1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

70/20

RESOLVED on the motion of Crs Dodds and Bain

That the Minutes of the Ordinary Meeting held on 8 April 2020 as circulated, be taken as read and confirmed, with the following amendments as shown in red or strikethrough text:

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

Against:                  Nil

8.1

Amendment to Development Control Plan 2013 - Aboriginal Heritage

 A motion was moved by Crs Bain and Nadin

1.    That Council publicly exhibit an amendment to Chapter 5.1 ‘Aboriginal Heritage’ of Bega Valley Development Control Plan 2013 for not less than 60 days.

2.    That Council staff seek considerable input from community stakeholder groups, industry         professionals, chambers of commerce, land and business owners.

3.    That a further report be provided to Council after the close of the public exhibition period.

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

Against:                  Crs Griff, Seckold and Dodds

A motion was foreshadowed by Cr Dodds

1.    That Council publicly exhibit an amendment to Chapter 5.1 ‘Aboriginal Heritage’ of Bega Valley Development Control Plan 2013 for not less than 28 days.

2.    That a further report be provided to Council after the close of the public exhibition period.

71/20

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council publicly exhibit an amendment to Chapter 5.1 ‘Aboriginal Heritage’ of Bega Valley Development Control Plan 2013 for not less than 60 days.

2.    That Council staff seek considerable input from community stakeholder groups, industry         professionals, chambers of commerce, land and business owners.

3.    That a further report be provided to Council after the close of the public exhibition period.

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

Against:                  Crs Griff, Seckold and Dodds

8.2

Outcome of the exhibition of draft Commercial Land Strategy

A motion was moved by Crs Dodds and Bain

1.    That Council resolve to adopt the Bega Valley Shire Commercial Land Strategy (Attachment 1).

2.    That Council officers advise the stakeholders involved in the development of the Strategy and those that made submissions to the exhibited draft Strategy of Council’s decision.

An amendment to the motion was proposed by Cr Griff

That Council resolve to adopt the Bega Valley Shire Commercial Land Strategy (Attachment 1), with the amendment to Page 20 of General Recommendations in attachment 1 (page 49 of papers)

Improving the public spaces including appropriate planting and green space in commercial areas to make them more attractive, accessible, healthier and safer and can stimulate additional visitation and business investment”.

The motion was accepted by Cr Dodds and Bain

An amendment to the motion was proposed by Cr McBain

1.    That Council resolve to adopt the Bega Valley Shire Commercial Land Strategy (Attachment

        1), applying the graphic design format presented in the draft Strategy, and with the following         amendments: 

a)       On page 39 of Attachment 1 to change ‘Tathra’ to ‘Bermagui;

b)      On page 15 the third paragraph be removed in its entirety and replaced with “The primacy of the regional centre should be guarded and considered in its support of other centres. Offerings of higher order goods and services, institutions, government offices and the like should be located in the regional centre.”

c)       On page 26 a comma after township in the third paragraph and insertion of the words “including offerings of high level comparison business and retails goods and services.” Removing the last sentence in that paragraph

d)      On page 30 under  the first dot point in Recommended changes to the Bega Valley LEP 2013 that the word “rezoned” be deleted and the words “investigate rezoning”  be added in its place.

e)      On Page 20 of general Recommendations in attachment 1 (page 49 of papers)

                  Improving the public spaces including appropriate planting and green space in                           commercial areas to make them more attractive, accessible, healthier and safer and                  can stimulate additional visitation and business investment”.

 2.   That Council officers advise the stakeholders involved in the development of the Strategy

        and those that made submissions to the exhibited draft Strategy of Council’s decision.

