1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

124/19

RESOLVED on the motion of Crs Bain and Dodds

That the Minutes of the Ordinary Meeting held on 28 August 2019 as circulated, be taken as read and confirmed.

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

Against:                  Nil

11.3

Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve

Cr McBain declared at the beginning of the meeting a non pecuniary interest regarding Item 11.3, Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve on the basis that she lives in the vicinity of the Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve.  Cr McBain remained in the meeting room and took part in debate or voting.

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 clarified some points made during the Public Forum and noted no new issues were raised.

A motion was moved by Crs Dodds and Seckold

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

2.   That the Site Management Plan Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve September 2019 (provided to Councillors) is endorsed by Council and published          on Council’s website.

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 the information in the report and attachments is received and noted.

2.   That the matter be deferred and be brought back to the 30 October 2019 Council meeting.

3.   That Council support the location of the path on the map in the draft Site Management Plan - The Point and Dolphin Cove sites so funding agreements and expenditure can be progressed.

It was put to the vote and CARRIED.

125/19

RESOLVED on the motion of Crs Bain and Nadin

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

2.      That the matter be deferred and be brought back to the 30 October 2019 Council meeting.

3.      That Council support the location of the path on the map in the draft Site Management Plan - The Point and Dolphin Cove sites so funding agreements and expenditure can be progressed.

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

Against:                  Crs Griff, Seckold, Tapscott and Dodds

8.1

Re-establishment of Eden Alcohol Free Zone

126/19

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.   That Council re-establish an Alcohol Free Zone along Imlay and Chandos Streets, Eden, as recommended by NSW Police.

2.   That Council erects signage to enable NSW Police to undertake compliance activity within the proposed Alcohol Free Zone.

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

Against:                  Crs Griff and Dodds

9.1

Memorandum of Understanding with Animal Welfare League

127/19

RESOLVED on the motion of Crs Tapscott and Dodds

That Council delegates to the Mayor and General Manager authority to enter into a Memorandum of Understanding with Animal Welfare League, Attachment 1 of the report to support animal welfare management in Bega Valley Shire.

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

Against:                  Nil

Absent:                    Cr Nadin

9.2

Draft Community Engagement Strategy

128/19

RESOLVED on the motion of Crs Bain and Dodds

1.      That Council place the draft Community Engagement Strategy on public exhibition for a period of 28 days to seek broader community feedback.

2.    That, following conclusion of the exhibition period, a further report be provided to Council advising of the submissions made, any proposed amendments to the Community Engagement Strategy arising from those submissions, and seeking a resolution to adopt a final version of the Strategy.

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

Against:                  Nil

10.1

Tourism Marketing Services and Projects Update

129/19

RESOLVED on the motion of Crs Seckold and Bain

1.   That Council note the delivery of Tourism Marketing Services over the 2018/19 period and the Activity Plan for 2019/20.

2.   That Council note the range of other activities undertaken in the tourism sector that support the objectives of the Bega Valley Shire Council Economic Development Strategy 2016-21.

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

Against:                  Nil

11.1

North Bega Sewer Phase Two

A motion was proposed by Cr McBain

1.      That Council provide in principle support to Phase Two of the North Bega Sewer.

2.      That a further Councillor workshop on impacts on ratepayers, residential and non-residential be held and a further report be provided to Council.

A motion was moved by Crs Fitzpatrick and Seckold

1.      That Council note the contents of this report and the status of the North Bega Phase Two Sewer Project.

2.      That Council resolve to proceed with the Phase 2 Sewer Project as an improved hybrid gravity and pressure system for both the industrial and residential properties as detailed in this report.  Requiring a $7000 contribution from non-residential properties and no contribution up front from residential properties.

3.      That no headworks charges apply to residential properties for the first two years with full headworks to be required for connection after the first two years.

4.      That the connected charges will not apply until the first full financial year after the infrastructure is in place, and unconnected charges will not apply until the end of a two year period after completion of the works.

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

6.      That all affected property owners be notified of Council’s decision. 

7.      That Council note that Attachment 1 is confidential as the attachment relates to the personal hardship of a resident or ratepayer as per Section 10A(2)(b) of the Local Government Act 1993.

It was put to the vote and CARRIED.

A motion was foreshadowed by Cr Allen

1.      That Council note the contents of this report and the status of the North Bega Phase Two Sewer Project.

2.      That Council resolve to proceed with the Phase 2 Sewer Project as an improved hybrid gravity and pressure system for both the industrial and residential properties as detailed in this report.

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

4.      That all affected property owners be notified of Council’s decision. 

130/19

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.      That Council note the contents of this report and the status of the North Bega Phase Two Sewer Project.

2.      That Council resolve to proceed with the Phase 2 Sewer Project as an improved hybrid gravity and pressure system for both the industrial and residential properties as detailed in this report.  Requiring a $7000 contribution from non-residential properties and no contribution up front from residential properties.

3.      That no headworks charges apply to residential properties for the first two years with full headworks to be required for connection after the first two years.

