Ordinary Meeting Minutes

Held on Wednesday 19 April 2023

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 - Apology

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

Acting Director, Assets and Operations, Mr Daniel Djikic

Director, Community, Environment and Planning, Mrs Emily Harrison

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Events, 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

38/23

RESOLVED on the motion of Crs Seckold and O'Neil

That the apology of Cr Tony Allen and Director, Assets and Operations, Mr Ian Macfarlane be noted.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

 

2.

Confirmation of Minutes

39/23

RESOLVED on the motion of Crs Seckold and Robin

That the Minutes of the Ordinary Meeting and Closed Session held on 22 March 2023 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

3.          Declarations

Pecuniary Interest

There were no Pecuniary Interest declarations.

Non Pecuniary Interest

There were no Non Pecuniary Interest declarations.

 

4.          Public Forum

There was no public forum.

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

Alcohol Free Zones and Alcohol Prohibited Areas

40/23

RESOLVED on the motion of Crs Nadin and Seckold

 That Council:

1.    Resolves to cancel all current alcohol free zones (AFZs), with the exception of the newly established AFZ on the corner of Gipps and Bega streets in Bega, and the Biamanga Aboriginal Cultural Area alcohol free zone and establish new alcohol free zones in the same locations for a period of 4 years.

2.    Resolves to re-establish expired alcohol free zones on the same schedule as current/new alcohol free zones.

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

4.    Notes that further consultation will be undertaken with the Biamanga National Park Board of Management regarding the alcohol free zone in the Biamanga Aboriginal Cultural Area.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

9.          Staff Reports – Assets and Operations

 

9.1

Exhibition of Draft Merimbula Transport Study

41/23

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council resolve to publicly exhibit the draft Merimbula Transport Study (attachments 1 and 2) for not less than 42 days.

2.    Council officers prepare a further report to Council following conclusion of the exhibition period noting Councillors will conduct a workshop on the transport strategy during the public exhibition period.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

9.2

Options for Waste Roadside Collection Expansion Project and Cobargo Transfer Station

42/23

RESOLVED on the motion of Crs O'Neil and Nadin

1.    Note the outcome of the community meeting undertaken 15 March 2023.

2.    Undertake a trial of a semi-automated waste deposit system for municipal household waste (including co-mingled recycling) at the Cobargo waste transfer station site for up to 2 years. (Option 3)

3.    Report back to Council at the conclusion of the trial to inform options for the consolidation of Council’s waste sites in accordance with the adopted Waste Strategy.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

9.3

Request for Tender (RFT) Merimbula Sewage Treatment Plant (STP) Aeration Tank Upgrade

43/23

RESOLVED on the motion of Crs Nadin and Seckold

1.    That Council accepts the recommendations outlined in the confidential attachment

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

Against:                  Nil

Absent:                    Cr Allen

44/23

RESOLVED on the motion of Crs Nadin and Seckold

2.    That Council accepts the tender from Sapphire Coast Engineering Pty Ltd in relation to contract for the works described in tender RFT 2223-045, in the amount of $314,318 (including GST), subject to variations, provisional sums 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 of Council’s decision.    

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

Against:                  Nil

Absent:                    Cr Allen

 

 

9.4

Bega Valley Local Traffic Committee

 

A motion was moved by Crs Porter and Nadin

1.    That Council receive and note this report and the Bega Valley Local Traffic Committee         minutes attached to this report. The minutes contain no recommendation for Council action,         however there were a number of actions assigned to Councillor Porter to follow up.

2.    That Council write to Transport for NSW seeking that no speed zone changes occur until such         time as evidence of need is provided to Council.

A motion was foreshadowed by Cr Nadin and Wright

That Council receive and note this report and the Bega Valley Local Traffic Committee minutes attached to this report. The minutes contain no recommendation for Council action, however there were a number of actions assigned to Councillor Porter to follow up.

The motion was put to the vote and it was LOST.

