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 Cr Joy Robin Cr Karen Wright
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In AttendanceChief Executive Officer, Mr Anthony McMahon Acting Director, Assets and Operations, Mr Ian Macfarlane Acting Director, Community, Environment and Planning, Mrs Emily Harrison Director, Business and Governance, Mrs Iliada Bolton Acting Manager Communications and Events, Ms Skye Owen Minute Secretary, Mrs Jackie Grant |
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.
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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There were no apologies. |
2. |
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116/22 |
RESOLVED on the motion of Crs Seckold and Nadin That the Minutes of the Ordinary Meeting held on 29 June 2022 and the Extraordinary Meeting held on 13 July 2022 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
Non Pecuniary Interest
Cr Seckold declared a significant non pecuniary interest regarding Item 9.2 Kalaru to Bega share path – Feasibility study outcomes. Cr Seckold has been the chair of the Bega Tathra Saferide since its inception seven years ago. A signed declaration form was tabled by Cr Seckold, she will leave the chambers when this item is discussed.
The following deputations were heard:
Item 8.2 Section 4.55(1a) Application to Modify Development Consent 2016.515 - 24 lot subdivision - Lot 4 DP 240604, East Street, Bega
· Mr David Larkins - FOR
· Mr Hugh Pitty on behalf of Friends of Glebe Wetlands – AGAINST
Item 9.2 Kalaru to Bega shared path - feasibility study outcomes
· Mr David Hislop - FOR
· Mr Doug Reckord on behalf of Bega Tathra safe ride Inc – AGAINST
· Mr Ken Sullivan - AGAINST
5. Petitions
Cr Griff mentioned a petition containing 146 signatures regarding protection of the grey headed flying foxes and their habitat at the Glebe Wetlands by:
· Requiring that a new species impact statement is done
· Completing the Camp Management Plan for the Glebe Wetlands flying-fox
· Work with NSW Government to negotiate a solution to the problems caused by Council’s approval of the modification application
· Seek that an effective buffer is restored
Cr Griff mentioned a petition containing 90 signatures regarding save Tura Beach biodiversity by:
· Committing to transparency on any Zombie Development Applications (DA’s)
· Acknowledge Council has the power to revoke Zombie DA’s
· Acknowledge Council’s duty to consider environmental impacts
· Acknowledge Council has power to refuse to allow an activity likely to significantly affect the environment
· Acknowledge Council could waste money if a Zombie DA approval is shown to be invalid
6. Mayoral Minutes
There were no mayoral minutes.
There was no urgent business.
8. Staff Reports – Community, Environment and Planning
8.1 |
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117/22 |
RESOLVED on the motion of Crs Nadin and Porter That Council: 1. Note the current work being undertaken by Council to support and engage with young people in the Bega Valley Shire. 2. Resolve to seek funding for the development of a Bega Valley Youth Specific Strategy that aligns with the community strategic plan at the commencement of the 2023 calendar year. In favour: Crs Fitzpatrick, Nadin, Griff, Allen, Porter and Wright Against: Crs Seckold, O'Neil and Robin |
8.2 |
Section 4.55(1a) Application to Modify Development Consent 2016.515 - 24 lot subdivision - Lot 4 DP 240604, East Street, Bega |
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A motion was moved by Crs Nadin and Porter That the item be dealt with today. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil
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118/22 |
RESOLVED on the motion of Crs Nadin and Porter 1. That Council approves the Section 4.55(1A) Application to Modify Development Consent 2016.515 to increase the number of lots from 24 to 25 and use of constructed infrastructure at Lot 4 DP 240604, East Street, Bega, subject to the draft modified conditions provided in Attachment 1. 2. That parties who made a submission be notified of Council’s decision. In favour: Crs Fitzpatrick, Nadin, Allen, Porter, O'Neil, Robin and Wright Against: Crs Griff and Seckold |
9. Staff Reports – Assets and Operations
9.1 |
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119/22 |
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 |
120/22 |
RESOLVED on the motion of Crs Allen and Nadin 2. That Council accepts the tender from Laurie Curran Water Pty Ltd in relation to contract for the works for as described in RFT 1000043351, in the amount of $11,417,262.39 (excluding GST), subject to variations 3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 1000043351 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 |
9.2 |
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Cr Seckold declared a significant non pecuniary interest regarding Item 9.2 Kalaru to Bega share path – Feasibility study outcomes. Cr Seckold has been the chair of the Bega Tathra Saferide since its inception seven years ago. A signed declaration form was tabled by Cr Seckold, she will leave the chambers when this item is discussed. 02:40 pm Cr Seckold left the meeting. A motion was moved by Crs Nadin and Allen That the item be dealt with today. In favour: Crs Fitzpatrick, Nadin, Griff, Allen, Porter, O'Neil, Robin and Wright Against: Nil Absent: Cr Seckold
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121/22 |
RESOLVED on the motion of Crs Porter and Nadin 1. Council acknowledge and thank the efforts of the Bega Valley Safe Ride Group in their advocacy role for the improvement of safety outcomes for cyclists in the Bega Valley. 2. Council receives and notes the Kalaru to Bega Shared Path Feasibility Design Study and its attachments. 3. Council note there is not provision for whole of life cost allocations to account for any new assets in the currently adopted long term financial plan. 4. Council will consider the project and funding options in the context of the shire-wide Active Transport Strategy, noting a grant application has been submitted to the NSW Government to complete the Strategy. In favour: Crs Fitzpatrick, Nadin, Griff, Allen, Porter, O'Neil, Robin and Wright Against: Nil Absent: Cr Seckold |
02:54 pm Cr Seckold returned to the meeting.
