.

Resignation of Cr Tapscott

The Mayor, Cr Seckold, Cr Griff and Cr McBain acknowledged the contribution of Cr Tapscott to the Shire over the years and passed on their best wishes to Cr Tapscott and her family for the future.

1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

218/20

RESOLVED on the motion of Crs Allen and Bain

That the Minutes of the Ordinary Meeting held on 16 September 2020 as circulated, be taken as read and confirmed.

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

Against:       Nil

8.1

Endorsement of Commercial Land Use Planning Proposal

A motion was moved by Crs Dodds and Griff

That Council:

1.            Resolve to support the Commercial Land Use Planning Proposal (Attachment 1).

2.            Authorise Council officers to submit the planning proposal and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.            Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process.

An amendment was proposed by Cr Fitzpatrick:

1.            Resolve to support the Commercial Land Use Planning Proposal (Attachment 1), with the         removal of changes to the RU5 zone and to receive a subsequent report on proposed         changes to the RU5 zone.

2.            Authorise Council officers to submit the planning proposal and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.            Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process.

The amendment was accepted by Cr Dodds and Griff.

219/20

RESOLVED on the motion of Crs Dodds and Griff

That Council:

1.            Resolve to support the Commercial Land Use Planning Proposal (Attachment 1), with the         removal of changes to the RU5 zone and to receive a subsequent report on proposed         changes to the RU5 zone.

2.            Authorise Council officers to submit the planning proposal and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.            Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process.

.

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

Against:                  Nil

8.2

Endorsement of Secondary Dwellings and Dual Occupancies in Rural Zones Planning Proposal

220/20

RESOLVED on the motion of Crs McBain and Bain

That Council:

1.            Resolve to support the Secondary Dwellings and Dual Occupancies in Rural Zones Planning Proposal (Attachment 1).

2.            Authorise Council officers to submit the planning proposal and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.            Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process.

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

Against:                  Nil

8.3

Draft Wonboyn Entrance Management Policy

221/20

RESOLVED on the motion of Crs Bain and Dodds

1.    That Council publicly exhibit the draft Wonboyn Entrance Management Policy (Attachment 1) for a period of not less than 42 days.

2.    That Council officers prepare a further report to Council following conclusion of the public exhibition period. 

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

Against:                  Nil

8.4

Applications for Increasing Resilience to Climate Change Grant Program

222/20

RESOLVED on the motion of Crs Dodds and Seckold

That Council note that two applications for the NSW Government’s Increasing Resilience to Climate Change grant program are planned for submission by 15 October 2020.

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

Against:                  Nil

9.1

Bemboka Public Sculpture Installation

223/20

RESOLVED on the motion of Crs Griff and Seckold

That Council:

1.    Resolve to install the ‘Landed’ sculpture in Memorial Park, Bemboka (Site 2) given the results of a multi-criteria assessment and community support for this location.

2.    Recognise and thank individuals and businesses who donated to the sculpture at a launch event.

3.    Inform the Bemboka community of Council’s decision.

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

Against:                  Nil

11.1

Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers

224/20

RESOLVED on the motion of Crs Allen and McBain

1.    That Council receive and note the report.

2.    That Council give notice to the Minister for Lands and Forestry of the name and contact         details of Council’s engaged or employed Native Title Managers, as required, under Section         8.8 of the Crown Land Management Act 2016 (NSW).

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

Against:                  Nil

11.2

Status Update Merimbula Ford Park Courts Project

Cr Fitzpatrick declared a non-pecuniary and less than significant conflict of interest regarding Item 11.2 Status Update Merimbula Ford Park Courts Project on the basis that he is a board member of Bendigo Bank who is a partner in the project.

Cr Fitzpatrick remained in Chamber and took part in debate and voting.

225/20

RESOLVED on the motion of Crs Allen and McBain

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

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

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

Against:                  Nil

11.3

Community Hall Maintenance Funding 2020/21 and Community Hall Committee Nominations

226/20

RESOLVED on the motion of Crs Bain and Allen

1.      That Council receive and note the report.

2.      That Council endorse expenditure from the 2020/21 halls maintenance budget as outlined in this report with the allocation to be funded from the Public Domain and Buildings Special Variation.

3.    That Council endorse the projects proposed to be carried forward from prior years as outlined in this report with the funds to be allocated from the Public Domain and Buildings Special Variation.

