Extraordinary Meeting Minutes

1.

Apologies

246/15

RESOLVED on the motion of Crs McBain and Seckold

That the apology and request for leave of absence from Cr Mawhinney be accepted.

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

Against:                  Nil

Absent:                    Cr Mawhinney

3.1

Fit for the Future

A motion was moved by Cr Allen

1.    That the Office of Local Government provide funding for an independent assessment of the financial implications of this proposed voluntary merger, especially for the Bega Valley Shire residents, and also of any community benefits and opportunities or otherwise of this proposed voluntary merger.

2.    That the terms of reference be determined by each Council.

A motion was moved by Cr Tapscott and seconded by Cr McBain

That Council endorse the General Manager to complete the Fit for the Future template merger option and that Bega Valley Shire Council agree to enter into a voluntary merger with Bombala Council subject to the following terms and conditions:

1.         That Bombala Council resolve to enter into a voluntary merger with Bega Valley Shire Council on the same terms and conditions at are set out within this motion.

2.         That Bega Valley Shire Council (merged with Bombala Council) retain all the status of a stand-alone, fit for the future Council, and with all the benefits available to a Council of that status.

3.         That upon the State Government of NSW consenting to the merger and accepting the terms and conditions of this resolution , Bombala Council be merged into and form part of the Bega Valley Shire Council and from that time until 30 June 2016 :

a)        the General Manager of the Bega Valley Shire Council shall assume control and responsibility for the operations of the Bombala Council and complete the merger with the Bega Valley Shire Council

b)        the seven (7) Councillors of Bombala Council shall be appointed  to a section 355 committee of Bega Valley Shire Council with such continuing remuneration and benefits  as they received prior to the merger, and

c)         that committee shall until 30 June 2016 meet as required and advise the Bega Valley Shire Council on all relevant matters that arise concerning the former Bombala Council pertaining to the administration of that Shire and overseeing implementation of the currently adopted Bombala Council, Delivery Plan, Operational Plan and Budget; and the transition process to establish the new entity, and

d)        on or before the 30 June 2016 the merger of the Bombala Council with the Bega Valley Shire Council shall be completed and the Bombala Council section 355 committee of the Bega Valley Shire Council shall from the 1 July 2016 continue as a committee of the Bega Valley Shire Council.

4.         That the funds offered by the NSW Government for funding of councils and communities through the Merger Implementation Grant of  $5m  and Stronger Communities Fund of $5 million available for proceeding to a voluntary merger of two councils be paid to the Bega Valley Shire Council.  The Stronger Communities Fund be distributed across the two Councils with a minimum of $1 million committed to the Bombala Council area.

5.         That the assets and funds of both Councils, as at the date of the merger be retained  and committed for the benefit of each Shire separately, and

6.         That further funding detailed in the following schedule be committed to and made available to the Bega Valley Shire Council with due diligence by the NSW State Government to ensure the voluntary merger results in a fit and economically viable Council for the benefit of the residents and ratepayers of both Shires as they merge into the Bega Valley Shire Council.

Funding Commitment:

Commitment from State Government to the upgrade of Mt Darragh Road of $22 million which includes realignment and upgrade of the Six Mile Bridge with the RMS upgrading the Princes Highway intersection at a cost of approximately $500,000.

State Government commitment to underwrite the Bombala sewer project subject of National Stronger Regions Funding (NSRF) Grant total value $3.7m NSRF application, expected State contribution $1.7m

Commitment of funding for the following key projects in the Bombala area

·    Provision of Potable water system to Delegate $750,000

·    Bombala weir height increase $1.5 million

·    Critical Bridge works - $4.8 million

·    Continuation of an annual Country Roads funding allocation of at least $1.4 million

Critical economic driver commitment:

Commitment from State Government to formalisation and development of Imlay Road as a State road developed to service and grow the potential of Eden Port and commit to the promotion and expansion of use of the multi-purpose wharf facility in the southern part of the Port of Eden Harbour.

7.          Should Bombala Council or the NSW State Government not consent to all or any of these terms and conditions as part of a voluntary merger, then Bega Valley Shire Council retain its stand-alone position.

The Mayor ruled that Cr Tapscott’s motion be accepted and that Cr Allen’s motion be considered a foreshadowed motion.

RESOLVED on the motion of Crs Taylor and Seckold

That Standing Orders be suspended to allow discussion on the Fit for the Future Item

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

Against:                  Nil

Absent:                     Cr Mawhinney

An amendment was moved by Cr Hughes.

That a condition be added that the Government owned corporation NSW State Forests be required to pay rates on forestry land.

The amendment lapsed for want of a seconder.

An amendment was moved by Cr McBain

That the Office of Local Government provide funding for an independent assessment  any community benefits and opportunities provided by this voluntary merger.

The mover and seconder accepted the amendment.

