Ordinary Meeting Minutes
Held on Wednesday 26 June 2019
At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega Commencing at 2.00 pm
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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 Acting Director, Community, Environment and Planning, Mr Keith Tull Director, Business and Governance, Mr Graham Stubbs Executive Manager People and Governance, Ms Nina Churchward Acting Manager Communications and Events, Mr Justin Welsford Minute Secretary, Mrs Rebecca Jones |
Statement of Commencement of Live Streaming
The Mayor made an announcement about live streaming requirements:
Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, those present 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 as a visitor of the public gallery, individuals present 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 |
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87/19 |
A motion was moved by Crs Griff and Tapscott 1. That the leave of absence for the meetings of 17 July 2019 and 7 August 2019 requested by Cr Dodds be accepted. 2. That the leave of absence for the meetings of 7 August 2019 and 28 August 2019 requested by Cr Allen be accepted.
In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold and Tapscott Against: Nil ABSTAIN: Crs Dodds and Allen |
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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 12 June 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 Seckold declared a non-pecuniary but significant interest regarding Item 11.3 Bega Valley Local Traffic Committee on the basis that she is the Chair of the Bega Tathra Saferide which is the driving force behind the Bega Tathra Community Bike Ride NSW Bike Weekly. A signed declaration form was tabled by Cr Seckold for inclusion in the Register, noting she would depart the meeting room and take no part in debate or voting on this item.
Cr Fitzpatrick declared a non-pecuniary but less than significant interest regarding Item 12.2 Adoption of Revised Delivery Plan and Annual Budget on the basis that he is a director of Pambula and District Community Development Limited who made a submission in relation to Sapphire Coast Microloans Program. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting he would remain in the meeting room and take part in debate and voting on this item as Cr Fitzpatrick indicated that he has no personal benefit or shareholdings in Pambula and District Community Development Limited.
Report by Mayor of deputations heard prior to the meeting
The following requests were heard prior to the meeting regarding:
Item No 11.2 Bermagui All Abilities Playground - Location
· Tanya Neilson
· Lee-Ann Mitchell
Item 12.2 Adoption of Revised Delivery Program 2017- 2021 and Operational Plan 2019-2020 and Annual Budget 2019-2020
· Peter O’Keefe
There were no petitions.
There were no Mayoral Minutes.
7. Urgent Business
There was no urgent business.
8. Staff Reports – Planning and Environment
There were no Planning and Environment reports
9. Staff Reports – Community, Culture and Leisure
There were no Community, Culture and Leisure reports.
10. Staff Reports – Economic Development and Business Growth
There were no Economic Development and Business Growth reports.
11. Staff Reports – Infrastructure Waste and Water
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11.1 |
RFT 31/19 - Auckland Street Stormwater Assets Structural Relining |
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89/19 |
A motion was moved by Crs Fitzpatrick and Nadin 1. That Council accept the recommendations as outlined in the Confidential attachment. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
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RESOLVED on the motion of Crs Fitzpatrick and Nadin
2. That Council accept the tender from Interflow Pty Ltd in relation to contract for the works described in Tender RFT 31/19, in the amount of $110,284.34 ( (including GST), subject to variations, provisional sums and prime cost items as per the Tender Panel recommendations. 3. That authority is delegated to 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
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11.2 |
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91/19 |
A motion was moved by Crs Allen and Tapscott
That the matter be dealt with today In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
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RESOLVED on the motion of Crs Allen and Fitzpatrick1. That the information in the report and attachments, including responses and feedback received from the community consultation process, be received and noted. 2. That it is noted there is differing views in the community but acknowledge that to proceed with the project, a site needs to be selected. 3. That the site at Apex Park be identified as the site for the inclusive All-Abilities Playground project at Bermagui. 4. That those that provided input through the consultation process and the members of the Community Advisory Group be thanked for their contribution. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
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11.3 |
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93/19 |
Cr Seckold declared a non-pecuniary but significant interest regarding Item 11.3 Bega Valley Local Traffic Committee on the basis that she is the Chair of the Bega Tathra Saferide which is the driving force behind the Bega Tathra Community Bike Ride NSW Bike Weekly. A signed declaration form was tabled by Cr Seckold for inclusion in the Register. Cr Seckold departed the meeting room, taking no part in debate or voting on this item. 02:18 pm Cr Seckold left the meeting.
