PresentCr 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 - Apology
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In AttendanceChief 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 |
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.
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 from the Mayor regarding the passing of Aunty Colleen Dixon
We pay our deepest respects to the passing of Aunty Colleen Dixon, who had a long history of involvement with Council.
Aunty Colleen was a senior Djiringanj and Ngarigo Elder who made a tremendous and positive contribution to her community.
She was passionate about her Aboriginal history and generous in sharing the knowledge of her culture, particularly her art.
Aunty Colleen was a great supporter of Bega Valley Shire Council events, presenting the Welcome to Country at many of our major events.
At these events, she spoke passionately about the topic of the day, giving her perspective on such things as the value and need for education, the importance of family and culture, and the history of our local area.
Her passing is a great loss to our community and we pay our respects to her family at this difficult time.
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 |
116/22 |
RESOLVED on the motion of Crs Allen and Nadin That the apology from Cr Karen Wright for 29 June 2022 Council meeting be noted. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright |
2. |
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117/22 |
RESOLVED on the motion of Crs O'Neil and Nadin That the Minutes of the Ordinary Meeting held on 15 June 2022 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright |
Non Pecuniary Interest
Cr Helen O’Neil declared a non-pecuniary interest regarding Item 9.4 Twyford Hall loan repayment. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and take part in debate and voting.
The following deputations were heard:
Item 10.1 Adoption of the Integrated Planning and Reporting documents
· Ms Ian Baker – On behalf of Rocky Hall Community Association – FOR (5.5 and 5.6)
· Ms Lisa Borthwick – On behalf of Bega Valley Kennel and Obedience Club – FOR (5.12)
· Mr Gordon Matthews – On behalf of Lions Club of Pambula Merimbula Inc – FOR (5.18)
· Mr Jon Webb - On behalf of Lions Club of Pambula Merimbula Inc – FOR (5.7)
· Mr Eric Myers – On behalf of Old Bega Hospital Reserve Land Manager – AGAINST (5.11)
5. Petitions
There were no petitions.
6. Mayoral Minutes
There were no mayoral minutes.
There was no urgent business.
8. Staff Reports – Community, Environment and Planning
There were no Community, Environment and Planning reports.
9. Staff Reports – Assets and Operations
9.1 |
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118/22 |
RESOLVED on the motion of Crs Fitzpatrick and Allen 1. That Council note the submissions received and the summary of submissions with Council officer responses included at attachment 1 2. That Council adopt the Water & Sewer Strategy 2022-2025 including the preferred scenario included at attachment 2 3. That Council officers advise those that made submissions during public exhibition period of Council’s decision In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright |
9.2 |
Adoption of Policy 4.07 - Water and Sewerage Services and associated procedures |
119/22 |
RESOLVED on the motion of Crs Nadin and Porter 1. Councillors note the submissions received and the summary of submissions with staff responses included in attachment 1. 2. Council adopt Policy 4.07 Water & Sewerage Services and procedures 4.07.1, 4.07.2, and 4.07.4, attached to this report. 3. Staff review all credit volume entitlements and adjust current 2021/2022 entitlements by assessing current use through the historic use method for the 10 years between 2009/2010 and 2018/2019. 4. Staff assign credit volume entitlements to all non-residential customers who have not yet been assigned entitlements. These shall apply from the 2022/2023 financial year and beyond. 5. As detailed in the attached procedure 4.07.2 and Council’s Revenue Policy any water used, and sewage discharged over credit volumes will attract high usage charges. 6. Credit volume entitlements will not be increased based on predicted potential future load which has not been paid for through contributions. Only current use or credits paid for through headworks contributions are to be considered for conversion to credit volumes. 7. Staff adjust the levied high usage charge for the 2020/2021 financial year for any customers who have requested a review, and where a review would result in a greater than 20% adjustment in credit volume payment. 8. Staff inform all non-residential customers of the changes. 9. Effective immediately quotes for headworks contributions will no longer be offset by unconnected charges paid in previous years. Existing quoted offsets will be honoured until 30 September 2022. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright |
9.3 |
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120/22 |
RESOLVED on the motion of Crs O'Neil and Seckold 1. That Council accepts the recommendations outlined in the confidential attachment In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright
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121/22 |
RESOLVED on the motion of Crs Seckold and Allen 2. That Council accept the tender from John Michelin and Son Pty Ltd in relation to contract for the works described in tender 2122-060, in the amount of $281, 622.40 (excluding GST), subject to variations and provisional sums. 4. That all tenderers be advised of Council’s decision. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright |
9.4 |
