1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

110/24

RESOLVED on the motion of Crs Allen and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 24 July 2024 as circulated, be taken as read and confirmed.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

Movement of Assets and Operations Staff reports - Items 9.1 to 9.11

111/24

RESOLVED on the motion of Crs Allen and Nadin

That items 9.1 to 9.11 be moved forward ahead of Staff reports – Community, Environment and Planning

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.1

Adoption of Bega Valley Shire Active Transport Strategy

112/24

RESOLVED on the motion of Crs Griff and O'Neil

1.    That Council resolve to adopt the attached Bega Valley Shire Active Transport Strategy.

2.    That the Bega Valley Shire Active Transport Strategy be made publicly available

3.    That a staff working group (convened as per Strategy 6) compiles a list of         priority projects annually for inclusion in the Operational Plan, and identifies grant funding         opportunities to enable ‘shovel ready’ projects to be developed.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.2

Merimbula Skatepark - Concept Design

113/24

RESOLVED on the motion of Crs Nadin and Wright

1.    That Council receive and note the information in the report and attachment, including responses and feedback received during the consultation process.

2.    That Council endorses the attached Concept Design (Revision D) for Merimbula Skatepark and progresses to detailed design for procurement and construction.

3.    That Council delegate authority to the Chief Executive Officer to endorse amendments to the design to benefit the project and fit within the project budget if required.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.3

Request for Tender (RFT) 2324-054 Wallaga Lake Koori Village Water and Sewerage Operations and Maintenance

114/24

RESOLVED on the motion of Crs O'Neil and Allen

1.    That Council agrees to re-enter into the ACWSP five (5) year service agreement.

2.    That Council accept the recommendations outlined in the attached confidential memo.

3.    That Council accepts the tender from TTF Betto Boys Family Trust in relation to the works         described in RFT 2324-051 in the amount of $159,474.00 (incl. GST), subject to variations,         provisional sums, and prime cost items.

4.    That authority be delegated to the CEO to execute all necessary documentation.

5.    That all tenders be advised of Council’s decision.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.4

Request for Tender (RFT) 2324-092 Option concept design for Bega and Merimbula sewerage treatment plant (STP) upgrades

115/24

RESOLVED on the motion of Crs Seckold and O'Neil

1.    That Council accepts the recommendation outlined in the confidential attachment.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

116/24

RESOLVED on the motion of Crs Seckold and O'Neil

2.    That Council accepts the tender from Beca Hunt H20 in relation to the contract for the works         described in RFT 2324-092, for a ceiling amount of $455,568.00 (incl GST) subject to         variations and provisional sums.

3.    That authority be delegated to the Chief Executive Officer to execute all necessary         documentation.

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

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.5

Request for Tender (RFT) 2324-034  Upgrade of Bega Valley Shire Council Bulk Water Fill Stations

117/24

RESOLVED on the motion of Crs Allen and Seckold

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

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

118/24

RESOLVED on the motion of Crs Allen and Seckold

2.    That Council rejects all tenders under clause 178 of the Local Government (General)         Regulation 2021 and enter into negotiations with the preferred tenderer, with the intention         to award a contract, subject to variations and provisional sums.

3.    That authority is delegated to the Chief Executive Officer to execute all necessary         documentation.

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

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.6

Request for Tender (RFT) 2324-060 Bermagui Indoor Stadium Upgrade

119/24

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council accepts the recommendations outlined in the confidential attachment.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

120/24

RESOLVED on the motion of Crs Allen and Nadin

2.    That Council accepts the tender from Bega Valley Construction Pty Ltd in relation to the         contract for the works described in the tender RFT 2324-060, in the amount of $492,129.00         (including GST).

3.    That variations and amendments be managed under the existing BVSC financial delegations.

4.    That authority be delegated to the CEO to execute all necessary documentation.

5.    That all tenderers be advised of Councils decision.  

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.7

Request for Tender (RFT) 2324-071 Old Wallagoot Road DRFA Works

121/24

RESOLVED on the motion of Crs Allen and O'Neil

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

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

122/24

RESOLVED on the motion of Crs Allen and O'Neil

2.    That Council reject all tenders in relation to contract for the works described in Tender RFT 2324-071 with the intention of returning to market following rescoping of the project.