The amendment to motion was accepted by Cr Dodds and Bain

An amendment to the motion was proposed by Cr Fitzpatrick

1.    That Council resolve to adopt the Bega Valley Shire Commercial Land Strategy (Attachment

1), applying the graphic design format presented in the draft Strategy, and with the following amendments: 

a)       On page 39 of Attachment 1 to change ‘Tathra’ to ‘Bermagui;

b)      On page 15 of Attachment 1, the third paragraph be removed in its entirety

c)       On page 26  of Attachment 1, the third paragraph be removed in its entirety

d)      On page 30 of Attachment 1, under  the first dot point in Recommended changes to the Bega Valley LEP 2013 that the word “rezoned” be deleted and the words “investigate rezoning”  be added in its place.

e)      On Page 20 of general Recommendations in attachment 1 (page 49 of papers)

                Improving the public spaces including appropriate planting and green space in                                  commercial areas to make them more attractive, accessible, healthier and safer and can                 stimulate additional visitation and business investment”.

 2.   That Council officers advise the stakeholders involved in the development of the Strategy

        and those that made submissions to the exhibited draft Strategy of Council’s decision

The amendment to motion was accepted by Cr Dodds and Bain

72/20

RESOLVED on the motion of Crs Dodds and Bain

1.    That Council resolve to adopt the Bega Valley Shire Commercial Land Strategy (Attachment

        1), applying the graphic design format presented in the draft Strategy, and with the following         amendments: 

a)       On page 39 of Attachment 1 to change ‘Tathra’ to ‘Bermagui;

b)      On page 15 of Attachment 1, the third paragraph be removed in its entirety

c)       On page 26  of Attachment 1, the third paragraph be removed in its entirety

d)      On page 30 of Attachment 1, under  the first dot point in Recommended changes to the Bega Valley LEP 2013 that the word “rezoned” be deleted and the words “investigate rezoning”  be added in its place.

e)      On Page 20 of general Recommendations in attachment 1 (page 49 of papers)

                Improving the public spaces including appropriate planting and green space in                                  commercial areas to make them more attractive, accessible, healthier and safer and can                 stimulate additional visitation and business investment”.

 2.   That Council officers advise the stakeholders involved in the development of the Strategy

        and those that made submissions to the exhibited draft Strategy of Council’s decision

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

Against:                  Nil

8.3

Public Exhibition of Burning Off in Open Areas Policy

An amendment to the motion was proposed by Cr Dodds

 1.   Publicly exhibit the draft Burning Off in Open Areas Policy (Attachment 1) for not less than 28 days, with the inclusion of the amendment on page 174 the top row centre column amend “burning of domestic waste is prohibited, except where domestic waste management services are not available” to “burning of domestic waste is prohibited”

2.    Request staff to prepare a further report to Council following public exhibition, should the exhibition process result in material changes to the policy.

3.    Authorise staff to finalise and adopt the policy following public exhibition, should no material         changes arise from the exhibition process.

The amendment was not accepted by Cr Bain.

73/20

RESOLVED on the motion of Crs Bain and Dodds

That Council:

1.    Publicly exhibit the draft Burning Off in Open Areas Policy (Attachment 1) for not less than 28 days.

2.    Request staff to prepare a further report to Council following public exhibition, should the exhibition process result in material changes to the policy.

3.    Authorise staff to finalise and adopt the policy following public exhibition, should no material         changes arise from the exhibition process.

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

Against:                  Cr Griff

10.1

Eden Tourism financial assistance request for relocation of Eden Visitor Information Centre

A motion was moved by Crs Tapscott and Dodds

That Council provide $25,000 to Eden Tourism to assist in the relocation of the Eden Visitor Information Centre, provided that Eden Visitor Information Centre commit to investigating a continuing presence, in some form,  in the Main St of Eden.

The motion was put to the vote and it was LOST

In favour:             Crs Seckold, Tapscott, Dodds and Griff

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

A motion was foreshadowed by Crs Nadin and Fitzpatrick

That Council provide $25,000 to Eden Tourism to assist in the relocation of the Eden Visitor Information Centre.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Bain and Allen

74/20

RESOLVED on the motion of Crs Nadin and Fitzpatrick

That Council provide $25,000 to Eden Tourism to assist in the relocation of the Eden Visitor Information Centre.

