Ordinary Meeting Minutes

Held on Wednesday 15 June 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 - Apology

Cr Helen O’Neil

Cr David Porter

Cr Joy Robin

Cr Karen Wright

 

 In Attendance

Chief Executive Officer, Mr Anthony McMahon

Acting Director, Assets and Operations, Mr Ian Macfarlane

Acting Director,  Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Acting Manager Communications and Events, Ms Skye Owen

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.

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

93/22

RESOLVED on the motion of Crs Allen and Seckold

That the apology from Cr Mitchell Nadin for 15 June 2022 Council meeting be noted.

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

Against:                  Nil

Absent:                    Cr Nadin

 

2.

Confirmation of Minutes

94/22

RESOLVED on the motion of Crs Wright and Robin

That the Minutes of the Ordinary Meeting held on 18 May 2022 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Nadin

 

 

3.          Declarations

There were no declarations of interest.

 

4.          Public Forum

The following deputations were heard:

Item 8.1 2019.77 Modification to Staged Development of Multi Unit Housing (3 units) and Subdivision (3 Lots), Lot 1292 DP 260295 - 121 Tura Beach Drive, Tura Beach

·         Mr David Bothamley on behalf of Mathew and Catherine Kologris - AGAINST

·         Mr Tony Gordon on behalf of Mathew Kologris - AGAINST

5.                 Petitions

There were no petitions.

6.          Mayoral Minutes

There were no Mayoral minutes.

Statement by The Mayor.

Congratulations Kristy McBain

The Bega Valley Shire Council congratulates the Member for Eden Monaro, Kristy McBain MP,  on her re-election and appointment as Minister for Regional Development, Local Government and Territories. Council notes that as the former Bega Valley Mayor and Councillor, the Minister will bring to her portfolio recent on-the-ground experience of the challenges facing local government including financial sustainability and climate change. Council looks forward to working with her on these challenges.

Queens’ Birthday Honours

The Mayor congratulated the following recipients announced in the Queen's Birthday Honours List for 2022.

Member of the Order of Australia

·         Col Peter Florance Retired (Bega) – service to veterans, their families and the community

Order of Australia Medal

·         Mrs Margaret Taylor (Tathra) – Service to Sapphire Coast community

·         Mr Jamie Clark (Merimbula) – Service to youth and the community

Emergency Services Medal

·         Ms Caron Parfitt (Bermagui) – Marine Rescue NSW

Australian Fire Service Medal

Greg Potts – for invaluable service to his communities (former Bermagui resident)

7.          Urgent Business

There was no urgent business.

8.          Staff Reports – Community, Environment and Planning

8.1

Modification to Staged Development of Multi Unit Housing (3 units) and Subdivision (3 Lots), Lot 1292 DP 260295 - 121 Tura Beach Drive, Tura Beach

95/22

RESOLVED on the motion of Crs Allen and Griff

That the item be dealt with today.

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

Against:                  Nil

Absent:                    Cr Nadin

 

96/22

RESOLVED on the motion of Crs Allen and Seckold

That Modification Application to DA 2019.77 to the Staged Development of Multi Unit Housing (3 units) and Subdivision (3 Lots), Lot 1292 DP 260295 – 121 Tura Beach Drive, Tura Beach seeking amendment to Conditions 18, 37 and 59 be refused for the following reason:

a.       The Gravity Sewerage Code of Australia requires individual and separate points of connection to an utility-owned sewer, or a management structure to own shared connections privately, or a standard which allows the authority to take ownership of shared assets (allowing separate connections). Allowing shared private assets with no management structure will eventually result in private dispute and defacto Council ownership of the private asset to keep it operational.