3.    That authority be delegated to the Chief Executive Officer to execute all necessary documentation.

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

 In favour:            Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.8

Request for Tender (RFT) 2324-094 Panel for Hire of Plant Equipment

123/24

RESOLVED on the motion of Crs O'Neil and Griff

1.    That Council accept the recommendations outlined in the Confidential memo.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

124/24

RESOLVED on the motion of Crs O'Neil and Griff

2.    That Council appoint all compliant tenders received in relation to the services described in         RFT 2324-094 Panel for Hire of Plant and Equipment.

·         Ag & Earth Pty Ltd

·         Alinta Earthworx Pty Ltd

·         Allcot Hire Pty Ltd

·         Allison Earthworks And Haulage Pty Ltd

·         A-Plant Equipment Pty Ltd

·         AW Dummett Pty Ltd

·         Bizz's Farm Forestry & Civil Contracting Pty Ltd

·         Brooks Hire Service Pty Ltd

·         Civil Construction Hire Pty Ltd

·         Coates hire operations pty limited

·         Conplant Pty Ltd

·         Dlm Plant Hire Pty Ltd

·         Jennings Civil Group Pty Ltd

·         John Michelin & Son Pty Ltd

·         Kennards Hire Pty Limited

·         Lee's Excavator Hire Pty Ltd

·         Louis Geraets Pty Ltd

·         Moon's Earthworks Pty Ltd

·         Road Verge Trimming Rvt Pty Ltd

·         Roadworx Surfacing Pty Ltd

·         Rollers Australia Pty Limited

·         Sapphire coast excavations

·         Sapphire coast tree service & tower hire

·         Solution Plant Hire Pty Limited

·         South Coast Contracting & Hire Pty Ltd

·         South East Civil & Crane

·         Stabilco Pty Ltd

·         Stone's Forestry Contracting Pty Ltd

·         The Stabilising Pty Ltd

·         WesTrac Pty Ltd

3.    That Council delegate the Chief Executive Officer the authority to execute all necessary         documentation.

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

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.9

Request for Tender (RFT) 2324-052– Stormwater CCTV annual program

125/24

RESOLVED on the motion of Crs Allen and Seckold

1.     That Council accepts the recommendations outlined in the confidential attachment.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

126/24

RESOLVED on the motion of Crs Allen and Seckold

2.     That Council accepts the tender from TDM Pipeline Solutions Pty Ltd in relation to contract         for the works described in Tender RFT 2324-052, for the ceiling amount of $157,267.00       (excluding GST), subject       to variations.

3.     That variations and amendments to the contract be managed under the existing Council             financial delegations.

4.     That authority be delegated to the Chief Executive Officer to execute all necessary         documentation.

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

 In favour:            Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.10

Request for Tender (RFT) 2324-067 Project Management and Contract Administration (PMCA) for Cuttagee Bridge Repair and Restoration

127/24

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council accepts the recommendations as outlined in the confidential attachment.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

128/24

RESOLVED on the motion of Crs Allen and Nadin

2.    That Council accepts the tender from GHD Pty Ltd in relation to contract for the works         described in Tender RFT 2324-067, in the amount of $699,718.00 (including GST), subject to         variations and provisional sums.

3.    That authority is delegated to the Chief Executive Officer to execute all necessary         documentation.

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

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

9.11

Memorandum of Understanding with Essential Energy- Management of vegetation near powerlines

129/24

RESOLVED on the motion of Crs Allen and Nadin

That Council endorse the attached Memorandum of Understanding (MoU) between Bega Valley Shire Council and Essential Energy for the management of vegetation near network assets (powerlines).

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

Adjournment

That the meeting be adjourned for 5 minutes.