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

Against:                  Crs Bain and Allen

10.2

VIC licence agreement renewals

75/20

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.     That Council approve a further three (3) year licence to Bermagui Area Chamber of Commerce and Tourism for their continued occupation of space within the Bermagui Community Centre, for the Crown Lands minimum annual licence fee commencing from 1 July 2020.

2.      That Council approve a further one (1) year licence to Eden Tourism Incorporated for their continued occupation of space within the Eden Gateway Centre, for the minimum annual licence fee as per Council’s Fees and Charges commencing from 1 July 2020.

3.    That authority be delegated for the Mayor and General Manager to execute the above         licence agreements.

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

Against:                  Nil

11.1

Bega Saleyards land options

76/20

RESOLVED on the motion of Crs Tapscott and Dodds

1.    That Council receive and note the report.

2.    That Council approve the subdivision of Lot 282 DP 750190 and Lot 214 DP 1253502 at Kerrisons Lane, Bega as shown on the attached diagram and detailed in the report to Council of 29 April 2020.

3.    That Council enter into a formal Deed of Agreement, with NSW Rural Fire Service, for the provision of land at Bega Saleyards site for establishing a fit for purpose emergency control centre and regional facility, noting the final Deed details will be brought back to Council for consideration.

4.    That Council approve the subdivision of Lot 282 DP 750190 and Lot 214 DP 1253502 for lease purposes to formally identify the Saleyards site, Council’s stockpile site, pound and fenced compound area so that an exclusive long-term lease can be progressed over the remaining Bega Saleyards facility.

5.    That Council note a public Expression of Interest process will be conducted by Council officers for the use and management of the Saleyards facility and the results will be presented back to Council for consideration.

6.    That Council approve a further 6-month lease to Sapphire Horizons Pty Limited, from 30 June 2020 to 31 December 2020 on the same terms and conditions as the existing lease.

7.    That Council hereby authorise its official seal to be affixed to the plan documentation under the signature of the Mayor and General Manager to subdivide the land. 

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

Against:                  Nil

11.2

Classification of land acquired by Council

77/20

RESOLVED on the motion of Crs Bain and Dodds

1.    That Council note the 28-day public notification process was completed regarding the proposal to classify Lot 312 DP 728092 at 16 Strudwicks Road, Bermagui as operational land, with no submissions received.

2.   That Council resolve to classify Lot 312 DP 728092 at 16 Strudwicks Road, Bermagui 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

11.3

Proposal from Pambula Merimbula Golf Club Limited

78/20

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.   That Council receive and note the report.

2.   That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of twenty (20) years to Pambula Merimbula Golf Club Limited for their occupation of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula for the purpose of a Golf Course.

3.   That Pambula Merimbula Golf Club Limited be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

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

Against:                  Nil

11.4

Staff accommodation in Bega

A motion was moved by Crs Dodds and Seckold

1.    That Council receive and note the report.

2.    That Council delegate authority to the General Manager to execute the necessary lease documentation for the occupation of Part Lot 146 DP 623646, being offices 1, 2, 3 and 4 at 90 – 94 Gipps Street, Bega for staff accommodation purposes.

3.    That Council be responsible for payment of their own legal costs associated with negotiation         of an appropriate lease and all costs associated with the fit out of the office for Council         accommodation purposes.

A motion was foreshadowed by Cr Nadin

That the matter of staff accommodation in Bega be the subject of a Councillor Workshop.

79/20

RESOLVED on the motion of Crs Dodds and Seckold

1.    That Council receive and note the report.

2.    That Council delegate authority to the General Manager to execute the necessary lease documentation for the occupation of Part Lot 146 DP 623646, being offices 1, 2, 3 and 4 at 90 – 94 Gipps Street, Bega for staff accommodation purposes.

3.    That Council be responsible for payment of their own legal costs associated with negotiation         of an appropriate lease and all costs associated with the fit out of the office for Council         accommodation purposes.

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

Against:                  Crs Fitzpatrick, Bain and Nadin

11.5

Proposed divestment of Lot 8 Sec 13 DP 758095 at Barragoot Street, Bermagui

An amendment to the motion was moved by Cr McBain

1.    That Council receive and note the report.

2.    That Council approve the divestment of Lot 8 Sec 13 DP 758095 at Barragoot Street, Bermagui to the offeree for the amount as offered.