4.      That Council appoint Elaine Dawn Williams to the Cobargo School of Arts Community Hall Committee.

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

Against:                  Nil

11.4

Costs and process to develop options for traffic calming in Merimbula

A motion was moved by Crs Nadin and Dodds

That the matter be deferred to a Councillor Workshop for further consideration.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Griff, Seckold and Dodds

227/20

RESOLVED on the motion of Crs Nadin and Dodds

That the matter be deferred to a Councillor Workshop for further consideration.

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

Against:                  Crs Griff, Seckold and Dodds

11.5

Bega Valley Local Traffic Committee

Cr Fitzpatrick declared a non-pecuniary but significant conflict of interest regarding Item 11.5 Bega Valley Local Traffic Committee on the basis that his brother owns property adjoining Cowdry Lane.

Cr Fitzpatrick left the Chamber and took no part in debate and voting.

2:57 pm     Cr Fitzpatrick left the Chamber.

The Deputy Mayor, Cr Seckold, assumed the role as Chair of the meeting.

228/20

NOTE

Resolution 228/20  in Original Minutes Published on 9/10/20 excluded item headings

Corrections are  indicated in Red

RESOLVED on the motion of Crs Bain and Allen

That Council adopt the recommendations of the Bega Valley Local Traffic Committee email dated 2 September 2020 to be tabled at the 7 October 2020 Council meeting.

Recommendation:   

Tathra Wharf to Waves 16 & 17 January 2021

1.    That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 16 January 2021 be approved.

2.    That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 16 January 2021, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the RMS Traffic Control Manual.

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

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

5.    That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

6.    That prior to conducting the event, organisers have written approval from NSW Police Force and NSW National Parks and Wildlife Service.

7.    That the organisers advertise the change to traffic conditions for the event.

8.    That local emergency services and transport operators be notified prior to the event.

9.    That approval be provided, subject to current Public Liability Insurance and COVID19 rules         and regulations

Request for “No Stopping” Clarke Lane Bega

10. That Council approve the installation of a “No Stopping” zone at the eastern and northern        sides of  Clark Lane commencing at its building line intersection with Carp Street for a        distance of 75   metres to the commencement of the existing loading zone.

Signage request on Cowdroy Lane South Pambula

11. That Council approve the installation of a “No Entry/No Exit” sign at the intersection of Mount            Darragh Road with the unformed section of Cowdroy Lane, South Pambula.

12. That Council physically restrict access to pedestrian use only by the installation of physical              barriers.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

11.6

Proposed boundary adjustment: The Crest, Mirador

229/20

RESOLVED on the motion of Crs Allen and Bain

1.    That Council receive and note the report.

2.    That Council approve the proposed boundary adjustment and divestment of a 73m² section of Lot 83 DP 739561 at Mirador as shown on the attached plan for the value of $3,062 (plus GST).

3.    That all costs associated with this matter, including all legal costs, survey work, plan preparation, subdivision application and registration fees be borne by the applicant.

4.    That the General Manager and Mayor be authorised to execute the necessary documentation to affect the above course of action.

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

Against:                  Nil

11.7

Merimbula Airport - Regular Passenger Transport Proposal

230/20

RESOLVED on the motion of Crs Nadin and Allen

That Item 11.7 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, Dodds and Allen

Against:                  Cr Griff

12.1

Gift Register - September 2019 to August 2020

231/20

RESOLVED on the motion of Crs Nadin and McBain

That Council note the Gift Register activities between 1 September 2019 and 31 August 2020.

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

Against:                  Nil

12.2

LGNSW Annual Conference November 2020

232/20

RESOLVED on the motion of Crs Dodds and McBain

1.    That Council note the cancellation and/or postponement of conferences due to the COVID-            19         pandemic.

2.      That Council endorse Cr Dodds to replace Cr Fitzpatrick (now attending as Mayor) to the attend the Virtual Local Government NSW (LGNSW) Annual Conference to be held on 23 November 2020, with the necessary registration costs to be borne by Council.

3.      That Council endorse the Mayor, Cr Griff and Cr Dodds as voting delegate(s) for both types of voting: voting on motions; and voting in the Board election.

