year 2021 Audited Financial Statements and Report on the Conduct of the Audit.

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

Against:                  Nil

 

 

10.3

Certificate of Investment November 2021

35/22

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council receive and note the attached report on Council’s investment position as at 30 November 2021.

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

 

 

10.4

Certificate of Investment December 2021

36/22

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council receive and note the attached report on Council’s investment position as at 31 December 2021.

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

 

 

10.5

Quarterly Budget Review Statement (QBRS) December 2021 (Q2)

37/22

RESOLVED on the motion of Crs Allen and Griff

1.    That Council receive and note the December 2021 Quarterly Budget Review Statement.

2.    That the budget recommendations detailed in the December 2021 Quarterly Budget Review Statement be adopted.

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

Against:                  Nil

 

11.        Councillor Reports

There were no Councillor reports.

12.        Rescission/Alteration Motions

There were no Recission/Alteration Motions.

13.        Notices of Motion

 

13.1

Establishment of Youth Council/Committee

38/22

RESOLVED on the motion of Crs Wright and Allen

1.    Council staff provide a report to Council on:

a)    Council’s current youth program

b)    the resources required to develop a youth specific strategy to align with the Community Strategic Plan

c)    the resources required to establish and support a youth committee including staff costs and funds for putting on events such as during National Youth Week, organising and attending regional youth events.

d)    Details regarding population data associated with a 12-24 year age group including High School students, TAFE, University students, unemployed, people on benefits, people with disability, Aboriginal people, parents, graduates, apprentices, and unskilled workers.

2.    The scope of the youth committee to be costed would be classed as an advisory committee without delegating functions, comprised of youth aged 12-24 (max 20) including members from local high schools, those participating in home-schooling, young people no longer attending school and youth attending higher education at local TAFE or University campuses. Youth focused delegates from the community would also be invited to apply. A Councillor would also be appointed by the Council.

3.    Council staff identify and seek youth related opportunities through external funding programs to enhance Council’s youth program, with particular focus on youth events and initiatives.

4.    That resources to deliver recommendations 1b and 1c be considered in Council’s Integrated Planning and Reporting documents.

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

Against:                  Nil

 

 

13.3

Tathra Kerb Extensions

 

Cr Porter withdrew his motion

That Council conduct remedial works to the Kerb extensions in Bega Street Tathra by reducing the incursion of the kerb extensions into the roadway. Kerb extension should be spaced to the Kerb side of the Fog Line approximately 300mm from the current position. In the case of the planned installation of a Wombat Crossing, modify plans to ensure a 7 metre gap between the kerb extensions so that they will not cross the Fog Line.

 

14.        Questions with Notice

There were no Questions with Notice

15.        Questions without Notice

 

15.1

Cr Nadin – Parking and Traffic report for Merimbula

 

Cr Nadin asked for an update on where the parking and traffic report for Merimbula is at and the expected timeline. Is it the intent of the previous council resolution to advise the skatepark committee in Merimbula to inform decision of and impact on location of skatepark?

Director Assets and Operations, Mr Macfarlane advised the works are currently out for Request For Tenders (RFT). The process could take over a year depending on the tender responses. Once the tenders have been assessed a report will be brought back to Council.

Since the Councill meeting the Director has sought clarification and advises that Cardno have been appointed the consultant to deliver the works with the expectation to have a draft report on Public Exhibition in Q4 of this year with a final report back to Council in early 2023. 

The Skate Park committee will be informed of the findings of the report which may shape the decision on location.

 

15.2

Cr Porter - Robertson Street, Bemboka

 

Cr Porter asked about the 200m of Robertson Street between the Snowy Mountains Highway and Gavin Street, Bemboka and is there an update on the time for the road to be looked at and fixed?

Director Assets and Operations, Mr Macfarlane advised there is currently no plans to do any works on that part of Robertson Street. It is an unformed Council Road corridor and it is not on the planning schedule to form or maintain the road.

 

15.3

Cr Griff - Background and future on locating the emergency fire hub centre in Moruya and what that means for Bega

 

Cr Griff asked for an update on the background and future of the decision to locate the emergency fire hub centre in Moruya and what does that mean for Bega?

Chief Executive Officer, Anthony McMahon advised the NSW Government and opposition cabinet  made a commitment to fund a new emergency services hub in Moruya that incorporated a Fire Control Centre (FCC). It’s great news for our region but there was some feeling in the community that it might mean a reduction in facilities in Bega Valley particularly around the Fire Control Centre. It’s not common to have multiple fire control centres within the one fire zone. The Government have publicly committed through the RFS Commissioner to maintain the FCC in the Bega Valley. It’s not clear whether the existing FCC will be relocated, Council staff are having a meeting with the relevant RFS staff to get some clarity around what the future looks like. The FCC and the facilities are okay, it’s the overall operations and the location of the FCC right in the centre of works depot precinct that is the issue. In the past the area has become dysfunctional and congested during large fires. The commitment is to stay in Bega with no commitment to relocate to the Council allocated saleyards site.

 

16.        Confidential Business  

 

 

Adjournment Into Closed Session

39/22

RESOLVED on the motion of Crs Allen and Nadin

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

16.1    Chief Executive Officer (CEO) Recruitment

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals.

 

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

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

Against:                  Nil

 

04:33 pm     The Ordinary Meeting was adjourned.

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

04:35 pm     The Confidential Closed Session meeting commenced.

04:50 pm     The Confidential Closed Session meeting concluded.

04:52 pm     The Ordinary meeting was reconvened.

Statement of Re-Commencement of Live Streaming

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

 

17.        Noting of Resolutions from Closed Session

17.1

Noting of resolutions from closed session

40/22

RESOLVED on the motion of Crs Allen and Nadin

That the resolution from closed session be brought forward into open session.

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

Against:                  Nil

 

16.1

Confidential Closed Session Item 16.1 - Chief Executive Officer (CEO) Recruitment

 

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council receive and note the submissions received from Davidson Search & Advisory,         McArthur, and Harding & Drougas.

2.    That Council endorse the selection of McArthur as the preferred provider to coordinate the         CEO recruitment process.

3.    That Council endorse the Mayor as the primary point of contact with McArthur during the         CEO recruitment process.

4.    That Council endorse the selection panel for the CEO recruitment to consist of the Mayor, Crs         Nadin, O’Neil and Porter, and a representative from the preferred service provider, with the         Mayor being the ‘panel chair’.

5.    That Council endorse a three-step recruitment process that will consist of:

a)      McArthur and the assessment panel conducting an initial assessment of candidates.

b)      The selection panel shortlisting applicants and conducting face-to-face interviews.

c)      The top rated candidates being invited to make a formal presentation to all Councillors who will vote on the preferred candidate.

d)      That independent Aiden Coleman be included as part of the formal presentation to all Councillors in the final interview process.

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 was no Declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 4:57 pm.

Confirmed Russell Fitzpatrick
             
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 9 February 2022.