Ordinary Meeting Minutes

Held on Wednesday 22 September 2021

Via Zoom commencing at 2:08pm

 


 Present

Cr Russell Fitzpatrick , Mayor

Cr Liz Seckold

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Mitchell Nadin

 In Attendance

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director,  Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Acting Manager Communications and Events, Ms Sharon Wellard

Minute Secretary, Mrs Jackie Grant

 

 

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 and present.

1.

Apologies

 

There were no apologies.

 

2.

Confirmation of Minutes

208/21

RESOLVED on the motion of Crs Dodds and Allen

1.    That the Minutes of the Ordinary Meeting held on 18 August 2021 and the Extraordinary         Meeting held on 14 September 2021 as circulated, be taken as read and confirmed.

2.    That the minutes of the Ordinary Council Meeting of 4 August 2021 be amended as indicated         in red text:

 

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

Against:                  Nil

 

3.          Declarations

There were no declarations of interest.

4.          Public Forum

The following deputations were heard:

Item 8.1 Clay Target Shooting Range – Lot 1012 DP 1172182, Murrah River Road – Additional Shoot Days

·         Mr Geoff Steel OBO Four Winds Concert Inc – AGAINST

·         Mr Enrico Coiera – AGAINST

·         Mr Robert Bertram – AGAINST

·         Mr Neville Brady – OBO Bermagui Sporting Clays - FOR

Item 8.1 Clay Target Shooting Range – Lot 1012 DP 1172182, Murrah River Road – Additional Shoot Days

·         Ms Shirley Bazley OBO  Merimbula-Imlay Historical Society Inc – AGAINST

·         Mr Chris Ralfs – AGAINST

·         Ms Elizabeth Slapp OBO Kel & Jeanette Stolzenhein -  FOR

·         Mr David Hobbes OBO Kel & Jeanette Stolzenhein - FOR

The comments and addresses from these requests were circulated to Councillors and are available on Council’s website.

5.              Petitions

There were no Petitions.

6.        Mayoral Minutes

6.1

Infrastructure Contributions Reforms

209/21

RESOLVED on the motion of Cr Fitzpatrick

That Council:

1.    Calls on the NSW Government to withdraw the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (the Bill) from the NSW Parliament.

2.    Writes to the Member for Bega The Hon Andrew Constance, the Premier The Hon Gladys Berejiklian MP, Treasurer The Hon Dominic Perrottet MP Minister for Planning and Public Spaces The Hon Rob Stokes MP, and Minister for Local Government The Hon Shelley Hancock MP, seeking:

        a)    withdrawal of the Bill;

        a)    further consultation with the local government sector on any proposed reforms to the infrastructure contributions system; and

        b)    de-coupling of the Independent Pricing and Regulatory Tribunal’s review of the rate peg to include population growth from the infrastructure contributions reforms.

3.    Writes to the Shadow Treasurer The Hon Daniel Mookhey MLC, Shadow Minister for Planning and Public Spaces Mr Paul Scully MP, Shadow Minister for Local Government Mr Greg Warren MP, The Greens Mr David Shoebridge MLC, Shooters, Fishers and Farmers Party, The Hon Robert Borsak MLC, Pauline Hanson’s One Nation The Hon Mark Latham MLC, Animal Justice Party The Hon Emma Hurst MLC, Christian Democratic Party (Fred Nile Group) The Hon Fred Nile MLC, Independent Mr Justin Field, Portfolio Committee Chair The Greens Ms Cate Faehmann MLC, Portfolio Committee Deputy Chair Animal Justice Party The Hon Mark Pearson MLC and Committee members Liberal Party The Hon Catherine Cusack MLC and The Hon Shayne Mallard MLC, The Nationals The Hon Ben Franklin MLC, and Australian Labor Party’s The Hon Rose Jackson MLC and The Hon Adam Searle MLC seeking their support in securing the withdrawal of the Bill from the NSW Parliament and outlining Council’s concerns with the Bill.

4.    Alerts the local media to the threat of future ratepayer funds being expended rather than developer levies for new public infrastructure brought about by increased development under the proposed legislation and shares and promotes these messages via its digital and social media channels and via its networks.

5.    Affirms its support to LGNSW and requests LGNSW continue advocating on our behalf to protect local government from any amendments to infrastructure contributions that leaves councils and communities exposed to expending ratepayer funds on new public infrastructure made necessary by new development, currently the responsibility of developers.

