Minutes of Council - 22 October 2014

Ordinary Meeting Minutes

Held on Wednesday, 22 October 2014

at Council Chambers, Bega commencing at 2.00 pm

Present

Cr Michael Britten, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Russell Fitzpatrick

Cr Keith Hughes

Cr Ann Mawhinney

Cr Bill Taylor

In Attendance

General Manager, Ms Leanne Barnes

Acting Group Manager Transport and Utilities, Mr Jim Collins

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community Relations and Leisure, Mr Anthony Basford

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, Mrs Bec Jones

Acknowledgement of Traditional Custodians of Bega Valley Shire

I would like to commence 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 and show our respect to elders past and present.

Mayor Britten welcomed Anthony Basford, Group Manager Community Relations and Leisure and thanked Acting Group Manager Simon Schweitzer.

Confirmation of Minutes

236/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 1 October 2014 as circulated, be taken as read and confirmed.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

Apologies

237/14

RESOLVED on the motion of Crs Hughes and Taylor

That an apology from Cr Tapscott and Cr McBain be accepted for their inability to attend the meeting

In favour: Crs Taylor, Britten, Hughes, Seckold, Allen and Fitzpatrick

Against: Nil

Absent: Cr Tapscott and Cr McBain

3. Declarations

There were no declarations of interest

Pecuniary Interest

Cr Allen declared a pecuniary interest regarding a late report of urgent business Item S.1 Disposal of Council owned Land at North Bega on the basis that he is supplier and shareholder. A signed declaration form was tabled by Cr Allen for inclusion in the Register noting that he would depart the meeting room, taking no part in debate or voting on this item.

Cr Fitzpatrick declared a pecuniary interest regarding a late report of urgent business Item S.1 Disposal of Council owned Land at North Bega as his employer has a business arrangement with the purchaser. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register noting that he would depart the meeting room, taking no part in debate or voting on this item.

Non Pecuniary Interest

Cr Taylor declared a non-pecuniary interest regarding a late report of urgent business Item S.1 Disposal of Council owned Land at North Bega on the basis that he has a family member employed by the purchaser. A signed declaration form was tabled by Cr Taylor for inclusion in the Register noting that he would remain in the meeting room and will take part in debate or voting on this item.

4. Deputations (by prior arrangement)

Suspension of Standing Orders

238/14

RESOLVED on the motion of Crs Hughes and Taylor

That Standing Orders be suspended to allow the following persons to address Council regarding:

Notices of Motion

16.1 Bega Women’s Resource Centre – Support for Save our Services

16.2 Bega Women’s Refuge

Ms Gabrielle Powell on behalf of Southern Women’s Group Inc., Women’s Resource Centre and Bega Valley Domestic and Sexual Violence Committee

Mr Daniel Strickland on behalf of Mission Australia

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

Ms Powell addressed Council.

RESOLVED on the motion of Crs Taylor and Mawhinney that an extension of two minutes be granted to allow Ms Powell to complete her address and to respond to questions from Councillors.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

The Mayor thanked Ms Powell for her address.

Mr Strickland addressed Council.

RESOLVED on the motion of Crs Mawhinney and Seckold that an extension of two minutes be granted to allow Mr Strickland to complete her address and to respond to questions from Councillors.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

The Mayor thanked Mr Strickland for his address.

5. Petitions

There were no petitions.

6. Mayoral Minutes

There were no mayoral minutes.

Adjournment into Standing Committees

239/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

2.25 pm The Ordinary meeting adjourned and formed in the committee.

8. Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the chair for this section of the agenda.

