1.

Confirmation of Minutes

65/15

RESOLVED on the motion of Crs Allen and Taylor

That the Minutes of the Ordinary Meeting and Closed Sessions held on 25 February 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Tapscott

2.

Apologies

66/15

RESOLVED on the motion of Crs Seckold and Mawhinney

That an apology from Cr Tapscott be accepted for her inability to attend the meeting.

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

Against:                  Nil

Absent:                    Cr Tapscott

7.

Adjournment into Standing Committees

67/15

RESOLVED on the motion of Crs Allen and Seckold

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

9.1

Bega Valley Shire Council Library Service Strategic Plan

68/15

RESOLVED on the motion of Crs Taylor and Mawhinney

That Council note the Library Service Review and Strategic Plan, which will be implemented over the next three years.

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

Against:                  Nil

Absent:                    Cr Tapscott

9.2

Community Engagement and Communications Toolkit

69/15

RESOLVED on the motion of Crs Mawhinney and McBain

That the Community Engagement and Communications Toolkit be adopted by Council for implementation.

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

Against:                  Nil

Absent:                    Cr Tapscott

9.3

Expiring Pool Management Contracts

Pecuniary Interest

Cr Ann Mawhinney declared a pecuniary regarding Item 9.3 Expiring Pool Management Contracts,  on the basis that a member of her family may be affected by the outcome.  Cr Mawhinney departed the meeting room, taking no part in debate or voting on this item.

02:14 pm       Cr Mawhinney left the meeting.

70/15

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.         That officers work with the existing contractors to refine some elements of the current contracts to provide greater flexibility and accountability.

2.         That the General Manger be authorised to negotiate and execute appropriate documentation for a two year extension (two seasons) of the current pool contractors at Cobargo, Bega and Candelo pools.

3.         That officers brief Council on the revised draft contract specification.

4.         That a strategic plan be developed and presented to Council for adoption at least six months prior to the end of the extension period.

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

Against:                  Nil

Absent:                    Crs Tapscott and Mawhinney

8.1

Draft Clean Air Procedure

71/15

RESOLVED on the motion of Crs Britten and McBain

1.      That the draft Clean Air Procedure be exhibited for public comment for 28 days prior to formal adoption by Council.

2.      Prior to exhibition the draft procedure be:

a)      Reviewed by Council’s Communications Team to ensure consistency with Council’s style guide.

b)     Amended to clarify when approval is not required from Council and intent as to the impact on neighbouring residential premises.

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

Against:                  Nil

Absent:                    Cr Tapscott

8.2

Amendments to Development Control Plan 2013 regarding commercial car parking provisions

72/15

RESOLVED on the motion of Crs Taylor and McBain

1.         That Council place the proposed amendments to Development Control Plan 2013 on public exhibition for a period of 28 days including a minor wording change to section 5.9.2.4.

2.         That a further report be submitted to Council for consideration at the completion of the public exhibition period, including advice on the newly drafted Section 5.9.2.4.

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

Against:                  Nil

Absent:                    Cr Tapscott

8.3

Educational Establishment and Reception Establishment, Newtown Road, Bega - Proposed Modification to

Condition No. 3

Cr Britten noted that a request to address Council on this matter had been received from Mr Pearson and asked if any new matters would be raised.  The Group Manager Planning and Environment advised that the Mr Pearson has made submissions to the development application which had been dealt with in the report.

RESOLVED on the motion of Crs Britten and Seckold

That the matter to dealt with today.

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

Against:                  Cr McBain

Absent:                    Cr Tapscott

73/15

RESOLVED on the motion of Crs Allen and Seckold

That the Section 96 modification to modify Condition No. 3 of Development Consent No. 2009.0004 being for an Educational Establishment and Reception Centre at Lot 2 DP 1083308, 187-189 Newtown Road, Bega be approved subject to the following:

1.         Condition 3.

             a)   The hours of operation are to be:

· Monday to Friday                                                           7.00am – 6.00pm
with the exception of one day                           7.00am – 12.00 midnight

· Saturday                                                                             8.00am – 12.00 midnight

· Sunday                                                                                No trading

Subject to:

· The noise control measures recommended in the Noise Impact Assessment Report for Thornleigh on Newtown, Newtown Road, Bega prepared by Benbow Environmental Report No. 121051-Rep-Final-Ver 2 February 2013 being implemented, including –

· The existing on-site car parking area shall be closed from 6.00pm onwards other than for the use of the disabled parking space.

· Patrons accessing and exiting the building from the front

· Upgrading of the window glazing

· PA system not being used between 6.00pm and 7.00am.

  b)   Notwithstanding a) above, for a 12 month trial period the following additional operating hours will apply.