3.    That Council’s legal fees to finalise this matter be payable by Council from the proceeds of sale.

4.    That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and General Manager. 

5.    That the offeree be advised of Council’s decision.

6.    That the publicly accessible artwork on the asset be retained until such a time as the land is         re-zoned or the water tower is demolished.

The amendment was accepted by Crs Bain and Nadin.

80/20

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council receive and note the report.

2.    That Council approve the divestment of Lot 8 Sec 13 DP 758095 at Barragoot Street, Bermagui to the offeree Telstra Corporation Limited ABN 33 051 775 556 for the amount as offered.

3.    That Council’s legal fees to finalise this matter be payable by Council from the proceeds of sale.

4.    That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and General Manager. 

5.    That the offeree be advised of Council’s decision.

6.    That the publicly accessible artwork on the asset be retained until such a time as the land is         re-zoned or the water tower is demolished.

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

Against:                  Nil

11.6

Eden, Twofold Bay and Towamba River Flood Study Final Findings

81/20

RESOLVED on the motion of Crs Seckold and Dodds

1.    That Council endorse the findings and recommendations of the Eden, Twofold Bay and Towamba River Flood Study as the best available flood information and interim measures for use in developing any subsequent floodplain risk management study and plan; and future emergency response planning.

2.    That a copy of the final endorsed Eden, Twofold Bay and Towamba River Flood Study be published on Council’s website and provided to Council’s Local Emergency Management Committee for its information.

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

Against:                  Nil

11.7

Bega Valley Local Traffic Committee

82/20

RESOLVED on the motion of Crs Bain and Allen

That Council adopt the recommendations of the Bega Valley Local Traffic Committee meeting of 1 April 2020 to be tabled at the 29 April 2020 Council meeting.

Bega Valley Rally 3-4 October 2020 alternatively 21/22 November 2020

Originally this event was to be on June long weekend. An email has been received with new dates due to COVID19.  Therefore, the 2020 Bega Valley Rally is to be held on Saturday, 3 October and Sunday, 4 October 2020. The rally is mainly conducted on Eden NSW Forestry Corporation roads, with the use of seven Bega Valley Shire roads, being Upper Cobargo Road, Coopers Gully Road, Walls Flat Road, Niagara Lane, Pericoe Road, Buckajo Road and The Snake Track.

It is recommended:

1.    That, subject to conditions, Upper Cobargo Road be temporarily closed between 10.00am and 4.00pm on Saturday, 3 October 2020 for the duration of a competitive stage of the Bega Valley Rally.

2.    That, subject to conditions, Coopers Gully Road be temporarily closed between 10.00am and 4.00pm on Saturday, 3 October 2020 for the duration of a competitive stage of the Bega Valley Rally.

3.    That, subject to conditions, Walls Flat & Wents Road be temporarily closed between 11.30am and 4.30pm on Saturday, 3 October 2020 for the duration of a competitive stage of the Bega Valley Rally.

4.    That, subject to conditions, Buckajo Road, Spring Creek Road be temporarily closed between 11.00pm and 4.30pm on Saturday, 3 October 2020 for the duration of a competitive stage of the Bega Valley Rally.

5.    That, subject to conditions, Niagra Lane / Comans Lane be temporarily closed between 12.30pm and 4.30pm on Saturday, 3 October 2020 for the duration of a competitive stage of the Bega Valley Rally.

6.    That, subject to conditions, Pericoe Road be temporarily closed between 5.45am and 10.00pm on Saturday, 3 October 2020 for the duration of a competitive stage of the Bega Valley Rally.

7.    That, subject to conditions, Snake Track be temporarily closed between 5.45am and 10.00pm on Saturday, 3 October 2020 for the duration of a competitive stage of the Bega Valley Rally.