8.1

Eden Gateway Development update

130/24

RESOLVED on the motion of Crs O'Neil and Robin

1.    That Council notes the request from the Eden Community Access Centre seeking a Council         decision to move the project to a ‘shovel ready’ stage including community consultation to         refine a proposed design option based on a substantial expansion of the site to include a         community hub which could incorporate a child care centre

 2.   That Council notes there is no current budget allocation for the Eden Gateway Centre         redevelopment in the FY25 Budget to progress the current design options, however it is         resourced to compile options for the urgently needed extension of children’s services         including in Eden

3.    That Council further investigates the highest public value use of the council owned land on         the corner of Mitchell and Imlay Streets in Eden, including an assessment of the suitability of         the land for a community hub,  early childhood education and care and also for housing

4.    That Council notes a report will be brought back to Council on the results of the         investigations and their impact on further development and design of the Gateway Centre         with a view to seeking approval for an appropriate budget allocation to allow the project to         progress

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

8.2

70 Lot Subdivision in 3 Stages - Lot 510 DP 877207, 26 Princes Highway - South Pambula

131/24

RESOLVED on the motion of Crs Nadin and O'Neil

1.    That Council accept the proposed dedication of land as Public Reserve as indicated in the subdivision plan provided as Attachment 1.

2.    That Council notes its intention to classify the land proposed for dedication as community land under Section 31 the Local Government Act 1993 (NSW).

3.    That Development Application 2021.157 for the subdivision of land to create 70 lots and creation of public reserve be approved, subject to the draft conditions of consent provided in Attachment 3.

4.    That those parties who made a submission be advised of Council’s decision.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

8.3

Affordable Housing Strategy implementation progress report

A motion was moved by Crs Griff and O’Neil

That Council:

1.    Note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 January 2024 to 30 June 2024.

2.    Retain the current meeting schedule of quarterly for the Affordable Housing Strategy Implementation Advisory Group.

A motion was foreshadowed by Cr Allen

1.    Note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 January 2024 to 30 June 2024.

2.    Endorse an update to the Affordable Housing Implementation Group Terms of Reference to change the meeting frequency to twice per year to align with the  6-monthly progress reporting to Council.

The motion was put to the vote and it was CARRIED

In favour:             Crs Griff, Seckold, O'Neil, Robin and Wright

Against:                  Crs Fitzpatrick, Nadin, Allen and Porter

132/24

RESOLVED on the motion of Crs Griff and O'Neil

That Council:

1.    Note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 January 2024 to 30 June 2024.

2.    Retain the current meeting schedule of quarterly for the Affordable Housing Strategy Implementation Advisory Group.

In favour:             Crs Griff, Seckold, O'Neil, Robin and Wright

Against:                  Crs Fitzpatrick, Nadin, Allen and Porter

8.4

Adoption of the Arts and Culture Plan 2024/25 - 2029/30

A motion was moved by Crs O’Neil and Griff

1.    That Council resolve to adopt the Arts and Culture Plan 2024/25 – 2029/30 as amended following public exhibition (Attachment 1).

2.    That Council note the feedback received during public exhibition (Attachment 3).

3.    That those who made submissions to the draft Arts and Culture Plan 2024/25 – 2029/30 be         notified of Council’s decision.

4.    That Council thanks South East Arts for its work in assisting the development of the Arts and         Culture Strategy,  notes its essential role in the cultural expression and creative industries of         the Bega Valley, and the continuing high value of the regional arts development organisations     in assisting regional local governments across NSW.

An amendment was proposed by Griff

The amendment was accepted by Cr O’Neil

1.    That Council resolve to adopt the Arts and Culture Plan 2024/25 – 2029/30 as amended following public exhibition (Attachment 1).

2.    That Council note the feedback received during public exhibition (Attachment 3).

3.    That those who made submissions to the draft Arts and Culture Plan 2024/25 – 2029/30 be         notified of Council’s decision.

4.    That Council thanks South East Arts for its work in assisting the development of the Arts and         Culture Strategy,  notes its essential role in the cultural expression and creative industries of         the Bega Valley, and the continuing high value of the regional arts development organisations     in assisting regional local governments across NSW.

5.    That council encourage cultural event hosts to provide Council with information on outcomes         including cultural tourism audience data

The motion was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

133/24

RESOLVED on the motion of Crs O'Neil and Griff

1.    That Council resolve to adopt the Arts and Culture Plan 2024/25 – 2029/30 as amended following public exhibition (Attachment 1).

2.    That Council note the feedback received during public exhibition (Attachment 3).

3.    That those who made submissions to the draft Arts and Culture Plan 2024/25 – 2029/30 be         notified of Council’s decision.

4.    That Council thanks South East Arts for its work in assisting the development of the Arts and         Culture Strategy,  notes its essential role in the cultural expression and creative industries of         the Bega Valley, and the continuing high value of the regional arts development organisations     in assisting regional local governments across NSW.

