Ordinary  Meeting Minutes

1.

Apologies

The apology from Cr Kristy McBain for her leave of absence was received and noted.

2.

Confirmation of Minutes

113/20

RESOLVED on the motion of Crs Griff and Seckold

That the Minutes of the Ordinary Meeting held on 20 May 2020 and the Ordinary Meeting held on 27 May 2020 as circulated, be taken as read and confirmed.

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

Against:                  Nil

ABSENT:                    Cr Dodds and Cr McBain

8.1

Memorandum of Understanding with Clean Energy for Eternity Incorporated

Cr Seckold declared a non-pecuniary and less than significant conflict of interest regarding Item 8.1 Memorandum of Understanding with Clean Energy for Eternity Inc on the basis that she has been an enthusiastic supporter participating in the awareness signs from “eternity” onwards and the CEFE secretary and Cr Seckold’s husband co-ordinated the raising of funds for TCSF. Cr Seckold is no longer a financial member of CEFE.

Cr Seckold remained in the Chamber and took part in debate and voting.

2:05pm       Cr Dodds joined the meeting.

A motion was moved by Crs Seckold and Griff

That Council:

1.    Delegates to the General Manager authority to enter a Memorandum of Understanding with Clean Energy for Eternity Incorporated (Attachment 1) to support installation of renewable energy infrastructure on Bega Valley Shire Council assets.

2.    Revokes the current Memorandum of Understanding with Clean Energy for Eternity Incorporated (Attachment 2) once Attachment 1 is signed by both parties.

An amendment to the motion was proposed by Cr Bain.

That Council:

1.    Delegates to the General Manager authority to enter a Memorandum of Understanding with Clean Energy for Eternity Incorporated (Attachment 1) to support installation of renewable energy infrastructure on Bega Valley Shire Council assets, with the amendment to Item 4 on Page 2 of the Memorandum of Understanding, to reflect the inclusion of a Councillor representative.

2.    Revokes the current Memorandum of Understanding with Clean Energy for Eternity Incorporated (Attachment 2) once Attachment 1 is signed by both parties.

The amendment was supported by Cr Seckold.

The amendment was not supported by Cr Griff.

An amendment to the motion was moved by Crs Bain and Nadin

That Council:

1.    Delegates to the General Manager authority to enter a Memorandum of Understanding with Clean Energy for Eternity Incorporated (Attachment 1) to support installation of renewable energy infrastructure on Bega Valley Shire Council assets, with the amendment to Item 4 on Page 2 of the Memorandum of Understanding, to reflect the inclusion of a Councillor representative.

2.    That a Councillor be nominated as a representative, until September 2020.

3.    Revokes the current Memorandum of Understanding with Clean Energy for Eternity Incorporated (Attachment 2) once Attachment 1 is signed by both parties.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Dodds and Griff

ABSENT:                    Cr McBain

A point of order was called by Cr Dodds regarding Cr Nadin referring  refraining* from speaking to the item and speaking to her vote.

(*as per resolution 126/20 of the Council Meeting of 24/6/20, the original minutes have been amended as indicated in red text)

114/20

RESOLVED on the motion of Crs Bain and Nadin

That Council:

1.    Delegates to the General Manager authority to enter a Memorandum of Understanding with Clean Energy for Eternity Incorporated (Attachment 1) to support installation of renewable energy infrastructure on Bega Valley Shire Council assets, with the amendment to Item 4 on Page 2 of the Memorandum of Understanding, to reflect the inclusion of a Councillor representative.

2.    That a Councillor be nominated as a representative, until September 2020.

3.    Revokes the current Memorandum of Understanding with Clean Energy for Eternity Incorporated (Attachment 2) once Attachment 1 is signed by both parties.

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

Against:                  Nil

Absent:                    Cr McBain

Nominations for the Councillor representative to included in Item 4 on Page 2 of the Memorandum of Understanding, until September 2020, were called for by the Mayor.

Cr Dodds nominated herself.

Crs Nadin and Bain nominated Councillor Seckold.

Cr Seckold declined the nomination.

Cr Bain nominated herself.

The nominations were put to the vote:

That Cr Dodds be the representative to be included in Item 4 on Page 2 of the Memorandum of Understanding, until September 2020.

FOR:              Crs Seckold, Dodds, Tapscott and Griff

That Cr Bain be the representative to be included in Item 4 on Page 2 of the Memorandum of Understanding, until September 2020.

FOR:              Crs Bain, Fitzpatrick, Nadin and Allen

The Mayor used her casting vote in favour of “That Cr Dodds be the representative to be included in Item 4 on Page 2 of the Memorandum of Understanding, until September 2020.”

