Ordinary  Meeting Minutes

Held on Wednesday 10 April 2019

At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega Commencing at 2.00 pm

 


 Present

Cr Kristy McBain, Mayor

Cr Mitchell Nadin, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Sharon Tapscott

Cr Liz Seckold

 In Attendance

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mr Graham Stubbs

Executive Manager People and Governance, Ms Nina Churchward

Manager Communications and Events, Ms Cassandra Margules

Minute Secretary, Mrs Rebecca Jones

 

 

Statement of Commencement of Live Streaming

The Mayor made an announcement about live streaming requirements noting that:

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, visitors consent to their attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain privacy; however visitors present in the public gallery may be recorded.

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.


 

1.

Apologies

41/19

RESOLVED on the motion of Crs Dodds and Seckold

That Cr Cathy Griff be granted a leave of absence for the next meeting on 8 May 2019.

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

 

2.

Confirmation of Minutes

42/19

RESOLVED on the motion of Crs Bain and Seckold

That the Minutes of the Ordinary Meeting held on 13 March 2019 as circulated, be taken as read and confirmed.

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

3.         Declarations

Non Pecuniary Interest

Cr Tapscott declared a significant, non-pecuniary interest regarding Item 11.1 EOI Managers Residence Tura Beach, on the basis that her husband receives services from one of the applicants.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.

Cr Tapscott noted she will depart the meeting room, taking no part in debate or voting on this item.

 

Cr Tapscott declared a significant, non-pecuniary interest regarding Item 12.1 Bermagui Storage Depot, on the basis that she is a friend of one of the tenderers and their family.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.

Cr Tapscott noted she will depart the meeting room, taking no part in debate or voting on this item.

 

 

 

 

 

 

 

 

 

 

4.       Deputations (by prior arrangement)

 

4.1

Deputations received prior to publication of the business paper

 

The  following requests were included in the Agenda:

 

Item 9.2 Clay Target Shooting Range - Lot 101 DP 1172182, Murray River Road, via Bermagui - Proposed 12 additional shoot days per year

•  Mr and Mrs Gegg

•  Ms Lisa Stone representing Friends of Five Forests                           (Authority Supplied)

•  Ms Michelle Craig representing Bermagui Sporting Clays                (Authority Supplied)

 

The following requests to address Council were received after finalisation of the Agenda:

Item 9.2 Clay Target Shooting Range - Lot 101 DP 1172182, Murray River Road, via Bermagui - Proposed 12 additional shoot days per year

• Mr David Francis representing Four Winds Concerts Inc                  (Authority Supplied)

• Mr Rob Shaw

• Mr Andrew Fairfield-Smith

• Mr Neville Brady (applicant)

• Ms Karen Stephens

• Mr Glenn Butson representing Mimosa Wines                                   (Authority Supplied)

• Mr Rob Tachchi

• Mr Patrick Thompson                   

• Ms Kim Rutter                                

 

Item 11.1 EOI 78/18 For use of the former manager’s residence at Tura Beach

•   Ms Fleur Dwyer representing U3A

 

Item 19.1 Notice of Motion - Cr Cathy Griff – Aquisitive sculpture prize

•  Mr Paul Payten representing Sculpture Bermagui                              (Authority Supplied)

 

Item No 21.1 Code of Conduct matter 06/18 and Item No 21.2 Code of Conduct matter 04/18

•   Mr David Jesson

 

RESOLVED unanimously on the motion of Crs Allen and Dodds

That the deputations be heard.

 

Mayor McBain asked all speakers to consider, if the previous speaker has mentioned items which speakers were considering raising, that such items are not repeated.

Mayor McBain stated that due to the large number of deputations, the time limit for each deputation will be 5 minutes, with no possibility for extension.

Mr and Mrs Gegg were not present in the Chamber and did not address the Council.

Mr Fairfield-Smith was not present in the Chamber and did not address the Council.

Mr Payten was not present in the Chamber and did not address the Council.

 

Ms Stone addressed the Council.

The Mayor thanked Ms Stone for her address.

 

Ms Craig addressed the Council.