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Cr Helen O’Neil declared a non-pecuniary interest regarding Item 9.4 Twyford Hall loan repayment. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and take part in debate and voting. |
122/22 |
RESOLVED on the motion of Crs Fitzpatrick and Seckold 1. That Council receive and note the report and attachments. 2. That Council advise Twyford Hall Incorporated it is willing to grant a twelve month extension to commencement of the loan repayment on the condition that the NSW Government confirm in writing it will fund the remainder of works and Council will not be further financially disadvantaged. 3. That the Chief Executive Officer and Mayor be delegated authority to finalise and execute the amendment to the Deed of Agreement. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright |
10. Staff Reports – Business and Governance
10.1 |
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The Mayor advised the below recommendations will be dealt with separately. The Mayor advised that 5.5, 5.6, 5.11 and 5.14 will be dealt with separately. |
123/22 |
RESOLVED on the motion of Crs Nadin and Seckold 1. That Council receive and note the submissions and Council Officer responses included at Attachment 1. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright
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124/22 |
RESOLVED on the motion of Crs O'Neil and Fitzpatrick 2. That Council adopt the Bega Valley Shire Council Community Strategic Plan 2042 and accompanying performance measures, the Delivery Program 2022-25 and Operational Plan 2022-23 including the budget included as attachments to this report with the following amendments: A new operational plan action as follows: Develop and adopt an advocacy plan to address the financial impacts on Council from decisions of other levels of government including inadequate distribution of tax revenue and cost shifting. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright
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125/22 |
RESOLVED on the motion of Crs Nadin and Allen 3. That Council adopt the Resourcing Strategy 2022-25, including the Long Term Financial Plan with the recommended ‘Scenario 2- Maintain’ model noting that an updated Long Term Financial Plan will be prepared in the new financial year for consideration. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright
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126/22 |
RESOLVED on the motion of Crs Nadin and O'Neil 4. That Council officers advise those that made submissions during public exhibition of Council’s decision. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright
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127/22 |
RESOLVED on the motion of Crs Nadin and Allen That item 5 be dealt with today In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright
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128/22 |
RESOLVED on the motion of Crs Nadin and Seckold 5. That the Community project Proposals be determined as follows: (5.1) That the proposal for naming of the Barclay Street pavilion 'Mick Kirkby Memorial Pavilion' be deferred until a place naming procedure is developed and implemented. (5.2) That the proposal for a half-court basketball at Joe Caddy Park Taylor's Reserve Tathra be given in principle support to enable the applicant to undertake further project development including required approvals and submit external funding applications. (5.3) That the proposal for Pambula River walk extension from Panboola wetlands to join walking track to Pambula River mouth be given in principle support to enable the applicant to undertake further required project development including required approvals, attain support from other key stakeholders (NPWS) and submit external funding applications. (5.4) That the proposal for Spooner Park Micro Forest rehabilitation at Bermagui is not supported by Council, as it is unplanned asset development without identified external contributions to the project. (5.7) That the proposal for a multi-generational inclusive recreation area at Tura Beach be given in principle support from Council to enable the applicant to undertake further project development including required approvals and submit external funding applications. (5.8) That the proposal to install a flagpole at Myrtle Cove Wonboyn be given in principle support to enable the applicant to undertake further project development including required approvals and submit external funding applications. (5.9) That the proposal for construction of a petanque field at Ford Park Merimbula is not supported by Council as the location conflicts with another project proposed in the area related to the current traffic study. (5.10) That the proposal for Stafford/McGovern Historic brickwork's site rehabilitation at Curalo Lake walkway be supported by Council to enable the applicant to undertake further project development including required approvals, external funding applications and consultation with Eden Local Aboriginal Land Council on the proposed development. (5.12) That the proposal for Bega Valley Kennel and Obedience Club home ground at Lions Park Bega be given in principle support, dependent on external funding. (5.13) That the proposal for female change rooms at George Brown Memorial Oval Eden be given in principle support to enable the applicant to undertake further project development including required approvals and submit external funding applications. (5.15) That the proposal for Curalo Care & Comfort - rubbish bins, seating, dispensers and signage at Lake Curalo Board Walk be given in principle support to enable the applicant to undertake further project development including required approvals and submit external funding applications. (5.16) That the proposal for steps for improved access to Eden Memorial swimming pool be supported by Council subject to compatibly with other site infrastructure and confirmation of operational staffing requirements to install and remove the steps. (5.17) That the proposal for interpretive signage at Eden Lake Curalo Boardwalk be given in principle support to enable the applicant to undertake further project development including required approvals, submission of external funding applications and sign type, design and information must be approved by council staff. (5.18) That the proposal for solar panel installation and battery at Towamba Hall be given in principle support to enable the applicant to undertake further project development including required approvals; and dependent on external funding. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright
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129/22 |
RESOLVED on the motion of Crs Fitzpatrick and Allen (5.5) That the proposal for addition of two showers at Rocky Hall Community Hall is supported by Council on the condition that Council is not required to fund any maintenance, operations or renewal costs. (5.6) That the proposal for the community BBQ facility at Rocky Hall Community Hall is supported by Council on the condition that Council is not required to fund any maintenance, operations or renewal costs. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright
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130/22 |
RESOLVED on the motion of Crs Nadin and Porter (5.11) That the proposal for vehicle and pedestrian access at frontage to Old Bega Hospital be given in principle support to enable the applicant to undertake further project development, in line with their existing development assessment conditions of consent and to source external funding. In favour: Crs Fitzpatrick, Nadin, Griff, Allen, Porter, O'Neil and Robin Against: Cr Seckold Absent: Cr Wright
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131/22 |
RESOLVED on the motion of Crs Fitzpatrick and Nadin (5.14) That the proposal for Cobargo Skate Park ambulant toilet is not supported by Council as it is an additional unplanned facility that will result in long term high operational and maintenance costs. In favour: Crs Fitzpatrick, Nadin, Griff, Porter and Robin Against: Crs Seckold, Allen and O'Neil Absent: Cr Wright
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10.2 |
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132/22 |
RESOLVED on the motion of Crs Nadin and Allen 1. That the Revenue Policy (Attachment 1) be adopted as part of the Operational Plan 2022-23. 2. That the following rates and charges be applied in accordance with Sections 534 and 535 of the Local Government Act 1993, 3. General Rates: • to make a Base rate of $536.00 on each rateable parcel of land and an ad-valorem rate of 0.003252 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 (the LG Act) and; • to make a Base rate of $536.00 on each rateable parcel of land and an ad-valorem rate of 0.003252 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 515 of the LG Act and; • to make a Base rate of $536.00 on each rateable parcel of land and an ad-valorem rate of 0.006829 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 518 of the LG Act and; • to make a Base rate of $536.00 on each rateable parcel of land and an ad-valorem rate of 0.006829 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 517 of the LG Act and; 4. Stormwater Charge: • to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and; • to make a make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and; • to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and; • to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and; • to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and; • to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act. 5. Waste and Recycling Collection Charge: • in accordance with Section 496 and 501 of the Local Government Act 1993, that Council make waste management charges for 2021-2022:
6.Water supply services charges: · to make a water access base charge for all properties with a 20mm water connection of $260 and a water usage charge of $3.28 per kilolitre in accordance with Sections 501 and 502 of the LG Act · to make a water access base charge for all Strata properties with a 20mm water connection of $260 in accordance with Sections 501 and 502 of the LG Act · to make a water access charge for all properties with larger water connections based on increments of the base charge as per Council’s adopted operational plan · to make a water access charge of $260 for all properties that are unconnected to a water supply system and able to connect · to make an allocation of water free of charge as per Council’s water and sewer billing, metering, and reductions procedure for all registered patients using home dialysis machines or other certified medical treatments, subject to a medical certificate from the Southern NSW Local Health District · To make properties with an approved dedicated fire service have no water access charges applied. If metered water usage occurs outside of emergency use, this exemption will be forfeited. 