Ordinary Meeting Minutes

Held on Wednesday 7 August 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 Robyn Bain

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

Acting Director, Business and Governance, Ms Nina Churchward

Acting Communications and Events Manager, Mr Justin Welsford

Minute Secretary, Ms Kelly McDowall

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 and that by entering the Chambers during an open session of Council, those present consent to their attendance and participation being recorded.

The recording is 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.

Mayoral Announcement

The Mayor acknowledged the anniversary, on the 15 August 2019, of the Yankees Gap, Brogo, Bemboka fire with the first flare on the 15 August and the second on the 15 September 2019.

1. Apologies

76/19

RESOLVED on the motion of Crs Seckold and Nadin

That the leave of absence from 1 August 2019 to 10 September 2019 requested by Cr Allen be accepted.

That the leave of absence from 30 June 2019 to 18 August 2019 requested by Cr Dodds be accepted.

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

Against: Nil

Absent: Crs Dodds and Allen

Confirmation of Minutes

77/19

RESOLVED on the motion of Crs Bain and Tapscott

That the Minutes of the Ordinary Meeting held on 26 June 2019 and the Ordinary Meeting held on 17 July 2019 as circulated, be taken as read and confirmed.

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

Against: Nil

Absent: Crs Dodds and Allen

3. Declarations

Note Item 11.6 Proposed new road name: Jacaranda Place.

4. Public Forum – report by Mayor of deputations heard prior to the meeting

The following requests were heard prior to the meeting regarding:

Item 11.5 Hanscomb Creek and Johnson Creek Bridges, Garfields Road, Numbugga

• Mr Phil Chadwick

Item 11.8 Short Point Headland Seating and Signage

• Ms Lynn McColl

Item 11.9 Proposed acquisition of land for Merimbula Service Road Extension

• Ms Lynn McColl

5. Petitions

There were no petitions.

6. Mayoral Minutes

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

9.1

Establishment of Bega Eden Merrimans Aboriginal Liaison Committee

78/19

RESOLVED on the motion of Crs Bain and Nadin

1. That Council amends the Memorandum of Understanding with the Eden, Bega and Merrimans Local Aboriginal Land Councils as identified in Attachment 1 to the report.

2. That Council adopts the Guidelines for the BEM Liaison Committee as attached to the report.

3. That Council nominates the Mayor as the representative to the Committee, with Cr Seckold and Cr Dodds as alternates to represent Council on the BEM Liaison Committee.

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

Against: Nil

Absent: Crs Dodds and Allen

9.2

Bega Valley Shire Council Library Services Strategic Plan 2020-2025

79/19

RESOLVED on the motion of Crs Tapscott and Griff

1. That Council resolve to adopt the Bega Valley Shire Library Service Strategic Plan 2020-2025 removing the word ‘draft’ from document.

2. That the adopted Bega Valley Shire Library Service Strategic Plan 2020-2025 be made publicly available

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

Against: Nil

Absent: Crs Dodds and Allen

10. Staff Reports – Economic Development and Business Growth

There were no Economic Development and Business Growth reports.

11. Staff Reports – Infrastructure Waste and Water

11.1

Approval for new road names: Wumbalwarra Drive, Barrumbarra Place, Gurabarr and Peters

80/19

RESOLVED on the motion of Crs Bain and Seckold

1. That Council receive and note the report.

2. That Council approve the proposal to name two new roads off the recently named Spanish Oaks Drive as Wumbalwarra Drive and Barrumbarra Place.

3. That Council advertise the proposed road names on its website, inviting submissions to the proposal.

4. That if no objections are received within the submission period, Council officers proceed with the road naming proposals without subsequent referral to Council.

5. That authority be delegated to Council officers to submit the names Gurabarr and Peters to the Geographical Names Board of New South Wales for pre-approval and reservation for future use within the Bega Valley Local Government Area.