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

Against:                  Nil

Abstained:             Cr Bain

233/20

RESOLVED on the motion of Crs Griff and Dodds

4.      That Council endorse the following motion for forwarding to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on 25 October 2020 to the LGNSW website:

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

Against:                  Nil

Abstained:             Cr Bain

234/20

RESOLVED on the motion of Crs Dodds and Seckold

5.      That Council endorse the following motion for forwarding to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on 25 October 2020 to the LGNSW website:

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

Against:                  Nil

Abstained:             Crs Bain and Nadin

12.3

Lease of land for a Rural Fire Station at Jellat

235/20

RESOLVED on the motion of Crs Bain and McBain

1.    That Council receive and note the report.

2.    That Council delegate authority to the General Manager and Mayor to execute the necessary lease documentation to affect a lease over Lot 1 DP 770241 at Jellat for a period of five (5) years for the purpose of a rural fire station with the initial rent being $367.27 (plus GST) per annum adjusted annually by CPI.

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

Against:                  Nil

12.4

Model Code of Conduct - August 2020 Amendments

236/20

RESOLVED on the motion of Crs Dodds and McBain

1.   That Council adopt the revised Bega Valley Shire Council Code of Conduct in line with the Office of Local Government Model Code of Conduct 2020.

2.   That Council adopt the New Code for the Administration of The Model Code of Conduct for Local Councils in NSW 2020

3.   That the documents be published on Council’s website.

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

Against:                  Crs Nadin and Allen

12.5

Acting General Manager

237/20

RESOLVED on the motion of Crs Allen and McBain

1.    That the Council appoint Dr Howe, Director Community Environment and Planning, as Acting General Manager for the upcoming period of the General Manager’s annual leave from 13 to 26 October 2020.

2.    That Council delegate to the Acting General Manager Dr Howe, the authority to exercise all discretionary functions that Council is capable of delegating and is not prohibited from doing so under sect 377 of the Local Government Act 1993, and also excluding any specific functions which Council has, by resolution, reserved to Council.

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

Against:                  Nil

13.1

Reserve allocations in the 2019-20 financial year

A motion was moved by Crs Fitzpatrick and Allen

1.    That Council note the allocation of funding against its reserves for the Financial Year ending         30 June 2020.

2.    Council authorise the release $3,492,720 of internally restricted reserves at 30 June 2020.

3.    That Council note that the released internal restrictions as at 30 June 2020 will be reinstated         from outstanding debtors income at the September Quarterly Budget Review.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Bain and Nadin

A motion was foreshadowed by Cr Bain

1.    That Council resolve to maintain all internally restricted funds currently allocated and notes         the impact of accounting for these restrictions on the final cash position for the FY2020         Financial Statements, Cash and Investments. This decision would result in a qualified audit.

238/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council note the allocation of funding against its reserves for the Financial Year ending         30 June 2020.

2.    Council authorise the release $3,492,720 of internally restricted reserves at 30 June 2020.

3.    That Council note that the released internal restrictions as at 30 June 2020 will be reinstated         from outstanding debtors income at the September Quarterly Budget Review.

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

Against:                  Crs Bain and Nadin

13.2

Carry Forwards and Revotes

239/20

RESOLVED on the motion of Crs McBain and Seckold

That Council:

1.    Receive and note the FY2020 carry forward projects and;

2.    Resolves revotes from the FY2020 financial year budget allocation for projects not commenced as documented in the report allocating the corresponding budget to FY2021.

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

Against:                  Nil

13.3

Financial Assistance Grants 2020-21 and Disability Factors for Assessment

240/20

RESOLVED on the motion of Crs Bain and Nadin

1.      That Council note the letter from the NSW Local Government Grants Commission and the Financial Assistance Grant prepayment amount.

2.      That Council support a submission being lodged with the Commission relating to the financial impact of expenditure disabilities relating to the financial disaster recovery impacts on Bega Valley Shire Council not generally recognised in the current methodology.

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

Against:                  Nil

Absent:                    Cr McBain

13.4

Refer Financial Statements for Audit

241/20

RESOLVED on the motion of Crs Allen and Seckold

1.       That Council resolve that the Council’s General Purpose Financial Report is prepared in accordance with:

a)    The Local Government Act 1993 (as amended) and the Regulations made there under; and

b)    The Australian Accounting Standards and professional pronouncements; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)    Presenting fairly the Council’s operating result and financial position for the year; and

e)    Council’s accounting and other records.

