Ordinary  Meeting Minutes

Held on Wednesday 6 November 2019

At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega Commencing at 2:00pm

 


 Present

Cr 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 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, Mr Daniel Murphy

Manager, Communication and Events, Ms Ariane Rummery

Minute Secretary, Mrs Bec Jones

 

 

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 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.

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

 

There were no apologies.

 

 

 

2.

Confirmation of Minutes

173/19

RESOLVED on the motion of Crs Allen and Seckold

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

Against:                  Nil

That the Minutes of the Ordinary Meeting held on 30 October 2019 as circulated, be taken as read and confirmed.

 

3.        Declarations

There were no declarations of interest

4.              Public Forum

           Report by Mayor of deputations heard prior to the meeting

There were no deputations heard prior to the meeting.

5.        Petitions

There were no petitions.


 

6.        Mayoral Minutes

6.1

Recycling Campaign - Local Government NSW

174/19

RESOLVED on the motion of Cr McBain

 

1.    That Council acknowledges the growing imperative to manage waste and recycling within NSW and calls for urgent action from the State Government to help build a circular economy in NSW.

2.    That Council recognises initiatives and projects taken within the Bega Valley local government area to help achieve this goal, including those initiatives identified in the 2018-2028 Waste Strategy.

3.    That Council endorses Local Government NSW’s sector-wide Save our Recycling campaign, and asks the State Government to reinvest the Waste Levy by:

        a.    Funding councils to collaboratively develop regional-scale plans for the future of waste and recycling in their regions

        b.    The delivery of the priority infrastructure and other local government projects needed to deliver regional-scale plans, particularly where a market failure has been identified

        c.     Support for the purchase of recycled content by all levels of government, to help create new markets

        d.    Funding and delivery of a state-wide education campaign on the importance of recycling, including the right way to recycle, the purchase of products with recycled content and the importance of waste avoidance.

4.    That Council write to the local State Member(s), Minister for Energy and Environment the Hon Matthew Kean MP, Local Government Minister the Hon Shelley Hancock MP, NSW Treasurer the Hon Dominic Perrottet MP, Premier the Hon Gladys Berejiklian MP, Opposition Leader Jodi McKay MP, Shadow Minister for Environment and Heritage Kate Washington MP, and Shadow Minister for Local Government Greg Warren MP to confirm their support for recycling and outline the urgent need to educate, innovate and invest in local waste and recycling services via the Waste Levy.

5.    That Council shares and promotes the Save Our Recycling campaign via its digital and social media channels and via its networks.

 

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

 

 

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

11.1

Tura Beach Country Club tenure

175/19

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.    That Council receive and note the report.

2.    That subject to determination of the Aboriginal Land Claim and a Native Title assessment,         Council, as Crown Land Manager of Reserve (R95834), approve a further twenty year lease         to    the Tura Beach Country Club Limited, for their continued occupation of the Tura Beach         golf course land, for an annual market rental as determined by a registered Valuer.

3.    That Tura Beach Country Club Limited be responsible for the payment of all costs         associated with the preparation of the lease including the determination of the Aboriginal         Land Claim and a Native Title assessment.

4.    That Council authorise the General Manager and Mayor to execute all necessary        documentation to provide further tenure of twenty years.

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

Against:                  Nil

 

11.2

Draft BVSC Public Toilets Strategy

 

A motion was moved by Crs Nadin and Bain

1.         That Council note the actions in the report but deem the draft strategy incomplete and              insufficient for adoption or public exhibition.

2.         That staff provide Councillors with a comprehensive draft strategy, including a relevant              action plan to come back to Council in the first quarter of 2020.

3.         That the strategy include a suggested budget amount for the 2020-21 budget.

Amendments to the motion were proposed by Cr McBain

1.         That Council note the actions in the report. but deem the draft strategy incomplete and              insufficient for adoption or public exhibition.

2.         That staff provide Councillors with a comprehensive draft strategy, including a relevant              action plan to come back to Council in the first meeting quarter of 2020.

3.         That the strategy include a suggested budget amount for the 2020-21 budget.

The amendments were accepted by Crs Nadin and Bain

1.         That Council note the actions in the report.

2.         That staff provide Councillors with a comprehensive draft strategy, including a relevant              action plan to come back to Council in the first quarter of 2020.

