1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

166/20

RESOLVED on the motion of Crs Allen and Dodds

That the Minutes of the Ordinary Meeting held on 22 July 2020 as circulated, be taken as read and confirmed.

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

Against:                  Nil

10.1

Bega Valley Roundtable - The Global Foundation

Cr Bain made a statement that she wished it recorded in the minutes, that she believes this is a lost opportunity for the Bega Valley Shire.

167/20

RESOLVED on the motion of Crs Dodds and McBain

That Council notes the upcoming Bega Valley Roundtable hosted by The Global Foundation focussing on recovery in a regional setting.

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

Against:                  Crs Bain and Allen

11.1

Proposed divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui

168/20

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council receive and note the report.

2.    That Council approve the divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui to the offeree for the amount as offered making no commitment to the purchaser to support any re-zone of the land parcel.

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.

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

Against:                  Nil

11.2

Acquisition of easement for water supply at 2529 Princes Highway, Millingandi

Cr Tapscott declared a pecuniary conflict of interest regarding Item 11.2 Acquisition of easement for water supply at 2529 Princes Highway, Millingandi as a member of the family works for the company.

Cr Tapscott departed the Chamber taking no part in debate or voting.

Deputy Mayor Fitzpatrick assumed the role of chairperson in Cr Tapscott’s absence.

169/20

RESOLVED on the motion of Crs Allen and McBain

1.    That Council enter into a formal Deed of Agreement with the landowners of Lot 721 DP 826975 at 2529 Princes Highway, Millingandi for the acquisition of an easement for Water Supply Pipeline.

2.    That all costs associated with the creation and grant of the easement including Council’s legal costs, survey work, plan preparation and registration fees be borne by Council.

3.    That Council register a proposed easement plan over Lot 721 DP 826975 at 2529 Princes Highway, Millingandi should the property sell prior to the registration of the attached plan of redefinition and easement for water supply included in the draft Deed of Agreement.

4.    That the General Manager and/or Mayor be authorised to execute the necessary documentation to effect creation of the easement.

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

Against:                  Nil

Absent:                    Cr Tapscott

11.3

Road closure - Central Waste Facility

170/20

RESOLVED on the motion of Crs Allen and Bain

1.    That Council approve, in principle, the closure of the Council public road reserve within the Central Waste Facility located on lot 402 DP 1191314.

2.    That Council commence assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days.

3.    That if any objections are received, a further report be prepared for Council’s consideration.

4.    That if no objections are received Council, by notice published in the Government Gazette, formally close the public road reserve concerned.

5.    That the General Manager and Mayor be authorised to execute the necessary documentation to affect the road closure.

6.    That all costs associated with the road closure process be borne by Council.

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

Against:                  Nil

11.4

Barclay Street Eden Sportsground Masterplan

171/20

RESOLVED on the motion of Crs McBain and Nadin

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

2.    That Council endorse the Draft Master Plan for the Barclay Street, Eden Sportsground Precinct.

3.    That Council delegate authority to the General Manager, if required, to review and revise this Master Plan for any minor amendments arising during the delivery of this plan. 

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

Against:                  Nil

11.5

Merimbula Ford Park Courts - Tender Negotiations Outcome

Cr McBain declared a non-pecuniary and less than significant conflict of interest regarding Item 11.5 (Item 1.1 of the Supplementary Agenda) Merimbula Ford Park Courts – Tender Negotiations Outcome on the basis that her children are members of the Merimbula Sharks Basketball Club.

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

A motion was moved by Crs Bain and Allen

1.    That Council defer to accept the submitted tenders and hold that for a 60 day period.

2.    That Council enter into discussions with the local member for Bega, The Honourable Andrew         Constance for an additional allocation of $200k to this project as a matter of significance and         request formal advice within 30 days.

3.    That if no response has been received in 60 days then Council  delegate authority to the         General Manager to look at reallocating funding for other recreation and public amenities         projects to complete this project.

3.    That if the local member for Bega, The Honourable Andrew Constance is unable to achieve         the funding, that Council review the project and redefine the scope.