The Mayor thanked Ms Craig for her address.

 

Mr Francis addressed the Council.

The Mayor thanked Ms Francis for his address.

 

Mr Shaw addressed the Council and responded to questions from Councillors.

The Mayor thanked Mr Shaw for his address.

 

Ms Stephens addressed the Council.

The Mayor thanked Ms Stephens for his address.

 

Mr Thompson addressed the Council and responded to questions from Councillors.

The Mayor thanked Mr Thompson for his address.

 

Mr Butson addressed the Council.

The Mayor thanked Mr Butson for his address.

 

Mr Tachechi addressed the Council and responded to questions from Councillors.

The Mayor thanked Mr Tachechi for his address.

 

Ms Rutter addressed the Council.

The Mayor thanked Ms Rutter for her address.

 

Mr Pearse addressed the Council.

The Mayor thanked Mr Pearse for his address.

 

Mr Brady addressed the Council.

The Mayor thanked Mr Brady for his address.

 

Cr Tapscott declared a significant non-pecuniary interest regarding Item 11.1 EOI Managers Residence Tura Beach, on the basis that her husband receives services from one of the applicants.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.

Cr Tapscott departed the meeting room for the deputation.

03:16 pm       Cr Tapscott left the meeting.

 

Ms Dwyer addressed the Council.

The Mayor thanked Ms Dwyer for her address.

03:20 pm       Cr Tapscott returned to the meeting.

 

Mr Jesson addressed the Council and responded to questions from Councillors.

The Mayor thanked Mr Jesson for his address.

 

43/19

RESOLVED on the motion of Crs Allen and Dodds  that the deputations be heard.

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

 

5.       Petitions

The Mayor tabled a Petition, on behalf of Mr Noel Gorman, containing 1528 signatories, in favour of the reconstruction of the ring road around the headland and Tathra Wharf to ease traffic congestion at the Wharf.

6.       Mayoral Minutes

There were no Mayoral Minutes.

7.         Urgent Business

There was no urgent business.

8.

Adjournment into Standing Committees

 

There were no reports to Standing Committees.

9.         Staff Reports – Planning and Environment

9.1

Planning Proposal for B4 Mixed Use Zone at Tathra Headland

44/19

RESOLVED on the motion of Crs Allen and Tapscott

1.        That Council resolve to support, in principle, the recommended zoning amendment from B2 Local Centre to B4 Mixed Use as detailed in Attachment 3 of the report.

2.        That Council officers be authorised to submit this planning proposal (Attachment 4 of the report) to the NSW Department of Planning for Gateway Determination.

3.        That, following Gateway Determination, the Planning Proposal be placed on public exhibition.

4.        That Council officers, following the exhibition period, prepare a further report to Council.

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

9.2

Clay Target Shooting Range - Lot 101 DP 1172182, Murrah River Road, via Bermagui - Proposed 12 additional shoot days per year

 

A motion was moved by Crs Griff and Seckold.

 

That Council defer the matter for a site inspection and visit to adjoining properties on a day when the Bermagui Field and Game Inc is in operation.

 

It was put to the vote and it was CARRIED.

 

A motion was foreshadowed by Cr Bain.

That the matter be dealt with today.

 

45/19

RESOLVED on the motion of Crs Griff and Seckold

That Council defer the matter for a site inspection and visit to adjoining properties on a day when the Bermagui Field and Game Inc is in operation.

In favour:              Crs Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Crs Fitzpatrick, Bain and Allen

 

 


9.3

Finalisation of draft Planning Proposal for Environmental Zones (minor amendments) for four properties previously reported

 

03:32 pm       Cr Nadin left the meeting.

 

46/19

RESOLVED on the motion of Crs Bain and Dodds

1.    That Council finalise amendments to Bega Valley Local Environmental Plan 2013         (Amendment 32) subject to the revisions detailed in this report and in accordance with the         delegations issued by the Minister for Planning and Environment under Section 3.36 of the         Environmental Planning and Assessment Act 1979.  