115/20

RESOLVED on the motion of Crs Griff and Seckold

That Councillor Dodds be the nominated representative to be included in Item 4 on Page 2 of the Memorandum of Understanding, until September 2020.

In favour:             Crs Griff, Seckold, Tapscott and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

Absent:                    Cr McBain

The Mayor used her casting vote in favour of the motion and the motion was CARRIED

8.2

Erection of Dual Occupancy 705 New Buildings Road Wyndham

116/20

RESOLVED on the motion of Crs Bain and Allen

That Council:

1.    Assumes the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of BVLEP 2013.

2.    Approves the variation to Clause 4.2D(2)(c) to permit erection of a dwelling to create a detached dual occupancy as proposed on Lot 4 DP 628033, 705 New Buildings Road, Wyndham.

2.    Approves the development application subject to the recommended Conditions of Consent (Attachment 4).

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

Against:                  Nil

Absent:                    Cr McBain

9.1

Engagement with Eden Community Access Centre on the Upgrade of the Eden Library

117/20

RESOLVED on the motion of Crs Bain and Seckold

That Council:

1.    Consider the potential of the Eden Library to provide a library and community hub, as part of the planned upgrade for the Eden Gateway Centre. 

2.    Engage with the Eden Community Access Centre Inc. as a stakeholder in plans to upgrade the Eden Gateway Centre.

3.    Explore opportunities to increase the space available to the Eden Community Access Centre Inc. and/or for shared use of space in the redesign of the Eden Gateway Centre.

4.    Consult with other government and non-government organisations to seek their interest in delivering community services from the Eden Gateway Centre.

5.    Identify potential funding sources to progress the upgrade of the Eden Gateway Centre, incorporating the Eden Library and a potential community hub.

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

Against:                  Nil

Absent:                    Cr McBain

10.1

Tourism Events Recovery Coordination Program

118/20

RESOLVED on the motion of Crs Bain and Seckold

That Council note the preferred contractor for the Tourism Events Recovery Coordination Program as The Destination Agency (Sapphire Coast Destination Marketing).

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

Against:                  Nil

Absent:                    Crs McBain and Griff

11.1

Classification of land at Bega

119/20

RESOLVED on the motion of Crs Nadin and Fitzpatrick

1.    That Council note the 28-day public notification process was completed regarding the proposal to classify Lot 214 DP 1253502 at Kerrisons Lane, Bega as operational land, with no submissions received.

2.    That Council resolve to classify Lot 214 DP 1253502 at Kerrisons Lane, Bega as operational land under Section 31 of the Local Government Act 1993 (NSW).

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

Against:                  Nil

Absent:                    Crs McBain and Griff

11.2

Bega Valley Local Traffic Committee

Cr Seckold declared a non-pecuniary and less than significant conflict of interest regarding Item 11.2 Bega Valley Local Traffic Committee on the basis that she is a member of the Tathra Safe Ride committee.

Cr Seckold remained in the Chamber and took part in debate and voting.

120/20

RESOLVED on the motion of Crs Bain and Fitzpatrick

That Council adopt the recommendations of the Bega Valley Local Traffic Committee meeting of 6 May 2020 to be tabled at the 10 June 2020 Council meeting.

Bega-Tathra Community Bike Ride, Sunday 27 September 2020

An application has been received to conduct a Community Ride between Bega and Tathra to celebrate NSW Bike Week on Sunday, 27 September 2020 (alternative date 18 October 2020) from 7.30am to 12pm. 

It is recommended:

1.         That subject to conditions, sections of the Bega-Tathra Road be temporarily closed between 8.30am to 11.00am (rolling closures) on Sunday, 27 September 2020 for the Bega-Tathra Community Ride.

2.         That organisers of the Bega-Tathra Community Ride engage a specialist traffic event consultant to prepare a comprehensive Traffic Management Plan encompassing all the required short-term closures for access driveways and side roads onto Bega Tathra Road.

3.         That the proposed traffic arrangements for the Bega-Tathra Community Ride on Sunday, 27 September 2020 be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

4          That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation and needs to be updated with correct dates and appropriate sign offs.

5.         That organisers have approved current public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

6.         That organisers have written Police approval prior to conducting the event.

7.         That letters be sent to landowners seeking written approval for the closure of private gates.

8.         That Police and Council review the Traffic Control Plan prior to the event being given final approval.

9.         Road Occupancy Licence required as changed traffic conditions proposed on the Princes Highway.

Please follow link https://begavalley.nsw.gov.au/page.asp?f=RES-ASR-18-82-64 to the submission.