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RESOLVED on the motion of Crs Nadin and Griff
That Council adopt the following recommendations of the Bega Valley Local Traffic Committee: Bega Tathra Community Bike Ride1. That, subject to conditions, sections of the Bega-Tathra Road be temporarily closed between 9am to 12pm (rolling closures) on Sunday, 22 September 2019 for the Bega-Tathra Community Ride. 2. That organisers of the Bega-Tathra Community Ride engage a specialist traffic event consultant to prepare a comprehensive Traffic Management Plan encompassing all the required short-term closures for access driveways and side roads onto Bega Tathra Road. 3. That the proposed traffic arrangements for the Bega-Tathra Community Ride on Sunday, 22 September 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. 4 That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 5. That organisers have approved and current 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 letters be sent to landowners seeking written approval for the closure of private gates. 8. That Police and Council review the Traffic Control Plan prior to the event being given final approval. Installation of Temporary No Stopping Zone, Arthur Kaine Drive, MerimbulaCouncil approve the installation of a “No Stopping” zone on the western side of Arthur Kaine Drive for a length of 115 metres, north and south of the access driveway to the Merimbula Airport. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Tapscott, Dodds and Allen Against: Nil Absent: Cr Seckold
02:19 pm Cr Seckold returned to the meeting.
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12. Staff Reports – Governance and Strategy
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12.1 |
Notice to the NSW Minister for Lands and Forestry of Council's intention to divest of management responsibilities over several NSW Government assets |
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RESOLVED on the motion of Crs Fitzpatrick and Tapscott1. That Council receive and note the report. 2. That Council give formal notice to the New South Wales Minister for Lands and Forestry of Council’s intention to divest of its management responsibilities under the Crown Land Management Act 2016 (NSW) for New South Wales Government assets located within the following reserves:
3. That Council authorise the General Manager and Mayor to execute the necessary documentation relating to the above divestment of management responsibilities under the Crown Land Management Act 2016 (NSW). In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
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12.2 |
Adoption of Revised Delivery Program 2017- 2021 and Operational Plan 2019-2020 and Annual Budget 2019-2020 |
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96/19 |
Cr Fitzpatrick declared a non-pecuniary but less than significant interest regarding Item 12.2 Adoption of Revised Delivery Plan and Annual Budget on the basis that he is a director of Pambula and District Community Development Limited who made a submission in relation to Sapphire Coast Microloans Program. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register. Cr Fitzpatrick noted he would remain in the meeting room and take part in voting and debate on this item, as he has no personal benefit or shareholdings in Pambula and District Community Development Limited.
A motion was moved by Crs Allen and Nadin That the matter be dealt with today In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
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RESOLVED on the motion of Crs Tapscott and Allen
1. That Council adopt the exhibited Bega Valley Shire Delivery Program 2017 – 2021, Operational Plan 2019 – 2020 and Annual Budget 2019 – 2020 subject to the changes outlined in this report. 2. That Council note the Revenue Policy will be adopted at its meeting on 17 July 2019. 3. That Council note the revised Delivery Program 2017-2021 and Operational Plan 2019-20 will be published on Council’s website by 24 July 2019.
In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Cr Bain |
13. Staff Reports – Finance
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13.1 |
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98/19 |
A motion was moved by Cr Allen and McBain That Fees and Charges relating to Halls and Cemeteries be dealt with as separate items.
In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
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RESOLVED on the motion of Crs Allen and GriffThat Council make each fee and charge for 2019 – 2020 excluding Halls and Cemeteries in accordance with the exhibited draft Fees and Charges subject to the changes outlined in this report. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
Cr Seckold noted her need to leave the meeting which was acknowledged by the Mayor.
03:49 pm Cr Seckold left the meeting.
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13.2 |
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RESOLVED on the motion of Crs Allen and Fitzpatrick1. That Council receive and note the attached reports indicating Council’s investment position as at 31 May 2019. 2. That Council note the certification of the Responsible Accounting Officer. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Tapscott, Dodds and Allen Against: Nil Absent: Cr Seckold |
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13.3 |
Impact of Misstatement of 2017-2018 Budget in the Annual General Purpose Financial Statements |
RESOLVED on the motion of Crs Tapscott and Dodds
That Council note this report. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Tapscott, Dodds and Allen Against: Nil Absent: Cr Seckold |
There were no councillor reports.
15. Rescission/alteration Motions
There were no rescission/alteration motions.
There were no notices of motion.
There were no questions with notice.
18. Confidential Business
There was no confidential business.
19. Noting of Resolutions from Closed Session
There were no resolution to note from closed session.
20. Declassification of reports considered previously in closed session
There was no declassification of reports considered previously in closed session.
Closure
There being no further business, the Chairperson closed the meeting at 4:14 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 26 June 2019.