2.    That Council officers inform those who made a submission during the exhibition of the         planning proposal. 

In favour:              Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Nadin

 

 


9.4

Amendment to Bega Valley Development Control Plan 2013 to include design considerations for Lots 33 and 34 DP 243029 Tura Beach

 

03:35 pm       Cr Griff left the meeting.

03:35 pm       Cr Nadin returned to the meeting.

03:37 pm       Cr Griff returned to the meeting.

 

47/19

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.        That Council resolve to place an amendment to the Bega Valley Shire Development Control Plan 2013 for the land, detailed in the report, at Tura Beach on public exhibition for a period of 28 days.

2.        That the owner of the subject land and adjoining landowners be notified of the          proposed amendment.

3.        That a further report be submitted to Council at the completion of the exhibition period.

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 


 

9.5

Australian Coastal Councils 2019 Communique

48/19

RESOLVED on the motion of Crs Griff and Seckold

That Council:

1.    Endorse the 2019 Australian Coastal Councils Communiqué  Attachment 1 to the report.

2.    Write to the Australian Minister for the Environment, the Hon Melissa Price MP and             the Minister for Energy, the Hon Angus Taylor MP, calling on them to implement the         policy initiatives identified in the Communiqué.

In favour:              Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Cr Fitzpatrick

 

10.       Staff Reports – Community, Culture and Leisure

There were no Community, Culture and Leisure reports.

11.       Staff Reports – Economic Development and Business Growth

 


11.1

EOI 78/18 For use of the former manager’s residence at Tura Beach

 

Cr Tapscott declared a significant, non-pecuniary interest regarding Item 11.1 EOI Managers Residence Tura Beach, on the basis that her husband receives services from one of the applicants.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.

Cr Tapscott departed the meeting room, taking no part in debate or voting on this item.

03:42 pm       Cr Tapscott left the meeting.

 

A motion was moved by Crs Fitzpatrick and Seckold.

 

That the item be moved to closed session for discussion under Section 10A(2)c of the Local Government Act, as discussion of the two Expressions of Interest (EOI) would disclose details of a confidential nature, which would prejudice the commercial position of the organisation who supplied it and potentially confer a commercial advantage to other tenderers.

 

IN FAVOUR:             Cr Fitzpatrick, Cr Bain, Cr Nadin, Cr McBain, Cr Seckold, Cr Dodds, Cr Allen

AGAINST:                  Cr Griff

ABSENT:                    Cr Tapscott

 

Mayor McBain called for deputations regarding the motion moved by Crs Fitzpatrick and Seckold.

 

Mr David Jesson addressed the Council .

Mayor McBain thanked Mr Jesson for his address.

 

Council was adjourned for 5 minutes to close the Council Meeting.

 

The recording and live streaming of the meeting was ceased:       3:55pm

The ordinary session was closed:                                                          3:55pm

The closed session meeting commenced:                                           4:00pm

The ordinary session was reconvened:                                                4:15pm

49/19

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.    That Council receive and note this report and Confidential Report attached.

2.    That Council note the Expression of Interest (EOI) process for the use of the former         manager’s residence at Tura Beach has now closed.

3.    That Council award the tender to Connections Plus Australia as detailed in their EOI         submission.

4.    That Council authorise the General Manager and Mayor to enter into negotiations with U3A,         as an important provider of community services, should the successful applicant decide not   to accept Council’s conditions in relation to lease responsibilities, and also in relationship to   potential alternative sites.

 

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

12.       Staff Reports – Infrastructure Waste and Water

04:18 pm    Cr Tapscott returned to the meeting.

 

12.1

Bermagui Depot Storage Upgrade

 

Cr Tapscott declared a significant, non-pecuniary interest regarding Item 12.1 Bermagui Storage Depot, on the basis that she is a friend of one of the tenderers and their family.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.

Cr Tapscott departed the meeting room, taking no part in debate or voting on this item.

04:18 pm       Cr Tapscott left the meeting.

 

RESOLVED unanimously on the motion of Crs Fitzpatrick and Dodds

That Council receive and note this report and Confidential Report attached.

 

It was put to the vote and it was CARRIED.

