1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

221/15

RESOLVED on the motion of Crs Taylor and Seckold

That the Minutes of the Ordinary Meeting and Closed Session held on 23 September 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

4.1

Denis Lea and Anthony Taylor - DA 2013.0373 Lot 2 DP 582074 Thompson Drive Tathra.   Report No 8.1 33 lot subdivision - Tathra River Estate, Thompson Drive Tathra

Mr Anthony Taylor and Mr Denis Lea requested to address Council and the request was included in the Agenda.  Mr Taylor advised he would present on behalf of himself and Mr Lea.

Mr Taylor addressed Council and responded to questions from Councillors.

RESOLVED on the motion of Crs Fitzpatrick and Allen

That an extension of two minutes be allowed for Mr Taylor to complete his address.

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

Against:                  Nil

Suspension of Standing Orders

222/15

RESOLVED on the motion of Cr Fitzpatrick and Mawhinney

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

Planning and Environment Report No 8.1 33 lot subdivision - Tathra River Estate, Thompson Drive Tathra (  DA 2013.0373 Lot 2 DP 582074 Thompson Drive Tathra)

·         Mr Pat Campbell

·         Mr David Neyle

Planning and Environment Report No 8.2 Regularisation of unauthorised additions to attached dual occupancy, 2 Coraki Drive, Pambula Beach

·         Mr Rob Pointon and Ms Sally Pike (applicant)

Planning and Environment Report No 8.5. DA No. 2015.324:   Construction of self-storage units - Old Wallagoot Road, Kalaru

·         Mr Sean McCambridge on behalf of himself and a neighbour -authority supplied from Mr Allan Watson

Planning and Environment Report 8.7. DA No. 2014.346: Establishment of Weekly Markets for up to 40 stallholders - Littleton Gardens, Bega  

·         Mr John Champagne -on behalf of the Sapphire Coast Producers Association (SCPA) – authority supplied.

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

Against:                  Nil

Mr Campbell, Mr Neyle, Ms Pike, Mr McCambridge and Mr Champagne addressed Council and responded to questions from Councillors.

Mr Neyle declared a Non-Pecuniary conflict of interest on the basis he is an officer of Bega Valley Shire Council and noted he had not consulted with planning staff regarding this matter.

RESOLVED on the motion of Crs Fitzpatrick and Mawhinney

That Ms Pike be granted an extension of time to complete her address.

The Mayor thanked the addressers for their presentations.

7.

Adjournment into Standing Committees

223/15

RESOLVED on the motion of Crs McBain and Mawhinney

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, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

8.1

 33 lot subdivision - Tathra River Estate, Thompson Drive Tathra

As this matter was subject to an address by deputation the Chairperson asked the Group Manager Planning and Environment if any new matter had been raised.

The Group Manager Planning and Environment advised that from a staff point of view there would be no need to provide another report.

224/15

RESOLVED on the motion of Crs Britten and Mawhinney

That the matter be deferred for further report to Council to include the following matters:

·           Provision of water supply

·           Underground electricity supply

·           Stand-alone electricity supply

·           Visual impact of water tanks

·           Status of Fire Trails

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

Against:                  Nil

8.2

Regularisation of unauthorised additions to attached dual occupancy, 2 Coraki Drive, Pambula Beach

As this matter was subject to an address by deputation the Chairperson asked the Group Manager Planning and Environment if any new matter had been raised.

The Group Manager advised he was of the opinion that the report dealt with all matters however he understood that Councillors may wish to conduct a site visit.

225/15

RESOLVED on the motion of Crs McBain and Mawhinney

That the matter be deferred for a site inspection by Councillors and suitable staff and for further report to Council.

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

Against:                  Nil

8.3

Section 96 application to modify condition 5 - Alterations and additions to entertainment establishment - Four Winds Barraga Bay

The Acting General Manager requested the Manager Planning Services to provide clarification to the Council.

A motion was moved by Cr Britten and Cr Mawhinney

That the Section 96(2) Application to modify condition 5 of DA No 2012.393 be determined in the following manner;

That condition 5 be modified to read;

‘The applicant shall provide a 4m wide two coat bitumen seal of the formed access approved under DA 2011.228. The first 200metres from the intersection with Four Winds Road shall be sealed prior to any event occurring and the remainder of the access prior to 2018. ‘

Cr Fitzpatrick foreshadowed a motion

That Council refuse the Section 96(2) Application to Modify Condition 5 of DA No 2012.393 for the following reasons:

The condition was imposed to address the existing amenity for the adjoining residents and protection of the environment.