8.1	Update on Planning Proposal: Zoning and Height Limits for Bega, Merimbula and Eden CBDs and zoning of land at Arthur Kaine Drive, Merimbula

240/14	RESOLVED on the motion of Crs Allen and Taylor that each item in this recommendation be dealt with separately. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Fitzpatrick and Allen Against: Nil Absent: Crs McBain, Tapscott
241/14	RESOLVED on the motion of Crs Allen and Britten 1. That Council adopt the following amendments to Bega Valley Local Environmental Plan 2013: 1.1 The height limit for SP 73171, Lots 25-28 DP 208862 and Lots 31-34 DP 208862 Carolynne Street, Short Street and Ocean Avenue Merimbula be amended from 7.5m to 10m. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Fitzpatrick and Allen Against: Nil Absent: Crs McBain, Tapscott
242/14	RESOLVED on the motion of Crs Allen and Mawhinney 1.2 Lot 28 DP 208862 Carolynne Street Merimbula be zoned R3 Medium Density Housing. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Fitzpatrick and Allen Against: Nil Absent: Crs McBain, Tapscott
243/14	RESOLVED on the motion of Crs Seckold and Mawhinney 1.3 Lots 1-4 DP 993, Lot 2 DP 571756 Sattler Street and Lots 5 and 6 DP 993, Lots 1-3 DP 571741, Lots 346 and 347 DP 635577, Lot 1 DP 417220, Lot A DP 370462 and Lot 1 and Part Lot 2 DP 747017, Parker Street Bega be zoned B4 Mixed Use. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Fitzpatrick and Allen Against: Nil Absent: Crs McBain, Tapscott
244/14	RESOLVED on the motion of Crs Allen and Seckold 1.4 Lots 2 and 3 DP 948040 Peden Street Bega be zoned B4 Mixed Use. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Fitzpatrick and Allen Against: Nil Absent: Crs McBain, Tapscott
245/14	RESOLVED on the motion of Crs Britten and Taylor 1.5 Part Lot 912 DP 855433 Main Street Merimbula, as identified in Figure 4 to this report be zoned B4 Mixed Use. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Tapscott
246/14	RESOLVED on the motion of Crs Seckold and Mawhinney 1.6 Lots 1 & 2 DP 521571 and Lot 1 DP 1051587 Main Street Merimbula be zoned B4 Mixed Use. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Tapscott
247/14	RESOLVED on the motion of Crs Taylor and Britten 1.7 Lots 398 and 339 DP 40361, Lots 325, 326,327,329,331,334,335,341,345,346,371,378, 379, 382, 383,386 and Part Lot 340 DP 750227, Lots 385 and 386 DP 811258, Lot 10 DP 1057525, Lots 281 and 282 DP 1135670 and Lot 349 and 350 DP 1144511 Arthur Kaine Drive be zoned B5 Business Development. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Tapscott
248/14	RESOLVED on the motion of Crs Britten and Mawhinney that recommendation 1.8 be deferred and be the subject of a further report to Council on the zoning history of the subject land. In favour: Crs Taylor, Britten, Seckold, Mawhinney, Allen and Fitzpatrick Against: Cr Hughes Absent: Crs McBain, Tapscott
249/14	RESOLVED on the motion of Crs Britten and Allen 1.9 The height controls for Bega CBD be in accordance with Attachment 1, Figure 1 “Proposed Height Controls Bega CBD” to this report. The height controls for Eden CBD be in accordance with Attachment 1, Figure 2 “Proposed Height Controls Eden CBD” to this report. The height controls for Merimbula CBD be in accordance with Attachment 1, Figure 3 “Proposed Height Controls Merimbula CBD” to this report. In favour: Crs Taylor, Britten, Seckold, Mawhinney, Allen and Fitzpatrick Against: Cr Hughes Absent: Crs McBain, Tapscott
250/14	RESOLVED on the motion of Crs Britten and Taylor 1.10 The Eden Fishermans Club land and land fronting either side of Imlay Street between Chandos Street and Cocora Street Eden, as identified in Figure 8 to this report be zoned B4 Mixed Use. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Tapscott
251/14	RESOLVED on the motion of Crs Mawhinney and Britten 1.11 Lot 21 DP 788099 Princes Highway Eden be zoned B4 Mixed Use. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Tapscott
252/14	RESOLVED on the motion of Crs Allen and Mawhinney 2. That Lot 10 DP 516613 and Lot 11 DP 1166395 Flinders Street and Lot 10 Section 20 DP 758379 and Part Lot 12 DP 1166395 Mitchell Street Eden be withdrawn from the Planning Proposal. That Lot 1 DP 1004805 , Lot 120 DP 847899 , Lot 2 DP 549112 Arthur Kaine Drive Merimbula be withdrawn from the Planning Proposal. In favour: Crs Taylor, Britten, Seckold, Mawhinney, Allen and Fitzpatrick Against: Cr Hughes Absent: Crs McBain and Tapscott
253/14	RESOLVED on the motion of Crs Britten and Taylor 3. That using the delegations issued by the Minister for Planning, Council proceeds to finalise the plan under Section 59(2) of the Environmental Planning and Assessment Act 1979. In favour: Crs Taylor, Britten, Seckold, Mawhinney, Allen and Fitzpatrick Against: Cr Hughes Absent: Crs McBain and Tapscott
254/14	RESOLVED on the motion of Crs Britten and Taylor 4. That those persons who have made submissions be advised of the above. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Tapscott