3.         That the strategy include a suggested budget amount for the 2020-21 budget.

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

A motion was foreshadowed by Cr Dodds

That Council endorse the Draft Bega Valley Shire Council Public Toilets Strategy

 

176/19

RESOLVED on the motion of Crs Nadin and Bain

1.         That Council note the actions in the report.

2.         That staff provide Councillors with a comprehensive draft strategy, including a relevant              action plan to come back to Council in the first quarter of 2020.

3.         That the strategy include a suggested budget amount for the 2020-21 budget.

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

Against:                  Crs Griff, Seckold, Tapscott and Dodds

 

 

 

11.3

EOI 61/19 Occupation and management of the Bega Indoor Sports Stadium and Old Bega Race Course

177/19

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council receive and note this report and Confidential Report attached.

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

Against:                  Nil

178/19

RESOLVED on the motion of Crs Bain and Nadin

 

1.            That Council accepts the Expression of Interest Submission from fLiNG physical theatre                 incorporated as detailed in their EOI Submission

2.            That Council approve a further two year licence agreement with an option for a further year to fLiNG Physical Theatre Incorporated for their continued occupation of the Bega Indoor Sports Stadium for an annual rental fee as determined by a formal market valuation and increased annually by CPI

3.            That Council note the licence agreement will include a suitable clause to ensure that the redevelopment of the site is not negatively impacted by entering into a tenure arrangement

4.            That Council authorise the General Manager and Mayor to execute the necessary licence documentation to provide further tenure of two years

5.            That Council authorise the General Manager and Mayor to enter into negotiations with                 the second applicant, should the successful applicant decide not to accept Council’s                       conditions, in relation to lease responsibilities.

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

Against:                  Cr Seckold

 

 

 

 

 

 

11.4

BVSC Contracted Beach Lifeguard Services

179/19

RESOLVED on the motion of Crs Allen and Bain

1.         That Council continue to apply a risk management approach to utilise available BVSC              funding for provision of Summer Beach Lifeguard Services based on external reports and              advice from professional service providers.

2.         That Council acknowledge the efforts of the Tathra Chamber of Commerce support them in              their efforts to externally fund the Tathra February Lifeguard Services.

3.         That Council continue to assist in the provision of additional lifeguard services through              administration of a variation to the Contract for Provision of Beach Lifeguard Services. 

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

Against:                  Nil

 

 

12.      Staff Reports – Governance and Strategy

There were no Community, Culture and Leisure reports.

 

13.      Staff Reports – Finance

 

13.1

Southern Phone share acquisition offer

 

A motion was moved by  Crs Griff and Dodds

1.     That Bega Valley Shire Council formally resolve to approve the sale of the Bega Valley Shire          Council Southern Phone shares to AGL and provide authority to the General Manager to          sign the required Power of Attorney

2.     That Bega Valley Shire Council vote in favour of a special resolution to update the          Company’s constitution at the 2 December 2019 Extraordinary General Meeting.

3.     That Council establish a Southern Phone Reserve and deposit the return from the          share sale into this Reserve to fund Council’s contribution to Festivals, Events and          Community Donations annually.

The motion was put the vote and it was LOST

In favour:             Crs Griff and Tapscott

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

 

A motion was foreshadowed by Crs Bain and Allen

 

That the matter be deferred for a workshop and report back to Council providing the position of AGL in terms of their interest in the communication sector.

 

180/19

RESOLVED on the motion of  Crs Bain and Allen

1.    That the matter be deferred for a workshop and report back to Council providing the position         of AGL in terms of their interest in the communication sector.

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

Against:                  Nil

 

13.2

Quarterly Budget Review Statement - 30 September 2019

181/19

RESOLVED on the motion of Crs Bain and Griff

1.         That Council receive and note the September 2019 Quarterly Budget Review.

2.         That the budget recommendations detailed within the September quarterly budget review              be adopted.

3.         That Council note that the removal Upper Brogo sealing as a capital project which                              was included incorrectly as a variation and endorse retaining it in the budget noting             the subsequent changes to the capital budget and cash flow

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

Against:                  Nil

 

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

There were no questions with notice.

18.      Confidential Business

There was no confidential business.

19.      Noting of Resolutions from Closed Session

There were no resolutions 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 4:06 pm.

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 6 November 2019.