1.

Apologies

182/19

RESOLVED on the motion of Crs Nadin and Seckold

That a leave of absence for Cr Robyn Bain for the meeting of Wednesday 27 November 2019 be accepted

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

Against:                  Nil

2.

Confirmation of Minutes

183/19

RESOLVED on the motion of Crs Bain and Allen

That the Minutes of the Ordinary Meeting held on 6 November 2019 as circulated, be taken as read and confirmed.

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

Against:                  Nil

11.1

Bermagui all-Inclusive Playspace - Final Concept Design

A motion was moved by Cr Allen and Nadin

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

2.    That Council endorse the final concept design for the Bermagui all-inclusive Playspace, with         the following amendments included: that  the Playspace to be completely fenced with black         mesh fence 1.2 metres high, that the design include a 3.2 metre passage on the western side        of the playground for vehicular access to the fish weigh station and for emergency access, and that no shared pathway will be installed until the project is complete and operating.

3.    That Council delegate authority to the General Manager to procure items of play equipment         specified by the landscape architect.

4.    That Council delegate authority to the General Manager, if required, to endorse amendments    to the design to fit within the project budget.

The motion was put the vote and it was CARRIED

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

Against:                  Crs Dodds

A motion was foreshadowed by Cr Dodds

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

2.    That Council endorse the final concept design for the Bermagui all-inclusive Playspace.

3.    That Council delegate authority to the General Manager to procure items of play equipment specified by the landscape architect.

4.    That Council delegate authority to the General Manager, if required, to endorse amendments    to the design to fit within the project budget.

184/19

RESOLVED on the motion of Crs Allen and Nadin

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

2.    That Council endorse the final concept design for the Bermagui all-inclusive Playspace, with         the following amendments included: that  the Playspace to be completely fenced with black         mesh fence 1.2 metres high, that the design include a 3.2 metre passage on the western side        of the playground for vehicular access to the fish weigh station and for emergency access, and that no shared pathway will be installed until the project is complete and operating.

3.    That Council delegate authority to the General Manager to procure items of play equipment         specified by the landscape architect.

4.    That Council delegate authority to the General Manager, if required, to endorse amendments    to the design to fit within the project budget.

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

Against:                  Cr Dodds

11.2

Public Exhibition of draft Eden, Twofold Bay and Towamba Flood Study.

A motion was moved by Crs Dodds and Seckold

1.      That Council note the draft flood study report and preliminary findings.

2.       That the draft flood study report be placed on public exhibition for a period of 28 days.

The motion was put to the vote and it was LOST

In favour:             Crs McBain, Seckold, Tapscott and Dodds

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

A motion was foreshadowed by Crs Bain and Fitzpatrick

1.      That Council note the draft flood study report and preliminary findings.

2.       That the draft flood study report be placed on public exhibition for a period of 28 days.

3.    That Council work with the local community to seek opportunities to restore creeks that               feed into Lake Curalo.

The motion was put to the vote and it was CARRIED

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

Against:                  Nil

185/19

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.      That Council note the draft flood study report and preliminary findings.

2.       That the draft flood study report be placed on public exhibition for a period of 28 days.

3.    That Council work with the local community to seek opportunities to restore creeks that               feed into Lake Curalo.

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

Against:                  Nil

12.1

Audit, Risk and Improvement Committee Annual Report

A motion was moved by Crs Nadin and Griff

1.              That Council note the Audit Risk and Improvement Committee Annual Report 2018/2019.

2.              That Council note the current organisational structure consideration in relation to              resourcing, to support Emergency Risk Management and the Audit, Risk and Improvement          Committee.

The motion was put to the vote and it was CARRIED

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

Against:                  Nil

186/19

RESOLVED on the motion of Crs Nadin and Griff

1.         That Council note the Audit Risk and Improvement Committee Annual Report 2018/2019.

2.        That Council note the current organisational structure consideration in relation to             resourcing, to support Emergency Risk Management and the Audit, Risk and Improvement         Committee.

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

Against:                  Nil

13.1

Engagement report - swimming pools discussion paper and SRV funding model

A motion was moved by Crs Allen and Fitzpatrick

To achieve Council’s currently resolved position of having a fit for purpose, six-pool aquatic strategy it is recommended that:

1. Council resolves to notify the Independent Pricing and Regulatory Tribunal (IPART) by 29 November 2019 of its intention to apply for a Special Rate Variation (SRV), under section 508(A) of the Local Government Act 1993, for a three (3) year SRV above the rate peg amount to be retained in the rate base permanently, which will by the third year achieve the annual amount required to deliver the Swimming Pool Strategy and meet the goal established in November 2017 of operating, maintaining and upgrading all six pools. 
2. Council place the 2020/2021 Integrated Planning and Reporting documents with respect to proposed SRV on public exhibition for an extended period at its meeting on 11 December and include the final percentages and amounts modelled over the three-year program as required.
3. Council note that due to major renewal requirements for Bega and Cobargo pools within the first 10 years of the SRV, Council will not see any reduction in reliance on the General Fund for pools during the first two years of the SRV.

4.       At the point in time where the demand on General Fund for pools is reduced due to the SRV, that any reduction in expenditure from the General Fund for pools is transferred to a reserve restricted for the purpose of funding existing infrastructure asset renewals for critical assets.