8.2

Adoption of Draft Central Business District Design Guidelines for the B2 and B4 zoned lands within the Bega Valley Shire

255/14

RESOLVED on the motion of Crs Hughes and Seckold

1. That Council adopt the draft Central Business District Design Guidelines in Attachment 1 of this report for insertion into Development Control Plan 2013 with the following amendments;

a) The proposed setback for the laneway between Parker street and Canning street and Gipps street and Canning street, identified in Figure 2.3 ‘Bega Town Centre setback requirements’ of Attachment 1 to the report, as 3m be amended to a zero setback

b) The proposed setback for the laneway between Imlay street and Calle Calle street, identified in Figure 2.5 ‘Eden Town Centre setback requirements‘ of Attachment 1 to the report, as 3m be amended to a zero setback.

2. That those persons who made submissions be advised of the above.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

8.3

Landscaping guidelines prepared in accordance with the Delivery and Operational Plan 2013/14

256/14

RESOLVED on the motion of Crs Britten and Taylor

1. That the document “Landscaping Guidelines: A guide for preparing landscaping plans for lodgement with development applications in the Bega Valley” be noted by Council.

2. That the Landscaping Guidelines be placed on public exhibition for a period of 28 days with the following additional wording included in Section 7 of the report: “Depending on the zoning and requirements of relevant NSW Legislation applicable from time to time”

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

8.4

Finalisation of Rural Residential Lot Sizes Planning Proposal

257/14

RESOLVED on the motion of Crs Britten and Seckold

1. In respect of the Planning Proposal for Rural Residential Lot Sizes Council resolves that Lot 91 DP 580933, Lot 5 DP 250487 and Lot 6 DP 250487 – Bermagui Cobargo Road, Coolagolite – be zoned E4 Environmental Living with a minimum lot size of 3 hectares. Further, the current minimum lot size under BVLEP 2013 for the remainder of the land within the subject area remains unchanged at 5 hectares.

2. That all persons and agencies that have made submissions be advised of the above.

3. That Council requests the Minister for Planning and Environment to finalise the plan with the variation in Point 1 above under Section 59(2) of the Environmental Planning and Assessment Act 1979.

In favour: Crs Britten, Seckold, Mawhinney and Fitzpatrick

Against: Crs Taylor, Hughes and Allen

Absent: Crs McBain and Tapscott

9. Staff Reports – Community and Relationships (Liveability)

In accordance with Council’s Code of Meeting Practice, in the absence of Councillor Tapscott, Mayor Britten assumed the chair for this section of the agenda.

9.1

NSW Public Libraries Conference - 11 - 14 November 2014

258/14

RESOLVED on the motion of Crs Taylor and Mawhinney

That the report be noted and referred back to the General Manager for appointment of a staff delegate to attend the 2014 Public Libraries NSW Conference and AGM from Tuesday 11 November – Friday 14 November 2014 in Mudgee, and the necessary expenses are defrayed by the Council in keeping with its policy.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

9.2

Re-allocation of funds for Candelo Town Hall Cafe project

259/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That Council endorse the re-allocation of $18,000 from identified salary and other budget savings from the existing Community Relations and Leisure budget to cover the shortfall in this project.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

10. Staff Reports – Economic (Enterprising)

There were no staff reports – Economic (Enterprising).

11. Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, Councillor Taylor assumed the chair for this section of the agenda.

11.1	Sewage Pump Station Upgrades - RFT 65/14

260/14	RESOLVED on the motion of Crs Mawhinney and Allen 1. That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Tapscott
261/14	RESOLVED on the motion of Crs Mawhinney and Allen 2. That Council accept the tender submission from Aorangi Holdings P/L trading as De Kort Pumps in relation to the construction for Sewage Pump Station Upgrades as described in RFT 1400679, in the amount of $304,167.79 (including GST), subject to variations, provisional sums and prime cost items. 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That other tenderers be advised of Council’s decision. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Tapscott
11.2	Bega Valley Local Traffic Committee Meeting 1 October 2014

262/14	RESOLVED on the motion of Crs Fitzpatrick and Mawhinney That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 1 October 2014 and approve the following: Extension to existing No Stopping Zone – Upper Street, Bega (Bega Fire Station) Council approves the extension of the existing “No Stopping” zone along the Upper Street frontage to the Bega Fire Station by 30 metres, being 40 metres from the intersection of Upper and Gipps Streets, Bega. Extension to existing No Stopping Zone – Clark Lane, Bega Part 1 Council approve the installation of a “No Stopping” zone on the eastern and part of the northern side of Clark Lane commencing at the corner of the building currently occupied by the Salvation Army for a total distance of 47.5 metres ending adjacent to the eastern boundary of the Salvation Army occupied building. Part 2 Council approve the extension of the existing “No Stopping” zone at the exit driveway (Clark Lane) from the Bega Coles car park by removing 2 on street car spaces. The “No Stopping” zones be extended to a distance of 7.6 metres east and 7.6 metres west of the edge of the existing access layback. Part 3 Council approves the relocation of the existing on street bus zone to accommodate the new pedestrian blisters for the target development, commencing from the corner of Zingle Place and Gipps Street to the existing bus shelter, a distance of 45.3 metres. Two parking spaces with a two hour limit will be available in front of the Youth Space northbound side of Gipps Street. On the southbound side of Gipps Street the bus zone will be extended by a distance of 11 metres to the south. Installation of No Stopping Zone – Corner Bega and Scott Streets, Wolumla Council approves the installation of “No Stopping” zones on the corner of Scott and Bega Streets, Wolumla. A “No Stopping” zone be installed on the north eastern corner (Wolumla Hotel), with the Scott Street leg being the mandatory 10 metres from the intersection and the Bega Street leg being a distance of 17 metres from the intersection. A “No Stopping” zone be installed on the south east corner (General Store), with the Scott Street leg being a distance of 16 metres from the intersection and the Bega Street leg being a distance of 20 metres from the intersection. In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Tapscott

12. Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Councillor Mawhinney assumed the chair for this section of the agenda.

12.1

Internal Audit Committee - The Year in Review - 2013-2014

263/14

RESOLVED on the motion of Crs Britten and Fitzpatrick

That Council notes the progress of the Internal Audit Committee during 2013-2014.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

12.2

Certificate of Investments made under Section 625 of the Local Government Act 1993

264/14

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1. That Council receive and note the attached report indicating Council’s Investment position.

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

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

12.3

Biamanga National Park External Group Committee - Request for Alternate Delegate

265/14

RESOLVED on the motion of Crs Hughes and Taylor

1. That Council approve the request from Biamanga National Park Committee.

2. That Council confirm Cr Ann Mawhinney as the Deputy Delegate to Biamanga National Park Committee

3. That the Biamanga National Park Committee be advised of the appointed Deputy Delegate.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

3:13 pm The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

266/14

RESOLVED on the motion of Crs Taylor and Allen

That all motions recorded in the Standing Committees, including votes for and against (excluding item 8.1.1.9) and acknowledging declarations of interest already made, be adopted in and by the Ordinary Council Meeting.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

267/14

RESOLVED on the motion of Crs Allen and Hughes

That the motions recorded for Item 8.1, subsection 1.9 be adopted in and by the Ordinary Council Meeting

· The height controls for Bega CBD be in accordance with Attachment 1, Figure 1 “Proposed Height Controls Bega CBD” to this report.