In favour:             Crs Nadin and Porter

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

Absent:                    Cr Allen

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

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

Against:                  Cr Porter

Absent:                    Cr Allen

 

45/23

RESOLVED on the motion of Crs Nadin and Wright

That Council receive and note this report and the Bega Valley Local Traffic Committee minutes attached to this report. The minutes contain no recommendation for Council action, however there were a number of actions assigned to Councillor Porter to follow up.

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

Against:                  Cr Porter

Absent:                    Cr Allen

 

 

10.        Staff Reports – Business and Governance

 

10.1

Brogo to Bermagui water trunk main easement

46/23

RESOLVED on the motion of Crs Nadin and Robin

1.    That Council enter into a formal Deed of Agreement with the landowners of Lot 16 DP 251607 at 24 Upper Brogo Road, Verona for the acquisition of an easement for a water trunk main pipeline for a value of $7,300 plus GST.

2.    If the acquisition of an easement over Lot 16 DP 251607 cannot be negotiated by agreement with the landowner within a reasonable time, Council acquire an easement by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) pursuant to sections 186 and 187 of the Local Government Act 1993 (NSW), and do all things supplemental or incidental to, or consequential for, that purpose.

3.    That all costs associated with the creation of the easement including the landowners and Council’s legal costs, survey work, plan preparation and registration fees be borne by Council.

4.    Council affixes the Seal of Council to any documents required to be sealed relating to the acquisition of an easement and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents.

5.    Authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the acquisition of easements not requiring the affixing of the Seal of Council.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

10.2

Civica Software Licence and Services Agreement Execution

47/23

RESOLVED on the motion of Crs O'Neil and Nadin

That Council endorse the execution of the revised Civica Contract (attachment 1), for a period of 3 years noting:

·    this satisfies the recommendations and risk mitigation actions recommended by Council’s Audit Risk and Improvement Committee (ARIC)

·    the revised contract does not commit Council to any additional expenditure than is already agreed under existing yearly agreements

·    the revised contract does not commit Council to upgrading its existing Enterprise Resource Platform with its current vendor (Civica).

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

Against:                  Nil

Absent:                    Cr Allen

 

 

10.3

Enterprise Resource Platform (ERP) Future

48/23

RESOLVED on the motion of Crs O'Neil and Nadin

1.    That Council note the need to update its Enterprise Resource Platform (ERP).

2.    That Council note the 3 options presented within this report for the update of its Enterprise Resource Platform (ERP)

3.    That Council note the benefits and risks associated with each of the 3 options presented within this report.

4.    That Council endorse the adoption of option 2 within this report.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

10.4

Extension of tenure - Discovery Holiday Parks Pambula Beach

49/23

RESOLVED on the motion of Crs Robin and Nadin

1.      That upon expiry of the existing Discovery Holiday Parks Pty Ltd lease, Council as Crown Land Manager of the Pambula Beach Reserve (R89211), approve a further short-term arrangement for 12 months with the potential for a further 12-month extension if the carpark works have not progressed.

2.      That authority be delegated to the Chief Executive Officer (CEO) to execute the short-term extension of tenure.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

10.5

Road Closure - Section of unconstructed road off Oliver Street, Bemboka

50/23

RESOLVED on the motion of Crs Porter and Robin

1.    That Council approves, in principle, the closure of the unconstructed Council public road corridor adjoining Lot 16 Section 13 DP 758087 in Bemboka.

2.    That Council commences 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, Nadin, Griff, Seckold, Porter, O'Neil, Robin and Wright

Against:                  Nil

Absent:                    Cr Allen

 

 

10.6

Road transfer Voluntary Planning Agreements

51/23

RESOLVED on the motion of Crs Nadin and Griff

1.    That council receive and note the report.

2.    That point 5 of resolution 144/22 be revoked and replaced to read ‘That the Chief Executive Officer (CEO) be delegated authority to negotiate, finalise and execute a Voluntary Planning Agreement in relation to the road transfer application for the sections of Stanley and Curalo Streets, Eden described in Development Application 2003.95’.