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

Against:                  Nil

 

 

7.          Urgent Business

7.1

Item 12.2 - Local Government NSW Annual Conference 2021

 

A motion was moved by Crs Seckold and Griff

That Council deal with an item of late urgent business as item 12.2 relating to voting delegates for the Local Government NSW conference with the item considered urgent due to nominations being required prior to the next ordinary Council meeting.

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

Against:                  Nil

210/21

RESOLVED on the motion of Crs Seckold and Griff

That Council deal with an item of late urgent business as item 12.2 relating to voting delegates for the Local Government NSW conference with the item considered urgent due to nominations being required prior to the next ordinary Council meeting.

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

Against:                  Nil

 

8.          Staff Reports – Planning and Environment

 

8.1

Clay Target Shooting Range - Lot 101 DP 1172182, Murrah River Road - Additional Shoot Days

211/21

RESOLVED on the motion of Crs Griff and Allen

That this item be dealt with today.

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

Against:                  Nil

 

 

A motion was moved by Crs Nadin and Allen

1.    That Council approve the Section 4.55 Application to Modify Development Consent         1999.1438 for the Clay Target Shooting Range on Lot 101 DP 1172182, Murrah River Road, via Bermagui, by amending Condition 4 and including additional Conditions 11-14; as detailed in         the Modification Notice and Amended Consent (Attachment 1), with amendment to
        a)    Condition 4.ii) to read:
        “The use, for the purposes of training and safety days, shall be restricted to a maximum of 9         days per year (between the hours of 10.00am to 3.00pm), excluding public holidays, long         weekends and January, and restricted to a maximum of 1 day per month. No competition is         permitted on these days.”
        b)    Condition 11 to replace the last sentence of the first paragraph to read:
        “For the purpose of testing the applicant will be permitted 6 training days to undertake the         field assessment noise report to satisfy this condition.”

2.    That those persons who have lodged a submission be notified of Council’s decision.

The motion was put to the vote and it was CARRIED

 In favour:            Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, Seckold and Dodds

 

212/21

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council approve the Section 4.55 Application to Modify Development Consent         1999.1438 for the Clay Target Shooting Range on Lot 101 DP 1172182, Murrah River Road, via Bermagui, by amending Condition 4 and including additional Conditions 11-14; as detailed in         the Modification Notice and Amended Consent (Attachment 1), with amendment to
        a)    Condition 4.ii) to read:
        “The use, for the purposes of training and safety days, shall be restricted to a maximum of 9         days per year (between the hours of 10.00am to 3.00pm), excluding public holidays, long         weekends and January, and restricted to a maximum of 1 day per month. No competition is         permitted on these days.”
        b)    Condition 11 to replace the last sentence of the first paragraph to read:
        “For the purpose of testing the applicant will be permitted 6 training days to undertake the         field assessment noise report to satisfy this condition.”

2.    That those persons who have lodged a submission be notified of Council’s decision.

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, Seckold and Dodds

 

 

8.2

Planning Proposal for Rural Residential Land Griegs Flat

 

A motion was moved by Crs Bain and Nadin

1.    That Council submit the Griegs Flat Planning Proposal (Attachment 1) to the Department of Planning, Industry and Environment for Gateway Determination.

2.    That following Gateway Determination, the Planning Proposal be placed on public exhibition.

3.    That at the conclusion of the exhibition period, Council officers prepare a further report to Council if material amendments to the Planning Proposal are required to address submissions received during the exhibition period.

4.    That should no material amendments to the Planning Proposal be required in response to submissions received during the exhibition period, Council officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

5.    Council staff work with interested landowners and relevant NSW government agencies to         identify actions to unlock barriers to developments identified in council’s adopted land use         strategies.

The motion was put to the vote and it was CARRIED

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

Against:                  Nil

 

213/21

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council submit the Griegs Flat Planning Proposal (Attachment 1) to the Department of Planning, Industry and Environment for Gateway Determination.

2.    That following Gateway Determination, the Planning Proposal be placed on public exhibition.

3.    That at the conclusion of the exhibition period, Council officers prepare a further report to Council if material amendments to the Planning Proposal are required to address submissions received during the exhibition period.

