1.

Apologies

There were no apologies

2.

Confirmation of Minutes

158/19

RESOLVED on the motion of Crs Bain and Seckold

That the Minutes of the Ordinary Meeting held on 9 October 2019 as circulated, be taken as read and confirmed.

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

Against:                  Nil

ABSENT:                    Cr Griff

8.1

Public Exhibition of Draft Bega Valley Shire Climate Resilience Strategy

A motion was moved by Cr Nadin and Cr Bain

1.   That Council publicly exhibit the draft Bega Valley Shire Climate Resilience Strategy         (Attachment 1) for a period of not less than 42 days.

2.    That following the conclusion of the public exhibition, Council staff prepare a further report         to Council with the report to include details of any legal or financial impediment to economic         or agricultural development within the Shire, and any additional costs from         implementation to the ratepayers of the Shire.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Seckold, Tapscott, Dodds and Griff

159/19

RESOLVED on the motion of Crs Nadin and Bain

1.   That Council publicly exhibit the draft Bega Valley Shire Climate Resilience Strategy         (Attachment 1) for a period of not less than 42 days.

2.    That following the conclusion of the public exhibition, Council staff prepare a further report         to Council with the report to include details of any legal or financial impediment to economic         or agricultural development within the Shire, and any additional costs from         implementation to the ratepayers of the Shire.

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

Against:                  Nil

9.1

Evaluation of the of the Bega Valley Shire Council’s Bushfire Recovery Support Service for Tathra and District and Yankees Gap District

Cr Dodds declared a non-pecuniary, and less than significant, interest regarding Item 9.1 Evaluation of the of the Bega Valley Shire Council’s Bushfire Recovery Support Service for Tathra and District and Yankees Gap District on the basis that she was a recipient of services delivered by the support service.

Cr Dodds remained in the Chamber, taking part in debate and voting.

02:30 pm       Cr Griff left the meeting.

02:31 pm       Cr Griff returned to the meeting.

160/19

RESOLVED on the motion of Crs Bain and Nadin

That Council:

1.    Note the evaluation of the Bega Valley Shire Council’s Bushfire Recovery Support Service         for Tathra and District and Yankees Gap District (Attachments 1 and 2).

2.    Communicate the evaluation recommendations (Attachment 1), for the benefit of others         responding to similar emergency events, by providing copies to emergency service         providers and making them publicly available on Council’s website.

3.    Work to implement the recommendations of the evaluation that are within its sphere of         influence (Recommendations 2, 3, 4, 5, 6, 7, 8, 9).

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

Against:                  Nil

9.2

Proposal to Establish an Alcohol-free Zone at Biamanga National Park

161/19

RESOLVED on the motion of Crs Bain and Dodds

1.        That Council resolve to support, in principle and subject to community feedback, the Biamanga National Park Board of Management’s request to establish an alcohol-free zone at the Aboriginal Cultural Area in Biamanga National Park.

2.         That Council publicly exhibit the proposed Biamanga National Park alcohol-free zone (Attachment 1) for not less than 30 days.

3.        That staff prepare a further report to Council following public exhibition.

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

Against:                  Nil

11.1

Effluent Re-use and Storage at Pambula Merimbula Golf Course

Cr Tapscott declared a non-pecuniary but less than significant interest regarding Item 11.1 Effluent Re-use and storage at Pambula Merimbula Golf Course on the basis that she is a social member of Pambula Merimbula Golf Course and her niece’s husband works there.

Cr Tapscott remained in the Chamber, taking part in debate and voting.

A motion was moved by Crs Bain and Fitzpatrick

1.  That Council allocate $65,000 from the sewer fund for Council to engage a consultant to         undertake the irrigation capacity assessment, water balance, and conceptual design of an         effluent storage dam on the Pambula Merimbula Golf Club (PMGC), and seek additional         funding of the $10,000 required from the PMGC for this consultancy

2.  That a draft agreement between BVSC and PMGC be negotiated, including who will pay for         any construction of the effluent storage dam and who is responsible for the compliance with       EPA Guidelines.

3.  That Councillors be provided with a full report and costing of all treated effluent re-use         options across              the shire.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Allen

A motion was foreshadowed by Cr Allen

That Councillors be provided with a full report and costing of all treated effluent re-use options across the shire.

162/19

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.  That Council allocate $65,000 from the sewer fund for Council to engage a consultant to        undertake the irrigation capacity assessment, water balance, and conceptual design of an        effluent storage dam on the Pambula Merimbula Golf Club (PMGC), and seek additional        funding of the $10,000 required from the PMGC for this consultancy

2.  That a draft agreement between BVSC and PMGC be negotiated, including who will pay for        any construction of the effluent storage dam and who is responsible for the compliance with        EPA Guidelines.