·        Monday to Friday                                            7.00am – 12.00 midnight

·        Saturday, Sundayand Public Holidays      8.00am – 12.00 midnight

Subject to:

·   The existing onsite carparking area been closed on Sundays and Public Holidays other than for the use of the disabled parking space.

·   Before the end of the trial period provide Council with an attended noise monitoring validation report to confirm that the specified noise control measures are effective.

·   Provide a certificate of compliance for the installation of the kitchen extractor fan acoustic silencers within 3 months of the commencement of the trial period.

2.          That the applicant provide to the Council, at the end of the trial period, a summary of all days upon which the Educational Establishment and Reception Centre was open to the public after 6.00 pm.

3.         That all persons who made a submission be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Cr Tapscott

11.1

Sapphire Coast Sporting Car Club request to reinstate the Bega Valley Rally

74/15

RESOLVED on the motion of Crs Fitzpatrick and Britten

1.          That the organisers of the 2015 Bega Valley Rally be advised that Council supports the rally in principle.

2.         That Council support the road closures(as listed), on Sunday 7th June 2015 for the Bega Valley Rally subject to requirements set out by the local Traffic Committee

a)       Buckajo Road, Bega including the spectator point on private land

b)       Upper Cobargo Road, Bega

c)       The Snake Track

In favour:             Crs Taylor, Britten, McBain, Allen and Fitzpatrick

Against:                  Crs Hughes, Seckold and Mawhinney

Absent:                     Cr Tapscott

11.2

Waste Management Donations

75/15

RESOLVED on the motion of Crs Britten and McBain

1.         That Council resolves to provide financial assistance in the form of a Waste Management Donations Program to the Bega Valley community in accordance with Section 356 of the Local Government Act1993

2.         That Council authorise an annual budget of $30,000 drawn from the waste fund to finance the programme.

3.         That Council endorse the principles outlined in this report and the draft guidelines for the administration of the Program via the Waste Management Section of Council.

4.          That a  further report be presented to council after 12 months outlining the use of the budget allocation for the program.

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

Against:                  Nil

Absent:                    Cr Tapscott

11.3

Community representative selection for Bega Valley Shire Floodplain Risk Management Focus Group

76/15

RESOLVED on the motion of Crs Fitzpatrick and Hughes

1.         That Council approve and endorse Mr Tim Whittaker as the community representative on the Floodplain Risk Management Focus Group.

2.         That Council seek further expressions of interest for community representatives when the Bega and Brogo Rivers Floodplain Risk Management Study and Plan project commences in full.

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

Against:                  Nil

Absent:                    Cr Tapscott

11.4

Bega Valley Local Traffic Committee Meeting 4 March 2015

77/15

RESOLVED on the motion of Crs Britten and Mawhinney

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 4 March 2015 and approve the following:

Anzac Day March - Cobargo

1.         That the proposed traffic arrangements for the Cobargo RSL Sub Branch Anzac Day March on Saturday, 25 April 2015 be approved and deemed a Class 2 special event.

2.         That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Saturday, 25 April 2015 for the Cobargo RSL Sub Branch Anzac Day March, in accordance with Traffic Control Plan.

Merimbula Jazz Festival Street Parade - 6 June 2015

1.         That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10am and 11am on Saturday, 6 June 2015 for the Merimbula Jazz Festival Street Parade.

2.         That, subject to conditions, Beach Street, Merimbula between the intersections of Market Street and Alice Street be temporarily closed between 6am and 12pm on Saturday, 6 June 2015 for the Merimbula Jazz Festival Street Parade and performance.

3.         That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival Street Parade on Saturday, 6 June 2015, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

6.         That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

7.         That organisers have written Police approval prior to conducting the event.

Anzac Day March and Service – Candelo

1.         That the proposed traffic arrangements for the Candelo RSL Sub Branch Anzac Day March and Service on Saturday, 25 April 2015 be approved and deemed a Class 2 special event.

2.         That the section of William Street, Candelo between the intersections of Eden Street and Queen Street be temporarily closed on Saturday, 25 April 2015 for the Candelo RSL Sub Branch Anzac Day March and Service, in accordance with the Traffic Control Plan.

Merimbula 10km Fun Run and 5km Fun Run/Walk - 31 May 2015

1.         That, subject to conditions, sections of the following Council roads be temporarily closed from 8am to 12pm on Sunday, 31 May 2015 for the Merimbula Fun Run:

             a) One lane of Ocean Drive, Merimbula from Ford Oval to the Fishpen Road intersection;

             b) Fishpen Road, Merimbula between the Ocean Drive and Market Street intersections;

             c) One lane of Market Street, Merimbula between the Fishpen Road and Beach Street intersections;

             d) One lane of Beach Street, Merimbula between the Market Street and Main Street intersections;

             e) One lane of Main Street, Merimbula between the Beach Street and Lake Street intersections;

             f) Full closure of Lake Street, Merimbula between the Main Street intersection and the Merimbula Wharf.