7. Sewerage Services Charges For all residential properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act, including each residential strata lot and each residential dwelling on a multi-dwelling lot: · to make a uniform residential sewerage charge of $1,318 for all properties connected to a sewerage system · to make a uniform residential sewerage charge of $659 for all properties that are unconnected to a sewerage system and able to connect. For all non-residential properties categorised as business or mining in accordance with Sections 517 and 518, including strata and non-strata developments: · to make a uniform non-residential sewerage access base charge of $1,318 for all properties with a 20mm water connection that are connected to a sewerage system · to make a uniform non-residential sewerage access base charge of $659 for all properties that are unconnected to a sewerage system and able to connect · to make a non-residential sewerage assess charge for all properties with larger water connections based on increments of the base charge · to make non-residential sewerage bills based on multiplying a sewer discharge factor by both the non-residential sewerage access charge and by water usage multiplied by a water usage charge of $4.76 per kilolitre · to make sewer discharge factors based on guidance material provided by the NSW Government · to make changes to Sewer Discharge Factors in individual circumstances based on an assessment of water usage and discharge locations. 8. Liquid Trade Waste Charges · to make Liquid Trade Waste (LTW) charges pursuant to Section 501 of the LG Act · to make bills for Category 1 dischargers requiring nil or minimum pre-treatment as an annual fee · to make bills for Category 2 dischargers with prescribed pre-treatment as an annual fee plus the volume of LTW discharged multiplied by $1.96 a kilolitre · to make bills for Category 2S dischargers that transport and discharge human waste, or discharge from ship-to-shore pump-out facilities or dump-points, as an annual fee plus the volume of LTW discharged multiplied by $17.73 a kilolitre · to make bills for Category 3 large and industrial dischargers an annual fee plus excess mass charges · to make estimations of the volume of LTW discharged by multiplying water usage by LTW discharge factors based on guidance material provided by the NSW Government. 9. High Usage Charge: · to make a process for non-residential developers to reduce their upfront costs related to Section 64 developer contributions through paying high usage charges for water used over Equivalent Tenement (ET) credit volumes established for the development · to make a process for non-residential developers to reduce their upfront costs related to Section 64 developer contributions through paying high usage charges for sewage discharged over credit volumes thresholds measured in kilolitres established for each customer · to make 1 ET for water 205 kL/y and 1 ET for sewer 190 kL/y of metered water use, based on the average annual household water usage and average annual household contribution to a sewerage system · to make the High Usage Charge for water $2.29/kL and $3.45 for sewer · to make bills for non-residential customers by adding the high usage charge to the base charge and applying the higher charge rates to volumes used/discharged over established credit volumes within the charging formulas for non-residential water and sewer usage. 10. On-site sewer management • Council will charge a single annual amount for all existing On-Site Sewer Management. · Low risk (10 year cycle) $39.00 · High risk (3 year cycle) $69.00 · Critical risk (1 year cycle) $156.00 Council no longer charges for existing On-Site Sewer Management inspections. 11. Pension Claim: In accordance with Section 575 of the LG Act, Council acknowledges it must apply the following Pension concessions to eligible properties, being owned and used as principal places of residence by eligible pension holders. · General Rates and Domestic Waste Services: $250.00 · Water Supply Fund: $87.50 · Sewerage Supply Fund: $87.50 12. Interest on Overdue Rates and Charges: Council hereby resolves that in accordance with the provisions of Section 566(3) of the LG Act the interest rate to apply to all outstanding rates and charges for the period 1 July 2022 to 30 June 2023 be calculated at 6% per annum. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright
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10.3 |
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133/22 |
RESOLVED on the motion of Crs Nadin and Allen That Council: 1. Page 38 of the Draft Fees and Charges 2023-23 amend: Create a new heading called Swimming Pools with subtext 'A swimming pool is defined under Section 4 of the Swimming Pools Act 1992' and under this heading include the following existing fees with amendments:
Add in new fees as per the Swimming Pools Act 1992. · Swimming Pools Act Subsequent Inspections (Section 22F) $100 · Swimming Pools Act First Inspection since Certificate of Compliance ceased to be valid (Section 22F) $150 2. Makes each fee and charge for 2022-23 in accordance with the exhibited draft fees and charges subject to the changes outlined in attachment 1 to this report and the changes in part 1 of this resolution. 3. Adopt attachment 2 as the fees and charges for 2022-23 commencing 1 July 2022 and the changes in part 1 of this resolution. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Robin Against: Nil Absent: Cr Wright
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11. Councillor Reports
There were no Councillor reports.
12. Rescission/Alteration Motions
There were no rescission/alteration motions.
13. Notices of Motion
There were no notices of motion.
14. Questions with Notice
There were no questions with notice.
15. Questions without Notice
There were no questions without notice.
There was no confidential business.
There were no noting of resolutions from closed session.
There were no declassification of reports considered previously in closed session,.
There being no further business, the Chairperson closed the meeting at 04:21pm.
Confirmed
Russell
Fitzpatrick
(digitally
signed)
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 29 June 2022.