5. Council proceed to develop the SRV application as outlined above and commence a second phase of community engagement for consideration by Council; and

6.    Council receive two reports at a Council meeting to be held on 5 February 2020 to         consider formal lodgement of the SRV application with IPART prior to 10 February and         adoption of the 2020/2021 Integrated Planning and Reporting documents.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Nadin, Dodds

A motion was foreshadowed by Cr Nadin

1.    That Council note the report regarding a Pools SRV and determine to defer the application         until further investigation into pool fees and charges, reducing pools' operational costs,         increasing revenue, and grant funding opportunities for the capital cost of replacing Bega         Pool, which is due for replacement in 2023. 

2.    That upon receipt of the share payout from Southern Phones, Council hold any forthcoming         monies in a reserve for the exclusive purpose of being used as leverage to apply for grants for capital works to replace and update Bega Pool.

3.    That the Mayor and General Manager speak with the Local State MP for Bega, the Hon         Andrew Constance, and Federal MP, the Hon Mike Kelly, to advocate for grant funding for         the capital cost to replace Bega Pool. 

A point of order was called by Cr Dodds regarding the consensus of all Councillors being in support of the 6 pool strategy.

The Mayor ruled in favour of the point of order.

187/19

RESOLVED on the motion of Crs Allen and Fitzpatrick

To achieve Council’s currently resolved position of having a fit for purpose, six-pool aquatic strategy it is recommended that:

1. Council resolves to notify the Independent Pricing and Regulatory Tribunal (IPART) by 29 November 2019 of its intention to apply for a Special Rate Variation (SRV), under section 508(A) of the Local Government Act 1993, for a three (3) year SRV above the rate peg amount to be retained in the rate base permanently, which will by the third year achieve the annual amount required to deliver the Swimming Pool Strategy and meet the goal established in November 2017 of operating, maintaining and upgrading all six pools. 
2. Council place the 2020/2021 Integrated Planning and Reporting documents with respect to proposed SRV on public exhibition for an extended period at its meeting on 11 December and include the final percentages and amounts modelled over the three-year program as required.
3. Council note that due to major renewal requirements for Bega and Cobargo pools within the first 10 years of the SRV, Council will not see any reduction in reliance on the General Fund for pools during the first two years of the SRV.

4.       At the point in time where the demand on General Fund for pools is reduced due to the SRV, that any reduction in expenditure from the General Fund for pools is transferred to a reserve restricted for the purpose of funding existing infrastructure asset renewals for critical assets.

5. Council proceed to develop the SRV application as outlined above and commence a second phase of community engagement for consideration by Council; and

6.       Council receive two reports at a Council meeting to be held on 5 February 2020 to consider formal lodgement of the SRV application with IPART prior to 10 February and adoption of the 2020/2021 Integrated Planning and Reporting documents.

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

Against:                  Crs Nadin and Dodds

13.2

Southern Phone share acquisition offer

A motion was moved by Crs McBain and Griff

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 put $450,000.00 into a Southern  Phone reserve for festivals, events and             community donations funding, a further $50,000 to be donated towards the Bega Valley             Disaster Relief Fund once it is commenced, and any remaining funds into an infrastructure             reserve.

RESOLVED on the motion of Crs Bain and Nadin

That items 1 and 2 be dealt with separately.

FOR:               Cr Fitzpatrick, Bain, Nadin, Seckold, McBain, Tapscott and Dodds

AGAINST:     Cr Griff

A motion was moved by Crs McBain and Griff

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.

The motion was put the vote and it was CARRIED

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

Against:                  Crs Bain and Nadin

A motion was moved by Crs McBain and Griff

1.        That Council put $450,000.00 into a Southern  Phone reserve for festivals, events and             community donations funding, a further $50,000 to be donated towards the Bega Valley             Disaster Relief Fund once it is commenced, and any remaining funds into a social,             economic and infrastructure reserve.

The motion was put the vote and it was CARRIED

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

Against:                  Crs Fitzpatrick, Allen, Bain, Nadin

A motion was foreshadowed by Cr Fitzpatrick

1.    That Council place $50,000.00 to be donated towards the Bega Valley Disaster Relief Fund         once it is commenced.

2.    That Council place the remaining funds into an infrastructure reserve fund and Council staff         prepare a report as to infrastructure projects that require immediate actions.

188/19

RESOLVED on the motion of Crs McBain and Griff

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.

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

Against:                  Crs Bain and Nadin

189/19

RESOLVED on the motion of Crs McBain and Griff

1.        That Council put $450,000.00 into a Southern  Phone reserve for festivals, events and             community donations funding, a further $50,000 to be donated towards the Bega Valley             Disaster Relief Fund once it is commenced, and any remaining funds into a social,             economic and infrastructure reserve.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

14.1

Canberra Region Joint Organisation - 17-18 October 2019

A report regarding this matter was presented by Cr McBain.

14.2

Local Government NSW Annual Conference - 2019
Warwick Farm
14-16 October 2019

A report regarding this matter was presented by Cr McBain.

17.1

Green Waste Disposal

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

17.2

Water Restrictions

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