 

50/19

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.   That Council accept the recommendation in the Confidential Memorandum and tender       submitted by CBC Project Management Group P/L in the recommended Tender Amount of       $189,980 (including GST), be accepted for Contract No. 1001681 for Bermagui Depot Shed.

2.    That Council authorise the General Manager to execute all necessary documentation.

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

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen

Against:                  Nil

Absent:                    Cr Tapscott

 

 

04:20 pm       Cr Tapscott returned to the meeting.

 

12.2

Bega Valley Local Traffic Committee

51/19

RESOLVED on the motion of Crs Bain and Dodds

That Council adopt the following recommendations of the Local Traffic Committee:

0603.SE.012 - ANZAC Day March & Service 2019 – Wolumla

A submission has been received from Bega RSL Sub Branch for the 2019 ANZAC Day March and Service in Wolumla. The March will commence at approximately 10.30am at the Wolumla Town Hall and proceed along Bega Street to the War Memorial. The Service will be conducted at the War Memorial, concluding at 12.30pm.

Recommendation:

1.      That the proposed traffic arrangements for the Wolumla ANZAC Day March and Service on Thursday, 25 April 2019 be approved and deemed a Class 2 special event.

2.    That the section of Bega Street, Wolumla be temporarily closed on Thursday, 25 April 2019 for the Wolumla ANZAC Day March and Service, in accordance with Traffic Control Plan.

5.2       0603.SE.013 - Merimbula Jazz Festival – Street Parade.

A submission has been received for the 2019 Merimbula Jazz Festival which is proposed to include:

·   The Jazz Festival Street Parade;

·   The Jazz Festival “StreetFest”; and

·   The Jazz Festival “Lakeside Lantern Walk”

which will all be held on Saturday, 8 June 2019.

Due to the changed program for the 2019 event, the three events are proposed to be dealt with separately.

5.2.1     Merimbula Jazz Festival – Street Parade.

Participants will assemble on a closed section of Merimbula Drive, Merimbula from 10am, adjacent to the Caltex Service Station. The parade will commence at 10.30am, with sections of Merimbula Drive, Market Street and Beach Street being temporarily closed for the duration of the parade. 

Beach Street will remain closed between the Market Street and Alice Street intersections until 12pm for performances on a temporary stage in the Beach Street car park. It is proposed that the Beach Street car park will be closed from 6am on the day, to discourage vehicles from parking in the area.

Recommendation

1.      That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be          temporarily closed between 10.00am and 12.00pm on Saturday, 8 June 2019 for the          Merimbula Jazz Festival Street Parade.

2.      That, subject to conditions, Beach Street, Merimbula between the intersections of Market          Street and Alice Street be temporarily closed between 6am and 12pm on Saturday, 8 June          2019 for the Merimbula Jazz Festival Street Parade and performance.

3.      That the proposed traffic arrangements involving the temporary closure of Merimbula          Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival Street          Parade and performance on Saturday, 8 June 2019, be deemed a Class 2 special event and    it be conducted under an approved Traffic Control Plan, in accordance with the NSW   Roads and Maritime Services (RMS) Traffic Control Manual.

4.      That persons involved in the preparation and implementation of the Traffic Control Plan          must hold the appropriate NSW RMS accreditation.

5.    That organisers fully implement an approved Special Event Transport Management Plan.

6.      That organisers have approved public liability insurance of at least $20 million   indemnifying Bega Valley Shire Council, NSW Police Force and NSW Roads and Maritime     Services by name for the event.

7.    That organisers have written NSW Police approval prior to conducting the event.

 

5.2.2     Merimbula Jazz Festival - StreetFest

This year it is proposed to close of a section of Market Street between the intersection of Merimbula Drive and Beach Street. This proposed area will include the pedestrian signals. Following the music recital, the section of Market Street between Merimbula Drive and Beach Street is proposed to remain closed until 7.00pm to facilitate the Jazz Festival “StreetFest” which will showcase buskers, bands, street stalls and other festival related activities.

