1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

73/19

RESOLVED on the motion of Crs Tapscott and Bain

That the Minutes of the Ordinary Meeting held on 29 May 2019 as circulated, be taken as read and confirmed.

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

Against:                  Nil

4.1

Deputations

The following requests to address Council have been received regarding:

Item 13.1. Code of Meeting Practice and Code of Conduct 

·         Mr David Jesson

Item 13.3. Council Meeting Agenda -- Order of Business 

·         Mr David Jesson

RESOLVED on the motion of Crs Nadin and Bain

That the deputations be heard.

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

Against:                  Cr Seckold

Mr Jesson addressed the Council regarding Item 13.1 and 13.3.

The Mayor thanked Mr Jesson for his address.

7.1

Urgent agenda item - Amendment to Sewer Service Charges

RESOLVED on the motion Crs Griff and Seckold

That Council accept the Urgent business report Amendment to Sewer Service Charges as to wait for the next scheduled Council meeting would not allow staff time to complete the administrative tasks to meet Part 4 Making of rates and charges, of the Local Government Act 1993 which requires that a rate or charge must be made before 1 August (section 533) and subsequently allow rates notices to be served by 1 August (section 562).

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

Against:                  Nil

8.

Adjournment into Standing Committees

There were no reports to Standing Committees

9.1

Bega Valley Shire Council Clean Energy Plan

A motion was moved by Crs Griff and Seckold

1.    That Council endorse the Bega Valley Shire Council Clean Energy Plan.

2.    That Council adopt a target of 100% renewable energy for Council operations by 2030.

It was put to the vote and LOST.

In favour:             Crs Griff, Seckold, Tapscott and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin, McBain and Allen

A motion was foreshadowed by Crs Bain and Nadin

1.          That Council endorse the Bega Valley Shire Council Clean Energy Plan.

2.          That Council bring forward an energy efficiency plan across water and sewer operations as a matter of priority.

An amendment was moved by Cr Griff and seconded by Cr Dodds to the foreshadowed motion.

1.      That Council endorse the Bega Valley Shire Council Clean Energy Plan.

2.      That Council bring forward an energy efficiency plan across water and sewer operations as a matter of priority.

3.      That the forthcoming climate resilient and adaption strategy incorporate more robust renewable energy targets.

The amendment was put to the vote and LOST.

In favour:             Crs Griff, Tapscott and Dodds

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

74/19

RESOLVED on the motion of Crs Bain and Nadin

1.          That Council endorse the Bega Valley Shire Council Clean Energy Plan.

2.          That Council bring forward an energy efficiency plan across water and sewer as a matter of priority.

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

Against:                  Nil

10.1

Draft Bega Valley Shire Library Service Strategic Plan

03:24 pm       Cr Nadin left the meeting.

03:26 pm       Cr Nadin returned to the meeting.

75/19

RESOLVED on the motion of Crs Seckold and Dodds

1.      That Council place the Draft Bega Valley Shire Library Services Strategic Plan 2020–2025 on public exhibition for a period of 28 days to seek broader community feedback.

2.      That the final Library Services Strategic Plan 2020–2025, which considers community feedback, be provided to Council for consideration following the conclusion of the public exhibition period.

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

Against:                  Nil

12.1

RFT28/19 Pambula River, Pambula Lake and Yowaka River Flood Study Tender

Cr Bain declared a non pecuniary interest regarding Item 12.1 , RFT28/19 Pambula River, Pambula Lake and Yowaka River Flood Study Tender on the basis that she lives on the edge of Pambula Lake however draws no monetary income from the lake.  Cr Bain remained in the meeting room and took part in debate and voting.

Cr Fitzpatrick declared a non pecuniary interest regarding Item 12.1, RFT28/19 Pambula River, Pambula Lake and Yowaka River Flood Study Tender on the basis that he owns property and live on Yowaka River Road.  Cr Fitzpatrick remained in the meeting room and took part in debate and voting.

RESOLVED unanimously on the motion of Crs Nadin and Bain

That Council accept the recommendations as outlined in the Confidential attachment.