8.    That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation.

9.    That organisers fully implement an approved Special Event Transport Management Plan.

10.  That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

11.  That organisers obtain approval from the Commissioner of NSW Police or their delegate, under Section 115 of the Road Transport Act 2013, prior to conducting the event.

12.  That signage be displayed advising of Road Closures.

13. That a revised application be submitted 30 days prior to the even taking place.

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

Against:                  Nil

12.1

Classification of land at Bega

83/20

RESOLVED on the motion of Crs Tapscott and Nadin

That Council give notice of its intention to classify Lot 214 DP 1253502 at Kerrisons Lane, Bega as operational land under section 34 of the Local Government Act 1993 (NSW).

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

Against:                  Nil

12.2

Council Meeting Dates 2020 - 2021

84/20

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.      That Council note the report

2.      That Council adopt the revised meeting days for the remainder of 2020 and proposed meeting days for 2021.

3.      That a Council meeting be held in a Council election year, that being July 2021.

4.    That the proposed Council meeting dates of 2 June 2021 and 23 June 2021 be removed.

5.    That the dates of 16 June 2021, 30 June 2021, 21 July 2021 and 11 August 2021 be added to         the Council meeting dates for 2021.

13.1

COVID-19 Pandemic Economic Impact - Financial Assistance Considerations

85/20

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.    That Council:

a)    acknowledge the impacts of the current pandemic community safety measures supporting and impacting our community due to COVID-19

b)    encourages everyone to buy local and to continue to support local business wherever possible; and

c)    supports the community by buying goods and services for Council from local businesses where possible.

2.    That Council adopt procedure 6.06.1(a) Financial Hardship Assistance – Disaster/Pandemic.

3.    That for the period April 2020 to June 2021 Council resolves to:

a)    suspend new debt recovery actions for outstanding accounts where financial hardship is evident;

b)    support ratepayers to establish payment plans; and

b)    remove account keeping fees, interest on overdue amounts, late and reminder fees.

4.    That Council resolves to delay issuing rates notices to ratepayers until 1 September 2020, and the collection of the first quarter rates instalment until 30 September 2020.

5.    That for tenants, of Council owned and managed facilities, that have Federal JobKeeper eligibility or are a local not-for-profit community organisation, Council resolve:

a)    to delegate to the General Manager the ability to negotiate and implement deferrals of rental payments for up to one year (April 2020 to April 2021) for organisations who can demonstrate hardship linked to either the recent bushfires or the COVID-19 pandemic;

b)    to freeze rental increases while the National Cabinet Code of Conduct applies to businesses eligible for the JobKeeper program; and

c)    to establish payment arrangements be made available for a period of 24 months (April 2020 to April 2022) with no interest applied;

6.    That Council waive lease and licences fees for use of Council owned and managed land and buildings as detailed in the report to Council of 29 April 2020 for a period of six months being the second half of the 2019/20 financial year, consistent with the report to Council on 5 February 2020.

7.    That Council delay lease fees payable by Connections Plus Australia for the use of the former manager’s residence at Tura Beach for a period of six months following receipt of an occupation certificate with lease payments to commence no later than 1 July 2021.

8.    That Council waive FY2021 fees for Food Premises, Skin Penetration Premises and Beauty Therapist Premises.

9.    That Council support families to continue to access Council-operated childcare until 30 June 2020 at no cost. This service will be funded from Federal and NSW Government contributions, with any shortfall met from Council’s Children’s Services Reserve.   

10.  That Council recognise the evolving nature of directives from Federal and State Governments relating to COVID-19 including those related to children’s services beyond 30 June 2020 and note that staff will bring back a report to assess situations if and when required.

11.  Receive and note the Office of Local Government issued Circular 20-12 “Modification of statutory requirements in response to the COVID-19 pandemic” and the amendment to statutory deadlines in place for the following six months.

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

Against:                  Nil

13.6

Merimbula Airport - Request for financial support for Regional Express during COVID-19 Pandemic

86/20

RESOLVED on the motion of Crs Bain and Nadin

That Council provide financial support to Regional Express Holdings by providing a credit note to 50% of the outstanding landing fees in the amount of $46,569.00 to be paid in 2021.