Recommendation:

1.    That, subject to conditions, a section of Market Street between the intersection of         Merimbula Drive and Beach Street, Merimbula be temporarily closed between 10.00am         and 7.00pm on Saturday, 8 June 2019 for the Merimbula Jazz Festival “StreetFest”.

2.    That, subject to conditions, Market Street, Merimbula between the intersections of         Merimbula   Drive and Beach Street be temporarily closed between 10.00am and 7.00pm        on Saturday, 8 June 2019 for the Merimbula Jazz Festival “StreetFest”.

3.    That the proposed traffic arrangements involving the temporary closure of Market Street,         Merimbula for the Merimbula Jazz Festival “StreetFest” on Saturday, 8 June 2019, be   deemed a Class 2 special event and it be conducted under an approved Traffic Control            Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control             Manual.

4.    That persons involved in the preparation and implementation of the Traffic Control Plan         must hold the appropriate NSW RMS accreditation.

5.    That organisers fully implement an approved Special Event Transport Management Plan.

6.    That organisers have approved public liability insurance of at least $20 million    indemnifying Bega Valley Shire Council, NSW Police Force and NSW Roads and Maritime     Services by name for the event.

7.    That organisers have written NSW Police approval prior to conducting the event.

 

5.2.3     Merimbula Jazz Festival – Lakeside Lantern Walk.

This year’s event is proposed to include a parade for local pre-school and primary school children carrying homemade lanterns and proceeding along the footpath from Spencer Park and finishing near the Merimbula Visitor Information Centre in Beach Street. The children will be under the control of teachers, parents and other responsible adults.

Recommendation:

As the proposed Lakeside Lantern Walk will utilise the existing footpath network, there is no formal approval required.

5.3       0603.RSP.014 - Timed Bus Zone Loftus Street, Bemboka.

Council has received a request from a resident in Loftus Street (Snowy Mountains Highway), Bemboka for the installation of a timed bus zone at the current bus stop locations for the Transport NSW Trainlink Service to and from Canberra. Council have contacted the Service provider seeking any difficulties regarding the location. The provider has indicated there are no reports from the drivers regarding the east bound location; however, drivers report some instances of vehicles parking in the west bound location.

The installed Coach timetable located at the west bound site indicates the westbound Service collects at 8.36am daily and the eastbound drops off at 7.46pm. Therefore, it is considered appropriate that timed bus zones be placed on both sides of Loftus Street (Snowy Mountains Highway) in the current bus stop locations for a period of 30 minutes covering the pickup and set down times.

Recommendation:

1.    That Council approve the installation of a timed Bus Zone for the west bound daily Service         between the hours of 8.15am to 8.45am for a length of 30 metres adjacent to No 79-81         Loftus Street.

2.    That Council approve the installation of a timed Bus Zone for the east bound daily Service         between the hours of 7.30pm to 8.00pm for a length of 26 metres commencing at the         western driveway adjacent to No 80 Loftus Street.

5.4       0603.RS.015 - Church Street, Bega - Loading and Taxi Zones

Council has recently received correspondence from the owner of 49-61 Church Street, Bega raising concerns with impact to the columns supporting the overhead veranda from large vehicles parking in the adjacent loading zone.  The owners of the Bega Taxi Service have been notified of the proposed relocation and no response has been received from them to date.

Recommendation:

Council approve the relocation of the existing Loading Zone with the existing Taxi Zone located at the south western side of Church Street, Bega.

5.5       0603.SE.016 – Candelo Village Festival including temporary road closure

A request has been received from organisers of the Candelo Village Festival seeking a temporary road closure of William Street, Candelo, between Eden and Hood Street (formally Panbula Street) from 12.00pm on 27 April 2019 to 6.00pm on 28 April 2019, for a music and arts festival.

Recommendation:

1.    That, subject to conditions, sections of William Street and Hood Street (formally Panbula         Street), Candelo be temporarily closed from 12.00pm on Saturday, 27 April 2019 to      6.00pm on Sunday, 28 April 2019 for the Candelo Village Festival.