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

Against: Nil

Absent: Crs Dodds and Allen

11.2

Rock Fishing Safety Act 2016

81/19

RESOLVED on the motion of Crs Nadin and Griff

1. That the information in the report and attachments be received and noted.

2. That noting the resourcing implications and practicalities of enforcing the Rock Fishing Safety Act 2016 across the Bega Valley Shire Council (BVSC) coastline areas, Council not ‘opt in’ to enforcing the legislation.

3. That Council officers investigate other options and opportunities to work with the NSW Department of Primary Industries (DPI) and other agencies to improve rock fishing safety.

4. That Council officers assess the merits of installing ‘Angel Rings’.

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

Against: Nil

Absent: Crs Dodds and Allen

11.3

Road opening/closing of a portion of Council public road reserve on Reedy Swamp Road, Bega

82/19

RESOLVED on the motion of Crs Tapscott and Seckold

1. That Council approve, in principle, the proposal received from the applicants for the opening/closing of the Council public road reserve through their landholding being Lot 108 DP 750190 at Reedy Swamp Road, Bega.

2. That Council officers commence assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days.

3. That, if any objections are received, a further report be prepared for Council’s consideration.

4. That, if no objections are received Council, by notice published in the Government Gazette, formally close the surplus public road reserve concerned.

5. That the General Manager and Mayor be authorised to execute the necessary documentation to affect the road closing and subsequent land swap with the applicant for the creation of a new Reedy Swamp Road reserve reflecting the current position of the road for nil compensation.

6. That Council cover their own legal costs capped at $3,500 with all other costs associated with the road opening/closing processes to be borne by the applicants.

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

Against: Nil

Absent: Crs Dodds and Allen

11.4

Bega Valley Local Traffic Committee

83/19

RESOLVED on the motion of Crs Bain and Griff

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

Eden Whale Festival, 1-3 November 2019

1. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street between 9.00am and 10.00am on Saturday, 2 November 2019 for the Eden Whale Festival Street Parade.

2. That, subject to conditions, Bass Street, Eden be temporarily closed between the intersections of Imlay Street and Calle Calle Street from 10.00am on Saturday, 2 November 2019 for the Eden Whale Festival Street Parade.

3. That, subject to conditions, Hosies Road, Eden between the intersections of Bass Street and Aslings Beach Road and Aslings Beach Road, Eden between the intersections of Hosies Road and Mitchell Street, be temporarily closed from 10.30am on Saturday, 2 November 2019 for the Eden Whale Festival Street Parade.

4. That, subject to conditions, Aslings Beach Road, Eden be temporarily closed between the intersections of Mitchell Street and Barclay Street from 10.45am on Saturday, 2 November 2019 for the Eden Whale Festival Street Parade.

5. That, subject to conditions, Barclay Street, Eden be temporarily closed between the intersections of Aslings Beach Road and Wave Street from 11.00am to 1:00pm on Saturday, 2 November 2019 for the Eden Whale Festival Street Parade.

6. That, subject to conditions, Imlay Street, Eden be temporarily closed between the access lane to the public carpark and the intersection of Chandos Street between 8.00am and 12.00pm on Sunday, 3 November 2019 for the Eden Whale Festival Hot Rod Show and Shine car display.

7. That the proposed events be deemed Class 2 Special Event and be conducted under approved Traffic Control Plans, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

12. That the event achieves all conditions of Council’s Use of Public Land approval.

Intersection of Imlay Street and Bramble Street, Eden – No Stopping Zone

1. That Council approve the installation of a “No Stopping” zone on the eastern side of the intersection of Imlay Street and Bramble Street, Eden commencing at the intersection point, for a distance of 32 metres along Bramble Street and commencing at the intersection point for a distance of 20 metres northerly along Imlay Street.

2. That Council approve the installation of an “Entry/No Exit” sign at the entry point to Rotary Park off Bramble Street, Eden.

3. That Council approve the installation of a “Give Way” sign at the intersection of Imlay Street and Bramble Street, Eden (western leg).

Zingel Place, Bega – Pedestrian Crossing

That Council approve the installation of a pedestrian crossing in the vicinity of the access to the Bega Valley Shire Council Administration Building, Zingel Place, Bega.

