1.

Confirmation of Minutes

101/15

RESOLVED on the motion of Crs Mawhinney and Tapscott

That the Minutes of the Ordinary Meeting and Closed Session held on 10 June 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

2.

Apologies

102/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That an apology from Crs Fitzpatrick be accepted for his inability to attend the meeting.

That the leave of absence from 11 June 2015 to 17 July 2015 requested by Cr Hughes be accepted.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

7.

Adjournment into Standing Committees

103/15

RESOLVED on the motion of Crs Taylor 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, McBain, Tapscott, Seckold, Mawhinney and Allen

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

9.1

Tender RFT38/15 for Supply and Installation of Playground Equipment at Ford Park, Merimbula and Bega Park, Bega

104/15

RESOLVED on the motion of Crs Britten and Mawhinney

1.        That the report be received and noted.

2.        Pursuant to Clause 178 (1)(b), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) Council declines to accept any tenders in relation to contract for works described in RFT38/15.

3.        Pursuant to Clause 178 (3)(e), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) Council enter into negotiations with Viva Recreation for the supply and installation of playground equipment at Bega Park and Ford Park.

4.        Pursuant to Clause 178 (4), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) the reasons for declining to invite fresh tenders are: 

a) The Viva Recreation tender demonstrated good understanding of the inclusiveness aspects of the playground design and when compared with the other tenders the tender demonstrated good value for money.

b) It is expected the best outcome will be reached with Viva Recreation that delivers the project objectives, particularly inclusiveness, and represents good value to Council; and

c) Calling fresh tenders would extend the time for commencement of the works.

5.        That authority be delegated to officers through the General Manager to negotiate with Viva Recreation to supply and install playground equipment at Ford Park, Merimbula and Bega Park, Bega to a value of $175,000 excluding GST and execute all necessary documentation.

6.        Councillors be notified of the outcome of the negotiations when finalised.

7.        That tenderers be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

10.1

Council's Draft Economic Development Strategy

105/15

RESOLVED on the motion of Crs Mawhinney and Tapscott

1.            That the Economic Development Strategy 2015 be placed on public exhibition for a period of 28 days.

2.            Should submissions be received, a report be brought back to Council for discussion. If no submissions be received the Economic Development Strategy 2015 becomes adopted as final.

3.            Once adopted, the current Economic Development Strategy 2010 and Business Growth Action Plan 2010 are rescinded. .

4.            Once adopted, the actions as reported in the Economic Development Strategy 2015 are incorporated into the adopted Delivery Plan and Operational Plan for 2016.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

11.1

NSW Boating Now - Funding Deed

106/15

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Council note and endorse acceptance of the Funding Deed and delegate execution of the Funding Deed by the General Manager.

2.         That the projects proceed in accordance the NSW Boating Now Funding Deed Terms and Conditions.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

11.2

Central Waste Facility Stage 2 – Tender 30/15

RESOLVED on the motion of Crs Britten and McBain

That Council accepts the tender evaluation recommendation as outlined in the confidential attachment.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

107/15

RESOLVED on the motion of Crs Britten and Seckold

1.         That Council accept the tender from Whelans Group Investments in relation to contract for the works described in Tender RFT 30/15, in the amount of $1,268,025.29 (including GST), subject to variations and provisional sums.

2.         That authority is delegated to the General Manager to execute all necessary documentation.

3.         That the other tenderers be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

11.3

Pambula Merimbula Golf Club - Effluent Reuse

108/15

RESOLVED on the motion of Crs McBain and Britten

1.            That Council approve the provision of $150K upper limited subsidy funding for renewal and expansion of the Pambula Merimbula Golf Club effluent irrigation system.

2.            That Council subsidy funding be provisional on the Pambula Merimbula Golf Club successfully attaining National Stronger Regions subsidy funding of $500K and Council being satisfied as to the standard of infrastructure provided.

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

Against:                  Cr Allen

Absent:                    Crs Hughes and Fitzpatrick

11.4

RFT 23/15 Imlay St Eden Demolition, Civil and Landscape Works

RESOLVED on the motion of Crs Tapscott and Seckold

Council accept the recommendations as outlined in the confidential attachment.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

109/15

RESOLVED on the motion of Crs Tapscott and Seckold

1.         Council accept the tender submission from Guideline Southcoast Pty Ltd in relation to the tender for RFT 23/15 Demolition, Road, Civil and Landscape Works, Imlay Street Eden in the amount of $1,395,550 (including GST), subject to variations, provisional sums and prime cost items.