3.    That point 6 of resolution 144/22 be revoked and replaced to read ‘That Council delegate authority to the Chief Executive Officer (CEO) to negotiate, finalise and execute Voluntary Planning Agreements for any future crown road transfer matters where there is a need for the road to be constructed and maintained by the developer or landowner.

4.    That Council progresses the public advertisement for Voluntary Planning Agreements between Bega Valley Shire Council and developers/landowners for a period of 28 days in accordance with the Environmental Planning & Assessment Act 1979 (NSW).

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

Against:                  Nil

Absent:                    Cr Allen

 

 

10.7

Robyn's Nest Deed of Management and Licence

 

A motion was moved by Crs Nadin and Porter

1.    That Council approve an application to Crown Lands for a revocation of the existing Crown licence 363658 and transfer to the owner of Lot: 601 DP: 1277714.

2.    That Council request Crown Lands consent to expand the direct Crown licence extent to include the section of Top Lake – Merimbula Reserve (R1003688) which is managed by Bega Valley Shire Council as Crown Land Manager as the asset is built over parcel Lot 7033 DP 1047319 and the Crown waterway.

3.    That should Crown Lands refuse Council’s application for revocation and transfer of the Crown licence 363658 to the owner of Lot: 601 DP: 1277714, Council approves the assignment of the existing Deed of Management to the new owner of Lot: 601 DP: 1277714 until the Crown licence 363658 expires on 26 May 2025 pending further legal advice.

4.    That should Crown Lands refuse the application for revocation and transfer of the Crown licence 363658 to the owner of Lot: 601 DP: 1277714, Council seeks legal advice in relation to the retirement of the Deed of Management following expiry of the licence on 26 May 2025 which would include the need for the owner of Lot: 601 DP: 1277714 to remove the jetty structure and associated infrastructure from the land.

5.    That all costs associated with this matter be borne by the landowner.

6.    That Council authorise the Chief Executive Officer to execute all necessary documentation to effect the above course of action.

A motion was foreshadowed by Cr Griff

That should Crown Lands refuse Council’s application for revocation and transfer of the Crown licence 363658 to the owner of Lot: 601 DP: 1277714, Council approves the assignment of the existing Deed of Management to the new owner of Lot: 601 DP: 1277714 until the Crown licence 363658 expires on 26 May 2025 pending further legal advice.

The motion was out to the vote and it was CARRIED.

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

Against:                  Cr Griff

Absent:                    Cr Allen

 

52/23

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council approve an application to Crown Lands for a revocation of the existing Crown licence 363658 and transfer to the owner of Lot: 601 DP: 1277714.

2.    That Council request Crown Lands consent to expand the direct Crown licence extent to include the section of Top Lake – Merimbula Reserve (R1003688) which is managed by Bega Valley Shire Council as Crown Land Manager as the asset is built over parcel Lot 7033 DP 1047319 and the Crown waterway.

3.    That should Crown Lands refuse Council’s application for revocation and transfer of the Crown licence 363658 to the owner of Lot: 601 DP: 1277714, Council approves the assignment of the existing Deed of Management to the new owner of Lot: 601 DP: 1277714 until the Crown licence 363658 expires on 26 May 2025 pending further legal advice.

4.    That should Crown Lands refuse the application for revocation and transfer of the Crown licence 363658 to the owner of Lot: 601 DP: 1277714, Council seeks legal advice in relation to the retirement of the Deed of Management following expiry of the licence on 26 May 2025 which would include the need for the owner of Lot: 601 DP: 1277714 to remove the jetty structure and associated infrastructure from the land.

5.    That all costs associated with this matter be borne by the landowner.

6.    That Council authorise the Chief Executive Officer to execute all necessary documentation to effect the above course of action.

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

Against:                  Cr Griff

Absent:                    Cr Allen

 

 

A point of order was called by Cr O’Neil asking should all Councillors have their cameras on for the livestream during the meeting?

The Mayor ruled in favour of the point of order.

