Ordinary  Meeting Minutes

Held on Wednesday 16 September 2020

Via Zoom 2.00 pm

 


 Present

Cr Russell Fitzpatrick, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Kristy McBain

Cr Mitchell Nadin

Cr Sharon Tapscott

 In Attendance

General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Acting Manager, Communication and Events, Ms Sharon Wellard

Project Lead, Recovery, Rebuilding and Resilience, Mr Chris Horsburgh

Minute Secretary, Mrs Bec Jones

 

 Statement of Commencement of Live Streaming

The Mayor made an announcement about live streaming requirements:

Council meetings are recorded and live streamed to the Internet for public viewing. 

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.

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, present and emerging.

1.

Apologies

 

There were no apologies.

 

 

2.

Confirmation of Minutes

196/20

RESOLVED on the motion of Crs Dodds and Fitzpatrick

That the Minutes of the Ordinary Meeting held on 26 August 2020 as circulated, be taken as read and confirmed.

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

Against:                  Nil

 

 

 

3.          Declarations

There were no declarations of interest.

 

4.              Public Forum

           Report by Mayor of deputations heard prior to the meeting

 

There was no Public Forum.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

 

7.          Urgent Business

There was no urgent business.

Mayoral Election

1

Selection of a Chairperson for the Mayoral Election

 

The Mayor called for nominations for the position of chair.

197/20

RESOLVED on the motion of Crs Bain and Nadin

That the General Manager be appointed to Chair the meeting until the conclusion of the election of the Mayor.

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

Against:                  Nil

 

.

Statement by Mayor Tapscott

 

Cr Tapscott made a statement

Since being elected in 2012 it has been my privilege to serve my community as councillor, deputy Mayor and for a short time, Mayor.
It has been a great honour.
Today I will not be putting myself up for re-election for any position as I will shortly be retiring, to become a full time career for my husband, who suffers a degenerative disease.
I would like to thank  all I have worked with, especially the staff.
This is not a decision I have taken lightly, but it is the right one.
I hope the incoming Mayor and Deputy will enjoy the same support I have enjoyed and can be confident that they are working with one of the best staff teams in the state.
I wish you all well in your future decision making.”

 

The Mayor Cr Sharon Tapscott vacated the Chair at 2:04 pm.

 

2

Statement by Candidates for the position of Mayor

 

The General Manager, as Returning Officer advised that she had received two formal nominations for position of Mayor, being:

 

·         Cr Russell Fitzpatrick      (Nominated Cr Tapscott, Seconded Cr Fitzpatrick, Accepted by Cr                                                Fitzpatrick

·         Cr Robyn Bain                   (Nominated Cr Allen, Seconded Cr Nadin, Accepted by Cr Bain)

 

The Returning Officer asked if there were any further nominations and none were forthcoming.

 

The Returning Officer invited Cr Fitzpatrick and Cr Bain to provide a statement (maximum 5 minutes).

 

Cr Russell Fitzpatrick provided a statement to the meeting.

 

Cr Robyn Bain provided a statement to the meeting.

 

A point of order was called by Cr Dodds regarding comments made by Cr Bain during her statement.

The Chairperson ruled in favour of the point of order and directed Cr Bain to refrain from including comments regarding other Councillors in her statement.

 

198/20

RESOLVED on the motion of Crs Allen and Dodds

That the statements from Cr Fitzpatrick and Cr Bain be noted

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

Against:                  Nil

 

3

Election of Mayor

199/20

RESOLVED on the motion of Crs McBain and Allen

1.    That the election of Mayor for the 16 September 2020 until 3 September 2021 proceed as outlined in the report with appropriate Resolutions.

2.    That the election of the Mayor for the period 16 September 2020 until 3 September 2021 proceed by voting by way of:

·       open voting by way of show of hands or voting cards with the “tick” symbol

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

Against:                  Nil

 

A point of order was called by Cr Dodds regarding the questioning by Cr Bain of the tenure of certain Councillors.

The Chair ruled in favour of the point of order.

The Returning Officer asked for open voting by way of show of hands or voting cards with the “tick” symbol:

Cr Fitzpatrick

IN FAVOUR:             Crs Seckold, Fitzpatrick, Griff, Dodds and Tapscott

ABSTAIN:                  Cr McBain

Given the voting outcome for Cr Fitzpatrick, no vote was required for Cr Bain.