The motion was put to the vote and it was CARRIED

226/15

RESOLVED on the motion of Crs Britten and Mawhinney

That the Section 96(2) Application to modify condition 5 of DA No 2012.393 be determined in the following manner;

That condition 5 be modified to read;

‘The applicant shall provide a 4m wide two coat bitumen seal of the formed access approved under DA 2011.228. The first 200metres from the intersection with Four Winds Road shall be sealed prior to any event occurring and the remainder of the access prior to 2018. ‘

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

Against:                  Crs Hughes, Allen and Fitzpatrick

8.4

Companion Animals Control Procedure

227/15

RESOLVED on the motion of Crs Britten and McBain

1.         That the Draft Companion Animal Control Areas Procedure 3.06.6 be advertised and placed on a 28 day public exhibition period.

2.         That a further report be presented to Council following the exhibition period.

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

Against:                  Nil

8.5

Construction of self-storage units - Old Wallagoot Road, Kalaru

As this matter was subject to an address by deputation the Chairperson asked the Group Manager Planning and Environment if any new matter had been raised.  The Group Manager advised the matters raised had been fully and comprehensively dealt within the report.

A motion was moved by Cr McBain and Cr Seckold

That the matter be deferred for further report to Council, including possible reasons for refusal.

A motion was foreshadowed by Crs Britten 

That the matter be heard as no new matters had been raised in the addresses to Council, with conditions regarding the operating hours to be altered to be reduced to 6.00 am to 7.00 pm.

The motion was put to the vote and it was CARRIED

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

Against:                  Cr Britten

228/15

RESOLVED on the motion of Crs McBain and Seckold

That the matter be deferred for further report to Council, including reasons for refusal.

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

Against:                  Cr Britten

8.6

Draft Voluntary Planning Agreement Variation Deed - Service Road, Merimbula

229/15

RESOLVED on the motion of Crs McBain and Fitzpatrick

1.         That the Mayor and General Manager be authorised to execute the draft Voluntary Planning Agreement Variation Deed.

2.         That the Minister for Planning be advised of the variation to the Voluntary Planning Agreement.

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

Against:                  Cr Hughes

8.7

Establishment of Weekly Markets for up to 40 stallholders - Littleton Gardens, Bega

As this matter was subject to an address by deputation the Chairperson asked the Group Manager Planning and Environment if any new matter had been raised.

The Manager Planning Services advised no new matters raised, noting some ambiguity exists regarding the requirements of Sapphire Coast Producers Association for stall holders to be local producers.

A motion was moved by Cr Britten and Mawhinney

That the matter be deferred for further report to Council, including more detailed explanation of conditions of consent, including precise terms and conditions for operating the markets, and further to receive a draft licence agreement that the applicant would be expected to comply with.

A motion was foreshadowed by Cs Fitzpatrick

That the matter be heard as no new matters had been raised in the addresses to Council.

A further motion was foreshadowed by Cr McBain

That Development Application No. 2014.346 for a weekly market maximum 30 stallholders at Zingel Place be refused in line with the recommendation of staff on 12 August 2015:

That Development Application No. 2014.346 being for a weekly market (40 stalls) at Lot 104 DP 1151462, Part Lots 10-13 DP 758076, Littleton Gardens, Bega be refused for the following reasons:

a.    The proposal would result in an unacceptable impact on the surface of the land and is not a compatible land use.

b.    The proposal would limit the opportunity for the land to be used for public recreation.

c.    The proposal would have an adverse economic impact on the existing retailers within the Bega Central Business District.

The motion was put to the vote and it was CARRIED

230/15

RESOLVED on the motion of Crs Britten and McBain

That the matter be deferred for further report to Council, including more detailed explanation of conditions of consent, including precise terms and conditions for operating the markets, and further to receive a draft licence agreement that the applicant would be expected to comply with.

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

Against:            Crs Hughes, Seckold, Allen and Fitzpatrick

9.1

NSW Public Libraries Conference 2015

231/15

RESOLVED on the motion of Crs Britten and Mawhinney

That Cr Allen, if available, attend the 2015 Public Libraries NSW Conference/AGM in conjunction with relevant officers and the necessary expenses are defrayed by the Council in keeping with its policy.