2.       The Council’s Special Purpose Financial Reports are prepared in accordance with:

a)    NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b)    Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)    The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e)    Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f)     Council’s accounting and other records.

3.       That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way and include such information in the statement.

4.       That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5.    That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit, with the draft documents to be published to Council’s website following finalisation of current bushfire and flood impairment assessment of transport assets.

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

Against:                  Nil

Absent:                    Cr McBain

18.1

Eden Lime Incident Progress

Cr Bain asked could Council provide an update on negotiations regarding insurance between Stabilco and Council.

The question was taken on notice by the Director Business and Governance.

18.2

Old Pambula Courthouse

Cr Nadin asked about the lease arrangement at Old Pambula Courthouse and the timeline and dialogue between Council and the tenant.

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

18.3

Tura Library

Cr Nadin asked for an update on the Tura Library renovations and lease arrangements of the adjoining house.

Dr Howe provided a response  advising that concept design work for the downstairs level of Tura Library is underway. Once completed, the cost to do the work will be better understood. 

Mr McMahon took the question on lease arrangements of the adjoining house on notice.

18.4

Shared Path – Kalaru – Referred to as “bike” path

Cr Dodds asked about the Shared Path at Kalaru, following community concern it is being referred to as a “bike” path, and indicating some Council signage refers the same.

Cr Dodds asked about the installation of dog poo bags at the ends of the shared path.

Mr McMahon provided a response that the path has always been referred to as a shared path and that all types of pedestrian users will be able to use the path. Signage will be reviewed however it is unlikely signage would exclude any type of pedestrian use. The opportunity to install dog bags will be further investigated.

18.5

Shared Path - Kalaru - Heritage Findings

Cr Dodds asked about recent heritage findings at Kalaru and requested Councillors be provided with an update on what has been unearthed and what processes it has triggered.

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

18.6

Cobargo Toilets

Cr Griff asked about the toilets in Cobargo at the Hayden Building on the main road, indicating they have been locked, when people thought there was an agreement with Council for them to be able to be used.

Dr Howe provided a response and will provide a report back to Council.

18.7

FOGO Compost Screening

Cr Bain asked a follow up from a previous question on notice from 16 September 2020 Council Meeting, where she asked “what measures the Council are going to take of screening of the compost we are making”, indicating the response was insufficient.

Cr Bain asked “Could it be qualified how much the Council has had to pay out of the waste area for remediation of people’s lawns and gardens.”

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

18.8

Recognising Outstanding Local People

Cr Seckold asked if Council have any plans for members of our community who have been recognised and received awards from the Premier.

The question was taken on notice by the Director Community, Environment and Planning.

Adjournment Into Closed Session

242/20

RESOLVED on the motion of Crs Nadin and Allen

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

·         Item 11.7 Merimbula Airport – Regular passenger transport proposal

                        Reason for Confidentiality

                        The confidential attachments contain commercial information of a confidential                                     nature under the provisions of Section 10A(2) of the Local Government Act 1993,                                        which    permits the meeting to be closed to the public for business relating to (d) a                                     discussion 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.

·         Item 18.1 Trunk Main Water Supply – request for leniency on water charges account

                         Reason for Confidentiality

                         This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the                                      Local Government Act, which permits the meeting to be closed to the public for                              business relating to (b) a discussion in relation to the personal hardship of a                                                   resident or ratepayer.

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.

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, Seckold, Dodds and Allen

Against:                  Nil

Absent:                    Cr McBain

20.1a

11.7 Merimbula Airport - Regular Passenger Transport Proposal

243/20

RESOLVED on the motion of Crs Allen and Bain

1.   That Council receive and note this report and Confidential Proposal as attached.

2.    That Council consider the Council officers’ recommendation as detailed in the attached         Confidential Report.

3.    That Council authorise the General Manager and Mayor to enter into negotiations with the         company to enter into a commercial agreement for the company to commence Regular         Passenger Transport (RPT) services from Merimbula Airport.

4.    Upon conclusion of the negotiations and entering into an agreement with the company a         report is brought back to Council detailing the agreement specifics.

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

Against:                  Nil

Absent:                    Cr McBain

20.1b

18.1 Trunk Main Water Supply - request for leniency on water charges account

244/20

RESOLVED on the motion of Crs Bain and Allen

That the matter be deferred for further discussion at a Councillor Workshop.

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

Against:                  Nil

Absent:                    Cr McBain