Chief Executive Officer, Anthony McMahon advised there are currently no rules around Councillors having their camera on during livestreaming in the Code of Meeting Practice and if Councillors want this amended it would need to be updated and adopted in the Code of Meeting Practice.

 

10.8

Audit, Risk and Improvement Committee Quarterly Report March 2023

53/23

RESOLVED on the motion of Crs O'Neil and Seckold

1.    That Council receive and note the Audit, Risk and Improvement Committee (ARIC) March 2023 quarterly report.

2.    That Council call for Expressions of Interest (EOI) from suitably qualified and experienced members of the community to be appointed as a volunteer, independent, external member of Bega Valley Shire Council’s Audit, Risk and Improvement Committee following the resignation of one of the members.

3.    That Council delegate responsibility to the Chief Executive Officer (CEO) to endorse the appointment of a new independent external member to the Audit, Risk and Improvement Committee following a competitive Expressions of Interest process.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

10.9

Tathra Beach Kiosk

 

A motion was moved by Crs Porter and Nadin

1.    That Council receive and note the report.

2.    That Council provide tenure to the second highest scoring applicant from EOI 2021-11.

3.    That Council note the Chief Executive Officer will execute any necessary documentation.

An amendment to the motion was proposed by Cr Wright

1.    That Council receive and note the report.

2.    That Council provide tenure to the second highest scoring applicant from EOI 2021-11.

3.    If the second highest bidder from 2021 declines the offer to lease the Tathra Beach Kiosk that         staff progress to an EOI.

4.    That Council note the Chief Executive Officer will execute any necessary documentation.

The amendment to the motion proposed by Cr wright was accepted by Crs Porter and Nadin

A motion was foreshadowed by Crs Griff and Seckold

1.    That Council receive and note the report.

2.    That a further public Expression of Interest process to re-lease the Tathra Beach Kiosk be         progressed and the results of the EOI process be presented back to Council for consideration.

3.    That Council note the Chief Executive Officer will execute any necessary documentation         regarding the termination of the lease to Bronwyn Pividori.

The amended motion was put to the vote and it was TIED.

In favour:             Crs Fitzpatrick, Nadin, Porter and O'Neil

Against:                  Crs Griff, Seckold, Robin and Wright

Absent:                    Cr Allen

 

The Mayor used his casting vote and the amended motion was LOST.

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

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

Against:                  Crs Nadin and Porter

Absent:                    Cr Allen

 

54/23

RESOLVED on the motion of Crs Griff and Seckold

1.    That Council receive and note the report.

2.    That a further public Expression of Interest process to re-lease the Tathra Beach Kiosk be progressed and the results of the EOI process be presented back to Council for consideration.

3.    That Council note the Chief Executive Officer will execute any necessary documentation regarding the termination of the lease to Bronwyn Pividori.

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

Against:                  Crs Nadin and Porter

Absent:                    Cr Allen

 

 

10.10

Social procurement initiatives

55/23

RESOLVED on the motion of Crs Nadin and O'Neil

1.    That Council receive and note the report and actions taken to support local Aboriginal         business.

2.    That Council continue to work with the NSW Office of Local Government and Local         Government Procurement on initiatives to support Indigenous procurement practices.

3.    That Council commits to continue working with Local Government Procurement on improving   the uptake of Local Government Procurement contracts by more local Indigenous business.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

10.11

Exhibition of the Integrated Planning and Reporting documents

56/23

RESOLVED on the motion of Crs Fitzpatrick and O'Neil

1.    That the draft Delivery Program 2022-25 and Operational Plan 2023-24 including Council’s Budget and Revenue Policy and the draft Fees and Charges 2023-24 be placed on public exhibition for 28 days.

2.    Following public exhibition, a further report be provided to Council for consideration of submissions and adoption of the Delivery Program 2022-25 and Operational Plan 2023-24 including Council’s Budget and Revenue Policy and the Fees and Charges 2023-24 at the Council meeting on 14 June 2023.