4.    That should no material amendments to the Planning Proposal be required in response to submissions received during the exhibition period, Council officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

5.    Council staff work with interested landowners and relevant NSW government agencies to         identify actions to unlock barriers to developments identified in council’s adopted land use         strategies.

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

Against:                  Nil

 

 

8.3

Nomination of Royal Willows Hotel Pambula as a Local Heritage Item

214/21

RESOLVED on the motion of Crs Allen and Bain

That this item be dealt with today.

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

Against:                  Crs Griff and Dodds

 

215/21

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.    That Council resolve not to support the nomination for listing the Royal Willows Hotel as a Local Heritage Item in Schedule 5 of Bega Valley Local Environmental Plan 2013.

2.    That those submitting the nomination be advised of Council’s decision.

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, Seckold and Dodds

 

 

9.          Staff Reports – Community, Culture and Leisure

 

10.        Staff Reports – Economic Development and Business Growth

10.1

Council support for local businesses

 

A motion was moved by Crs Bain and Nadin

That Council:

1.    Write to relevant Federal and State Ministers calling for their Governments to:

a)    consider the cumulative impacts of multiple disasters in the design of business support and mental health support programs;

b)   simplify the process for businesses to apply for financial support; and

c)    provide greater clarity to businesses on COVID-safe measures.

2.    Note the work underway to support businesses, as described in this report, including a Buy Local First campaign, the implementation of grants and the peripheral activity including affordable housing and industrial land to support local business and investment.

3.    Waive fees and charges associated with Use of Public Land renewals relating to shopfront displays, movable signage and outdoor eating approvals for 2021‑22.

4.    Waive fees for Skin Penetration Premises and Beauty Therapist Premises for 2021-22.

5.    With respect to rates to June 2022:

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

b) support ratepayers, including business owners to establish payment plans; and

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

6.    For tenants, of Council owned and managed facilities, that have JobSaver eligibility or are a local not-for-profit community organisation:

a)   delegate to the Chief Executive Officer the ability to negotiate and implement deferrals of rental payments for the remainder of the financial year for organisations who can demonstrate hardship linked to either the Black Summer bushfires or the COVID-19 pandemic;

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

c)   maintain the establishment of payment arrangements made available to April 2022 with no interest applied.

7.    Waive fees for planning enquiries, where those fees would not be charged for over the counter services not currently available due to COVID-19 lockdown requirements.

8.    Publicly exhibit for not less than 28 days proposed changes to Council’s adopted Fees and Charges for the remainder of 2021-2022.

9.    Not charge families Gap Fees for children not attending Child Care for the duration of the Australian Government’s ‘Business Continuity Payments’ to eligible Council services to cover these Gap Fees.

10.  Continue to seek funding for priority investment in the Shire as described in Council’s adopted Investment Prospectus 2021.

11.  Recognise the evolving nature of directives from Federal and State Governments relating to COVID-19, including those related to Children’s Services, and note that staff will bring back a report to assess situations if and when required.

3:54pm         Cr Bain left the meeting.

The motion was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Nadin, Seckold and Allen

Against:                  Crs Griff and Dodds

Absent:                    Cr Bain

A motion was foreshadowed by Cr Dodds

That Council:

1.    Write to relevant Federal and State Ministers calling for their Governments to:

a)    consider the cumulative impacts of multiple disasters in the design of business support and mental health support programs;

b)   simplify the process for businesses to apply for financial support; and

c)    provide greater clarity to businesses on COVID-safe measures.

2.    Note the work underway to support businesses, as described in this report, including a Buy Local First campaign, the implementation of grants and the peripheral activity including affordable housing and industrial land to support local business and investment.

3.    Waive fees and charges associated with Use of Public Land renewals relating to shopfront displays, movable signage and outdoor eating approvals for 2021‑22.

4.    Waive fees for Skin Penetration Premises and Beauty Therapist Premises for 2021-22.

5.    With respect to rates to June 2022:

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

b) support ratepayers, including business owners to establish payment plans; and

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

6.    For tenants, of Council owned and managed facilities, that have JobSaver eligibility or are a local not-for-profit community organisation:

a)   delegate to the Chief Executive Officer the ability to negotiate and implement deferrals of rental payments for the remainder of the financial year for organisations who can demonstrate hardship linked to either the Black Summer bushfires or the COVID-19 pandemic;

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

c)   maintain the establishment of payment arrangements made available to April 2022 with no interest applied.