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

Against:                  Nil

9.2

RFT59/15 Construction of Timber Footbridges and Gravel Pathways, Lake Curalo, Eden

RESOLVED on the motion of Crs McBain and Fitzpatrick

That the report be received and noted and the recommendation from the confidential memorandum be accepted.

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

Against:                  Nil

232/15

RESOLVED on the motion of Crs Fitzpatrick and Britten

1.             That pursuant to Clause 178 (1)(b), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) Council declines to accept tenders in relation to works described in schedule A (bridges) of tender RFT59/15.

2.             That pursuant to Clause 178 (3)(e), of the Local Government (General) Regulation 2005 (Acceptance of Tenders), Council enter into negotiations with GDB Earthworks & Landscaping Pty Ltd  for the construction of bridge works as described in schedule A of tender RFT59/15.

3.             That 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) GDB Earthworks & Landscaping Pty Ltd demonstrated to have the skills and resources to undertake the bridge construction. 

b) Calling fresh tenders would unreasonably delay the commencement of works.

4.             That Council authorise the General Manager through officers to negotiate with GDB Earthworks & Landscaping Pty Ltd to a fair value for the bridge works component of the project and execute all necessary documentation.

5.             That Councillors be notified of the outcome of the negotiations when finalised.

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

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

Against:                  Nil

9.3

RFT 64/15 - Conversion of building to library facility at Tura Beach

233/15

RESOLVED on the motion of Crs Fitzpatrick and McBain

That the matter be dealt with in Closed Session

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

Against:                  Crs Taylor, Hughes and Allen

11.1

Formalisation of road name: Virginia Drive, Bega   

234/15

RESOLVED on the motion of Crs Tapscott and Taylor

1.      That Council approve the proposal to name the unnamed road located adjacent to the new hospital site and adjoining Tathra Road Bega, at the roundabout as Virginia Drive.

2.      That Council advertise the proposed name in the local media inviting submissions to the proposal.

3.      That if no objections are received within the submission period, staff proceeds with the road naming proposal without subsequent referral to Council.

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

Against:                  Nil

11.2

Formalisation of road name: Robin Close, Merimbula

Pecuniary Interest

Cr Britten declared a pecuniary regarding Item 11.2 - Formalisation of road name: Robin Close, Merimbula  on the basis that he is one of the applicants. Cr Britten departed the meeting room, taking no part in debate or voting on this item.

04:05 pm     Cr Britten left the meeting.

235/15

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Council approve the proposal to name the unnamed road located off Lakewood Drive in Merimbula as Robin Close.

2.         That Council advertise the proposed name in the local media inviting submissions to the proposal.

3.         That if no objections are received within the submission period, staff proceeds with the road naming proposal without subsequent referral to Council.

4.         That authority be given for Council staff to commence a public consultation process calling for new names to be used for future road naming throughout the Shire, based on the following thematic categories:

· Local Aboriginal heritage;

· Early explorers, pioneers, settlers and historical figures;

· Natural environment, marine, flora or fauna.

With all names suggested by the public to be presented to Council for approval and inclusion in a pre-approved road naming list.

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

Against:                  Nil

Absent:                    Cr Britten

04:06 pm       Cr Britten returned to the meeting.

11.3

Off-road bike path options for Tathra to Kalaru and Kalaru to Bega.

236/15

RESOLVED on the motion of Crs Taylor and Seckold

1.         That Council note the funding grant application for the planning and design of a cycle routes in Bermagui, Merimbula, Tathra and Bega.

2.         That Council consider a $40,000.00 matching contribution if the grant application is successful, as part of its 2016/2017 budget considerations.

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

Against:                  Nil

11.4

Request by Bermagui Mens Shed for long term lease of old Bermagui landfill site.

237/15

RESOLVED on the motion of Crs Allen and Seckold

1.         That Council procure consultancy services to develop a remediation plan for a portion of the old Bermagui Landfill site.

2.         That a further report be prepared for Council on the potential cost of remediation works proposed.

3.         That Council write to the Bermagui Men’s Shed indicating a commitment to the development of a remediation plan, with a decision on whether to proceed with remediation based on an assessment of the likely cost of the works.

4.         That Council advise the Bermagui Men’s shed the likely timeframe for the detailed investigation, consultancy report and decision on whether to proceed will be of the order of 12 months.

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

Against:                  Nil

11.5

Water Trunk Mains Cleaning Services

The Acting General Manager withdrew the report.