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

Against: Nil

Absent: Crs Dodds and Allen

11.5

Hanscomb Creek and Johnson Creek Bridges, Garfields Road, Numbugga.

As the matter had been the subject of an address to Council the Chairperson asked had any new matters been raised in the address.

The Director Assets and Operations advised that the public forum presenter raised the same matters as those raised at the public forum held on the 29 May 2019 which saw the matter deferred for a further report to Council today.

84/19

RESOLVED on the motion of Crs Bain and Fitzpatrick

1. That Council note the review of the options presented to Council and the high level cost estimates.

2. That Council resolve to proceed with the implementation of Option 1 or 2 to dispose of the existing Johnson Creek Bridge and replace it with a concrete bridge or culvert to provide all weather access on the correct road alignment with this action requiring cadastral surveying.

3. That Council note that the whole of life asset costs of maintaining a concrete bridge will be less than the cost of maintaining the two timber bridges.

4. That Council approve, in principle, the proposal for the opening/closing of the Council public road reserve through Lot 7 DP 819196 at Garfields Road, Numbugga.

5. That Council officers commence assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and the proposal be publicly advertised for a period of 28 days.

6. That if any objections are received, a further report be prepared for Council’s consideration.

7. That if no objections are received Council, by notice published in the Government Gazette, formally close the surplus public road reserve concerned.

8. That the General Manager and Mayor be authorised to execute the necessary documentation to affect the proposed road opening/closing as outlined in the report as well as any deeds necessary.

9. That all costs associated with the road opening/closing processes, payment of compensation in accordance with a formal market valuation for the sections of road reserve over the current track in use, will be payable by Council.

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

Against: Nil

Absent: Crs Dodds and Allen

11.6

Proposed new road name: Jacaranda Place

Cr Nadin declared a non-pecuniary interest regarding Item 11.6, Proposed new road name: Jacaranda Place on the basis that his brother owns a block in the development.

Cr Nadin indicated he would remain in the Chamber, taking part in debate and voting.

85/19

RESOLVED on the motion of Crs Nadin and Tapscott

1. That Council approve the proposal to name the new road off Mirador Drive as Jacaranda Place.

2. That the Geographical Names Board of NSW be requested to formally Gazette the new road name as Jacaranda Place.

3. That Council advise all affected property owners and those who made a submission regarding the naming proposal.

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

Against: Crs Fitzpatrick and Bain

Absent: Crs Dodds and Allen

11.7

Feedback from Candelo Community Meeting

86/19

RESOLVED on the motion of Crs Bain and Nadin

That Council note the contents of the report and the community views and the key outcomes and actions by Council officers and include in proposed actions investigating expanded, potential funding sources for key projects.

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

Against: Nil

Absent: Crs Dodds and Allen

11.8

Short Point Headland Seating and Signage

As the matter had been the subject of an address to Council the Chairperson asked if any new matters been raised in the address.

The Director Assets and Operations advised there had not been any new matters raised.

87/19

RESOLVED on the motion of Crs Nadin and Tapscott

1. That Council receive and note the information in the report.

2. That Council endorse option two for the design for the Short Point headland seating and interpretative signage and installation of sunlounge elements subject to the amendments recommended in the summary table in the report which includes an alternative off the shelf curved seat design.

3. That Council endorses the approach for officers to inform and work with identified project stakeholder groups as project design work progresses and consider and balance feedback in the context of the membership of stakeholder group and the project deliverables.

4. That Council staff liaise with the Doyle family in relationship to a suitable location for the plaque from the existing seat at the headland.

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

Against: Nil

Absent: Crs Dodds and Allen

11.9

Proposed acquisition of land for Merimbula Service Road Extension

88/19

RESOLVED on the motion of Crs Bain and Tapscott

1. That Council authorise the acquisition, by private agreement, of part Lot 123 DP 1250503 at Merimbula for the construction of the roadworks, as detailed in the attached Deed of Agreement, for the purpose of the proposed Merimbula service road extension.

