PresentCr 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 AttendanceGeneral 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 |
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.
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
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2. |
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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 |
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 |
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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.
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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
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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.
There were no Mayoral Minutes.
There was no urgent business.
8. |
Adjournment into Standing Committees |
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9.1 |
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RESOLVED on the motion of Crs Allen and Tapscott1. 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 |
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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.
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RESOLVED on the motion of Crs Griff and SeckoldThat 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
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9.3 |
Finalisation of draft Planning Proposal for Environmental Zones (minor amendments) for four properties previously reported |
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03:32 pm Cr Nadin left the meeting.
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RESOLVED on the motion of Crs Bain and Dodds1. 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
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9.4 |
Amendment to Bega Valley Development Control Plan 2013 to include design considerations for Lots 33 and 34 DP 243029 Tura Beach |
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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.
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RESOLVED on the motion of Crs Fitzpatrick and Dodds1. 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 |
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RESOLVED on the motion of Crs Griff and SeckoldThat 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 |
There were no Community, Culture and Leisure reports.
EOI 78/18 For use of the former manager’s residence at Tura Beach |
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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 |
RESOLVED on the motion of Crs Fitzpatrick and Seckold1. 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, Against: Nil absent: Cr Tapscott Amendment to minutes of the meeting 10 April 2019 as resolved at the 8 May 2019 ordinary Council Meeting |
04:18 pm Cr Tapscott returned to the meeting.
12.1 |
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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.
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RESOLVED on the motion of Crs Fitzpatrick and Dodds1. 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
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04:20 pm Cr Tapscott returned to the meeting.
12.2 |
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RESOLVED on the motion of Crs Bain and DoddsThat 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 |
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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
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RESOLVED on the motion of Crs Dodds and SeckoldThat 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 |
13.1 |
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RESOLVED on the motion of Crs Tapscott and SeckoldThat 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 |
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RESOLVED on the motion of Crs Tapscott and Griff1. 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 |
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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
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RESOLVED on the motion of Crs Bain and Allen1. 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 |
14.2 |
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RESOLVED on the motion of Crs Nadin and Dodds1. 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 |
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15. |
Adoption of reports from Standing Committees |
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There were no Councillor reports.
17. Rescission/alteration Motions
There were no rescission/alternation motions.
19.1 |
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A response to Cr Griff’s question on notice was published in the 10 April 2019 meeting agenda. |
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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.
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Adjournment Into Closed Session |
59/19 |
RESOLVED on the motion of Crs Nadin and Griff1. 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
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.
21.1 |
Code of conduct matter 06/18 |
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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 |
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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. |
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.”
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.