Development Hub Tathra Police Station Works – Signage Relocation

An email has been received on behalf of Modscape Pty Ltd discussing works to commence at Tathra Police Station and the appropriate Applications/Permits to do the following works: 

        We have 2 signs that state (No Parking Police Vehicles Excepted) on the nature strip which will need to be relocated once the new driveway is constructed.

It is recommended:

Council approve the relocation of the existing “No Parking – Police Vehicles Excepted” signs by moving them 1.9 metres to the south and 7.8 metres to the north respectively.

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

Against:                  Nil

Absent:                    Cr McBain

11.3

Draft Public Toilets Strategy

121/20

RESOLVED on the motion of Crs Dodds and Griff

That Council endorse the attached Draft Bega Valley Shire Council Public Toilets Strategy, with the addition of explanatory notes on the table on Page 127 of the Business Paper to include a key with explanations around the ratings in the table of the forward improvement program.

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

Against:                  Nil

Absent:                    Cr McBain

12.1

Council Meeting 22 July 2020

122/20

RESOLVED on the motion of Crs Allen and Seckold

That Council include an Ordinary Council meeting on Wednesday 22 July 2020 in the calendar of Council meetings for the 2020 year .

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

Against:                  Nil

Absent:                    Crs McBain and Dodds

13.1

Certificate of Investment

123/20

RESOLVED on the motion of Crs Allen and Bain

1.    That Council receive and note the attached reports indicating Council’s investment position as at 30 April 2020.

2.   That Council note the certification of the Responsible Accounting Officer.

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

Against:                  Nil

Absent:                    Cr McBain

13.2

Local Roads and Community Infrastructure Program - allocation of funds

RESOLVED on the motion of Crs Allen and Fitzpatrick

That Council:

1.    advocate to the NSW Government for announcements on the Fixing Country Roads and Fixing Local Roads Programs with a view to allocate a proportion of the Local Roads and Community Infrastructure program funding to projects submitted under those programs.

       2.  hold a workshop to consider in further detail,, suitable projects including potentially                     sealing of works in the Plumb Motors Site, Bega,  for the Local Roads and Community                    Infrastructure program with a further report to Council to follow for adoption with the                 Operational Plan at the meeting on 22 July 2020.

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

Against:                  Nil

Absent:                    Cr McBain

13.3

Amendments to IPR documents on public exhibition

124/20

RESOLVED on the motion of Crs Dodds and Bain

That updated versions of the draft revised Delivery Program 2017-2021 and Operational Plan 2020-2021, including Council’s Budget and Revenue Policy, draft Financial Strategy and the draft Fees and Charges 2020-2021 along with the draft Long Term Financial Plan, be placed on public exhibition for 28 days commencing 10 June 2020 with feedback on the documents to be considered at the Council meeting on 22 July 2020.

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

Against:                  Nil

Absent:                    Cr McBain

14.1

Delegates Report Cr Tapscott, Mayor

CRJO Board Meeting and Ministerial Advocacy

The report was noted.

16.1

Cr Tony Allen - Sealing of Plumb Motors site

The Notice of Motion was withdrawn by Cr Allen.

17.1

Establishment of Youth Council

A response to this Question with Notice was provided as a report to the Ordinary Council Meeting Agenda of 10 June 2020.

18.1

Merimbula Top Lake Boardwalk - Renewal

Cr Nadin asked what would be the process to renew the Merimbula Top Lake boardwalk in terms of design and engineering, DA approval (considering it is an existing asset), community consultation, likely costs, grant funding opportunities, potential for staged development (to address urgent parts of the boardwalk), and potential to include the renewal or part-renewal in the 2021 operational plan? 

The question was taken on notice by the Director of Assets and Operations.

18.2

Disaster Relief Fund

Cr Nadin asked for confirmation of the current balance of the disaster relief fund and if any money has been spent, or when the money will likely begin to be distributed. 

The Bega Valley Community Disaster Relief Fund is independent to Council, with Cr Fitzpatrick and Cr Tapscott committee members. The balance as of today is $605,000.00 balance as at today. An application form has been distributed as a pilot and the money should start to be distributed in the first week of July. Anyone is entitled to complete an application form which will be considered by the Social Justice Advocates.

18.3

Opening of Libraries

Cr Griff asked for information regarding the opening of the Shire libraries.

Dr Howe responded that libraries were expected to reopen on Monday, 15 June, with confirmation to be provided to Councillors and the community later this week.