7.    Waive fees for planning enquiries, where those fees would not be charged for over the counter services not currently available due to COVID-19 lockdown requirements.

8.    Publicly exhibit for not less than 28 days proposed changes to Council’s adopted Fees and Charges for the remainder of 2021-2022.

9.    Not charge families Gap Fees for children not attending Child Care for the duration of the Australian Government’s ‘Business Continuity Payments’ to eligible Council services to cover these Gap Fees.

10.  Continue to seek funding for priority investment in the Shire as described in Council’s adopted Investment Prospectus 2021.

11.  Recognise the evolving nature of directives from Federal and State Governments relating to         COVID-19, including those related to Children’s Services, and note that staff will bring back a         report to assess situations if and when required.

 

216/21

RESOLVED on the motion of Crs Bain and Nadin

That Council:

1.    Write to relevant Federal and State Ministers calling for their Governments to:

a)    consider the cumulative impacts of multiple disasters in the design of business support and mental health support programs;

b)   simplify the process for businesses to apply for financial support; and

c)    provide greater clarity to businesses on COVID-safe measures.

2.    Note the work underway to support businesses, as described in this report, including a Buy Local First campaign, the implementation of grants and the peripheral activity including affordable housing and industrial land to support local business and investment.

3.    Not charge families Gap Fees for children not attending Child Care for the duration of the Australian Government’s ‘Business Continuity Payments’ to eligible Council services to cover these Gap Fees.

4.    Continue to seek funding for priority investment in the Shire as described in Council’s adopted Investment Prospectus 2021.

5.    Recognise the evolving nature of directives from Federal and State Governments relating to COVID-19, including those related to Children’s Services, and note that staff will bring back a report to assess situations if and when required.

In favour:             Crs Fitzpatrick, Nadin, Seckold and Allen

Against:                  Crs Griff and Dodds

Absent:                    Cr Bain

 

11.        Staff Reports – Infrastructure Waste and Water

 

11.1

Bega Valley Regional Learning Centre

217/21

RESOLVED on the motion of Crs Allen and Dodds

That this Item be deferred for discussion in Closed Session 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 (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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

Against:                  Nil

Absent:                    Cr Bain

 

11.2

Bega Valley Local Traffic Committee

218/21

RESOLVED on the motion of Crs Dodds and Seckold

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 4 August 2021 and tabled at the 22 September 2021 Council meeting being:

That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 22 January 2022 be approved.

That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 22 January 2022, be deemed a Class 2 special event and be conducted under an approved Traffic Control Plan, in accordance with the Transport for NSW (TfNSW) Traffic Control Manual.

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

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

That organisers have approved Public Liability Insurance of at least $20 million indemnifying Council, NSW Police and TfNSW by name for the event.

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

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

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

That after the event, organisers are to clean up any rubbish or waste left behind.

That approval is conditional on current COVID19 rules and regulations being followed.

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

Against:                  Nil

Absent:                    Cr Bain

 

 

11.3

Church Street Bega Kiosk

219/21

RESOLVED on the motion of Crs Griff and Dodds

1.    That Council receive and note the report and attachment.

2.    That Council proceed with the demolition of the Church Street Bega kiosk building and restore the site as open footpath in line with the Spiire Central Business District Landscape Master Plan for Bega when funding permits.

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

Against:                  Nil

Absent:                    Cr Bain

 

 

11.4

Lease to Bega Volunteer Rescue Association

220/21

RESOLVED on the motion of Crs Dodds and Griff

1.    That Council receive and note the report.

2.    That Council authorise the Chief Executive Officer and Mayor to execute the necessary lease documentation to provide tenure of three (3) years to Bega Volunteer Rescue Association for their continued occupation of part Lot 1 DP 1171282 at 22 Tarraganda Lane, Tarraganda, for an annual rental fee as determined by a registered Valuer, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.

3.    That Bega Volunteer Rescue Association 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, Nadin, Griff, Seckold, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

 

 

11.5

Deed of Assignment - Hotel Australasia

221/21

RESOLVED on the motion of Crs Dodds and Allen

1.    That Council enter into a Deed between Council, Karneil Pty Ltd and the incoming purchaser of Lot 14 DP250841 in relation to assigning the Side Deed between Council and Karneil Pty Ltd dated 2 April 2020 to the incoming purchaser.