76/19

RESOLVED on the motion of Crs Nadin and Bain

1.      That Council accept the tender from Catchment Simulation Solutions Pty Ltd in relation to contract for the works described in Tender RFT 28/19, in the amount of $114,521.00 (including GST), subject to variations, provisional sums and prime cost items as per recommendations in the confidential attachment.

2.      That Council approve the relevant matching contributions required to meet the terms of the Grant Funding Agreement from the Office of Environment and Heritage over the expected life of the project.

3.      That authority is delegated to the General Manager, or Director Asset and Operations in the absence of the General Manager, to execute all necessary documentation.

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

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

Against:                  Nil

13.1

Code of Meeting Practice and Code of Conduct

They Mayor asked the General Manager if any matters raised in the deputation would require an additional report to Council.  The General Manager advised that the matter could proceed.

RESOLVED unanimously on the motion of Crs Tapscott and Nadin

That the matter be dealt with today.

RESOLVED unanimously on the motion of Crs Allen and Griff

That the items be considered separately.

77/19

RESOLVED on the motion of Crs Allen and Tapscott

That Council adopt the revised Code of Meeting Practice (Procedure 6.02.2) for commencement at the Council meeting on 26 June 2019 be adopted with the following amendment:

4.1 These public forums will be held at 12.00 mid-day on the meeting date and will be live streamed

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

Against:                  Nil

78/1979/19

RESOLVED on the motion of Crs Seckold and Tapscott

That Council adopt the updated Code of Conduct and the Procedures for the Administration of the Code of Conduct.

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

Against:                  Crs Fitzpatrick, Nadin and Allen

80/1981/19

RESOLVED on the motion of Crs Tapscott and Dodds

That Council adopt the new Councillor Induction and Professional Development Guidelines.

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

Against:                  Nil

13.2

Appointment Acting General Manager cover periods of leave and senior officer in charge

82/19

RESOLVED on the motion of Crs Bain and Allen

1.   That Council note that one of the following staff will be nominated by the General Manager to cover operational matters for periods when the General Manager is out of the Shire or on sick leave as a senior officer in charge:
                 - Mr Anthony McMahon
                 - Dr Alice Howe
                 - Mr Graham Stubbs.

2.   That the Council appoint Mr McMahon Director Assets and Operations as Acting General Manager for the upcoming period of the General Manager’s annual leave from 1-23 July 2019.

3.   That Council delegate to the Acting General Manager Mr McMahon, the authority to exercise all discretionary functions that Council is capable of delegating and is not prohibited from doing so under sect 377 of the Local Government Act 1993, and also excluding any specific functions which Council has, by resolution, reserves to Council.

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

Against:                  Nil

13.3

Council Meeting Agenda -- Order of Business

They Mayor asked the General Manager if any matters raised in the deputation would require an additional report to Council.  The General Manager advised that the matter could proceed.

RESOLVED unanimously on the motion of Crs Bain and Nadin

That the matter be dealt with today.

83/19

RESOLVED on the motion of Crs Bain and Nadin

That Council adopt the order of business for meetings, as outlined below, to commence at the meeting to be held on 26 June 2019.

·    Statement of Commencement of Live Streaming

·    Acknowledgement of Traditional Custodians of Bega Valley Shire

·    Apologies and Requests for Leave of Absence

·    Confirmation of Minutes of the previous Ordinary Meeting, Extraordinary Meeting and Closed Session

·    Declarations

·    Public Forums – report by Mayor of deputations heard prior to the meeting

·    Petitions

·    Mayoral Minutes or Announcements

·    Urgent Business

·    Staff Reports

·    Councillor Reports

·    Rescission/Alteration Motions

·    Notices of Motion

·    Questions with Notice

·    Confidential Business – Closed Session

·    Statement of Cessation of Live Streaming for the period of the Closed Session

·    Statement of Re-Commencement of Live Streaming

·    Noting of resolutions from Closed Session

·    Declassification of reports considered previously in Closed Session

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

Against:                  Nil

14.1

Quarterly Budget Review Statement - 31 March 2019

84/19

RESOLVED on the motion of Crs Bain and Nadin

1.      That Council note the Chief Finance Officer’s position relating to the September 2018 quarterly review.

2.      That Council adopt the March 2019 Quarterly Budget Review.

3.      That Council note movements outlined in the Quarterly Budget Review Statement.

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

Against:                  Nil

14.2

Determination of the Local Government Remuneration Tribunal - 19-07 2019/20 - Mayoral and Councillor Fees

A motion was moved by Cr Dodds

1.          That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2019 to 30 June 2020 will be $20,280.

2.          That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2019 to 30 June 2020 will be $44,250.

The motion lapsed due to lack of a seconder.