5.    That council encourage cultural event hosts to provide Council with information on outcomes         including cultural tourism audience data  

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

8.5

Adoption of Draft Local Infrastructure Contribution Plan, Voluntary Planning Agreement policy and procedure

134/24

RESOLVED on the motion of Crs Griff and O'Neil

1.    That Council resolve to adopt the Local Infrastructure Contribution Plan, draft Voluntary         Planning Agreements Policy and Steps in negotiation of a Voluntary Planning Agreement         Procedure (Attachments 1, 2 and 3) as amended after public exhibition and publish to         Council’s website. 

2.    That changes to the description of bridges listed in the schedule occur to refer to them as         'renewals and improvements' rather than the specific technical solution at each location.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

8.6

Draft Merimbula and Back Lake Coastal Management Program

135/24

RESOLVED on the motion of Crs Robin and O'Neil

1.    That Council resolves to publicly exhibit the Draft Merimbula and Back Lake Coastal Management Program (Attachments 1-3) for a period of not less than 28 days, noting that public exhibition will not commence until after the NSW local government election caretaker period expires.

2.    That a further report be presented to Council if there are any substantial changes to the draft management program arising from the public exhibition.

3.    That if there are no substantial changes arising from the public exhibition, that staff progress the draft Coastal Management Program for Merimbula and Back Lake to finalisation and certification without a further report to Council.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.1

Carry Forwards and Revotes at End of Financial Year 2024

136/24

RESOLVED on the motion of Crs Nadin and Allen

That Council:

1.    Receive and note the Financial Year 2024 carry forward projects and;

2.    Resolve to revote the budget allocation detailed in this report for projects not commenced. The allocation is to be moved from FY2024 budget and applied to the corresponding budget in FY2025.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.2

Certificate of Investment July 2024

137/24

RESOLVED on the motion of Crs Allen and Wright

1.    That Council receive and note the report on Council’s investment position at 31 July 2024.

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

3.    That council receive and note the review of investment policy 6.07 undertaken by the finance team and endorse the policy to be updated at item 4.1.8 Credit quality and Counterparty limits, maximum % of total investments in A category from 40% to 70% acknowledging ratings agency Standard & Poor’s upgraded long-term credit ratings.

4.    That the Investment policy 6.07 be placed on public exhibition after the conclusion of the caretaker period and that a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited policy be adopted and published on Council’s website.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.3

Report on implementation of Council's Operational Plan

138/24

RESOLVED on the motion of Crs Allen and Seckold

That Council:

1.    Receive and note the 2023-24 Operational Plan progress report for the period 1 January 2024 to 30 June 2024 and,

2.    Publish the attached progress report and corporate measures on Council’s website.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil and Wright

Against:                  Nil

Absent:                    Cr Robin

10.4

Proposed road names for future use within the shire

139/24

RESOLVED on the motion of Crs Porter and Griff

1.    That Council receive and note the report.

2.    That Council approves the proposed road name suggestions outlined in the background section of the report dated 14 August 2024 for pre-approval and reservation for future use within the shire.

3.    That Council maintains an ongoing process of receiving road name suggestions from the public.

4.    That road name suggestions be reported to Council annually or as part of other road naming requests that require Council approval to ensure continuous replenishment of the road name register.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.5

Road Closure - DA 2020.310 at Boydtown

140/24

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council approves, in principle, the part closing and part reopening of Council road reserve shown in the diagrams in the background section of the report to Council dated 14 August 2024.

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

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

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

5.    That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the road closure and subsequent land swap with the applicant for the creation of a new Ben Boyd Parade, Boydtown road reserve for nil compensation.

6.    That all costs associated with the road closure/opening process be borne by the applicant.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.6

Community Project Proposal - Eden Killer Whale Museum

141/24

RESOLVED on the motion of Crs O'Neil and Robin

1.    That Council delegates authority to the Chief Executive Officer to negotiate with the Eden Killer Whale Museum Management Committee Incorporated regarding landowners’ consent for construction of a new boat shed or structure on Council Managed Crown Land being Lot 1 Section 6 DP 758379.