The Returning Officer advised that for the position of Mayor, Cr Fitzpatrick  was declared elected for the period 16 September 2020 until 3 September 2021.

The Mayor Cr Fitzpatrick assumed the Chair at 2:17 pm.

The General Manager remained as returning officer.

 

4

Election of Deputy Mayor

 

The General Manager, as Returning Officer advised that she had received one formal nomination for position of Deputy Mayor, being:

 

·         Cr Liz Seckold       (Nominated Cr Seckold, Seconded Cr Tapscott, Accepted by Cr Seckold)

 

 

The Returning Officer asked if there were any  nominations from the floor for the position of Deputy Mayor.

 

A nomination was received from the floor:

 

·       Cr Griff                    (Nominated Cr Dodds, Seconded Cr Griff, Accepted by Cr Griff)

 

 

The Returning Officer invited Crs Seckold and Griff to provide a statement (5 minute maximum).

 

Cr Seckold made a statement.

Cr Griff made a statement.

 

200/20

RESOLVED on the motion of Crs Dodds and Seckold

That the statements from Cr Seckold and Cr Griff be noted.

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

Against:                  Nil

201/20

RESOLVED on the motion of Crs Dodds and Allen

1.    That the election of Deputy Mayor for the period 16 September 2020 until 3 September 2021 proceed as outlined in the report with appropriate resolutions.

        2.    That the election of the Deputy Mayor for the period until 16 September 2020 until 3        September 2021 proceed by voting by way of:

·       open voting by way of show of hands or voting cards with the “tick” symbol

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

Against:                  Nil

 

The Returning Officer asked for open voting by way of show of hands or voting cards with the “tick” symbol:

Cr Seckold

IN FAVOUR:             Crs Seckold, Fitzpatrick, Tapscott and Allen

ABSTAIN:                  Crs Bain, McBain and Nadin

The Returning Officer asked for open voting by way of show of hands for:

Cr Griff

IN FAVOUR:             Crs Dodds and Griff

ABSTAIN:                  Crs Bain, McBain and Nadin

The Returning Officer advised that for the position of Deputy Mayor, Cr  Seckold  was declared elected for the period 16 September 2020 until 3 September 2021.

202/20

RESOLVED on the motion of Crs Allen and Seckold

3.    That all nomination papers used in connection with the election of the Mayor and Deputy Mayor for the period ending 3 September 2021 be destroyed.

4.      That the Chief Executive of the Office of Local Government and the Chief Executive of the Local Government NSW be advised of the result of the election of the Mayor and Deputy Mayor for the period until 3 September 2021

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

Against:                  Nil

 

2:34 pm               The meeting was adjourned for 10 minutes.

2:45 pm               The meeting was reconvened.

2:45 pm               Cr Fitzpatrick as Mayor returned as Chairperson of the meeting.

8.          Staff Reports – Planning and Environment

 

8.1

Demolition of existing dwelling and erection of detached dual occupancy, 846 Mogilla Road Tantawangalo

203/20

RESOLVED on the motion of Crs Tapscott 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 2 DP 1231761, 846 Mogilla Road, Tantawangalo.

3.    Approves the development application subject to the recommended Conditions of Consent (Attachment 5).

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

Against:                  Nil

 

 

 

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

EOI 2021-11 Use and Occupation of Tathra Beach Kiosk building

204/20

RESOLVED on the motion of Crs Nadin and Bain

That Item 11.1 be discussed in Confidential Closed Session as the confidential attachments contain commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

Against:                  Crs Griff and Dodds

 

 

11.2

Telemetry and SCADA Upgrades - RFT 30/20 Goods, RFT 33/20 Services and RFT 36/20 Construction

205/20

NOTE

Resolution 205/20  in Original Minutes Published on 18/9/20 was incorrect

Corrections are  indicated in Red

 

RESOLVED on the motion of Crs Dodds and Seckold

 

1.    That Council accept the recommendations in the confidential attachment.

1.    That Council accept the recommendations to award three contracts to upgrade telemetry         and SCADA of Water and Sewerage Services assets as outlined in the confidential attachment.