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

Against:                  Crs Fitzpatrick, Porter and Wright

Absent:                    Cr Nadin

 

 

8.2

Signage strategy

97/22

RESOLVED on the motion of Crs Seckold and Allen

1.    That Council endorses the draft Bega Valley Shire Signage Strategy

2.    That Council notes the draft strategy will be placed on public exhibition and a further report         provided to Council if there are significant proposed changes following the public exhibition         period

3.    That Council notes the draft strategy will be finalised and published following public         exhibition if there is no significant or material feedback or changes to the strategy

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

Against:                  Nil

Absent:                    Cr Nadin

 

 

8.3

Alcohol Free Zones and Alcohol Prohibited Areas

98/22

RESOLVED on the motion of Crs Porter and O'Neil

That Council:

1.    Resolves to review all existing and expired alcohol free zones with the intention of bringing them onto the same schedule to streamline the process and provide greater transparency for the community.

2.    Notes the process to do this will require the cancellation of all existing alcohol free zones and the establishment of new alcohol free zones in these locations.

3.    Notes that consultation with the local police, the community and other stakeholders will be undertaken as required under the Ministerial Guidelines and Local Government Act.

4.    Notes staff will bring further reports to Council before the consultation period begins and after the consultation for final determination.

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

Against:                  Nil

Absent:                    Cr Nadin

 

9.          Staff Reports – Assets and Operations

 

9.1

Recommendation Report - Construction of the Eden Skate Park - RFT 2122 -067

99/22

RESOLVED on the motion of Crs Allen and Robin

1.    That Council accept the recommendations as outlined in the confidential attachment

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

Against:                  Nil

Absent:                    Cr Nadin

 

100/22

RESOLVED on the motion of Crs Robin and Griff

2.    That Council accept the tender from Precision Skate Parks Pty Ltd and enter a contract in relation to the works described in tender 2021-067, in the amount of  $626,120.94 (including GST), subject to variations, provisional sums and prime cost items.

3.    That authority is delegated to the Chief Executive Officer, or in the absence of the Chief Executive Officer the Director Assets and Operations, to execute all necessary documentation.

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

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

Against:                  Nil

Absent:                    Cr Nadin

 

 

9.2

Road Closure - 99 Quarry Road, Greendale

101/22

RESOLVED on the motion of Crs Allen and O'Neil

1.    That Council approve, in principle, the closure of the unconstructed Council public road corridor within Lot 2 DP 538065 at Greendale.

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.

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

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

Against:                  Nil

Absent:                    Cr Nadin

 

 

9.3

RFT 2122-055 Council Report Bega STP Refurbishment

102/22

RESOLVED on the motion of Crs Allen and Robin

1.    That Council accept the recommendations in the attached confidential memorandum.

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

Against:                  Nil

Absent:                    Cr Nadin

 

103/22

RESOLVED on the motion of Crs Allen and Robin

2.    That Council accept the tender from Dekort Systems Pty Ltd, in relation to contract for the         works described in Tender RFT 2122-055 Bega Sewage Treatment Plant Basin Refurbishment,         Diffuser Replacement and Concrete Tank Repairs, in the amount of $348,553.69 (including         GST), subject to provisional sums, variations, and prime cost items.

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

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

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

Against:                  Nil

Absent:                    Cr Nadin

 

 

9.4

RFT 2122-054 Tathra Wharf Structure Restoration

104/22

RESOLVED on the motion of Crs Seckold and Porter

1.    Council accept the recommendation as outlined in the confidential attachment.

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

Against:                  Nil

Absent:                    Cr Nadin

 

105/22

RESOLVED on the motion of Crs Seckold and Porter

2.    That Council accept the tender from GPM Constructions Pty Ltd in relation to contract for the works described in Tender 2122-054, in the amount of $6,195,629.70 (excluding GST), subject to variations and provisional sums.

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

4.    That the other tenderers be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Cr Nadin

 

 

9.5

Bega Valley Local Traffic Committee

106/22

RESOLVED on the motion of Crs Porter and O'Neil

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 4 May 2022.

1.    Timed Bus Zone, Auckland Street, Bega

        That Council approve the installation of a timed School Bus Zone on Auckland Street, Bega between the hours of 8.00am to 9.30am and 2.30pm to 4.00pm School Days for a length of 20 metres commencing at the northern end of the access driveway to the Auckland Street campus.      

