Ordinary Meeting Minutes
Held on Wednesday 18 May 2022
at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:00pm
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PresentCr Russell Fitzpatrick, Mayor Cr Liz Seckold, Deputy Mayor Cr Tony Allen Cr Cathy Griff Cr Mitchell Nadin Cr Helen O’Neil Cr David Porter - Apology Cr Joy Robin Cr Karen Wright
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In AttendanceActing Chief Executive Officer, Mrs Iliada Bolton Acting Director, Assets and Operations, Mr Ian Macfarlane Acting Director, Community, Environment and Planning, Mrs Emily Harrison Acting Director, Business and Governance, Ms Alisa Williams Acting Manager Communications and Events, Ms Skye Owen 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.
Statement of Ethical Obligations
The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Bega Valley Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.
The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.
1. |
Apologies |
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76/22 |
RESOLVED on the motion of Crs Allen and O'Neil That the apology from Cr David Porter and Chief Executive Officer, Anthony McMahon for 18 May 2022 Council meeting be noted. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
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2. |
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77/22 |
RESOLVED on the motion of Crs Wright and Seckold That the Minutes of the Ordinary Meeting held on 4 May 2022 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
3. Declarations
Pecuniary Interest
Cr Allen declared a pecuniary interest regarding Item 15.2 Wandella Water Line. Cr Allen is the owner of a dairy farm serviced (in the past) by this service. A signed declaration form was tabled by Cr Allen.
4. Public Forum
The following deputations were heard:
Item 8.1 Bega Valley Shire Affordable Housing Strategy
· Ms Roz Hansen – FOR
· Ms Lisa Nimmo – AGAINST
Item 15.2 Wandella Trunk Line
· Mr Jason Symington on behalf of 10 of the 11 affected property owners – AGAINST
5. Petitions
There were no petitions.
6. Mayoral Minutes
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6.1 |
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78/22 |
RESOLVED on the motion of Cr Fitzpatrick National Volunteer Week is Australia’s largest annual celebration of volunteering. It is a chance for all of us to celebrate and recognise the vital work of all volunteers and to say thank you. Volunteering brings people together - it builds communities and creates a better society for everyone. Bega Valley Shire has more than 300 volunteer organisations and we cannot thank the people who volunteer for the wellbeing of everyone in our community enough. The 2016 census showed that our shire had a higher-than-average rate of volunteering than other NSW regional areas, with over a quarter of the population officially lending a hand. Our volunteers are the backbone of our communities. Think of carers, and services like Meals on Wheels, community transport, charities and goodwill shops, school canteens and P&Cs, Men’s Sheds, CWA, Surf Lifesaving, Land Care and hospital support groups. These services, and more, are vital to our region and they rely on huge amounts of volunteer hours to operate. Many Council services couldn’t operate without the tireless work of our volunteers. Council alone has almost 400 volunteers managing and or maintaining our halls and cemeteries, sports grounds, the environment and the historic Montreal Goldfields. It is always great to see so many people willing to lend a hand. During the past few years of natural disasters and COVID-19, volunteers are more important than ever. Volunteers have continued to help keep our communities running throughout the pandemic and have provided great support to people in need. All while wearing face masks and adjusting to changing state government directions on lockdowns, social distancing, density limits and travel restrictions. We want to say a huge thank you to all volunteers in Bega Valley Shire. Together, through volunteering, we are changing communities for the better. This week is the perfect time to recognise an outstanding volunteer in the shire this week by nominating them for a Bega Valley Medallion Award. Details are on Council’s website. To conclude remember, as this year’s theme goes, we are better together. |
02:03 pm Cr Nadin left the meeting.
02:04 pm Cr Nadin returned to the meeting.
7. Urgent Business
There was no urgent business.