2.    That the proposed traffic arrangements involving the temporary closure of William Street         and Hood Street (formally Panbula Street), Candelo for the Candelo Village Festival on         Saturday, 27 April 2019 and Sunday 28 April 2019, be deemed a Class 2 special event and it     be conducted under an approved Traffic Control Plan, in accordance with the Roads and          Maritime Services (RMS) Traffic Control Manual.

3.    That persons involved in the preparation and implementation of the Traffic Control Plan         must hold the appropriate RMS accreditation.

4.    That organisers fully implement an approved Special Event Transport Management Plan.

5.    That organisers have approved public liability insurance of at least $20 million    indemnifying Council, Police and Roads and Maritime Services by name for the event.

6.    That organisers have written Police approval prior to conducting the event.

7.    That the event achieves all conditions of DA 2008.0012, including parking provisions.

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 


 

12.3

Sportsground Committee Nominations - Sportsgrounds Sites & S355 General Sportsground Committee

 

 

RESOLVED unanimously on the motion of Crs Dodds and Griff

That the nominees listed in the confidential attachment for membership of the Bega Sporting Complex Site Committee and Pambula Beach Sports Complex Site Committee, as well as the nomination for the Section 355 General Sportsground Committee be endorsed

 

It was put to the vote and it was CARRIED

 

52/19

RESOLVED on the motion of Crs Dodds and Seckold

That the nominees listed in the Confidential Attachment - Justin Welsford (Bega Sporting Complex Site Committee and Section 355 General Sportsground Committee), Sarah Nolan, Mark Chaplin and Mark Thompson (Pambula Beach Sporting Complex Site Committee) be endorsed for the nominated committees.

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

13.       Staff Reports – Governance and Strategy

 

13.1

2019 Bega Valley Community Medallion Nominations

53/19

RESOLVED on the motion of Crs Tapscott and Seckold

That Council accept the recommendations of the Bega Valley Community Service Medallion for presentation of the Community Service Awards in 2019 and the names be embargoed until 29 May 2019.

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 


13.2

Exhibition of Operational Plan and Budget for 2019-2020

54/19

RESOLVED on the motion of Crs Tapscott and Griff

1.    That the revised Delivery Program, draft Operational Plan 2019 – 2020, including Council’s Budget, Revenue Policy and all Rates and Annual Charges, be placed on public exhibition for 28 days.

2.    That the draft Bega Valley Shire Fees and Charges 2019 – 2020 be placed on public exhibition for 28 days.

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 


 

13.3

Furthering development of a funding model for additional expenditure for Sapphire Coast tourism marketing and promotions

 

A motion was moved by Crs Tapscott and Griff

 

1.    That Council note the Report.

2.    That Council officers present for consideration a detailed further report on  tourism rating         models outlining the properties likely to be captured to participate, the increased rating costs         to property owners, the process of consulting with property owners and the Council resource         and cost  implications.

3.    That Council officers pursue the option of a sector wide special levy with other local Councils,         Destination Southern NSW and local government bodies through legislative change.

IN FAVOUR:             Crs Griff, Tapscott and Dodds

AGAINST:                  Crs Fitzpatrick, Bain, Nadin, McBain, Seckold and Allen

The motion was put the vote and it was LOST.

 

Cr Bain foreshadowed a motion.

 

1. That Council note the Report.

2. That Council officers pursue the option of a sector wide special levy with other local Councils, Destination Southern NSW and local government bodies through legislative change.

 

Cr Allen proposed an amendment to the foreshadowed motion, with the addition of point 3:

3. That costs be reimbursed as appropriate.

 

Cr Allen withdrew the amendment

 

55/19

RESOLVED on the motion of Crs Bain and Allen

1.    That Council note the Report.

2.    That Council officers pursue the option of a sector wide special levy with other local Councils,         Destination Southern NSW and local government bodies through legislative change.

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 


 

14.       Staff Reports – Finance

 

14.1

Southern Phone Dividend 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

56/19

A motion was moved by Crs Griff and Seckold.

 

1.      That Council include the Southern Phones dividend in the Budget for allocation in the financial year following the formal announcement of the dividend amount.