2.    Installing ‘Park in Bays Only’, Merimbula Airport

        That Council approve the installation of “Park in Bays only” signage at the entrance to the Merimbula Airport southern car park and “End Restricted Parking Area” signage at the southern end of the Merimbula Airport southern car park.

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

Against:                  Nil

Absent:                    Cr Nadin

 

 

9.6

Bega Valley Regional Learning Centre

107/22

RESOLVED on the motion of Crs Fitzpatrick and Porter

1.    That Council continue to accept proposals for the purchase of the Bega Valley Regional         Learning Centre for a minimum sale price of $5 million

2.    That all offers be reported back to Council for consideration

3.    That Council increases permanent lease within the Bega Valley Regional Learning Centre and         tests the open market by running an Expression of Interest process inviting submissions for         permanent leases of vacant suites and the co-workspace

4.    That Council retains both the Mumbulla and Bittangabee rooms as bookable meeting rooms

5.    That Council approves the extension of tenure for up to five (5) years to existing commercial         tenants in the Bega Valley Regional Learning Centre for commercial rental as outlined in the         attached Confidential Operating Report.

6.    That Council approves tenure for up to five (5) years to PCYC for their proposed occupation of    suite 9 for the commercial rental of $21,985.56, declining to grant a rental rebate.

7.    That Council authorise the Chief Executive Officer and Mayor to execute all necessary lease         documentation.

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

Against:                  Nil

Absent:                    Cr Nadin

 

 

9.7

Proposed divestment - Lot 66 DP 1171407 Ravenswood Street, Bega

108/22

RESOLVED on the motion of Crs Allen and Seckold

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

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

Against:                  Cr Porter

Absent:                    Cr Nadin

 

109/22

RESOLVED on the motion of Crs Allen and Seckold

2.    That Council approve the divestment of Lot 66 DP 1171407 Ravenswood Street, Bega to the offeree Damian and Peta Hoyland, 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 Chief Executive Officer and Mayor. 

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

6.    That Council delegate authority to the Chief Executive Officer and Mayor to negotiate a sale of Lot 66 DP 1171407 Ravenswood Street, Bega, for a minimum value as determined by Council should the sale to the offeree not progress.

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

Against:                  Cr Porter

Absent:                    Cr Nadin

 

 

10.        Staff Reports – Business and Governance

 

10.1

Review of Council Policies - Batch 3

110/22

RESOLVED on the motion of Crs Seckold and O'Neil

1.    That Council place the following draft policies on public exhibition:

·    Policy 1.01 Community Wellbeing

·    Policy 1.02 Inclusive Communities

·    Policy 1.03 Arts and Culture

·    Policy 1.04 Volunteering

·    Policy 1.05 Film and Video

·    Policy 1.06 Cultural Diversity

·    Policy 2.01 Community Learning, Library and Education Policy

·    Policy 3.03 Soil and Water Management

·    Policy 3.06 Pesticide Use

·    Policy 4.02 On-site Sewage Management

·    Policy 4.03 Public Regulation

·    Policy 4.11 Planning Agreement

·    Policy 4.13 Heritage Works of a Minor Nature

·    Policy 6.10 Communications

2.    That the Policies listed above be exhibited for a minimum period of 28 days and that submissions be received for 42 days.

3.    That Policy 4.03 Public Regulation be REVOKED and that any procedures sitting under that Policy be moved to the revised Policy 4.05 Enforcement and Compliance (currently on exhibition).

4.    That following public exhibition, a further report be presented to Council including submissions received and the final policies for adoption.

5.    That the adopted policies to be published on Council’s website.

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

Against:                  Nil

Absent:                    Cr Nadin

 

 

10.2

NSW Regional Housing Fund Program Project Nomination

111/22

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.    That Council receive and note the report regarding the application of the Boundary Road Flood Mitigation and Road Improvement Works as the project nominated to the NSW Regional Housing Fund for the full allocation of the $1.4m grant funding.