8. Staff Reports – Community, Environment and Planning
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A motion was moved by Crs Nadin and Griff That the item be dealt with today. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter
A Point of order was called from Cr O’Neil regarding
Cr Nadin. A motion was moved by Crs Griff and O’Neil That Council adopt the draft affordable housing strategy excluding strategy 14. A motion was foreshadowed by Cr Nadin 1. That Council adopt the affordable housing strategy with the following exclusions: · Strategies 14, 15, 16 and 17; · The remainder of paragraph one commencing with: ‘This appears to be having a serious adverse impact…’ under the overview section of 2.3.4.7; · Paragraph three in the overview; · The sentences under “Other incentives” and “Secondary Dwellings’ on page 30 of the strategy 2. Advise those who made submissions during the public exhibition of Council’s decision 3. Investigate whether it is possible to charge a levy to property owners registered on the NSW Short Term Rental Accommodation register and undertake a socio-economic assessment of the impacts of STRA in the Bega Valley and discuss the findings at a council workshop about the future of STRA in the Bega Valley. A Point of order was called from Cr Griff regarding Cr Nadin. The motion was put to the vote and it was CARRIED In favour: Crs Fitzpatrick, Griff, Seckold, O'Neil and Robin Against: Crs Nadin, Allen and Wright Absent: Cr Porter |
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79/22 |
RESOLVED on the motion of Crs Nadin and Griff That the item be dealt with today. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
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80/22 |
RESOLVED on the motion of Crs Griff and O'Neil That Council adopt the draft affordable housing strategy excluding strategy 14. In favour: Crs Fitzpatrick, Griff, Seckold, O'Neil and Robin Against: Crs Nadin, Allen and Wright Absent: Cr Porter |
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8.2 |
Draft amendments to requirements for off-street car and bicycle parking in Development Control Plan 2013 |
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81/22 |
RESOLVED on the motion of Crs Wright and Robin That Council: 1. Resolve to exhibit the proposed amendments to Chapter 5.9 ‘off-street car and bicycle parking’ of the Bega Valley Development Control Plan 2013 contained in Attachment 1. 2. Consider a further report from staff in relation to feedback received during public exhibition before finalising the draft amendments to the Bega Valley Development Control Plan 2013. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
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8.3 |
Endorsement of Planning Proposal for increasing housing diversity and associated guidelines in Development Control Plan 2013 |
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82/22 |
RESOLVED on the motion of Crs O'Neil and Robin That Council: 1. Resolve to support the Residential Land Strategy: Housing Diversity Planning Proposal (Attachment 1). 2. Authorise Council officers to submit the Planning Proposal and supporting information to the Department of Planning and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979. 3. Resolve to exhibit the proposed amendments to Chapter 3 ‘Residential Development’ of the Development Control Plan 2013 to provide design guidelines that support the changes in the Planning Proposal (Attachment 2). 4. Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process and exhibition of the associated draft amendments to the Bega Valley Development Control Plan 2013. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
9. Staff Reports – Assets and Operations
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9.1 |
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83/22 |
RESOLVED on the motion of Crs Griff and Wright 1. That Council note the attached progress report. 2. That Council continue to allocate funding for the Waste Community Assistance Grants Program and the Bournda Environmental Education Centre ‘Let’s Get it Sorted’ Waste Education Program for a further three years. 3. That Council approve the creation of a Behaviour Change Education Officer position in Waste Services for an initial 3-year fixed term. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
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9.2 |
Appointment of Volunteer Representatives to Community Sportsground Committees |
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84/22 |
RESOLVED on the motion of Crs Nadin and Griff That Council endorse the volunteers to the nominated committees in the attached list and make minor amendments to the recently endorsed Section 355 General Sportsground Committee Guidelines 2022 to 2025, as recommended in the report. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
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9.3 |
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85/22 |
RESOLVED on the motion of Crs O'Neil and Griff That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 13 April 2022 being; 1. Merimbula Jazz Festival – Street Parade – 11 June 2022 a. That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10.00am and 12.00pm on Saturday, 11 June 2022 for the Merimbula Jazz Festival Street Parade. b. That, subject to conditions, Market Street (from Monaro Street), Beach Street to Alice Street be temporarily closed between 6am and 12pm on Saturday, 11 June 2022 for the Merimbula Jazz Festival Street Parade and Performance. c. That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street (from Monaro Street), Beach Street to Alice Street, Merimbula for the Merimbula Jazz Festival Street Parade and performance on Saturday, 11 June 2022, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines. d. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW accreditation. e. That organisers fully implement an approved Special Event Transport Management Plan. f. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and TfNSW by name for the event. g. That organisers have written NSW Police approval prior to conducting the event. h. That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport. i. That after the event, organisers are to clean up any rubbish or waste left behind. j. That the event operates strictly under the NSW Health Department COVID19 conditions. 2. Merimbula Jazz Festival – StreetFest – 11 June 2022 a. That, subject to conditions, a section of Market Street between the intersection of Merimbula Drive, Monaro Street and Beach Street, Merimbula be temporarily closed between 10.00am and 8.00pm on Saturday, 11 June 2022 for the Merimbula Jazz Festival “StreetFest”. b. That the proposed traffic arrangements involving the temporary closure of Market Street, Merimbula between the intersections of Merimbula Drive, Monaro Street and Beach Street for the Merimbula Jazz Festival “StreetFest” on Saturday, 11 June 2022, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines. c. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW accreditation. d. That organisers fully implement an approved Special Event Transport Management Plan. e. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and TfNSW by name for the event. f. That organisers have written NSW Police approval prior to conducting the event. g. That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport. h. That after the event, organisers are to clean up any rubbish or waste left behind. i. That the event operates strictly under the NSW Health Department COVID19 conditions. 3. Merimbula Jazz Festival – Lakeside Lantern Walk – 11 June 2022 a. As the proposed Lakeside Lantern Walk will utilise the existing footpath network, there is no formal approval required 4. Barclay Street Sportsground – Revised Driveway entrance and carpark. Installation of accessible parking at Eden Sports Ground Barclay Street a. That Council approves the installation of four accessible car spaces and shared zone in the Eden Sports Ground Barclay Street in the locations as indicated on the draft concept plan In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
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9.4 |
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03:17 pm Cr Griff left the meeting. 03:17 pm Cr Griff returned to the meeting. A motion was moved by Crs Fitzpatrick and Griff 1. That Council continue to advocate for funding and make funding applications to both the State and Federal Governments to fund the full cost requirements of the Bega and Pambula Sporting complexes. 2. That Council submit a variation request to rescope the current Office of Sport funding agreements to enable Bega Sportsground to move to delivery and for further funding applications to be submitted for the Pambula Sports Building project. 3. Sporting clubs and user groups be encouraged to submit funding applications for various elements within the projects of particular interest to their use and operations. 4. Council reinforce its commitment to ensure delivery of both projects An amendment was proposed by Cr Nadin 1. That Council continue to advocate for funding and make funding applications to both the State and Federal Governments to fund the full cost requirements of the Bega and Pambula Sporting complexes. 2. That Council submit a variation request to rescope the current Office of Sport funding agreements to enable Bega Sportsground to move to delivery and for further funding applications to be submitted for the Pambula Sports Building project. 3. Sporting clubs and user groups be encouraged to submit funding applications for various elements within the projects of particular interest to their use and operations. 4. That Council reinforce its commitment to ensure delivery of both projects. Council staff will look at alternative options to finance the Pambula project as a contingency if grant funding is not successful. The amendment was accepted by Crs Fitzpatrick and Griff The motion was put to the vote and it was CARRIED. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter
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86/22 |
RESOLVED on the motion of Crs Fitzpatrick and Griff 1. That Council continue to advocate for funding and make funding applications to both the State and Federal Governments to fund the full cost requirements of the Bega and Pambula Sporting complexes. 2. That Council submit a variation request to rescope the current Office of Sport funding agreements to enable Bega Sportsground to move to delivery and for further funding applications to be submitted for the Pambula Sports Building project. 3. Sporting clubs and user groups be encouraged to submit funding applications for various elements within the projects of particular interest to their use and operations. 4. That Council reinforce its commitment to ensure delivery of both projects. Council staff will look at alternative options to finance the Pambula project as a contingency if grant funding is not successful. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
10. Staff Reports – Business and Governance
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10.1 |
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87/22 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council receive and note the March 2022 Quarterly Budget Review Statement. 2. That the budget recommendations detailed in the March 2022 Quarterly Budget Review Statement be adopted. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
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10.2 |
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88/22 |
RESOLVED on the motion of Crs Allen and O'Neil 1. That Council receive and note the report on Council’s investment position as at 30 April 2022. 2. That Council notes the certification of the Responsible Accounting Officer. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
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10.3 |
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89/22 |
RESOLVED on the motion of Crs Seckold and Robin 1. That Council place the following draft policies on public exhibition: · Policy 1.07 Public Reserve Management · Policy 1.08 Parks, Aquatics and Recreation · Policy 3.01 Development Administration · Policy 3.02 Environmental Management · Policy 3.04 Biosecurity and Weed Management · Policy 3.05 Environmental Sustainability for Council Operations · Policy 3.07 Climate Change · Policy 4.09 Families and Children · Policy 4.12 Environmental and Public Health · Policy 4.14 Burning Off In Open Areas · Policy 6.16 Community Engagement 2. That the Policies listed above be exhibited for a minimum period of 28 days and that submissions be received for 42 days. 3. That policy 1.07 Public Reserve Management be revoked and converted to a procedure sitting within the scope of the revised policy 1.08 Parks, Aquatics and Recreation. 3. That following public exhibition, a further report be presented to Council including submissions received and the final policies for adoption. Adopted policies to be published on Council’s website. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
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10.4 |
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90/22 |
RESOLVED on the motion of Crs Seckold and Robin 1. That Council be provided quarterly update reports to monitor progress on implementation of Council resolutions 2. Council note the progress update on implementation of Council resolutions contained within this report In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
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91/22 |
RESOLVED on the motion of Crs Allen and O'Neil That Council maintain resolution 31/22 from the 16 March Council meeting and resolve that ‘council has considered the impact on ratepayers and the community in 2022-23 and, if permanent, in future years if the special variation is approved, and considers that it is reasonable.’ In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
11. Councillor Reports
There were no Councillor reports.