2.         That authority is delegated to the General Manager to execute all necessary documentation.

3.         That other tenderers be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

12.1

Legislative Council Review Fit for the Future: Council submission

110/15

RESOLVED on the motion of Crs Britten and Seckold

That Council lodge a submission with the NSW Legislative Council’s General Purpose Standing Committee No. 6 on its inquiry into Local Government in New South Wales.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

12.2

Councillor and Mayoral Fees (Section 241 Local Government Act)

111/15

RESOLVED on the motion of Crs Taylor and Seckold

1.         That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2015 to 30 June 2016 will be $18,380

2.         That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2015 to 30 June 2016 will be $40,090.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

13.1

Financial Assistance Grants to Local Government

112/15

RESOLVED on the motion of Crs Mawhinney and Taylor

1.         That Council acknowledges the importance of federal funding through the Financial Assistance Grants program for the continued delivery of council services and infrastructure.

2.         That Council acknowledges that the Council has received $6,771,796 in 2014-2015 with a similar amount expected in 2015-16.

3.         That Council will ensure this federal funding, and other funding provided by the Federal Government under the relevant grant programs, is appropriately identified as Commonwealth grant funding in Council publications, including annual reports.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

13.2

Application for Financial Assistance - Twyford Hall Incorporated

113/15

RESOLVED on the motion of Crs McBain and Tapscott

That Council resolve to contribute $6,616.50 toward the electrical works associated with the upgrade of the kitchen at Twyford Hall, Merimbula.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

14.

Adoption of reports from Standing Committees

114/15

RESOLVED on the motion of Crs Mawhinney and Seckold

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.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

S.1

SERAS Council Report 18 May 2015

The report from Cr Seckold and presentation at the Public Forum by South East Regional Academy of Sport today was noted.

19.1

Women’s Refuges in the Bega Valley

The response from the Group Manager Community, Relations and Leisure to Cr Tapscott’s questions that formed part of the Agenda for the 1 July 2015 Council Meeting was noted.

19.2

Local Refugee Support

The response from the Group Manager Community, Relations and Leisure to Cr Hughes question that formed part of the Agenda for the 1 July 2015 Council Meeting was noted.

20.1

Question on Notice from 10 June 2015:  Cr Fitzpatrick- re  Code of Matter Cr Allen

Cr Bill Taylor asked about the Question on Notice from the meeting of 10 June 2015:  Cr Fitzpatrick – Code of Conduct matter re Cr Allen, response from the Office of Local Goverenment.

“Cr Russell Fitzpatrick asked could an update be provided to Councillors on whether advice had been received from the Office of Local Government regarding the referral to that office on matters regarding the Code of Conduct Complaint and request for apology from Cr Allen.

The question was taken on notice by the General Manager.”

Cr Taylor asked why a response did not appear in the business paper for this meeting of 1 July, 2015

The General Manager responded that she was awaiting advice from the Office of Local Government (OLG) that has yet to be received.

Cr Taylor further asked has any indication been received from the Office of Local Government on why a resolution of Bega Valley Shire Council has been affectively annulled by the decision of the OLG as outlined in their confidential letter to the General Manager received prior to the 10 June 2015 meeting.

The General Manager responded that nothing had been received from the OLG in response to letter to them following the meeting of 10 June 2015.

Adjournment Into Closed Session

115/15

RESOLVED on the motion of Crs Taylor and Seckold

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.

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) the report contains personnel matters concerning particular individuals and (b) the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

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 (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, Tapscott, Seckold, Mawhinney and Allen

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

23.1

Acquisition of land for Merimbula bypass road

116/15

RESOLVED on the motion of Crs Allen and Mawhinney

1.            Further to the Council’s resolution on 20 May 2015 and in light of the Office of Local Government’s correspondence dated 16 June 2015, that Council make application to the Minister and the Governor for the approval to acquire the said land, being that land now identified as Lot 1112 in DP 1210253, being 51.80m2, by compulsory process, for the purposes of a public road, under s186(1) of the Local Government Act 1993.

3.         That Council declassify all reports on this matter.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

23.2

Application for Financial Assistance - Cemetery Fees

117/15

RESOLVED on the motion of Crs Allen and Mawhinney

That Council adopt the resolution of the closed session meeting.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick

23.3

Bega Lands Proposal

118/15

RESOLVED on the motion of Crs Allen and Mawhinney

That Council adopt the resolution of the closed session meeting.

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

Against:                  Nil

Absent:                    Crs Hughes and Fitzpatrick