2. That upon acquisition, Council’s intention will be to dedicate section B, shown in red colour on the sketch plan in the report to Council of 7 August 2019, as public road reserve and classify section C, shown in purple colour on the same sketch plan, as Operational Land which will be the subject of a further report to Council.

3. That the Mayor and General Manager be authorised to execute all necessary documentation including any minor modifications to the draft deed as required.

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

Against: Nil

Absent: Crs Dodds and Allen

11.10

NSW Boating Now, Round 2 Projects - Concept Consultations

89/19

RESOLVED on the motion of Crs Fitzpatrick and Griff

1. That Council endorse the outcomes of the completed community consultation process.

2. That Council notes the General Manager, or her delegate, will proceed with detailed design development incorporating, where practical, those constructive suggestions tabled throughout the community consultation process and summarised in the report to Council.

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

Against: Nil

Absent: Crs Dodds and Allen

11.11

Waste Fees and Charges 2018/19

90/19

RESOLVED on the motion of Crs Bain and Seckold

1. That Council refund waste services customers, who would be entitled to a refund in accordance with the adopted Waste Fees and Charges for 2018/19, should they have been fully implemented.

2. That Council not seek to recoup fees and charges from customers undercharged, in accordance with the adopted Waste Fees and Charges for 2018/19, and accordingly write off that income.

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

Against: Nil

Absent: Crs Dodds and Allen

12. Staff Reports – Governance and Strategy

12.1

Local Government NSW Annual Conference 2019

RESOLVED on the motion of Crs Nadin and Seckold

That the matters be dealt with separately.

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

Against: Cr Tapscott

Absent: Crs Dodds and Allen

91/19

RESOLVED on the motion of Crs Bain and Griff

That Council endorse Crs Fitzpatrick and Griff, the Mayor and the General Manager to attend the Local Government’s NSW (LGNSW) Annual Conference to be held from 14-16 October 2019, with the necessary travel and accommodation costs to be borne by Council.

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

Against: Nil

Absent: Crs Dodds and Allen

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That the motions be considered separately.

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

Against: Cr Tapscott

Absent: Crs Dodds and Allen

RESOLVED on the motion of Crs Tapscott and Fitzpatrick

That Council identify and endorse the following motion for forwarding to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on Monday 19 August 2019 to the LGNSW website.

Indicative category of the motion:	Governance of councils
Motion Title	An improved rating model
Motion Wording	That LGNSW advocate to the NSW State Government to change the rate peg model to allow Councils to generate revenue required to meet community service expectations as identified through the Integrated Planning and Reporting Framework.
Background note:	The IPART rating review has now been released and there are several recommendations in that report which would give Councils and their communities more flexibility in determining the services they require for the future. Disappointingly, the review does not include in its recommendations a simplified process for aligning rates income with community service expectations which is at the core of Integrated Planning and Reporting. This still requires resource intense special rate variation application processes to be followed to align income with service expectations. IPART recommends rating based on capital improved valuations (CIV) as a solution to increasing income to match service needs however this will not provide a solution to communities that do not have increasing CIV’s.
Indicate if the motion conflicts with one or more of the Fundamental Principles	No. The motion does not conflict with the Fundamental Principles.

In favour: Crs Fitzpatrick, Griff, McBain, Seckold and Tapscott

Against: Crs Bain and Nadin

Absent: Crs Dodds and Allen

RESOLVED on the motion of Crs McBain and Nadin

Indicative category of the motion:	Economic
Motion Title	NSW Business investment incentives
Motion Wording	That LGNSW advocate to the NSW State Government to implement business incentives to attract businesses out of metropolitan NSW and other jurisdictions to regional NSW and grow already existing local businesses. These incentives could include removal of stamp duty costs for property purchases, discussion around payroll tax, financial incentives for the employment of a set amount of local employees in line with a commitment to decentralisation to assist regional NSW to grow.
Background note:	Other States and Territories have incentives in place to attract businesses to their jurisdictions, often at the expense of economic activity within NSW. NSW should be competing to attract businesses to NSW as well as retaining businesses looking to relocate from Metropolitan areas of NSW due to urbanisation pressure and to also look at how we can make it viable and attractive to move businesses into regional areas.
Indicate if the motion conflicts with one or more of the Fundamental Principles.	No. The motion does not conflict with the Fundamental Principles.