2.         That the proposed traffic arrangements for the Merimbula Fun Run on Sunday, 25 May 2015, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the RMS Traffic Control Manual.

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

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

5.         That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

6.         That organisers have written Police approval prior to conducting the event.

Quaama Public School P&C Annual Walkathon - 26 March 2015

1.         That the Quaama Public School P&C Annual Walkathon along Warrigal Range Road, Brogo on 26 March 2015 be approved and deemed a Class 4 special event.

2.         That future events be held under a Class 2 Special Event and it be conducted under an approved Traffic Control Plan, in accordance with the RMS Traffic Control Manual

Installation of No Stopping Zone and One Way directional signs within the Unnamed Lane, Bermagui (Bermagui Woolworths)

1.         Council approves the installation of “No Stopping” zone along both sides of the unnamed lane, commencing at its intersection with Bunga Street and terminating at its intersection with Montague Street.

2.         Council approves the implementation of “One Way” traffic and associated signage from the intersection of the unnamed lane with Wallaga Street to its intersection with Montague Street.

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

Against:                  Nil

Absent:                    Cr Tapscott

12.1

Proposed Lease to Tathra Surf Lifesaving Club

78/15

RESOLVED on the motion of Crs Seckold and Taylor

1.         That Council, as Reserve Trust Manager of the Tathra Beach (R79310) Reserve authorise in-principle a three year lease with the Tathra Surf Lifesaving Club to formalise their occupation of the Tathra Beach Reserve at the Crown Lands’ statutory minimum annual rental fee.

2.         That the Mayor and General Manager be authorised to execute the necessary documents.

3.         That in accordance with the requirements of the Crown Lands Act, Council obtains Minister’s consent to the final lease.

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

Against:                  Nil

Absent:                    Cr Tapscott

12.2

Proposed sale of building at Merimbula Airport

The Group Manager Strategy and Business advised that due to information coming to hand he wished to withdraw the report to allow further investigations by staff.

12.3

Code of Conduct matter: Cr Allen

Non Pecuniary Interest

Cr Tony Allen declared a non-pecuniary interest regarding Item 12.3 Code of Conduct: Cr Allen,  on the basis that a he is the person mentioned in the report.

Cr Allen advised he would leave the room and that prior to departing he wished to make a Public Statement.

There was discussion on whether Cr Allen was able to make a statement at this time.

The General Manager advised the Code of Conduct outlined that a Councillor may make a statement if so resolved. 

A motion was moved by Crs Fitzpatrick and Seckold

That Cr Allen be allowed to make a public statement.

Non Pecuniary Interest

Cr Keith Hughes declared a non-pecuniary interest regarding Item 12.3 Code of Conduct: Cr Allen,  on the basis that he previously disclosed a potential perception of conflict of interest when the matter was first on the Agenda.  Cr Hughes noted that he would remain in meeting room, but take no part in debate or voting on this item.

A question was asked by Cr Taylor regarding the declarations of interest affecting the opportunity to address Council.

A question was asked by Cr Britten regarding the declarations of interest precluding those Councillors from voting on the motion to allow Council Allen to make a statement.

The General Manager advised that those declaring an interest would not be able to vote.

There was debate on the motion.

The motion was put to the vote and it was LOST

In favour:             Crs Seckold and Fitzpatrick

Against:                  Crs Taylor, Britten, McBain and Mawhinney

Abstained:             Crs Hughes and Allen

Absent:                    Cr Tapscott

02:54 pm       Cr Allen left the meeting.

Cr Fitzpatrick moved that Council reject the report from the Independent Reviewer and advise the Office of Local Government of its decision for the following reasons:

·         The reviewer failed to interview all people available who were present at the meeting

·         The review failed to ensure all details were available prior to issuing the report and has assumed a position without providing any evidence of such accusation

·         No details have been provided of parties interviewed apart from complainants and Cr Allen when other witnesses were available and readily offered to be interviewed.

·         As a result of this Cr Allen was denied natural justice.

Cr Britten moved a point of order that the motion was out of order, which was accepted by the Chair.

A motion was moved by Crs Taylor and Britten

That Council note this report and the reasons for the omission of the third finding from the independent reviewer’s report.

The motion was put the vote and it was CARRIED

79/15

RESOLVED on the motion of Crs Taylor and Britten

That Council note this report and the reasons for the omission of the third finding from the independent reviewer’s report.