· The height controls for Eden CBD be in accordance with Attachment 1, Figure 2 “Proposed Height Controls Eden CBD” to this report.

· The height controls for Merimbula CBD be in accordance with Attachment 1, Figure 3 “Proposed Height Controls Merimbula CBD” to this report.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

14. Delegates Reports

14.1	Local Government NSW Conference
	Cr Ann Mawhinney attended the LG NSW Conference on 19-21 October. A further report will be provided to Council.

14.2 Items of Interest relating to Council Business

14.2.1

Equestrian Centre Meeting

Cr Russell Fitzpatrick reported that on Wednesday 15 October 2014 he chaired a meeting of people who wished to see an Equestrian Centre within the Bega Valley Shire.

The meeting was attended by 19 people representing all associated with the Horse Industry and also 33 apologies were received from others who were asked to express an opinion on the need for such.

A list of all attendees and apologies were provided to Councillors.

Mrs Robyn Bain and Mr Rob Tweedie from the Sapphire Coast Turf Club presented their strategic plan and stated that the facility had Kalaru would be an obvious complimentary facility to what had been suggested was needed by various groups.

The meeting agreed that all bodies should have two representatives nominated and a steering committee should be established with the following agenda:

1. Examine the possibility that the Sapphire Turf Club provides to establish the facilities all groups have expressed would be required.

2. Examine and prepare cost for each of the requirements as well as look at other options if the Turf Club is not deemed suitable.

Cr Fitzpatrick declared that such nominations have been received the committee will approach Council either to provide a representative or attend as an observer.

14.2.2

Cr Seckold – Various Reports

Cr Seckold has attended various events in the Shire recently including:

· Tourism Future14

· Relay for Life – with a stall for SPAN

· Olga Masters Festival

· SEWACS launch of 2 mobile phone apps

· Mumbulla Foundation Fundraiser – encouraged Councillors to attend

· Walk with Us – Mental Health Month Flyer

15. Rescission/alteration Motions

There were no rescission/alteration motions.

16. Notices of Motion

16.1

Bega Women's Resource Centre - Support for Save our Services

268/14

RESOLVED on the motion of Crs Allen and Mawhinney

That Following deputations to Council that the item be deferred for a further report back to Council.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

16.2

Bega Women's Refuge

269/14

RESOLVED on the motion of Crs Allen and Mawhinney

That Following deputations to Council that the item be deferred for a further report back to Council.

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

17. Urgent Business

270/14

RESOLVED on the motion of Crs Mawhinney and Taylor

That the matter of urgent business be dealt with in this meeting

In favour: Crs Taylor, Britten, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against: Nil

Absent: Crs McBain and Tapscott

S.1

Disposal of Council owned Land at North Bega

271/14

03:23 pm Cr Allen left the meeting.

03:23 pm Cr Fitzpatrick left the meeting.

Cr Taylor declared a non-pecuniary interest regarding this item on the basis that he has a family member employed by the purchaser. A signed declaration form was tabled by Cr Taylor for inclusion in the Register noting that he would remain in the meeting room and will take part in debate or voting on this item.

RESOLVED on the motion of Crs Taylor and Mawhinney

1. That Council approve the disposal of Lot 21 DP 854462 at North Bega to Bega Cheese Limited for the sum of $100,000 (excluding GST).

2. That Council’s legal fees to finalise this matter be payable by Council.

3. That Council hereby authorise its Official Seal to be affixed to the contract documents under the signature of the Mayor and General Manager.

In favour: Crs Taylor, Britten, Hughes, Seckold and Mawhinney

Against: Nil

Absent: Crs McBain, Tapscott, Allen and Fitzpatrick

03:28 pm Cr Fitzpatrick returned to the meeting.