3.    The report to include the analysis of the planning priorities used aligning the operational programs for 2023-24 with the strategy plan objectives and themes for 2022-25.

4.    That it be noted Councillors will conduct a workshop during the exhibition period to try and identify further expenditure reductions.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

10.12

Certificate of Investment March 2023

57/23

RESOLVED on the motion of Crs Nadin and Griff

1.    That Council receive and note the report on Council’s investment position as of 31 March 2023.

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

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

Against:                  Nil

Absent:                    Cr Allen

 

 

10.13

Australian Local Government Association (ALGA) 2023 National General Assembly

58/23

RESOLVED on the motion of Crs O'Neil and Griff

That Council endorse the Mayor and two Councillors to attend the ALGA 2023 National General Assembly and note the Chief Executive Officer’s attendance at the National General Assembly.

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

Against:                  Nil

Absent:                    Cr Allen

 

11.        Councillor Reports

There were no Councillor reports.

12.        Rescission/Alteration Motions

There were no rescission/alteration motions.

13.        Notices of Motion

 

 

13.1

Review of parking enforcement

59/23

RESOLVED on the motion of Crs Porter and Nadin

1.    That staff provide Councillors with the following Bega Valley Shire data from July 1, 2022:

a)    The overall number of parking infringements issued and broken into category and location/town (e.g., Mobility Zone, Loading Zone, Exceed Time etc.)

b)    The number of fines where a review was requested.

c)    Breakdown of any withdrawn infringements or infringements overturned in court based on categories as referred to in part a above.

d)    Any identifiable trends resulting in infringements being withdrawn or overturned

e)    Any readily available information on the number of complaints received about parking enforcement

2.    That Council review Council’s policies and procedures relative to parking enforcement in a Councillor workshop to ensure all policies are best practice and consistent with relevant laws, Council’s objectives and expectations of the community including transparency and accountability.

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

Against:                  Nil

Absent:                    Cr Allen

 

 

14.        Questions with Notice

 

14.1

Cr Robin - Leave of Absence

60/23

RESOLVED on the motion of Crs Seckold and O'Neil

That a leave of absence for Cr Joy Robin for the meeting of Wednesday 24 May 2023 be accepted as she will be out of the Bega Valley Shire.

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

Against:                  Nil

Absent:                    Cr Allen

 

14.2

Cr Griff - Leave of Absence

61/23

RESOLVED on the motion of Crs Seckold and O'Neil

That a leave of absence for Cr Cathy Griff for the meeting of Wednesday 24 May 2023 be accepted as she will be out of the Bega Valley Shire.

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

Against:                  Nil

Absent:                    Cr Allen

 

15.        Questions without Notice

 

15.1

Cr Porter – Could staff please report what actions have been taken to comply with the relevant recommendations for local government in response to Tathra - Reedy Swamp bushfires?

 

A response to Cr Porter’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 19 April 2023.

 

15.2

Cr Fitzpatrick - What's the current progress on the Pambula Sporting Complex and when is the tender going out?

 

Cr Fitzpatrick said we asked the Pambula sporting clubs to do their draws and have them off the fields by June 2023, that has been done by the clubs but at this stage we haven’t gone out to tender. What’s the hold up and when is the tender going out? Can the sporting clubs keep playing there through until August?

Acting Director Assets and Operations, Daniel Djikic advised Council is ready to go to tender, however the recent voluntary administration of Lloyd Group has diverted Council resources in the short term on the back of some internal resourcing issues. We are working on getting the tender out as soon as we can.

 

15.3

Cr Fitzpatrick - What's the Joint Regional Planning Panel latest on the Bega sporting complex?

 

Cr Fitzpatrick asked what is the Joint Regional Planning Panel latest on the Bega sporting complex?

Director Community, Environment and Planning, Emily Harrison advised the Southern Regional Planning Panel will be doing a site visit at the end of May. There was a delay with Development Application until the land issue was resolved, which was resolved at the last Council meeting.

