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PresentCr Kristy McBain, Mayor Cr Sharon Tapscott, Deputy Mayor Cr Tony Allen Cr Robyn Bain Cr Jo Dodds Cr Russell Fitzpatrick Cr Cathy Griff Cr Mitchell Nadin Cr Liz Seckold |
In AttendanceGeneral Manager, Ms Leanne Barnes Director, Assets and Operations, Mr Anthony McMahon Director, Community, Environment and Planning, Dr Alice Howe Acting Director, Business and Governance, Mr Daniel Murphy Coordinator, Communication and Events, Ms Ariane Rummery Minute Secretary, Mrs Bec Jones |
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 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 visitors to the gallery may be recorded.
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.
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Apologies |
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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
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Pecuniary Interest
There were no Pecuniary Interest declarations.
Non Pecuniary Interest
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 advised she would remain in the Chamber and take part in debate and voting.
Cr Dodds declared a non-pecuniary, but 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 advised she would remain in the Chamber and take part in debate and voting.
Cr McBain declared a non-pecuniary, but 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 advised she would remain in the Chamber and take part in debate and voting.
2:02pm Cr Griff entered the Chamber
Report by Mayor of deputations heard prior to the meeting
The following requests were heard prior to the meeting regarding:
• Mr John James
• Ms Vivian Harris
• Mr Russell Jennings
• Mr David Jesson
• Mr Fraser Buchanan
• Mr Peter Haar
• Mr Lindon Thompson
• Mr Jeff Maldon
• Mr Chris Young
• Mr Ian Campbell
5. Petitions
There were no petitions.
There were no mayoral minutes.
There was no urgent business.
8.1 |
Public Exhibition of Draft Bega Valley Shire Climate Resilience Strategy |
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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
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RESOLVED on the motion of Crs Nadin and Bain1. 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 |
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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.
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RESOLVED on the motion of Crs Bain and NadinThat 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 |
RESOLVED on the motion of Crs Bain and Dodds1. 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 |
There were no Economic Development and Business Growth Reports.
11.1 |
Effluent Re-use and Storage at Pambula Merimbula Golf Course |
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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. |
RESOLVED on the motion of Crs Bain and Fitzpatrick1. 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 |
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RESOLVED on the motion of Crs Bain and NadinThat Council adopt the following recommendations of the Bega Valley Local Traffic Committee: Tathra Wharf to Waves January 20201. 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 MogareekaCouncil 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 ParkCouncil 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 |
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RESOLVED on the motion of Crs Bain and DoddsIn favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
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11.4 |
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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.
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RESOLVED on the motion of Crs Fitzpatrick and BainThat 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
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12.1 |
Tender for the Supply of Electricity for Buildings & Facilities and Unmetered Public Lighting |
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04:21 pm Cr Dodds left the meeting. 04:24 pm Cr Dodds returned to the meeting.
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RESOLVED on the motion of Crs Bain and Seckold1. 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 |
RESOLVED on the motion of Crs Nadin and GriffThat 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
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12.3 |
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RESOLVED on the motion of Crs Dodds and Bain1. 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 |
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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 |
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 |
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13.2 |
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RESOLVED on the motion of Crs Bain and Tapscott1. 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 |
There were no councillor reports.
15. Rescission/alteration Motions
There were no rescission/alteration motions.
16.2 |
Correspondence Bega Valley Shire Residents and Ratepayers Association |
RESOLVED on the motion of Crs Fitzpatrick and SeckoldNotice of MotionThat 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 |
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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.
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17.1 |
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A report regarding this matter was presented to Council for consideration. |
17.2 |
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A report regarding this matter was presented to Council for consideration. |
17.3 |
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A report regarding this matter will be presented to Council for consideration. |
17.4 |
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A report regarding this matter was presented to Council for consideration. |
There was no confidential business.
There were no noting of resolutions from closed session.
There was no declassification of reports considered previously in closed session.
There being no further business, the Chairperson closed the meeting at 5:28 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 30 October 2019.