3. That Councillors be provided with a full report and costing of all treated effluent re-use        options across the shire.

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

Against:                  Cr Allen

11.2

Bega Valley Local Traffic Committee

163/19

RESOLVED on the motion of Crs Bain and Nadin

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

Tathra Wharf to Waves January 2020

1.    That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 18 January 2020 be approved.

2.    That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 18 January 2020, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the 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 RMS by name for the event.

6.    That prior to conducting the event, organisers have written approval from NSW Police Force and NSW National Parks and Wildlife Service.

7.    That the organisers advertise the change to traffic conditions for the event.

8.    That local emergency services and transport operators be notified prior to the event.

Installation of accessible parking at Lions Park Mogareeka

Council approve the installation of two accessible car spaces and shared zone in the Lions Park, Mogareeka in the location as indicated on the draft concept plan.

Installation of accessible parking at Wyndham Memorial Park

Council approve the installation of an accessible car space and shared zone in the Wyndham Memorial Park off Monaro Street, Wyndham in the location as indicated on the draft concept plan.

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

Against:                  Nil

11.3

Merimbula Ocean Outfall Diffuser Location

164/19

RESOLVED on the motion of Crs Bain and Dodds

That Council adopt the treatment option 3B, inclusive of two point phosphorous removal and sand filtration with UV disinfection upgrade,  “north short” option, utilising horizontal directional drilling and lay on-sea-floor to CH.3500 as the basis for detailed environmental assessment and conceptual design.

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

Against:                  Nil

11.4

North Tura Beach Site Management Plan (SMP)

Cr McBain declared a non-pecuniary less than significant interest regarding Item 11.4 North Tura Beach Site Management Plan (SMP) on the basis that she lives in the vicinity of the Tura Coastal Reserve where the SMP is proposed.

Cr McBain remained in the Chamber and voted on the item.

A motion was moved by Crs Dodds and Griff

That Council endorse the October 2019 Draft Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve Site Management Plan with the changes identified in the attachment, and removing “All vegetation replanting – the mature height is not to exceed 1.5m. Transitional planting from low to high to be instigated along vegetation boundaries” from Item 2 of Attachment B.

The motion was put to the vote and it was LOST

In favour:             Crs Tapscott, Griff and Dodds

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

A motion was foreshadowed by Cr Fitzpatrick and Cr Bain

That Council endorse the October 2019 Draft Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve Site Management Plan with the changes identified.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs McBain and Nadin

A motion was Foreshadowed by Cr McBain

That Council endorse the October 2019 Draft Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve Site Management Plan with the changes identified in the attachment, amending page 15 to remove the word “bi-annual” and include the words “ as required during volunteer working bees and amending attachment “B1 site map” to show revegetation across the cliff edge leaving the picnic/viewing point accessible.

04:08 pm       Cr Nadin left the meeting.

04:11 pm       Cr Nadin returned to the meeting.

165/19

RESOLVED on the motion of Crs Fitzpatrick and Bain

That Council endorse the October 2019 Draft Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve Site Management Plan with the changes identified.

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

Against:                  Crs Nadin and McBain

12.1

Tender for the Supply of Electricity for Buildings & Facilities and Unmetered Public Lighting

04:21 pm       Cr Dodds left the meeting.

04:24 pm       Cr Dodds returned to the meeting.

166/19

RESOLVED on the motion of Crs Bain and Seckold

1.         That Council note the report and accept the Local Government Procurement evaluated              outcome outlined in the Confidential attachment

2.         That authority is delegated to the General Manager to execute all necessary              documentation to accept the Local Government Procurement Retail Electricity Contracts.

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

Against:                  Nil

12.2

Related Party and Pecuniary Interest Disclosure Returns 1 July 2018 to 30 June 2019

167/19

RESOLVED on the motion of Crs Nadin and Griff

That Council note the report on the lodgement of Related Party Returns and Disclosures by Councillors and Designated Persons Return forms for the period ending 30 June 2019 and the positions required to submit returns for the period ending 30 June 2020.

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

Against:                  Nil

12.3

Draft Organisational Service Standards Policy

168/19

RESOLVED on the motion of Crs Dodds and Bain

1.    That Council publicly exhibit draft Policy 6.13 – Organisational Service Standards         (Attachment 1) for a period of not less than 42 days.

2.    At the conclusion of the public exhibition period, Council officers either finalise the Policy,         if     there are no material changes arising from the exhibition process, or prepare a further         report to Council identifying proposed changes to the Policy.