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

Against: Nil

Absent: Crs Dodds and Allen

RESOLVED on the motion of Crs Bain and Griff

Indicative category of the motion:	Economic
Motion Title	Snowy Hydro Legacy Fund South East prioritisation
Motion Wording	The NSW State Government commit to funding transformational region building initiatives in rural and remote NSW as the first priority of expenditure from the Snowy Hydro Legacy Fund given the asset was located in the South East of the State.
Background note:	The Snowy Hydro Legacy Fund has been announced with a vision to fully implement the 20 year Economic Vision for Regional NSW. Whilst we agree with that vision, it should be aimed at those Councils that are in the South East of the State, who show population growth, have natural advantages and are looking to grow their economies.
Indicate if the motion conflicts with one or more of the Fundamental Principles	No. The motion does not conflict with the Fundamental Principles.

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

Against: Nil

Absent: Crs Dodds and Allen

RESOLVED on the motion of Crs McBain and Nadin

Indicative category of the motion:	Economic
Motion Title	State and Federal Government rate payments
Motion Wording	That LGNSW advocate that both State and Federal Government owned land be liable to pay rates as is required of private land owners with that income to be added to existing rate income of Councils.
Background note:	This land produces income via the sale of resources from the land or by selling access to the sites. These parcels of land are accessed using local road infrastructure and are heavily utilized by heavy vehicle movements of multiple passenger vehicles depending on the sites in question. It is incumbent upon the owners to contribute to the infrastructure of the surrounding shires.
Indicate if the motion conflicts with one or more of the Fundamental Principles	No. The motion does not conflict with the Fundamental Principles.

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

Against: Nil

Absent: Crs Dodds and Allen

RESOLVED on the motion of Crs Griff and Seckold

Indicative category of the motion:	Planning
Motion Title	Consistent definition of tiny houses
Motion Wording	That LGNSW call on the NSW Government to amend the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 to include a definition of tiny houses in NSW planning legislation, to offer a flexible, legitimate housing model.
Background note:	Affordable housing is widely recognised as a key national concern, yet the crisis escalates throughout urban and regional Australia. The Tiny House movement has gained momentum in Australia in the last six years for affordability and environmental reasons. Australia’s affordable housing crisis requires multiple different solutions. Tiny houses are just one small element, but they face legislative impediments. Innovative housing formats should be embraced and dealt with consistently. Tiny houses [on wheels] are currently defined as caravans and therefore subject to planning controls in relation to their suitability for permanent housing. To permit a tiny home to be sited on a parcel of vacant land, not in association with another dwelling, a separate and distinct classification of caravan should be created that addresses: • requirements to address building sustainability (as a caravan is not subject to Building Code of Australia or BASIX requirements), • built form development controls (setbacks, streetscape), • landscaped area controls, • amenity standards (privacy), • car parking, • vehicle access requirements (driveway crossover and siting under S138 of the Roads Act 1993), and • connection to reticulated water and sewerage services.
Indicate if the motion conflicts with one or more of the Fundamental Principles	No. The motion does not conflict with the Fundamental Principles.

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

Against: Nil

Absent: Crs Dodds and Allen

RESOLVED on the motion of Crs Griff and Seckold

Indicative category of the motion:	Environment - ecologically sustainable development
Motion Title	Community renewable energy hubs
Motion Wording	LGNSW urges the NSW Government to support local councils to establish community renewable energy hubs in their municipalities.
Background note:	LGNSW’s current policy statement (10.2) calls for “Ambitious but realistic policies and practices that promote council, community, industry and government commitment to renewable energy, energy conservation and energy efficiency.” Community solar farms and local energy sharing make obvious sense environmentally and also financially by enabling solar bulk buys, supporting local jobs, local suppliers and ultimately more affordable energy.
Indicate if the motion conflicts with one or more of the Fundamental Principles	No. The motion does not conflict with the Fundamental Principles.