4.    If the project is unable to be redefined or additional funding is not forthcoming from The Hon         Andrew Constance, that Council not accept the funding.

The motion was put to the vote and it was LOST

In favour:             Crs Bain, Seckold, Dodds and Allen

Against:                  Cr McBain, Griff, Fitzpatrick, Tapscott, Nadin

A motion was foreshadowed by Crs McBain and Nadin

1.    That the information in the report be received and noted

2.    That Council write to the local member, The Honourable Andrew Constance to request his         assistance in sourcing the shortfall amount for the project.

3.    That if no response has been received in 30 days, that Council staff prepare a report to         Council to determine funding options.

The motion was put to the vote and it was CARRIED

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

Against:                  Cr Bain

172/20

RESOLVED on the motion of  Crs McBain and Nadin

1.    That the information in the report be received and noted

2.    That BVSC write to the local member, The Honourable Andrew Constance to request his         assistance in sourcing the shortfall amount for the project.

3.    That if no response has been received in 30 days, that Council staff prepare a report  to Council to determine funding options.

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

Against:                  Cr Bain

13.1

Sportsgrounds Fees and Charges Relief

173/20

RESOLVED on the motion of Crs McBain and Fitzpatrick

1.    That due to the impact of COVID-19 on sporting competitions Council provide fee relief to    seasonal sportsground users on a pro-rata basis reflecting portion of use of facilities and         fees in the adopted BVSC 2021 Fees and Charges.

2.    The fee relief apply for seasons that are impacted by COVID-19 restrictions.

3.    Delegate to the General Manager the authority to determine Council’s response to fee         relief requests as they are received from sportsground users based on the pro-rata model         recommended in the report.

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

Against:                  Cr Bain

13.2

Levying of Councils Rates and Charges

174/20

RESOLVED on the motion of Crs Bain and Allen

1.         That Council resolve to issue rate notices immediately.

2.         That Council note the extension of time to 30 September 2020 for payment of the first              quarter instalment.

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

Against:                  Nil

17.1

Bus Stop - Corner Merimbula Drive and Sapphire Crescent

A response to this question on notice was provided as a report to the Council Meeting Agenda of 5 August 2020.

17.2

Towamba-Burragate Road tender

A response to this question on notice was provided as a report to the Council Meeting Agenda of 5 August 2020.

18.1

Process for Development Applications to be referred to Council for determination

Cr Griff made a statement:

“At last Council meeting, my process was criticised in seeking to bring the DA relating to the Eden Chip mill for decision to Council. I am questioning whether my motion was quite proper and can staff advise on the process for development applications to be referred to the elected Council for determination?”

Dr Howe responded and indicated that the process which was followed by Cr Griff regarding item 16.3 of the Council Meeting of 22 July 2020 was consistent with the process for DAs to be referred to Council.

Dr Howe briefly described that process and advised she would provide a more detailed written description for the next Council Meeting.

18.2

Eden Lime

Cr Bain requested that a formal report, rather than a response to the question without notice asked at the meeting of 22 July 2020, be brought to Council.

The report should include consideration of any options available to Council to support the Eden residents affected by the damage of the lime incident and any implications from those actions.

Options to be included and responses provided should include that the sub-contractor and provider of the lime are encouraged to take action to ensure all of the damage from the lime dust is rectified and that people’s properties are cleaned and/or repaired at no cost to the residents.

The General Manager agreed that a formal report could be brought back to Council on this matter.

18.3

Request to Minister Constance for assisting in conducting a review into Council's Finances

Cr Bain asked if an update could be provided on the request sent to Minister Constance in assistance with conducting a review into Council’s finances.

The General Manager responded and advised the letter was provided to Minister Constance immediately after the Council Meeting of 13 July 2020.

A meeting has been requested by the Mayor with Minister Constance and Councillors will be kept up to date with progress following that meeting.

18.4

FOGO Compost

Cr Bain asked for an update to understand the causes of the contamination and a re-iteration of the processes used for screening the compost to ensure that it is a good as it can be, and our FOGO system continues.

The question was taken on notice by Director Assets and Operations – Mr Anthony McMahon.