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

Against:                  Nil

 

206/20

NOTE

Resolution 205/20  in Original Minutes Published on 18/9/20 was incorrect

Corrections are  indicated in Red

 

RESOLVED on the motion of Crs Dodds and Seckold

 

2.    That Council award three contracts to upgrade telemetry and SCADA of Water and Sewerage Services assets to Safegroup Automation and enter a contract in relation to the works described in tender:

·         30/20 GOODS in the amount of $275,540 initially (including GST), subject to variations, provisional sums and prime cost items. The indicative total price is $1,211,000.00

·         33/20 SERVICES in the amount of $119, 639 initially (including GST), subject to variations, provisional sums and prime cost items. The indicative total price is $961,000.00

·         36/20 CONSTRUCTION in the amount of $268,334 initially (including GST), subject to variations, provisional sums and prime cost items. The indicative total price is $1,178,000.00

2.a      That Council accept the tender from SAFEGROUP AUTOMATION and enter a contract in              relation to the works described in Tender 30/20 GOODS in the amount of $ 275,540 initially           (including GST), subject to variations, provisional sums and prime cost items. The indicative      total price is $1,211,000

 

2b.      That Council accept the tender from SAFEGROUP AUTOMATION and enter a contract in              relation to the works described in Tender 33/20 SERVICES in the amount of $ 119,639              initially (including GST), subject to variations, provisional sums and prime cost items. The              indicative total price is $961,000

 

2c.       That Council accept the tender from CORE ELECTRICS and enter a contract in relation to              the works described in Tender 36/20 CONSTRUCTION, in the amount of $ 268,334 initially              (including GST), subject to variations, provisional sums and prime cost items. The indicative      total price is $1,178,000

3.    That authority is delegated to the General Manager to execute all necessary documentation.

4.    That all tenderers be advised of Council’s decision.

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

Against:                  Nil

 

 

 

 

11.3

Classification of land at Tanja

207/20

RESOLVED on the motion of Crs Allen and Tapscott

That Council give notice of its intention to classify Lot 2 DP 1262460 at 14 Barrabooka Road, Tanja 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.        Staff Reports – Governance and Strategy

 

12.5

Appointment of Councillor representatives to Committees and external bodies and second representative to the Audit Risk and Improvement Committee

208/20

RESOLVED on the motion of Crs Tapscott and Nadin

 

1.      That Council appoint the current delegates to positions as outlined in the table below, with the noted amendments.

Council Section 355 Committee/Panel

Delegate Representative Elected 2018/20

Access and Inclusion Committee

Cr Bain

Audit, Risk and Improvement Committee

Cr Nadin

Cr Fitzpatrick

Bega, Eden, Merimans Local Aboriginal Liaison Committee

Mayor (alternates Crs Seckold and Dodds)

Note: elected August 2019

Bega Valley Medallion Committee

Mayor

Coastal Planning and Management Panel

Cr Seckold

General Cemetery Advisory Committee

Cr Dodds

General Community Halls Committee

Cr Bain

General Sportsground Committee

Crs Nadin and Allen

Montreal Goldfields (committee established 26 August 2020 meeting)

*Resolved at Ordinary Meeting of Council on 26 August 2020

Cr Seckold (Cr Dodds – alternative)

Internal or Community Committee/Panel

Delegate Representative Elected 2018/20

Awards and Scholarships Committee

Mayor, Cr Seckold, Dodds and Nadin

Bega Valley Community Disaster Relief Fund

Cr Seckold

Cr Dodds

Central Waste Facility Community Consultation Committee (CWFCCC)

Mayor

Community Environment Grants Committee

Crs Griff and Seckold

Community Events and Festivals Grants Evaluation committee

Crs Griff, Allen and Nadin

Heritage Grants Committee

Crs Dodds and Seckold

Integrated Water Cycle Management Reference Panel

Mayor

Local Traffic Committee & Traffic Development Advisory Committee

Cr Bain

Police Liaison Committee

Mayor

External Groups Committee/Organisation

Delegate Representative Elected 2018/20

Australian Coastal Councils Association Inc

Cr Griff

Batemans Marine Park

Cr Dodds

Bega Valley Bush Fire Management

Cr. Bain (Cr Dodds – alternative)