In favour:             Crs Taylor, Britten, McBain and Mawhinney

Against:                  Crs Seckold and Fitzpatrick

Abstained:             Cr Hughes

Absent:                    Crs Tapscott and Allen

25

Code of Conduct Apology

Cr Allen stated:

“Mr Mayor there will be no apology.  This matter was resolved by Judge Colefax many moons ago in my favour.  I did nothing wrong.  The judgement has never been disturbed and it is worth noting that Judge Colefax’s findings were challenged at the High Court of Australia and that  appeal was dismissed literally in a matter of minutes.  I believe this recent investigation was a very flawed process on many counts, and has cost a lot of money from the ratepayers.  The most obvious flaw being the refusal to interview the two witnesses who were present when the phone call was made.  Unfortunately the integrity of those two people has now been challenged by this flawed report.  I reiterate to Council my statement to the General Manager that I will pursue this matter for as far and for as long as it takes to get justice, remembering that it has already been to the High Court of Australia.  Thank you Mr Mayor.

13.1

Community Strategic Plan - Half Year Review of 2014-15 Operational and Delivery Plan

80/15

RESOLVED on the motion of Crs Mawhinney and Allen

That Council receive and note the status update on the 2014-15 Operational Plan

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

Against:                  Nil

Absent:                    Cr Tapscott

13.2

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

81/15

RESOLVED on the motion of Crs Britten and Mawhinney

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, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr Tapscott

14.

Adoption of reports from Standing Committees

82/15

RESOLVED on the motion of Crs McBain and Taylor

That all motions recorded in the Standing Committees, including votes for and against and acknowledging declarations of interest already made, be adopted in and by the Ordinary Council Meeting including Item 25 which was moved to be dealt with earlier in the Agenda by resolution of Council and heard following Item 12.3.

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

Against:                  Nil

Absent:                    Cr Tapscott

15.1

South East Academy of Sport (SERAS) meeting 16 February 2015 – Cr Seckold

Council noted the report provided by Cr Seckold which was included in the Agenda for the Council Meeting 18 March 2015

19.1

Merimbula Board Walk – Cr McBain

Council noted the response to the Question on Notice from Councillor McBain on 4 February 2015, which was included in the Agenda for the Council Meeting 18 March 2015

19.2

Question On Notice - Circus Animals – Cr Hughes

Council noted the response to the Question on Notice from Councillor Hughes on 4 February 2015, which was included in the Agenda for the Council Meeting 18 March 2015

20.1

Unauthorised Use of land at Darcy Lane, Jellat – Cr Taylor

Cr Bill Taylor asked could Council be advised of the present situation in regard to the unauthorised operations on land at Darcy Lane, Jellat and that the advice include:

1.      A brief chronology of the matter since Council became aware of the unauthorised use.

2.      What action has been taken since the successful court action.

3.      What options are open to Council to uphold its planning responsibilities in relation to the use of that land.

The question was taken on notice by the Group Manager, Planning and Environment.

.20.2

Removal of Trees in Gipps Street Carpark – Cr Hughes

Cr Keith Hughes asked about responses to queries regarding the removal of trees in the Gipps Street Carpark opposite the bowling Club.

The General Manager advised that a statement had been provided to the Bega District News and that a comprehensive response was being prepared for those who had written to Council about the matter, copies of which would be provided to Councillors

20.3

Impact on Tourism of Air B&B

Cr Keith Hughes asked could staff advise if there has been any research into the impact, if any, on the tourism industry, in relation to Air BnB?

The question was taken on notice by the Group Manager Strategy and Business Services.

20.4

Green Waste disposal - options for no cost to residents – Cr Fitzpatrick

Cr Russell Fitzpatrick asked could a report be provided to Councillors on the impact and cost of allowing residents and ratepayers to take green waste/matter to the Merimbula Transfer station at no cost?

The question was taken on notice by the Acting Group Manager Transport and Utilities.

Adjournment Into Closed Session

83/15

RESOLVED on the motion of Crs Seckold and Mawhinney

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 (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

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 Taylor, Britten, McBain, Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr Tapscott

23.1

Merimbula Land: Redevelopment Options

84/15

RESOLVED on the motion of Crs Taylor and McBain

That Council adopt the resolution from the closed session

In favour:             Crs Taylor, Britten, McBain, Seckold, Mawhinney and Fitzpatrick

Against:                  Crs Hughes and Allen

Absent:                    Cr Tapscott

23.2

Merimbula Service Road

85/15

RESOLVED on the motion of Crs Taylor and McBain

That Council adopt the resolution from the closed session

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

Against:                  Nil

Absent:                    Cr Tapscott