12.1

Major projects quarterly update

238/15

RESOLVED on the motion of Crs Tapscott and McBain

That Council note the fourth major projects update report.

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

Against:                  Nil

12.2

Actions from resolutions of Council - Status Report

239/15

RESOLVED on the motion of Crs Seckold and McBain

That Council note the status report on actions from Council’s resolutions for the period 1 July 2015 to 30 September 2015

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

Against:                  Nil

12.3

Internal Audit Committee Yearly Review 2014/15

240/15

RESOLVED on the motion of Crs Taylor and Britten

That Council notes the activities of the Internal Audit Committee during the period 2014-2015.

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

Against:                  Nil

13.1

Local Government Grants Commission - financial assistance grants 2015-16

241/15

RESOLVED on the motion of Crs Mawhinney and McBain

1.         That Council note the approved Financial Assistance Grant in two parts for 2015-16.

2.         That Council make a submission to the NSW Local Government Grants Commission relating to the 2016-17 grants to present information on the financial impact of inherent expenditure disabilities beyond its control that are not generally recognised in the current methodology.

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

Against:                  Nil

13.2

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

A motion was moved by Tapscott and Seckold

242/15

RESOLVED on the motion of Crs Tapscott and Taylor

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, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

14.

Adoption of reports from Standing Committees

243/15

RESOLVED on the motion of Crs Mawhinney and McBain

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 apart from Item 9.3 deferred to the Closed Session

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

Against:                  Nil

15.1

Cr Britten:  2015 LGNSW Water Management Conference

The report by Councillor Britten included in the Agenda for the 14 October 2015 meeting was noted.

19.1

Off-road bike path options for Tathra to Kalaru and Kalaru to Bega

The response to the question from Cr Seckold that was included in the Agenda for the meeting of 14 October, 2015, was noted.

20.1

Cr Fitzpatrick - Income and Costs associated with the licencing of outdoor seating for eating establishment.

Cr Russell Fitzpatrick ask asked a question regarding the recent decision by Eurobodalla Shire Council to regarding fees and charges for outdoor seating for eating establishments.

He asked could Councillors be provided with information on the cost to collect the fees and police the licencing of outdoor seating, compared to the income received.

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

20.2

Cr Hughes - Query regarding distribution of additional waste vouchers

Cr Keith Hughes asked if those ratepayers who have paid their rates in full would receive the additional waste vouchers to be provided, as resolved by Council on 23 September 2015, noting that the vouchers were to be mailed out with the second rate instalment notice?

The Group Manager Strategy and Business Services advised the vouchers would be provided to all ratepayers.

Adjournment Into Closed Session

244/15

RESOLVED on the motion of Crs Mawhinney and Fitzpatrick

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

         9.3     RFT 64/15 - Conversion of building to library facility at Tura Beach

On the basis that the report contains:

(c)       information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

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, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

23.1

RFT 64/15 - Conversion of building to library facility at Tura Beach - Item 9.3 deferred from the Ordinary Meeting

RESOLVED on the motion of Crs McBain and Taylor

1.         That Council receive and note the report;

2.         That Council confirm its intention to relocate the Merimbula Library service to the facility at Tura Beach;

3.         That Council accepts recommendations as outlined in the confidential attachment as outlined below:

4.         That Council declines to accept any tenders in relation to contract for works as described in RFT64/15 as no tender received fully complied with the requirements of the tender documents nor offered acceptable value for this project.

5.         That Council not invite fresh tenders as this would unlikely yield a better result given the uncertainties and construction risk associated with this project.

6.         That Council enter into negotiations with (insert name) to undertake the conversion works for the new Library at Tura Beach, as this will provide Council with the most direct and cost effective project delivery.

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

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

Against:                  Crs Allen and Fitzpatrick

245/15

RESOLVED on the motion of Crs McBain and Taylor

1.         That Council declines to accept any tenders in relation to contract for works as described in RFT64/15 as no tender received fully complied with the requirements of the tender documents nor offered acceptable value for this project.

2.         That Council not invite fresh tenders as this would unlikely yield a better result given the uncertainties and construction risk associated with this project.

3.         That Council enter into negotiations with Edwards Construction  to undertake the conversion works for the new Library at Tura Beach, as this will provide Council with the most direct and cost effective project delivery.

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

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

Against:                  Crs Allen and Fitzpatrick