2.      That the 2019 dividend amount be allocated for expenditure in the 2019/20 Budget to support Festivals and Events funding of $45,000 and community group reimbursement and support of $10,000 and an Aquisitive Sculpture Prize of $10,000. If works for the Aquisitive Prize cannot be sourced annually, the money can be held over for allocation in a subsequent year.

3.      That applications are called for in July 2019 for events funding projects for the financial year 2019/20.

4.      That Council formally acknowledge the support of Southern Phones in the media and at the announcement of funding approvals.

 

IN FAVOUR:             Crs Griff, McBain, Seckold, Tapscott, Dodds

AGAINST:                  Crs Fitzpatrick, Bain, Nadin and Allen

The motion was put the vote and it was CARRIED

 

A motion was Foreshadowed by Cr Fitzpatrick:

1.      That Council include the Southern Phones dividend in the Budget for allocation in the financial year following the formal announcement of the dividend amount.

2.      That the 2019 dividend amount be allocated for expenditure in the 2019/20 Budget to support Festivals and Events funding of $50,000 and community group reimbursement and support of $15,000.

3.      That applications are called for in July 2019 for events funding projects for the financial year 2019/20.

4.      That Council formally acknowledge the support of Southern Phones in the media and at the announcement of funding approvals.

A point of order was called by Cr Dodds regarding Cr Nadin’s description of the sculpture at Short Point.

The Mayor ruled in favour of the point of order and asked Cr Nadin to withdraw the remark. Cr Nadin withdrew the remark.

 

 

 

14.2

Certificate of Investment

57/19

RESOLVED on the motion of Crs Nadin and Dodds

1.    That Council receive and note the attached reports indicating Council’s investment position as at 28 February 2019.

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

In favour:              Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

15.

Adoption of reports from Standing Committees

 

 

There were no reports to standing committees.

 

16.     Councillor Reports

There were no Councillor reports.

17.     Rescission/alteration Motions

There were no rescission/alternation motions.

18.     Notices of Motion

 

18.1

Constitutional referendum - popularly elected Mayor

 

 

 

 

 

 

 

 

 

 

 

58/19

 

A motion was moved by Crs Allen and Bain

 

That Council hold a constitutional referendum at the 2020 Council elections with the question to be “That the Bega Valley Shire Council Mayor be elected by the electors” and include provisions for the increased election costing in forward estimates.

A point of order was called by Cr Bain regarding Cr Dodds’ comments regarding another Council’s popularly elected Mayor.

The Mayor ruled against the point of order.

 

A point or order was called by Cr Nadin regarding Cr Griff’s reiteration of his comments.

The Mayor ruled in favour of the point of order. Cr Griff withdrew her comments.

 

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

In favour:              Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, McBain, Seckold, Tapscott and Dodds

 

 

 

 

18.2

Aquisitive sculpture prize

 

Cr Griff withdrew the notice of motion.

 

 

 

  19.   Questions On Notice

 

19.1

Cr Griff's Question on Notice - Affordable Housing

 

A response to Cr Griff’s question on notice was published in the 10 April 2019 meeting agenda.

 

 

 

 

20.       Questions for the Next Meeting

20.1

Aboriginal Land Claims

 

Cr Nadin asked a question on notice regarding Aboriginal Land Claims under the Native Title Claim and the potential exposure and affect of the Northern Territory landmark Native Title Decision on NSW Crown Lands and what the legal and statutory obligations are of owners/managers of potentially affected land.

The question was taken on notice by Dr Howe.

 

20.2

Sediment Breach at Mirador

 

Cr Nadin asked for information regarding a sediment breach at Mirador, particularly what actions were taken by Council and the contractor to resolve the issue, were fines issued and was there any permanent damage to the environment?

Dr Howe indicated that a site inspection had been undertaken and the developer has been asked to reinstate the conditions. A notice has been issued to the developer.

The question regarding permanent damage to the environment was taken on notice by Dr Howe.

 

20.3

ANZ Bank Fees

 

Cr Bain asked the Director Business and Governance to advise Council what progress and/or negotiations have been made with the ANZ Bank to bring down the extraordinary high fees charged to Bega Valley Shire Council.