 

15.4

Cr O'Neil - The Lloyd Group was the contractor for Regional Gallery (SECCA), is there any guidance on when the facility might be available for artist exhibition?

 

Cr O’Neil said The Lloyd Group was the contractor for Bega Regional Gallery (SECCA), can we have an update and is there any guidance on when the facility might be available for artist exhibition?

Acting Director Assets and Operations, Daniel Djikic stated we were advised on 31 March 2023 that Lloyd Group went into administration. Deloitte have been appointed as administrators, we have been working with them to try and get an outcome. On 5 April we received advice of notice of exit of the site. We have now sought legal advice and will navigate our way through the next phases. This does place Council in a predicament as it is highly likely we will need to step into the project. We are currently working through the legal ramifications and the logistics around that. Staff hope to have a report to Council on a way forward shortly.

 

 

15.5

Cr Nadin - The traffic lights on Brown Mountain, do we know what the hold up with the works is?

 

Cr Nadin advised he has seen recent correspondence regarding traffic lights on Brown Mountain indicating works are being done, however someone told him the works are not being done. He asked the Mayor if he knew anything about this as he is starting to get enquiries from the community?

Cr Fitzpatrick advised he had information from TfNSW that the works will not be done until 2024. There are two sections to be done, one section has been done and the other section is on hold.

Chief Executive Officer added that we have had challenges getting contractors that need to do works including environmental and geo technical work, and from our experience, we have thought we were moving down a particular pathway and getting to a solution, and then we have a rain event which changes it; it’s a vicious cycle.

 

15.6

Cr Nadin - Is Mt Darragh Road being upgraded as an alternative route whilst works are being done on Brown Mountain?

 

Cr Nadin said recent works have been done on Mt Darragh Road, is this road being brought up to scratch as an alternative route while major works are being done on Brown Mountain?

Acting Director Assets and Operations, Daniel Djikic advised works on Mt Darragh road are being undertaken by Council under the National Disaster Relief and Recovery Arrangements and the contractors are repairing damage that occurred from slope de-stabilisation due to the impacts of the bushfire and de-vegetation of the slopes and the subsequent heavy rainfall.

Cr Fitzpatrick added there are weight limited bridges on Cathcart Road into Bombala in the Snowy Monaro Regional Council preventing this route being a viable for heavy vehicles.

 

15.7

Cr O'Neil - What is the status of the sub-division at 71 Fairhaven Way and the stop work order?

 

Cr O’Neil asked what is the status of the sub-division at 71 Fairhaven Way and the stop work order?

Director Community, Environment and Planning, Emily Harrison advised that we have issued a stop workorder due to noncompliance with the consent and we are awaiting advice from Heritage NSW on when we can lift the order.

Despite the stop work order we can still enforce environmental and public safety controls, and are working with the owner and developer to do so. 

 

15.8

Cr Robin - Can I have an update on Barclay Street development in Eden - skatepark?

 

Cr Robin asked for an update on the Barclay Street development in Eden including the skatepark as there is still nothing done except for the pavilion.

Acting Director Assets and Operations, Daniel Djikic advised the skatepark contractor that was initially engaged through tender was put on hold because of AHIP resolution. This has now been resolved, however the contractor has a program of works and we are working to get an update. A  further report with an update will be provided to Council.

 

15.9

Cr O'Neil - Can I have an update on working with community groups on the volunteer strategy?

 

Cr O’Neil asked can I have an update on working with community groups on the volunteer strategy and what we can do to get some more volunteers and organisations involved including getting resources and training to assist them?

Director Community, Environment and Planning, Emily Harrison took the question on notice.

 

15.10

Cr Griff -  Lighting in Tathra Country Club on the sports field? Was a Development Application required for installing the lighting?

 

Cr Griff asked in relation to the lighting in Tathra Country Club on the sports field, was a Development Application required for installing the lighting?

Director Community, Environment and Planning, Emily Harrison took the question on notice.

 

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

There was no declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 4:37 pm.

Confirmed Russell Fitzpatrick
                               
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 19 April 2023.