12. Rescission/Alteration Motions
There were no rescission/alteration motions.
13. Notices of Motion
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13.1 |
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A motion was moved by Crs Wright and Fitzpatrick 1. Council acknowledge the high vaccination rate in the Bega Valley Shire, and the work that our health staff and community have done to keep people safe since the COVID19 pandemic began. 2. Council agrees to continue to allow people who are unvaccinated against COVID19, under the current public health order at the time, to access Council’s facilities and services. This includes Council buildings like the customer contact centre front desk, the art gallery, civic centre, halls, libraries, waste facilities, sports facilities, swimming pools and outdoor community events. Council can mitigate any risk if necessary, if advised by a public health order at the time with the wearing of face masks, use of hand sanitizer, testing and QR check ins. 3. If the above is not possible due to specific restrictions in a public health order at the time, that Council make a more accessible and inclusive way for unvaccinated people to access Council’s facilities, including setting up an outside ‘check in’ desk at the Shire’s swimming pools, so that parents are able to drop older children off for swimming lessons, and similar for Council’s front desk; and extending the library’s home delivery service so that unvaccinated people can still access services without entering the building. An amendment was proposed by Cr Nadin 1. Council acknowledge the high vaccination rate in the Bega Valley Shire, and the work that our health staff and community have done to keep people safe since the COVID19 pandemic began. 2. Council agrees to continue to allow people who are unvaccinated against COVID19, under the current public health order at the time, to access Council’s facilities and services. This includes Council buildings like the customer contact centre front desk, the art gallery, civic centre, halls, libraries, waste facilities, sports facilities, swimming pools and outdoor community events. Council can mitigate any risk if necessary, if advised by a public health order at the time with the wearing of face masks, use of hand sanitizer, testing and QR check ins. 3. If the above is not possible due to specific restrictions in a public health order at the time, that Council make a more accessible and inclusive way for unvaccinated people to access Council’s facilities. The amendment was accepted by Crs Wright and Fitzpatrick The motion was put to the vote and it was CARRIED. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter
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92/22 |
RESOLVED on the motion of Crs Wright and Fitzpatrick 1. Council acknowledge the high vaccination rate in the Bega Valley Shire, and the work that our health staff and community have done to keep people safe since the COVID19 pandemic began. 2. Council agrees to continue to allow people who are unvaccinated against COVID19, under the current public health order at the time, to access Council’s facilities and services. This includes Council buildings like the customer contact Centre front desk, the art gallery, civic centre, halls, libraries, waste facilities, sports facilities, swimming pools and outdoor community events. Council can mitigate any risk if necessary, if advised by a public health order at the time with the wearing of face masks, use of hand sanitizer, testing and QR check ins. 3. If the above is not possible due to specific restrictions in a public health order at the time, that Council make a more accessible and inclusive way for unvaccinated people to access Council’s facilities. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, O'Neil, Robin and Wright Against: Nil Absent: Cr Porter |
14. Questions with Notice
There were no questions with notice.
15. Questions without Notice
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15.1 |
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A response to Cr Nadin’s Question without Notice from 4 May 2022 Ordinary Council Meeting was provided in the Ordinary Council Meeting Agenda of 18 May 2022. |
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15.2 |
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A response to Cr Fitzpatrick’s Question without Notice from 20 April 2022 Ordinary Council Meeting was provided in the Ordinary Council Meeting Agenda of 18 May 2022. |
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15.3 |
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A response to Cr Nadin’s Question without Notice from 4 May 2022 Ordinary Council Meeting was provided in the Ordinary Council Meeting Agenda of 18 May 2022. |
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15.4 |
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Cr Nadin asked for an update on the Boydtown planning proposal and development. Acting Director Community, Environment and Planning, Mrs Emily Harrison took the question on notice. |
04:03 pm Cr Nadin left the meeting.
04:05 pm Cr Nadin returned to the meeting.
16. Confidential Business
There was no confidential business.
17. Noting of Resolutions from Closed Session
There were no noting of resolutions from closed session.
18. 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 4:06 pm.
Confirmed
Russell
Fitzpatrick
(digitally
signed)
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 18 May 2022.