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

Against:                  Nil

13.1

Referral of the 2018/19 Financial Statements to Audit

The attachments pertaining to the report on this Item 13.1 Referral of the 2018/19 Financial Statements to Audit  were tabled:

1.              General Purpose Financial Statement             Year Ending 30/6/19

2.              Special Purpose Financial Statement Year Ending 30/6/19

The attachments are available for viewing on Council’s website:

http://begavalley.infocouncil.biz/Open/2019/10/OC_30102019_AGN_518_AT_SUP_WEB.htm

169/19

RESOLVED on the motion of Crs Seckold and Dodds

1.       That Council resolve that the Council’s General Purpose Financial Report is prepared in accordance with:

a)    The Local Government Act 1993 (as amended) and the Regulations made there under; and

b)    The Australian Accounting Standards and professional pronouncements; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)    Presenting fairly the Council’s operating result and financial position for the year; and

e)    Accord with Council’s accounting and other records.

2.       The Council’s Special Purpose Financial Reports are prepared in accordance with:

a)    NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b)    Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)    The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e)    Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f)     Accord with Council’s accounting and other records.

3.       That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way and include such information in the statement.

4.       That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the Statement required by Section 413(2)(c) of the Local Government Act 1993.

5.    That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

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

Against:                  Nil

13.2

Certificate of Investment

170/19

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 30 September 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

16.1

Popularly elected Mayor

Cr Nadin moved an amendment to the original notice of motion:

1.         That Council hold a constitutional referendum at the 2020 Council elections with the              question to be “That the Bega Valley Shire Council Mayor be elected by the electors” and              include provisions for the increased election costing in forward estimates for the 2020/21              financial year.

2.         That Council withdraw its membership from Local Government NSW from 2020, which              would result in a reduction in expenditure in the 2020-21 budget, and redistribute those              savings towards the additional costs of financing the referendum for a popularly elected              mayor at the 2020 general council election. 

A point of clarification was called by Cr Griff regarding the discussion of Cr Nadin’s experience at the recent Local Government NSW conference.

The Mayor clarified Cr Nadin is allowed to discuss how item 2 would be funded.

The Mayor requested Cr Nadin to withdraw his personal statement regarding Local Government NSW.

A point of order was called by Cr Bain regarding Cr Griff’s comments regarding popularly elected mayor.

The Mayor ruled against the point of order and called a point of clarification.

A motion was foreshadowed by Cr Fitzpatrick

1.         That Council hold a constitutional referendum at the 2020 Council elections with the              question to be “That the Bega Valley Shire Council Mayor be elected by the electors” and              include provisions for the increased election costing in forward estimates for the 2020/21              financial year.

Cr Nadin withdrew his amendment to the original notice of motion:

1.         That Council hold a constitutional referendum at the 2020 Council elections with the              question to be “That the Bega Valley Shire Council Mayor be elected by the electors” and              include provisions for the increased election costing in forward estimates for the 2020/21              financial year.

2.         That Council withdraw its membership from Local Government NSW from 2020, which              would result in a reduction in expenditure in the 2020-21 budget, and redistribute those              savings towards the additional costs of financing the referendum for a popularly elected              mayor at the 2020 general council election. 

A point of order was called by Cr Bain regarding the attention of Councillors during Cr Nadin’s address.

The Mayor ruled against the point of order.

171/19

A motion was moved by Crs Nadin and Bain

Notice of Motion

1.         That Council hold a constitutional referendum at the 2020 Council elections with the              question to be “That the Bega Valley Shire Council Mayor be elected by the electors” and              include provisions for the increased election costing in forward estimates for the 2020/21              financial year.

The motion was put to the vote and it was LOST

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, McBain, Seckold, Tapscott and Dodds

16.2

Correspondence Bega Valley Shire Residents and Ratepayers Association

172/19

RESOLVED on the motion of Crs Fitzpatrick and Seckold

Notice of Motion

That Council staff only respond to the BVSRRA correspondence within the priorities of the Council’s resources and that any items requiring current or historical financial data be refused until Council staff are in a position to reply.

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

Against:                  Cr Nadin

Abstained:             Cr Bain

A motion was Foreshadowed by Cr Bain

That with the exception of a claim of corruption, or a query over finances, that the BVSRRA queries be dealt with as Council staff resources permit.

17.1

Cemetery Review

A report regarding this matter was presented to Council for consideration.

17.2

"About Regional" use of BVCCC

A report regarding this matter was presented to Council for consideration.

17.3

Water Restrictions

A report regarding this matter will be presented to Council for consideration.

17.4

Councillor Expenses

A report regarding this matter was presented to Council for consideration.