2.    That Council support advocacy to the Department of Planning and Environment and the Minister for Local Government to ensure that future funding released under the NSW Regional Housing Fund program include allocation for planning and the provision of housing. 

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

Against:                  Cr Griff

Absent:                    Cr Nadin

 

 

 

10.3

Determination of the Local Government Remuneration Tribunal - 2023 Financial Year - Mayoral and Councillor Fees

 

A motion was moved by Crs Allen and Porter

1.    That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2022 to 30 June 2023 will be $21,100

2.    That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2022 to 30 June 2023 will be $46,040.

A motion was foreshadowed by Crs Fitzpatrick and Wright

That Council:

1.     Receive and note the Local Government Remuneration Tribunal determination to increase fees by 2% for financial year 2022/2023

2.     Does not increase the Councillor and Mayoral fees for the financial year 2022/2023

3.     Resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2022 to 30 June 2023 remain at $20,690

4.     Resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2022 to 30 June 2023 remain at $45,140.

The motion was put to the vote and it was LOST

In favour:             Crs Seckold and Allen

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

Absent:                    Cr Nadin

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

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

Against:                  Crs Seckold and Allen

Absent:                    Cr Nadin

 

112/22

RESOLVED on the motion of Crs Fitzpatrick and Wright

That Council:

1.     Receive and note the Local Government Remuneration Tribunal determination to increase fees by 2% for financial year 2022/2023

2.     Does not increase the Councillor and Mayoral fees for the financial year 2022/2023

3.     Resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2022 to 30 June 2023 remain at $20,690

4.     Resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2022 to 30 June 2023 remain at $45,140.

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

Against:                  Crs Seckold and Allen

Absent:                    Cr Nadin

 

 

10.4

Certificate of Investment May 2022

113/22

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council receive and note the report on Council’s investment position at 31 May 2022.

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

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

Against:                  Nil

Absent:                    Cr Nadin

 

11.        Councillor Reports

There were no Councillor reports.

12.        Rescission/Alteration Motions

There were no rescission/alteration motions.

13.        Notices of Motion

 

13.1

Bringing a Development Application to Council for decision

114/22

RESOLVED on the motion of Crs Griff and Seckold

That modification application 2016.515 Modification to original consent from 24 to 25 lots and approval of use of works as constructed Lot: 4 DP: 240604, East Street Bega NSW be presented to Council for determination.

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

Against:                  Crs Fitzpatrick and Allen

Absent:                    Cr Nadin

 

 

 

 

13.2

Establish a savings recommendation committee

115/22

RESOLVED on the motion of Crs Porter and O'Neil

That Councillors form a working group made up of interested Councillors and the Chief Executive Officer to hold Councillor led workshops on a regular basis to review services and identify potential cost savings that can assist in taking the pressure off Council finances. Outcomes of these workshops to be included in future community consultation and considered in a council report prior to lodging a potential special rate variation application.

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

Against:                  Cr Seckold   

Absent:                    Cr Nadin

 

 

14.        Questions with Notice

There were no questions with notice.

15.        Questions without Notice

 

15.1

Cr Nadin - Update on signage and timeframes for Alcohol Free Zones (AFZ)

 

A response to Cr Nadin’s Question without Notice from 4 May 2022 Ordinary Council Meeting was provided in the Ordinary Council Meeting Agenda of 15 June 2022.

 

 

 

15.2

Cr O'Neil - Electric vehicle fast charging stations

 

A response to Cr O’Neil’s Question without Notice from 4 May 2022 Ordinary Council Meeting was provided in the Ordinary Council Meeting Agenda of 15 June 2022.

 

 

15.3

Cr Fitzpatrick - Brief report on number of outstanding Development Applications

 

Cr Fitzpatrick asked for a brief report on the number of outstanding Development Applications and what plans there are in place to address the backlog.

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

 

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 declassifications of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 03:59 pm.

Confirmed Russell Fitzpatrick
             
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 15 June 2022.