Bega Valley Business Forum

Cr Fitzpatrick

Biamanga National Park

Cr Bain (Cr Seckold- alternative)

Clean Energy for Eternity MoU

Cr Dodds

Country Mayor’s Association

Mayor

Canberra Region Joint Organisation (CRJO)

Mayor (alternate Deputy Mayor)

Local Government NSW

(Council has 3 voting delegates at conference)

Mayor, Crs Fitzpatrick, Griff – Annual Conference; resolved 2018

Mayor other LGNSW forums/meetings

Mumbulla Foundation

Cr Dodds

NSW Public Library Association

Cr Dodds

South East Arts

Cr Griff

South East Australian Transport Strategy (SEATS)

Mayor

Southern Joint Regional Planning Panel

Cr Dodds

Cr Fitzpatrick

Alternative 1 – Cr Nadin

Alternative 2 – Cr Seckold

 

2.     That the second representative for the Audit Risk and Improvement Committee be Cr Fitzpatrick.

3.     That the two representatives for the Bega Valley Community Disaster Relief Fund be Cr Dodds and Seckold.

4.      That the community members of Council appointed Section 355 Committees/Panels and community committees be extended until the end of 2021.

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

Against:                  Nil

 

12.6

Council Action Following Eden Lime Incident in June 2020

 

 

A motion was moved by Crs Bain and Nadin

1.       That Council acknowledge that several residents within Eden had impacts to personal property as a result of road stabilisation works undertaken in Eden by Council’s sub-contractor Stabilco over a period of three days on 10, 11 and 12 June 2020

 

2.       That Council confirm works involving a similar pavement treatment method did not continue in Merimbula shortly after the works in Eden until such time the  observed impacts in Eden would not be replicated in future projects.

 

3.       That Council note and endorse the actions taken to date by staff in working with Councils insurers to have the impacts to personal property of residents in Eden as a result of works undertaken by Stabilco addressed though Stabilco and their insurers.

 

4.       That Council continue to progress advocacy with its insurers to ensure that the matter progresses to gain the best outcome for impacted residents.

 

5.       That Council note the unique circumstances surrounding this matter including the distress caused to members of the community by recent bushfires and the impacts on Eden as border community with respect to COVID-19.

 

6.       That Council hold a community information briefing hosted by the Mayor and with senior staff in attendance to outline the short term and potential long term options.   

 

Cr Dodds proposed an amendment to Crs Bain and Nadin’s motion:

6.    That Council hold a community information briefing hosted by the Mayor senior staff in         attendance to outline the short term and potential long term options.   

The amendment was not accepted by Cr Bain

 

Cr McBain proposed an amendment to Crs Bain and Nadin’s motion:

6.    That Council hold a community information briefing hosted by the Mayor and with senior         staff in attendance. to outline the short term and potential long term options.   

The amendment was accepted by Crs Bain and Nadin

 

A motion was moved by Crs Bain and Nadin

1.       That Council acknowledge that several residents within Eden had impacts to personal property as a result of road stabilisation works undertaken in Eden by Council’s sub-contractor Stabilco over a period of three days on 10, 11 and 12 June 2020

 

2.       That Council confirm works involving a similar pavement treatment method did not continue in Merimbula shortly after the works in Eden until such time the  observed impacts in Eden would not be replicated in future projects.

 

3.       That Council note and endorse the actions taken to date by staff in working with Councils insurers to have the impacts to personal property of residents in Eden as a result of works undertaken by Stabilco addressed though Stabilco and their insurers.

 

4.       That Council continue to progress advocacy with its insurers to ensure that the matter progresses to gain the best outcome for impacted residents.

 

5.       That Council note the unique circumstances surrounding this matter including the distress caused to members of the community by recent bushfires and the impacts on Eden as border community with respect to COVID-19.

 

6.       That Council hold a community information briefing hosted by the Mayor and with senior staff in attendance.   

 

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Dodds, Tapscott and Griff

 

A motion was foreshadowed by Cr Griff

That Council receive and note the report regarding the Eden Lime incident in June 2020.