In favour: Crs Griff, McBain, Seckold and Tapscott

Against: Crs Fitzpatrick, Bain and Nadin

Absent: Crs Dodds and Allen

An amendment to the motion by Crs McBain and Tapscott

That LGNSW advocates for a renewable energy target of 100% by 2030 and calls on the NSW Government to revise the NSW Renewable Energy Plan to adopt that target.

In favour: Crs McBain and Tapscott

Against: Crs Fitzpatrick, Bain, Nadin, Griff and Seckold

Absent: Crs Dodds and Allen

The amendment was LOST.

RESOLVED on the motion of Crs Griff and Seckold

Indicative category of the motion:	Environment
Motion Title	Renewable energy targets
Motion Wording	That LGNSW adopts a renewable energy target of 100% by 2030 and calls on the NSW Government to revise the NSW Renewable Energy Plan to also adopt that target.
Background note:	LGNSW Policy Platform 10.7 states LGNSW advocates for a renewable energy target of 40% by 2025 to support investment and market confidence in renewable energy projects. This target was settled in August 2017. Since this date, the Alliance of World Scientists (numbering 21,000 from 184 countries) has issued Warnings to Humanity and in 2018 the Intergovernmental Panel on Climate Change (IPCC) report have all stressed the need to quickly and substantially reduce greenhouse gas emissions. An increasing number of countries, cities and councils have recognized a climate emergency and committed to ambitious renewable energy targets. It is time to update the current LGNSW policy to reflect scientific advice and community sentiment. According to leading academic research (Diesendorf et al 2019), a target of 100% renewable electricity by 2030 is technically achievable and financially affordable, given the falling cost of renewables. The NSW Government’s current Renewable Energy Action Plan has a target of 20% renewables by 2020. It is timely that this target be revised upwards to provide clear direction to energy markets in NSW over the medium term
Indicate if the motion conflicts with one or more of the Fundamental Principles	No. The motion does not conflict with the Fundamental Principles.

In favour: Crs Griff, McBain, Seckold and Tapscott

Against: Crs Fitzpatrick, Bain and Nadin

Absent: Crs Dodds and Allen

04:17 pm Cr Nadin left the meeting.

04:20 pm Cr Nadin returned to the meeting.

RESOLVED on the motion of Crs Griff and Seckold

Indicative category of the motion:	Social and Community – Participation (Libraries, Arts and Culture)
Motion Title	Government support for rural and regional arts
Motion Wording	That LGNSW lobbies the Minister for the Arts and Create NSW to increase annual support to Regional Arts Development Organisations.
Background note:	LGNSW Policy 15.5 calls on State and Commonwealth governments to recognize the challenges for small, regional and remote councils and prioritise them for arts and cultural funding relative to the large State Cultural Institutions. There are 14 Regional Arts Development Organisations (RADOs) in NSW, which all receive $140,000 of annual funding. There has been no increase in this amount since 2011. Yet all operating costs have increased. Staff wage increases are very limited and professional development is unaffordable. All RADOs deliver high quality services to their regions and create innovative projects and leverage more financial support from funding philanthropy and sponsors. Government support for these programs should increase in line with increasing costs of service delivery.
Indicate if the motion conflicts with one or more of the Fundamental Principles	No. The motion does not conflict with the Fundamental Principles.