2.    That Eden Killer Whale Museum Management Committee Incorporated are responsible for all costs associated with the proposal, including a Native Title due diligence assessment in relation to any public work required on Lot 1 Section 6 DP 758379.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.7

Adoption of Policy 6.23 - Payment of Expenses and Provision of Facilities to Councillors

142/24

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council receive and note the update to section 4.2.1 of Policy 6.23 Payment of Expenses and Provision of Facilities for Councillors and the policy be exhibited for a period of at least 28 days and that submissions be received for 42 days.

2.    That the exhibition period to commence after the conclusion of the caretaker period on 13 September 2024.

3.    That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited policy be adopted and published on Council’s website.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

10.8

Reporting of minutes for committees with delegated authority and advisory committees

143/24

RESOLVED on the motion of Crs Allen and Seckold

That Council receive and note the Grants Committee minutes of meeting held 19 June 2024 attached to this report.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

13.1

Electric vehicle charging stations

A motion was moved by Crs Griff and O’Neil

That:

1.    Staff progress Council’s 18 January 2023 resolution on electric vehicle charging stations and that,

2.    Council aim to host electric vehicle charging stations on at least one or more new sites on Council owned or managed land.

3.    Council endeavor to lodge an application to the third round of NSW fast charging grants         currently open; closing on 3 October 2024 (seeking the advice offered by Eurobodalla Shire)

A motion was foreshadowed by Cr Fitzpatrick

That this report be deferred to the new Council with staff to provide options ,costs and availability of services

The motion was put to the vote and it was LOST

In favour:             Crs Griff, Seckold, O'Neil and Robin

Against:                  Crs Fitzpatrick, Nadin, Allen, Porter and Wright

The foreshadowed motion became the motion and was moved by Cr Fitzpatrick and seconded by Cr Nadin:

That this report be deferred to the new Council with staff to provide options ,costs and availability of services

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

144/24

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That this report be deferred to the new Council with staff to provide options ,costs and availability of services

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

13.2

Children’s Services land acquisition reserve

RESOLVED on the motion of Crs Nadin and Porter

That Council places the proceeds from the sale of the Bega Valley Regional Learning Centre into an internally restricted reserve to be used to support the future expansion of Council’s Children’s Services.

In favour:             Crs Nadin, Porter and Wright

Against:                  Crs Fitzpatrick, Griff, Seckold, Allen, O'Neil and Robin

13.3

Removal of dedicated Parking Officer function

146/24

RESOLVED on the motion of Crs Porter and Nadin

That council review the dedicated parking officer function to ensure it aligns with councils community strategic values and report back to Council.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

15.1

Cr Griff - Could Staff provide some information about the dangers and risks related to silica dust in quarrying?

A response to Cr Griff Question without Notice was provided in the Ordinary Council Meeting Agenda of 14 August 2024 with the response as follows:

Council is not the Appropriate Regulatory Authority (ARA) for the control of silica dust in quarrying.

Further information can be sourced from NSW Health, Safework NSW and the NSW Environment Protection Authority (EPA), however, the dangers and risks related to human respirable crystalline silica (silica dust) exposure over time are well documented.

NSW Health’s website provides the most up to date information on silicosis with the Silicosis Control Guideline.  

Safework Australia’s website details construction work activities that can generate silica dust, the current workplace exposure standard for silica dust, and a workplace’s WHS obligations to remove or mitigate the exposure risk.

In assessing Development Applications for dust generating activities (such as quarrying), Council must consider the matters listed under section 4.15 of the Environmental Planning and Assessment Act 1979. As part of this process, external referrals are made to NSW Government agencies for expert advice, including bodies such as the EPA. This advice guides Council’s assessment and in some cases, identifies specific conditions that need to be included in the development consent.

Risks, including health or environmental risks, can therefore be addressed through requests for further information, investigation, management plans or design at assessment stage, and through specific consent conditions if the application is approved.

Adjournment Into Closed Session

147/24

RESOLVED on the motion of Crs Allen and Wright

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

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 (a) personnel matters concerning particular individuals.

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, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil

17.1

16.1 Chief Executive Officer Performance Agreement - 1 August 2024 to 31 July 2025

148/24

RESOLVED on the motion of Crs Nadin and O'Neil

Council endorsed the resolution of closed session in relation to Item 16.1.

In favour:             Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright

Against:                  Nil