2.    That pursuant to clause 12 of the Side Deed, Council provide its consent to the settlement of sale of Lot 14 DP250841 from Karneil Pty Ltd to the incoming purchaser as part of the Deed.

3.    That all costs associated with this matter be borne by the incoming purchaser.

4.    That the Chief Executive Officer be delegated authority to negotiate, finalise and execute the Deed.

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

Against:                  Nil

Absent:                    Cr Bain

04:17 pm      Cr Bain returned to the meeting.

 

12.        Staff Reports – Governance and Strategy

 

12.1

Caretaker period and Council meeting schedule

222/21

RESOLVED on the motion of Crs Allen and Seckold

1.    Council adopt procedure 6.01.3 Local Government Elections (caretaker period provisions) v4 (Attachment 1)

2.    Council adopt the meeting schedule for the remainder of 2021 and that Council meetings be held on

        a)    6 October 2021;

        b)    20 October 2021;

        c)    3 November 2021 and;

        d)    24 November 2021.

3.    Council note the proposed Councillor induction and meeting schedule for 2022.  

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

Against:                  Nil

 

12.2

Local Government NSW Annual Conference 2021

 

A motion was moved by Crs Seckold and Griff

That Council deal with an item of late urgent business as item 12.2 relating to voting delegates for the Local Government NSW conference with the item considered urgent due to nominations being required prior to the next ordinary Council meeting.

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

Against:                  Nil

223/21

RESOLVED on the motion of Crs Dodds and Seckold

That Council endorse the Mayor and nominate Crs Nadin and Griff as voting delegates for the 2021 LGNSW annual conference and board elections.

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

Against:                  Nil

 

13.        Staff Reports – Finance

 

13.1

Reserve balances for 2020-21 financial year

 

A motion was moved by Crs Bain and Allen

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

FY2021 Financial Statements, Cash and Investments. This decision would result in a qualified audit.

The motion was put to the vote and it was LOST

In favour:             Crs Bain, Nadin and Allen

Against:                  Crs Fitzpatrick, Griff, Seckold and Dodds

A motion was foreshadowed  by Cr Dodds and Fitzpatrick

1.    That Council authorise the release $8,009,020 of internally restricted reserves at 30 June 2021.

An amendment was proposed by Cr Bain

The amendment was accepted by Cr Dodds and Fitzpatrick

1.    That Council authorise the release $8,009,020 of internally restricted reserves at 30 June 2021.

2.    That Council advocate to the Government on financial impacts of Council carrying their         unpaid debts

The foreshadowed motion became the motion and was put to the vote and it was CARRIED

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

Against:                  Nil

 

224/21

RESOLVED on the motion of Crs Dodds and Fitzpatrick

1.    That Council authorise the release $8,009,020 of internally restricted reserves at 30 June 2021.

2.    That Council advocate to the Government on financial impacts of Council carrying their         unpaid debts

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

Against:                  Nil

 

 

13.2

Certificate of Investment July 2021

225/21

RESOLVED on the motion of Crs Dodds and Griff

1.    That Council receive and note the attached reports on Council’s investment position at 31 July 2021

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

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

Against:                  Nil

 

 

13.3

Certificate of Investment August 2021

226/21

RESOLVED on the motion of Crs Nadin and Dodds

1.    That Council receive and note the attached report on Council’s investment position as at 31 August 2021

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

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

Against:                  Nil

 

 

14.      Councillor Reports

There were no Councillor Reports.

15.      Rescission/Alteration Motions

There were no Rescission/Alteration Motions.

16.      Notices of Motion

  There were no Notices of Motion.

17.      Questions with Notice

There were no Questions with Notice.

18.      Questions without Notice

18.1

Cobargo Waste Bins

 

Cr Allen - The Cobargo waste bins at the football oval are causing concern in the town, how long will the rubbish be collected that way?

Acting Director Assets and Operations, Mr Macfarlane advised two alternative proposals are currently being costed to get a better temporary set up until Council rolls out kerbside collection in Cobargo. A standard bin bank design is currently being field tested for kerbside expansion to rural properties. The current waste situation is due exist for the next 10 months. Bigger bins and a number of options have been tried in the space. Preferred option is to move from that location into a secure location within Cobargo with limited opening times where people can utilise the facility and it can be monitored. A memo will be provided to councillors with further updates.