In favour: Crs Griff, McBain, Seckold and Tapscott

Against: Crs Fitzpatrick, Bain and Nadin

Absent: Crs Dodds and Allen

RESOLVED on the motion of Crs McBain and Tapscott

Indicative category of the motion:	Governance of Councils
Motion Title	Tourism Rating
Motion Wording	That LGNSW advocate to the NSW Government through the Minister for Local Government to expand rating categories to include a Tourism category to capture those businesses directly involved in Tourism or alternatively to allow those local councils impacted by tourism to attach a special levy to those properties directly involved in tourism.
Background note:	Many councils benefit from the tourism industry, however there is an impact to ensure that infrastructure is available for residents and tourists alike and the ongoing marketing and promotion of the Shire is required to ensure that industry is supported to the benefit of the wider community. At present councils are unable to apply a rate specifically to those properties that benefit from the marketing and promotion and any special variation for tourism purposes is either to a rating category or across the board. This would allow councils better flexibility to assist the tourism industry and cater for residents and tourists alike.
Indicate if the motion conflicts with one or more of the Fundamental Principles	No. The motion does not conflict with the Fundamental Principles.

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

Against: Nil

Absent: Crs Dodds and Allen

RESOLVED on the motion of Crs Tapscott and Seckold

That Council endorse the Mayor and Crs Fitzpatrick and Griff to be their nominated voting delegates for both types of voting: voting on motions; and voting in the Board election at the LGNSW Annual Conference.

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

Against: Nil

Absent: Crs Dodds and Allen

12.2

Proposed transfer of land to Quaama Men's Shed Incorporated

92/19

RESOLVED on the motion of Crs Fitzpatrick and McBain

1. That Council receive and note the report.

2. That Council approve the divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to Quaama Men’s Shed Incorporated, for the nominal sum of $1.00 which includes registration of a Restrictive Covenant that Lot 10 Sec 10 DP 758860 only be used for community purposes.

3. That the General Manager and the Mayor be authorised to execute a formal Deed of Agreement setting out the terms of the divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to Quaama Men’s Shed Incorporated as detailed in this report, noting the final deed details might be modified.

4. That Quaama Men’s Shed Incorporated be advised of Council’s decision

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

Against: Nil

Absent: Crs Dodds and Allen

12.3

Classification of various land parcels at Kalaru

93/19

RESOLVED on the motion of Crs Tapscott and Seckold

That Council give notice of its intention to classify Lot 36 DP 1253987 at Lot Stafford Drive, Kalaru and Lots 1 and 2 DP 1245874 at Sapphire Coast Drive, Kalaru as Operational Land under section 34 of the Local Government Act 1993 (NSW).

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

Against: Nil

Absent: Crs Dodds and Allen

12.4

Transfer of land from sewer fund to general fund

94/19

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1. That Council transfer Lots 1 and 2 in DP 1245874 as assets on Council’s Sewer Fund Balance Sheet, to assets on Council’s General Fund Balance sheet with a corresponding cash transfer from Council’s General Fund Balance Sheet of $250,000.

2. That a report be provided to Council to best consider the future use of Lots 1 and 2 in DP 1245874.

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

Against: Nil

Absent: Crs Dodds and Allen

13. Staff Reports – Finance

13.1

Certificate of Investment

95/19

RESOLVED on the motion of Crs Bain and Nadin

1. That Council receive and note the attached reports indicating Council’s investment position as at 30 June 2019.

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

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

Against: Nil

Absent: Crs Dodds and Allen

14. Councillor Reports

There were no Councillor reports.

15. Rescission/alteration Motions

There were no Rescission/alteration Motions.

16. Notices of Motion

There were no Notices of Motion.

17. Questions with Notice

17.1	Cr Tapscott Question on Notice - Minutes of S355 Committees
	The report published in the Agenda for the meeting of the 7 August 2019 was noted.

17.2	Cr Dodds Question on Notice - Guide Posts
	The report published in the Agenda for the meeting of the 7 August 2019 was noted.

17.3	Cr Tapscott Question on Notice - Grant money for sporting infrastructure
	The report published in the Agenda for the meeting of the 7 August 2019 was noted.

18. Confidential Business

There was no confidential business.

19. Noting of Resolutions from Closed Session

There were no resolution to note from previously closed session.

20. Declassification of reports considered previously in closed session

There were no declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 4.34 pm.

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 7 August 2019.