9.3 |
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A motion was moved by Crs Allen and Nadin 1. That Council receive and note the report. 2. That Council approve tenure of nine (9) years in the form of 3 x 3-year leases to RBA Holdings Pty Ltd for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental of $12,870 including GST per annum less a rental rebate of 67%. This equates to a starting rental of $4,247.10 per annum plus the additional fees associated with co-location of an additional entity. 3. That RBA Holdings Pty Ltd, be responsible for the payment of all costs associated with the lease extension. 4. That Council authorise the Chief Executive Officer and Mayor to execute all necessary documentation to provide the extension of tenure. A motion was foreshadowed by Crs O’Neil and Robin Approve tenure of nine (9) years in the form of 3 x 3-year leases to RBA for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental of $12,870 including GST per annum and advise RBA that Council no longer supports a rental rebate. The motion was put to the vote and it was LOST In favour: Crs Nadin, Allen and Porter Against: Crs Fitzpatrick, Griff, Seckold, O'Neil, Robin and Wright
The foreshadowed motion became the motion and was put to the vote and it was CARRIED In favour: Crs Fitzpatrick, Griff, Seckold, Porter, O'Neil, Robin and Wright Against: Crs Nadin and Allen
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122/22 |
RESOLVED on the motion of Crs Robin and O'Neil Approve tenure of nine (9) years in the form of 3 x 3-year leases to RBA for their continued occupation of part Lot 2 DP 826717 at Tura Beach reservoir site for an annual market rental of $12,870 including GST per annum and advise RBA that Council no longer supports a rental rebate. In favour: Crs Fitzpatrick, Griff, Seckold, Porter, O'Neil, Robin and Wright Against: Crs Nadin and Allen |
9.4 |
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123/22 |
RESOLVED on the motion of Crs Nadin and Porter 1. That Council receive and note the report. 2. That Council approves assignment of the lease for lease site LS-09 at Merimbula Airport from Bakersair Pty Limited to the Trustee for the Bourke Family Trust. 3. That the applicant be responsible for the payment of all costs associated with the assignment of lease process. 4. That the Mayor and Chief Executive Officer be authorised to execute the necessary documentation to formalise the above course of action. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
9.5 |
RFT 2122-040 Mount Darragh Road and Tantawangalo Mountain Road DRFA Restoration Works |
124/22 |
RESOLVED on the motion of Crs Allen and Robin 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 |
125/22 |
RESOLVED on the motion of Crs Allen and Robin 2. That Council accepts the tender from Leed Engineering and Construction Pty Ltd in relation to contract for the works for separable portion A, as described in tender 2122-040, in the amount of $3,543,793.94 (excluding GST), subject to variations and provisional sums 3. That Council rejects the tenders in relation to contract for works for separable portion B, as described in tender RFT 2122-040, and enter negotiations with the recommended tenderer 4. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2122-040 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 |
10. Staff Reports – Business and Governance
10.1 |
Review of Council Policies - adoption of exhibited documents Batch 1 submissions received |
126/22 |
RESOLVED on the motion of Crs Nadin and Seckold 1. That Council adopt Draft Policy 4.04 companion animal management with amendments as outlined in this report 2. That the adopted companion animal management policy be published on Council’s website In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
10.2 |
Review of Council Policies - adoption of exhibited documents Batch 1 |
127/22 |
RESOLVED on the motion of Crs Nadin and O'Neil 1. That Council adopts the following policies: a. Draft Policy 3.09 Dedication of Public Land b. Draft Policy 3.10 Waste Services c. Draft Policy 4.05 Enforcement and Compliance d. Draft Policy 4.06 Cemeteries and Memorials e. Draft Policy 4.10 Land Under Council Jurisdiction f. Draft Policy 5.01 Asset Management g. Draft Policy 5.02 Transport Services 2. That the documents be published on Council’s website In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
10.3 |
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128/22 |
RESOLVED on the motion of Crs Nadin and Griff 1. That Council places the following draft policies on public exhibition: · Policy 2.01 Live, Work, Invest · Policy 2.03 Digital Economy · Policy 2.04 Traditional Industries · Policy 2.05 Tourism · Policy 3.08 Asbestos Management · Policy 6.08 Procurement of Assets and Services · Policy 6.09 Information Technology · Policy 6.12 Access to Information · Policy 6.15 Interstate and Overseas Travel · Policy 6.17 Integrated Planning and Reporting · Policy 6.19 Closed Circuit Television (CCTV) · Policy 6.20 Related Party Disclosures · Policy 6.21 Public Private Partnerships · Policy 6.22 Business Incentives 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 should there be no submissions to policies 2.03 digital economy, 2.04 traditional industries, 2.05 tourism, 6.17 integrated planning and reporting, 6.21 public private partnerships, and 6.22 business incentives during public exhibition, these policies to be REVOKED. 4. That following public exhibition, a further report be presented to Council including any submissions received and submit the final policies recommended for adoption. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil
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10.4 |
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129/22 |
RESOLVED on the motion of Crs Nadin and O'Neil 1. That Council receive and note the report on Council’s investment position at 30 June 2022. 2. That Council notes the certification of the Responsible Accounting Officer. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
10.5 |
Audit, Risk & Improvement Committee Quarterly Report June 2022 |
130/22 |
RESOLVED on the motion of Crs O'Neil and Griff The Audit, Risk & Improvement Committee Quarterly Report June 2022 was noted. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil |
10.6 |
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131/22 |
RESOLVED on the motion of Crs Griff and Nadin 1. That council adopt the code of conduct review panel established by the Canberra Joint Region Organisation (CRJO) effective from 1 July 2022 to 30 June 2026 2. That the following eighteen (18) consultants / entities be appointed to Bega Valley Shire Councils conduct review panel until 30 June 2026: · Australian Workplace Training & Investigation · BAL Lawyers · BDO Services Pty Ltd · Centium Pty Ltd · Local Government Legal · Maddocks · McCullough Robertson Lawyers · Mediate Today Pty Ltd · Nemesis Consultancy Group · O'Connor Marsden and Associates Pty Ltd · Pendlebury work place solutions · RSM · SINC Solutions Pty Ltd · Weir Consulting (National) · Winton Consulting Pty Ltd · WISE Workplace · Workdynamic Pty Ltd In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Allen, Porter, O'Neil, Robin and Wright Against: Nil
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10.7 |
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A motion was moved by Crs Nadin and Porter That Council endorse Crs Nadin and Porter as voting delegates and Cr Griff as a non-voting delegate, the Mayor and the Chief Executive Officer to attend the Local Government’s NSW (LGNSW) Annual Conference to be held from 23-25 October 2022. A motion was foreshadowed by Crs Fitzpatrick and Allen That Council endorse the Mayor and the Chief Executive Officer to attend the Local Government’s NSW (LGNSW) Annual Conference to be held from 23-25 October 2022. A Point of order was called from Cr O’Neil regarding
Cr Nadin. The motion was put to the vote and it was CARRIED In favour: Crs Nadin, Griff, Seckold, Porter and Wright Against: Crs Fitzpatrick, Allen, O'Neil and Robin
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132/22 |
RESOLVED on the motion of Crs Nadin and Porter That Council endorse Crs Nadin and Porter as voting delegates and Cr Griff as a non-voting delegate, the Mayor and the Chief Executive Officer to attend the Local Government’s NSW (LGNSW) Annual Conference to be held from 23-25 October 2022.
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11. Councillor Reports
11.1 |
2022 National General Assembly of Local Government Communique |
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Cr Fitzpatrick’s report was noted. |
12. Rescission/Alteration Motions
There were no Rescission/alteration motions.
13. Notices of Motion
13.1 |
Cr Cathy Griff - Bega Valley Shire Flying Fox Camp Management Plan |
133/22 |
RESOLVED on the motion of Crs Griff and Wright That Council: 1. Prioritise completion of the Bega Valley Shire Flying Fox Camp Management Plan, to identify appropriate management measures for grey-headed flying foxes in Bega Valley Shire. 2. Engage with relevant officers in Eurobodalla and Shoalhaven Councils to investigate successful strategies that have been applied in similar local government areas. 3. Work with key stakeholders such as the Bournda Environmental Education Centre, Pambula Wetlands and Heritage Projects Inc, Friends of Glebe Wetlands, and the Biodiversity and Conservation Division (BCD) in Department of Planning and Environment to increase community understanding of the importance of protecting the grey-headed flying fox and its habitat in Bega Valley Shire. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold, Porter, O'Neil, Robin and Wright Against: Cr Allen |
14. Questions with Notice
There were no questions with notice.
15. Questions without Notice
15.1 |
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A response to Cr Nadin’s Question without Notice from 18 May 2022 Ordinary Council Meeting was provided in the Ordinary Council Meeting Agenda of 20 July 2022.
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There was no confidential business.
There were no noting of resolutions from closed session.
There were no declassification of reports considered previously in closed session.
There being no further business, the Chairperson closed the meeting at 04:05 pm.
Confirmed
Russell
Fitzpatrick
(digitally
signed)
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 20 July 2022.