Mr Stubbs advised it is Council’s intention to go out to market for its banking services.

 

20.4

Pollution Hazards

 

Cr Griff asked if Council could receive information regarding pollution hazards and risk from sporting/shooting ranges as raised in the deputation by Friends of Five Forests.

The question was taken on notice by Dr Howe.

 

20.5

Bat Colony - Panboola

 

Cr Fitzpatrick asked if Council could receive information regarding the bat colony at Panboola, specifically what processes are in place for relocation?

Dr Howe advised that the Grey Flying Fox is listed as a threatened species, which makes it difficult to relocate the species.

Information will be provided to affected residents.

It is most likely that the roost will move in the future.

Cr McBain asked about funding available through the Office of Environment and Heritage.

Dr Howe advised that the funding is still available, and could be used to develop a management plan.

Dr Howe advised that further information will be reported to Council.

20.6

Hydrological Study – Lake Curalo

 

Cr Bain asked what progress has been made regarding the Lake Curalo Hydrological Study.

Dr Howe advised that Council are conducting a Coastal Hazards Study which does include Lake Curalo and is due to be reported to Council before the end of this financial year.

 

21.       Confidential Business

Statement by the General Manager

The General Manager provided a response to an earlier deputation regarding Item No 21.1 Code of Conduct matter 06/18 and Item No 21.2 Code of Conduct matter 04/18:

·       The report on costs of Code of Conduct matters will be made when the matters are concluded and when the annual statistics are published, as per the procedures of administration for the Model Code of Conduct.

 

·       The two matters that were before Council previously on 20 February 2019 are being finalised at today’s meeting.

 

·       There are no additional costs, only the opportunity cost of re-reporting the matters and the time of staff and Councillors

 

·       The process of the review was not incorrect. Finalisation of the matters requires further consideration by Council.

 

·       Any media will be in line with the confidentiality requirements of the procedures for the administration of the Model Code of Conduct.

 

·       With regards to the rights of the Councillors involved, there is a process under the procedures for the right of review, if Councillors should decide to exercise their right when the matter is finalised, and that is through the Office of Local Government.

 

 

Adjournment Into Closed Session

59/19

RESOLVED on the motion of Crs Nadin and Griff

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

21.1    Code of Conduct matter 06/18

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 (i) the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

21.2    Code of Conduct matter 04/18

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 (i) the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

 

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, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

Council was adjourned for five minutes to close the Council chamber.

 

The live streaming of the meeting was ceased:          5:45pm

The ordinary session was closed:                                   5:45pm

Senior staff left the meeting:                                         5:45pm

 

The Closed Session meeting commenced:                   5:52pm

 

The recording of the meeting continued without live streaming for the period of the Closed Session of Council.

The Ordinary Meeting was reconvened:                      6:09 pm        

Statement of Re-Commencement of Live Streaming

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

 

 

22.     Announcement of resolutions of reports from Closed Session

21.1

Code of conduct matter 06/18

 

That Council note the Code of Conduct report and recommendations from the independent reviewer enacted by the required action being taken by the involved Councillor.

 

21.2

Code of conduct matter 04/18

 

That Council note the Code of Conduct report and recommendations from the independent reviewer enacted by the required action being taken by the involved Councillor.

23.     Resolutions to declassify reports considered in closed session

There were no resolutions to declassify reports.

 

Request to Make a Statement

A request to make a statement was made by Cr Allen.

RESOLVED unanimously on the motion of Crs Bain and Fitzpatrick

That Cr Allen’s statement be heard.

In regard to Mr Jesson’s response to Mayor McBain’s question during his deputation, Cr Allen made the following statement:

 “In relation to the question that you (Mayor McBain) posed to Mr Jesson, I wanted to give clarity and tell Council, that that information did not come from me.”

A request to make a statement was made by Cr Tapscott.

In regard to Mr Jesson’s response to Mayor McBain’s question asked during his deputation, Cr Tapscott made the following statement:

“I would also like to say that it did not come from me.”

 

Closure

There being no further business, the Chairperson closed the meeting at 6:12 pm.

 

Confirmed  

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 10 April 2019.