4.      That the connected charges will not apply until the first full financial year after the infrastructure is in place, and unconnected charges will not apply until the end of a two year period after completion of the works.

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

6.      That all affected property owners be notified of Council’s decision. 

7.      That Council note that Attachment 1 is confidential as the attachment relates to the personal hardship of a resident or ratepayer as per Section 10A(2)(b) of the Local Government Act 1993.

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

Against:                  Crs Fitzpatrick, Bain and Allen

11.2

Classification of various land parcels at Kalaru and Bega

Cr Seckold declared a non pecuniary interest regarding Item 11.2, #insert session#  on the basis that Chair of the Kalaru to Tathra biketrack (part of the Bega Tathra Saferide.  Cr Seckold remained in the meeting room and took part in debate and voting.

131/19

RESOLVED on the motion of Crs Bain and Tapscott

1.    That Council note the 28 day public notification process was completed regarding the proposal to classify Lot 36 DP 1253987 at Lot Stafford Drive, Kalaru, Lots 1 and 2 DP 1245874 at Sapphire Coast Drive, Kalaru and Lot 111 DP 1242074 at Bega as operational land, with no submissions received.

2.    That Council resolve to classify Lot 36 DP 1253987, Lots 1 and 2 DP 1245874 at Kalaru and Lot 111 DP 1242074 at Bega as operational land under Section 31 of the Local Government Act 1993 (NSW).

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

Against:                  Nil

12.1

Gift Register - September 2018 to August 2019

132/19

RESOLVED on the motion of Crs Bain and Griff

That Council note the Gift Register activities between 1 September 2018 and 31 August 2019.

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

Against:                  Nil

12.2

Statement by Candidates for the position of Deputy Mayor

The General Manager as Returning Officer advised that she had received two formal nominations for position of Deputy Mayor, announced in order of receipt, being:

Cr Tapscott

Cr Nadin

133/19

RESOLVED on the motion of Crs Fitzpatrick and Dodds

That Council note the presentations from the following Candidates for the position of Deputy Mayor:

Deputy Mayor Candidates:

Cr Tapscott

Cr Nadin

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

Against:                  Nil

12.3

Election of Deputy Mayor

A motion was moved by Crs Fitzpatrick and Griff

1.      That the election of Deputy Mayor for the period until September 2020 proceed as outlined in the report with appropriate resolutions.

2.      That the election of the Deputy Mayor for the period until September 2020 proceed by open voting by way of show of hands.

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

Against:                  Nil

The Returning Officer asked for open voting by way of show of hands for:

Cr Tapscott  – Crs Griff, McBain, Seckold, Tapscott and Dodds

The Returning Officer advised that a majority of Councillors had voted for Cr Tapscott for the position of Deputy Mayor. Cr Tapscott was declared elected for the period until September 2020.

134/19

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That the Chief Executive of the Office of Local Government and the Chief Executive of the Local Government NSW be advised of the result of the election of the Deputy Mayor for the period until September 2020.

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

Against:                  Nil

12.4

Appointment of a Code of Conduct Review Panel

135/19

RESOLVED on the motion of Crs McBain and Griff

1.    That Council adopt the Code of Conduct Review Panel established by the Canberra Region Joint Organisation (CRJO) to operate from 1 June 2019 to 30 June 2022,

2.    That the following eleven (11) consultants/entities be appointed to the Bega Valley Shire Council’s Conduct Review Panel till 30 June 2022:

1.  Echidna Associates

2.  Meehan and Meehan

3.  Applied Integrity Solutions

4.  Sinc Solutions

5.  Centium

6.  O'Connor Marsden

7.  Aust Workplace Training

8.  Weir Consulting

9.  Mediate Today

10.  Nemesis Consultancy Group

11.  Redenbach Lee Lawyers

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

Against:                   Crs Fitzpatrick and Allen

13.1

Certificate of Investment July 2019

136/19

RESOLVED on the motion of Crs Bain and Tapscott

1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 July 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

13.2

Certificate of Investment August 2019

137/19

RESOLVED on the motion of Crs Tapscott and Bain

1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 August 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

13.3

Financial Statements - Request for extension

138/19

RESOLVED on the motion of Crs Tapscott and Seckold

That Council approve the application for extension of the 2019 Financial Statements to 30 November 2019.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

17.1

Approach to nature strip planting across the Shire

The Director Community Environment and Planning advised that Council has programed this work which is to develop a policy around the nature strip planting for 2020/2021.

Question with Notice

Would Council staff please advise on future plans to facilitate diversity in nature strip planting in residential areas across the Shire?

17.2

Grave digging tender - Request for report

The report published in the Agenda for the meeting of the 18 September 2019 was noted.

The Director Assets and Operations replied to a clarifying question from Cr Bain relating to the process of reporting to Councillors on tender reguisations.

17.3

Cr Kristy McBain - Parking Market Street, Merimbula

The report published in the Agenda for the meeting of the 18 September2019 was noted, and the General Manager acknowledged that a report would be presented.