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

Against:                  Nil

.

Block Resolve of Agenda Items 13.2, 13.3, 13.4, 13.5

87/20

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That agenda items 13.2, 13.3, 13.4 and 13.5 be considered in a block.

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

Against:                  Nil

.

Mover of Resolutions of Agenda Items 13.2, 13.3, 13.4, 13.5

88/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

That the recommendations of Items 13.2, 13.3, 13.4 and 13.5 be adopted.

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

Against:                  Nil

13.2

Certificate of Investment - January

89/20

RESOLVED on the motion of Cr Fitzpatrick and Allen

1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 January 2020

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

Certificate of Investment - February

90/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council receive and note the attached reports indicating Council’s investment position as at 29 February 2020.

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

13.4

Certificate of Investment - March

91/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 March 2020.

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

13.5

Certificates of Investment - October to December 2019

92/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council receive and note the attached reports indicating Council’s investment position for the month of October, November and December 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

17.1

Food Premises Annual Fee

A report was provided to Council and included in the Business Paper of  29 April 2020 on this matter.

17.2

Update on Progress of Bunnings DA

A report was provided to Council and included in the Business Paper of  29 April 2020 on this matter.

18.1

Environment Protection and Biodiversity Conservation Act 1999.

Cr Griff asked if staff could staff provide comment to the Environment Protection and Biodiversity Conservation Act 1999 review by 30 June 2020?

Dr Howe provided a response:

There is opportunity for short comments to be made. Formal submissions close within a couple of days, but staff comment, which is limited to 300 words, could be made.

18.2

Ministerial Orders relating to COVID-19.

Cr Griff asked  can staff please provide advice on recent Ministerial Orders made by the Minister for Planning and Public Spaces for development to be carried out without the normal planning approval during the COVID-19 pandemic?

Dr Howe provided a response:

The Department Planning Industry and Environment (DPIE), particular Minister Stokes, has made a number of amendments to planning controls to deal with COVID-19.

These amendments include Ministerial Orders to:

-          extended days for infrastructure construction work

-          extended days for construction work

-          flexibility for food trucks and dark kitchens

-          temporary workers’ accommodation

-          retail trading and operating hours and waste removal

-          home businesses operating hours.

The intent of these Orders is to support revenue-generating activity and to make sure supply chains can meet demand. In addition, DPIE has established a fast track assessment process, which applies to very specific types of State Significant development:

-          that generate jobs

-          can be delivered quickly, and

-          have public benefit.

The first tranche of these fast-tracked projects has been announced. It comprises 24 projects, based mainly in Sydney, with an economic value of $7.5 billion.  None of these projects are based in the Bega Valley.  Given the scale of development to which fast-tracked development assessment applies, it is unlikely that any local projects will be considered in this way.  Councillors will be advised should any local projects be referred to the fast-tracked process.

18.3

Skate Park Association Projects

Cr Nadin asked could staff update the Council regarding the process and funding surrounding the Skate Park Association projects in Eden and Merimbula. The question was taken on notice by the Director of Assets and Operations.

.

Re-opening of Agenda Item 11.5

93/20

RESOLVED on the motion of Crs Bain and Dodds

That agenda item 11.5 be reopened for consideration and voting

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

Against:                  Nil

11.5

Proposed divestment of Lot 8 Sec 13 DP 758095 at Barragoot Street, Bermagui

94/20

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council receive and note the report.

2.    That Council approve the divestment of Lot 8 Sec 13 DP 758095 at Barragoot Street, Bermagui to the offeree Telstra Corporation Limited ABN 33 051 775 556 for the amount as offered.

3.    That Council’s legal fees to finalise this matter be payable by Council from the proceeds of sale.

4.    That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and General Manager. 

5.    That the offeree be advised of Council’s decision.

6.    That the publicly accessible artwork on the asset be retained until such a time as the land is         re-zoned or the water tower is demolished.

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

Against:                  Nil