 

18.2

Illawambra Trunk Main

 

Cr Allen - The Illawambra Trunk Main has been out of commission for 12 months, is it going to be replaced or disbanded?

Acting Director Assets and Operations, Mr Macfarlane advised the trunk main is past its service life, renewal or cease works is currently being investigated. Replacement cost is in excess of $1.5m. There are 10 customers on the trunk main, it was designed initially to feed Cobargo. Cobargo no longer needs the trunk main and a Council decision will be required to either do major infrastructure works or to use a different model going forward. Councils Water and Sewer Manager will engage one customer that currently has no water from the main. A memo will be provided to councillors with further updates.

 

18.3

Submission to the JRRP on the Royal Willows Development Application

 

Cr Nadin asked how will Council be making a submission to the JRRP on the Royal Willows Development Application?

Director Community, Environment and Planning, Dr Howe advised that the JRRP will be the consent authority for the proposed redevelopment of the site. The options available to Councillors are to make individual submissions or for Council to resolve to make a Council submission to the JRRP. Independent Council officers (those not involved in the assessment of the DA for the JRRP) could assist Councillors to draft a submission and bring to a Council meeting.

 

18.4

Wallagoot Development Application for Quarry

 

Cr Nadin asked is there a residential subdivision property for that lot?

Director Community, Environment and Planning, Dr Howe advised there is an old subdivision approval for the site, but that current land clearing was related to agricultural activity. Dr Howe is unaware of any current proposal to rezone or subdivide the land.

 

18.5

Clearing at Beauty Point

 

Cr Griff asked is there any updates on the clearing at Beauty Point?

Director Community, Environment and Planning, Dr Howe advised there are no further updates at this stage. There is an existing approval and some of the clearing appears to be inconsistent with that approval. Compliance staff are continuing investigations.

 

18.6

88B Instruments

 

Cr Fitzpatrick asked can the Acting Director Assets and Operations provide a report on the use of 88B instruments, when and when they can’t be used and the liability to Council when they are used.

The question was taken on notice by the  Acting Chief Executive Officer.

 

19.        Confidential Business  

 

 

Adjournment Into Closed Session

227/21

RESOLVED on the motion of Crs Allen and Bain

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

11.1 Bega Valley Regional Learning Centre

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 (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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

The recording of the meeting ceased for the period of the Closed Session of Council.

5:07pm         The Ordinary Meeting was adjourned.

5:29pm         Cr Bain left the meeting.

5.35pm          The Ordinary Meeting was reconvened.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording 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

20.1

11.1 Bega Valley Regional Learning Centre

228/21

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council receive and note the report.

2.    That Council note the responses to the Expression of Interest process run by LJ Hooker for the sale of the Bega Valley Regional Learning Centre as outlined in the confidential attachment.

3.    That Council decline the offers received in response to the EOI run by LJ Hooker for the sale of the Bega Valley Regional Learning Centre as outlined in the confidential attachment.

4.    That Council end its current agreement with LJ Hooker relating to the sale of the Bega Valley Regional Learning Centre

5.    That Council retain ownership of the Bega Valley Regional Learning Centre.

6.    That Council continue to consider offers over $5m for the Bega Valley Regional Learning         Centre for the next 6 month period.

7.    That any offers received be reported back to Council for consideration.

8.    That Council endorse continued and further leasing arrangements at the Bega Valley Regional      Learning Centre.

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

Against:                  Nil

Absent:                    Cr Bain

 

21.        Declassification of reports considered previously in closed session

21.1

CL72/21 of Confidential Closed Session Council Meeting of 21 April 2021 – Item 11.2 RFT 2021-93, Barclay Street, Eden Sportsground Pavilion

229/21

RESOLVED on the motion of Crs Dodds and Allen

1.    That Council note the finalisation of RFT 2021-93, Barclay Street, Eden Sportsground Pavilion

2.    That Council declassify resolution CL72/21 of Item 11.2 RFT 2021-93, Barclay Street, Eden         Sportsground Pavilion, of the confidential closed session Council Meeting of 21 April 2021:

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

Against:                  Nil

Absent:                    Cr Bain

 

 

Closure

There being no further business, the Chairperson closed the meeting at 5:37 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 22 September 2021.