 

209/20

RESOLVED on the motion of Crs Bain and Nadin

1.       That Council acknowledge that several residents within Eden had impacts to personal property as a result of road stabilisation works undertaken in Eden by Council’s sub-contractor Stabilco over a period of three days on 10, 11 and 12 June 2020

 

2.       That Council confirm works involving a similar pavement treatment method did not continue in Merimbula shortly after the works in Eden until such time the  observed impacts in Eden would not be replicated in future projects.

 

3.       That Council note and endorse the actions taken to date by staff in working with Councils insurers to have the impacts to personal property of residents in Eden as a result of works undertaken by Stabilco addressed though Stabilco and their insurers.

 

4.       That Council continue to progress advocacy with its insurers to ensure that the matter progresses to gain the best outcome for impacted residents.

 

5.       That Council note the unique circumstances surrounding this matter including the distress caused to members of the community by recent bushfires and the impacts on Eden as border community with respect to COVID-19.

 

6.       That Council hold a community information briefing hosted by the Mayor and with senior staff in attendance.   

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

Against:                  Crs Griff, Tapscott and Dodds

 

 

 

13.        Staff Reports – Finance

 

13.1

Review of Internally Restricted Reserves

 

A motion was moved by Cr Fitzpatrick 

 

1.    That Council defer consideration of its reserves for one month in line with the finalisation of         the 2020 EOFY and at that time consider all internally restricted reserves and their current         relevance.

2.    That staff ensure that all costs associated with the purchase and sale of the Australasia Hotel         of approximately $600k be allocated against the Property and Asset Replacement Reserves         and costs for the Merimbula Airport terminal building not funded by loan which was unable         to be drawn down be funded by the Airport and Buildings Reserve with these to be         reimbursed when the loan is drawn.

 

A amendment to the motion was proposed by Cr Allen

 

1.    That Council defer consideration of its reserves for one month in line with the finalisation of         the 2020 EOFY and at that time consider all internally restricted reserves and their current         relevance. until the baseline financial review of years 2016-2019, as resolved by Council, has been completed.

 

2.    That staff ensure that all costs associated with the purchase and sale of the Australasia Hotel         of approximately $600k be allocated against the Property and Asset Replacement Reserves         and costs for the Merimbula Airport terminal building not funded by loan which was unable         to be drawn down be funded by the Airport and Buildings Reserve with these to be         reimbursed when the loan is drawn.

 

The amendment was accepted by Cr Fitzpatrick.

 

A motion was moved by Crs Fitzpatrick and Allen

 

That Council defer consideration of its reserves until the baseline financial review of years 2016-2019, as resolved by Council, has been completed.

 

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

 

210/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

 

That Council defer consideration of its reserves until the baseline financial review of years 2016-2019, as resolved by Council, has been completed.

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

Against:                  Nil

 

 

13.2

Financial Assistance for Preschools

211/20

RESOLVED on the motion of Crs Tapscott and Bain

That Council continue to support families to access Council-operated preschool services at no cost until 31 December 2020. This service will be funded from NSW Government contributions, with any shortfall met from Council’s Children’s Services Reserve.   

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/alternation motions.

16.      Notices of Motion

 

16.1

Indigenous place based agreement

212/20

RESOLVED on the motion of Crs McBain and Tapscott

 

That as a priority, the Bega Valley Shire Council take up the generous offer of Pat Turner AM Convenor of the Coalition of the Peaks, Co-Chair of Joint Council on Closing the Gap to take up her leadership to progress to develop the first place based agreement between local Elders, indigenous organisations, Local, State and Federal governments to embed local Aboriginal voices in local decision making and that this opportunity be raised with BEM & Elders.

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

Against:                  Nil

 

 

 

16.2

Referral of Development Applications to Council for Determination

 

An amendment was proposed by Cr Nadin

That Council’s planning policy be discussed at a Councillor Workshop

The amendment was not accepted by Cr Griff.

213/20

A motion was moved by Crs Griff and Dodds

That Council’s planning policy be amended to require that a development application is to be brought to Council for determination where:

a)    it has attracted objections that raise 10 or more relevant planning issues, or

b)    a lesser number of planning issues have been raised but staff consider the matter warrants determination by Council due to the complexity of the planning matters involved or the extent of public interest.