A motion was moved by Crs Allen and Nadin

That Council resolve the annual fees payable to Councillors and the Mayor remain at the current level.

It was put to the vote and CARRIED.

A motion was foreshadowed by Cr Dodds

1.          That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2019 to 30 June 2020 will be $19,360.

2.          That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2019 to 30 June 2020 will be $42,670.

85/19

RESOLVED on the motion of Crs Allen and Nadin

That Council resolve the annual fees payable to Councillors and the Mayor remain at the current level.

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

Against:                  Crs Seckold, Tapscott and Dodds

14.3

Amendment to Sewer Service Charges

A motion was moved by Crs Tapscott and Dodds

1.   That Council resolve to publicly exhibit the corrected Sewer Services charges, reflecting a 3.5% increase.

2.   That Council resolve to hold an additional Council meeting on Wednesday 17 July 2019 to consider the community feedback on the corrected Sewer Service charges to enable Rates Notices to be issued in accordance with Part 4 of the Local Government Act 1993.

It was put to the vote and CARRIED.

A motion was foreshadowed by Cr Allen

1.   That Council resolve to publicly exhibit the corrected Sewer Services charges, reflecting a 2.7% increase.

2.   That Council resolve to hold an additional Council meeting on Wednesday 17 July 2019 to consider the community feedback on the corrected Sewer Service charges to enable Rates Notices to be issued in accordance with Part 4 of the Local Government Act 1993.

86/19

RESOLVED on the motion of Crs Tapscott and Dodds

1.   That Council resolve to publicly exhibit the corrected Sewer Services charges, reflecting a 3.5% increase.

2.   That Council resolve to hold an additional Council meeting on Wednesday 17 July 2019 to consider the community feedback on the corrected Sewer Service charges to enable Rates Notices to be issued in accordance with Part 4 of the Local Government Act 1993.

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

Against:                  Crs Fitzpatrick and Allen

15.

Adoption of reports from Standing Committees

There were no reports to standing committees

16.1

Canberra Region Joint Organisation Board Meeting - Key Outcomes

The report published in the Agenda for the meeting of 12 June 2019 was noted.

20.1

Sealing of Towamba/Burragate Road

Cr Tapscott asked could Council please be provided a timeline and process for sealing the Towamba/Burragate Road.

The Director Assets and Operation advised that Council will soon be going to the market seeking project management services to oversee the design and construction of the project which will be delivered via contract. It is not expected that any construction works will commence within 12 months as there has not yet been any design and investigation work undertaken. The design is expected to influence construction staging which may be impacted by factors such as how much drainage wok and drainage structures are required.

20.2

Filtering our stormwater drains from polluting our waterways

Cr Nadin asked what action or planning has the Council taken in relation to filtering our stormwater drains to stop in flow from polluting our waterways?

The Director Assets and Operation advised that Council currently undertakes extensive street sweeping programs within its urban/CBD areas. Despite some perceptions this work has something to do with the roads themselves it is fact primarily about preventing sediment and waste that it is deposited within the road network from being transported to our water ways. Council Assets and Environmental teams are continuing to work together on identifying the most effective and financially efficient ways to prevent pollution through the stormwater network.

Council is relaunching its successful “Love our Lakes” program in the second half of this year.  The Program will focus on partnerships with key stakeholder groups (e.g. Oyster farmers and recreational fisherman), community education, on ground works and catchment protection including a specific focus on construction and development within the immediate catchments of our sensitive lakes.

20.3

National Parks light to light walking track

Cr Nadin asked if Councillors could be briefed on the National Parks' proposed $8m light-to-light walking track while the project is on exhibition period later this month/next month? Will Council be making a submission to process?

The General Manager partially responded noting that a presentation would be arranged and a submission considered.