2.43 pm

RESOLVED on the motion of Crs McBain and Seckold

That the ordinary meeting be reconvened.

The motion was put to the voted and it was CARRIED

247/15

RESOLVED on the motion of Crs Tapscott and McBain

A motion was moved by Cr Tapscott and seconded by Cr McBain

That Council endorse the General Manager to complete the Fit for the Future template merger option and that Bega Valley Shire Council agree to enter into a voluntary merger with Bombala Council subject to the following terms and conditions:

1.         That Bombala Council resolve to enter into a voluntary merger with Bega Valley Shire Council on the same terms and conditions at are set out within this motion.

2.         That Bega Valley Shire Council (merged with Bombala Council retain all the status of a stand-alone, fit for the future Council, and with all the benefits available to a Council of that status.

3.         That upon the State Government of NSW consenting to the merger and accepting the terms and conditions of this resolution , Bombala Council be merged into and form part of the Bega Valley Shire Council and from that time until 30 June 2016 :

a)         the General Manager of the Bega Valley Shire Council shall assume control and responsibility for the operations of the Bombala Council and complete the merger with the Bega Valley Shire Council

b)        the seven (7) Councillors of Bombala Council shall be appointed  to a section 355 committee of Bega Valley Shire Council with such continuing remuneration and benefits  as they received prior to the merger, and

c)         that committee shall until 30 June 2016 meet as required and advise the Bega Valley Shire Council on all relevant matters that arise concerning the former Bombala Council pertaining to the administration of that Shire and overseeing implementation of the currently adopted Bombala Council, Delivery Plan, Operational Plan and Budget; and the transition process to establish the new entity, and

d)        on or before the 30 June 2016 the merger of the Bombala Council with the Bega Valley Shire Council shall be completed and the Bombala Council section 355 committee of the Bega Valley Shire Council shall from the 1 July 2016 continue as a committee of the Bega Valley Shire Council.

4.         That the funds offered by the NSW Government for funding of councils and communities through the Merger Implementation Grant of  $5m  and Stronger Communities Fund of $5 million available for proceeding to a voluntary merger of two councils be paid to the Bega Valley Shire Council.  The Stronger Communities Fund be distributed across the two Councils with a minimum of $1 million committed to the Bombala Council area.

5.         That the assets and funds of both Councils, as at the date of the merger be retained  and committed for the benefit of each Shire separately, and

6.         That further funding detailed in the following schedule be committed to and made available to the Bega Valley Shire Council with due diligence by the NSW State Government to ensure the voluntary merger results in a fit and economically viable Council for the benefit of the residents and ratepayers of both Shires as they merge into the Bega Valley Shire Council.

Funding Commitment:

Commitment from State Government to the upgrade of Mt Darragh Road of $22 million which includes realignment and upgrade of the Six Mile Bridge with the RMS upgrading the Princes Highway intersection at a cost of approximately $500,000.

State Government commitment to underwrite the Bombala sewer project subject of National Stronger Regions Funding (NSRF) Grant total value $3.7m NSRF application, expected State contribution $1.7m

Commitment of funding for the following key projects in the Bombala area

·    Provision of Potable water system to Delegate $750,000

·    Bombala weir height increase $1.5 million

·    Critical Bridge works - $4.8 million

·    Continuation of an annual Country Roads funding allocation of at least $1.4 million

Critical economic driver commitment:

Commitment from State Government to formalisation and development of Imlay Road as a State road developed to service and grow the potential of Eden Port and commit to the promotion and expansion of use of the multi-purpose wharf facility in the southern part of the Port of Eden Harbour.

7.          Should Bombala Council or the NSW State Government not consent to all or any of these terms and conditions as part of a voluntary merger, then Bega Valley Shire Council retain its stand-alone position.

8.         That the Office of Local Government provide funding for an independent assessment on any community benefits and opportunities provided by this voluntary merger.

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

Against:                  Crs Hughes, Allen and Fitzpatrick

Absent:                     Cr Mawhinney

A motion was moved by Cr Allen and seconded by Cr Fitzpatrick

1.    That the Office of Local Government provide funding for an independent assessment of the financial implications of this proposed voluntary merger, especially for the Bega Valley Shire residents, and also of any community benefits and opportunities or otherwise of this proposed voluntary merger.

2.    That the terms of reference be determined by each Council.

An amendment was proposed by Cr Britten

That the word especially be removed and replaced with “for the Bega Valley Shire and Bombala Council residents”

The mover and seconder accepted the amendment

The motion was put to the vote and it was CARRIED

248/15

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.    That the Office of Local Government provide funding for an independent assessment of the financial implications of this proposed voluntary merger,  for the Bega Valley Shire and Bombala Council residents, and also of any community benefits and opportunities or otherwise of this proposed voluntary merger.

2.    That the terms of reference be determined by each Council.

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

Against:                  Cr Taylor

Absent:                     Cr Mawhinney