The motion was put to the vote and it was LOST

In favour:             Crs Griff, Seckold, Tapscott and Dodds

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

17.      Questions with Notice

 

17.1

FOGO Compost

 

A response to this question on notice was included in a report in the Council Meeting Agenda of 16 September 2020.

 

 

Cr Bain asked further clarifying questions regarding this matter.

The Director Assets and Operations responded that further reviews of process improvements that could be undertaken to reduce contamination in FOGO form part of the larger waste facility consolidation and modernisation project. The reason for this is that further infrastructure investments will likely be dependent on the site and type of process used in the future. The current Merimbula site is constrained in terms of what is possible at the site.

 

18.      Questions without Notice

 

18.1

Status of Merimbula Courts Funding

 

Cr Tapscott asked could Mr McMahon advise on the outcome of the advocacy work that Council has been doing in relation to the additional $200,000 for Merimbula Basketball Courts.

 

The Director Assets and Operations responded that initial verbal confirmation had been provided from the Local Member in recent weeks and indicated that, as of yesterday, the NSW Office of Sport had confirmed, in writing, they would make the additional funding available. This would now enable staff to engage a contractor to progress the works. He advised that further report would be provided to Council to close off the matter.

 

18.2

Rural Living Strategy

 

Cr Nadin asked for an update on the status of the Rural Living Strategy report which was to be brought back to Council.

The Director Community, Environment and Planning responded that Council officers were engaging with the NSW Department of Planning, Industry and Environment to seek clarification of whether any of the identified planning options were supported.  Should DPIE support an approval pathway, Council officers would seek to engage with landowners about their interest in participating in that program.  The project is on track for reporting back to Council by December.

 

18.3

Granite Hill Windfarm

 

Cr Nadin asked for an update on the presentation to Council from the developers of Granite Hill Windfarm.

The Director Community, Environment and Planning responded that a presentation to Council on the Granite Hill Windfarm would be delivered by the applicant once the environmental impact assessment had been completed.  At this stage, that is scheduled for early 2021.

 

.

Statement by Cr Dodds

214/20

RESOLVED on the motion of Crs Tapscott and Griff

That Cr Dodds be allowed to make a statement.

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

Against:                  Nil

Cr Dodds made a statement acknowledging today as the second anniversary of the Yankee’s Gap Fire.

 

 

19.        Confidential Business

 

 

Adjournment Into Closed Session

215/20

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

·         Item 11.1 EOI 2021-11 Use and Occupation of Tathra Beach Kiosk building

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above, as it pertains to business that is commercial in confidence.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

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

Against:                  Nil

4:14 pm       The live streaming of the meeting ceased for the period of the Closed Session of Council.

4:14 pm       The Ordinary Meeting was adjourned.

4:20 pm         The Confidential Closed Session meeting commenced.

4:39 pm         The Confidential Closed Session meeting concluded.

4:40 pm         The Ordinary meeting was reconvened.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the live streaming of the Council Meeting would recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.

 

20.        Noting of Resolutions from Closed Session

20.1a

Noting of Resolutions from Closed Session

216/20

RESOLVED on the motion of Crs Dodds and Seckold

That the resolution from Closed Session be brought forward

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

Against:                  Nil

 

 

20.1b

EOI 2021-11 Use and Occupation of Tathra Beach Kiosk building

217/20

RESOLVED on the motion of Crs Dodds and Seckold

 

1.    That Council note the Expression of Interest process for the use and occupation of the Tathra Beach Kiosk building has now closed.

2.    That Council accepts the Expression of Interest (EOI) submission from Blend Providore as         detailed in the EOI submission.

 

3.    That subject to a Native Title assessment, Council as Crown Land Manager of Tathra Beach         Reserve (R79310) approve a 3x3x3 year lease to Blend Providore for the occupation of the         Tathra Beach Kiosk for an annual rental fee as determined by a formal market valuation and         increased annually by CPI.

 

4.    That Council authorise the General Manager and Mayor to enter into negotiations in order to execute the necessary lease documentation to provide tenure to the successful applicant.

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

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

Against:                  Crs Bain and Allen

 

21.        Declassification of reports considered previously in closed session

There were no declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 4:41 pm.

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 16 September 2020.