Cr Allen did not return to the meeting.

18. Questions On Notice

18.1

Merimbula STP Deep Water Ocean Outfall - EIS Update

Cr Fitzpatrick asked at the Council Meeting of 10 September 2014, to receive an update on the Deep Water Ocean Outfall Effluent Disposal System.

Council Meeting 10 September 2014

Item 18.3 Deep Water Ocean Outfall Effluent Disposal System

Cr Russell Fitzpatrick noted at the Council meeting of 3 July 2013, Council resolved to pursue ways over the next 12 months to meet capital funding shortfall for a deep water ocean outfall effluent disposal system with State and Federal Governments.

Item 3 and 4 of the resolution was that should State and Federal funding not be forthcoming then Council proceed to constructing a dunal exfiltration system.

Cr Fitzpatrick asked could Councillors receive an update of this position in view of the offer from the State Government in regards to infrastructure projects, and additionally a costing of the construction of a dunal exfiltration system.

The question was taken on notice by the Group Manager Transport and Utilities who has provided the following response to Councillors via Memorandum:

Background

Merimbula sewage treatment plant (“Merimbula STP”) is owned and operated by Bega Valley Shire Council. It services the localities of Merimbula, Tura Beach, Pambula, Pambula South and Pambula Beach.

Treated effluent from the Merimbula STP is beneficially reused to irrigate Pambula Merimbula Golf Course and a nearby rural property known as “Oaklands”. The balance of treated effluent unable to be beneficially reused is discharged to exfiltration ponds located in the sand dunes east of the plant and to Merimbula Bay via a shore based outfall.

NSW Environment Protection Authority (EPA) has asked Council via its Merimbula STP Environment Protection Licence to seek necessary approvals to construct a deep water ocean outfall and upgrade the Merimbula STP to rectify the shortfalls of current effluent management arrangements.

At its meeting of 25 June 2014 Council adopted a deep water ocean outfall and associated upgrade of the Merimbula STP as the preferred option.

Progress

Significant progress has been made towards commencement of the Environmental Impact Statement (EIS)/Concept Design. The following specific actions have taken place since 25 June 2014:

· Engagement NSW Public Works project manager

· Engagement of specialist planning law consultants to advise on the appropriate EIS approvals pathway and likely Director Generals’ requirements

· Engagement of specialist water quality and oceanographic consultants to support the technical/data requirements of the EIS

· Meetings with senior NSW Planning and NSW EPA officers regarding likely EIS requirements

· Drafting of contract documents for engagement of a suitable consultant to complete the EIS/Concept Design

Provided matters associated with NSW Planning go smoothly it is likely an EIS/Concept Design consultant will be engaged by February 2015.

19. Questions for the Next Meeting

19.1

Liquor Licence - Bermagui

Cr Keith Hughes asked to be informed of the process to be followed for granting of a Liquor Licence in Bermagui.

The question was answered by the General Manager who indicated that Council have asked both the Company who are preparing the independent community impact statement assessment and OLGR when liquor licence application is lodged that we be advised so we can make comment formally. We have spoken with OLGR to ascertain what that process is. No indication has been provided from OLGR regarding the timeframe for the advice to be made to Council.

Council will prepare a submission and circulate to Councillors prior to being lodged.

19.2

Plastic Bags in the Shire

Cr Keith Hughes asked to receive an update on a previous Quesiton on Notice regarding the use of plastic bags within the Shire.

The Group Manager Strategy and Business Services advised that the reponse to this question would be provided in a memorandum which will be forwarded to Councillors prior to the next Council meeting. The response will additionally be reported in the Council meeting of 12 November 2014.

20. Confidential Business

There was no confidential business.

21. Adoption of reports from Closed Session

There was no adoption of reports from closed session.

22. Resolutions to declassify reports considered in closed session

There were no resolutions to declassify reports considered in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 3:32 pm.

CONFIRMED .......................................................................................................

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 22 October 2014.