1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

19/16

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 3 February 2016 as circulated, be taken as read and confirmed.

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

Against:                  Nil

7.

Adjournment into Standing Committees

20/16

RESOLVED on the motion of Crs Mawhinney and Tapscott

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

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

Against:                  Nil

8.1

Finalisation of Amendment to Local Environmental Plan 2013: Lot 210 DP 1181811 Cabarita Place, Merimbula

21/16

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.      That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 contained in this report.

2.      That, using the delegations issued by the Minister for Planning and Infrastructure, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

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

Against:                  Nil

9.1

International Women's Day 2016 Young Women's Scholarship

Non Pecuniary Interest

Cr Hughes declared a non pecuniary interest regarding Item 9.1, International Women’s Day 2016 Young Women’s Scholarship on the basis that Cr Hughes may know one or more of the applicants or their families.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register.

Cr Hughes remained in the meeting room, but took no part in debate or voting on this item.

RESOLVED on the motion of Crs Britten and McBain

1.      That Council note the report.

2.      That Council resolve on the recommendation as outlined in the Confidential Attachment.

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

Against:                               Nil

INTEREST: NO VOTE:          Cr Hughes

22/16

RESOLVED on the motion of Crs Britten and Seckold

1.      That Council award the $500 BVSC Young Women’s Scholarship as part of International Women’s Day 2016 to Jenny Walker.

2.      That officers advise all applicants of the outcome.

IN FAVOUR:                          Crs McBain, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

AGAINST:                              Nil

INTEREST: NO VOTE:         Cr Hughes

9.2

Evans Park, Kalaru

Non Pecuniary Interest

Cr Taylor declared a non pecuniary interest regarding Item 9.2, Evans Park, Kalaru on the basis that his brother is a member of the local committee.  A signed declaration form was tabled by Cr Taylor for inclusion in the Register.

Cr Taylor remained in the meeting room, but took no part in debate or voting on this item.

23/16

RESOLVED on the motion of Crs Britten and Seckold

1.      That the response to the Notice of Motion be noted.

2.      That Council encourage the Evans Park Committee and community to identify priority projects and submit these for future consideration through the Council’s Community Project Proposal Procedure process.

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

Against:                              Nil

INTEREST: NO VOTE:         Cr Taylor

10.1

Hotel Australasia Eden - Option to Purchase

A motion was moved by Crs Tapscott and Britten

1.      That Council approve the acquisition of Lot 14 DP 250841, Eden as per the terms of the Option to Purchase which was executed on September 7, 2015 between Bega Valley Shire Council and Great Southern Developments Pty Ltd for the purpose of retaining the heritage value to the community of Eden pursuant to Section 186 of the Local Government Act 1993.

2.      That Council give notice of its intention to classify the land as Operational Land under Section 34 of the Local Government Act 1993 upon acquisition.

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

4.      That in exercising the option to purchase Council acknowledges that it may have a funding commitment initially of up to $1m to purchase, secure the site and remediate the facade, subject to grant funding and community contribution.

5.      That Council continue to liaise with Eden’s Australasia Inc to realise the groups commitments toward the heritage restoration of the site.

6.      That Council receive a further report following completion of the purchase detailing the processes being undertaken towards restoring of the site.

A motion was foreshadowed by Cr Mawhinney

1.      That Council resolves to not proceed with the acquisition of Lot 14 DP 250841, Eden.

2.      That Council resolves to continue its support for the heritage restoration of the Hotel Australasia site in Eden through a willingness to consider proposals brought forward by the community and prospective developers.

The motion was put to the vote and it was CARRIED.

24/16

RESOLVED on the motion of Crs Tapscott and Britten

1.      That Council approve the acquisition of Lot 14 DP 250841, Eden as per the terms of the Option to Purchase which was executed on September 7, 2015 between Bega Valley Shire Council and Great Southern Developments Pty Ltd for the purpose of retaining the heritage value to the community of Eden pursuant to Section 186 of the Local Government Act 1993.

2.      That Council give notice of its intention to classify the land as Operational Land under Section 34 of the Local Government Act 1993 upon acquisition.

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

4.      That in exercising the option to purchase Council acknowledges that it may have a funding commitment initially of up to $1m to purchase, secure the site and remediate the facade, subject to grant funding and community contribution.

5.      That Council continue to liaise with Eden’s Australasia Inc to realise the groups commitments toward the heritage restoration of the site.

6.      That Council receive a further report following completion of the purchase detailing the processes being undertaken towards restoring of the site.

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

Against:                  Crs McBain, Mawhinney, Fitzpatrick and Allen

10.2

Update on status of proposed Economic Summit

25/16

RESOLVED on the motion of Crs Britten and Mawhinney

That Council note the current status and timeframes for holding the 2016 Economic Summit and Councillors wishing to be involved in the preparation for the summit advise the General Manager.

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

Against:                  Crs Fitzpatrick and Allen

10.3

RFT 80/15 Sale of Lot 946 and Lot 949 Main Street Merimbula, NSW

26/16

RESOLVED on the motion of Crs Britten and Taylor

1.      That RFT 80/15 be formally closed. Having been run in accordance with the Local Government Act and relevant Council policies, the process did not result in the sale of the lands offered due to there being zero tender submissions.

2.      That Council authorise the General Manager to further pursue the sale of Lot 946 and 949 Main St Merimbula in accordance with the Local Government Act, Council’s Land Acquisition Policy and observing the requirements of the ICAC guidelines regarding such matters.

3.      That should Council receive an offer to acquire Lot 946 and Lot 949 Main St Merimbula, a report be prepared for Council’s consideration. 

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

Against:                  Nil

11.1

RFT 81/15 - Design & Construction of CWF Leachate Treatment and Irrigation System

27/16

RESOLVED on the motion of Crs Allen and Tapscott

In accordance with clause 178 of the Local Government (General) Regulation it is recommended:

1.      That Council declines to accept any Tender and advises tenderers of the outcome.

2.      That Council cancels the proposal for the contract.

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

Against:                  Nil

11.2

NSW Container Deposit Scheme

28/16

RESOLVED on the motion of Crs McBain and Tapscott

1.      That Council supports a Container Deposit Scheme based on financial incentives and the returnable deposit is in line with the practices in South Australia and the Northern Territory.

2.      That Council supports a scheme where the material recovery facility is able to redeem deposits under the Container Deposit Scheme for containers collected in the kerbside system.

3.      That Council support a Container Deposit Scheme with a scope of containers which is harmonised with the South Australian scheme.

4.      That Council supports a Container Deposit Scheme that is universally available throughout NSW and effectively equalises the cost of transportation

5.      That Council support a scheme that is run by a single organisation directed by representatives from all relevant stakeholder groups including Local Government.

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

Against:                  Nil

11.3

Formalisation of road name: Oyster Track, Millingandi

29/16

RESOLVED on the motion of Crs Allen and Seckold

1.      That Council approve the proposal to name the unnamed road located off the Princes Highway at Millingandi, as Oyster Track.

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 proceed with the road naming proposal without subsequent referral to Council.

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

Against:                  Nil

11.4

Options Assessment and Design Development - Bemboka Water Treatment Plant

Pecuniary Interest

Cr Seckold declared a pecuniary interest regarding Item 11.4, Options Assessment and Design Development – Bemboka Water Treatment on the basis that her daughter and son-in-law’s business (MJM Environmental Pty Ltd) are one of the tenders.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register.

Cr Seckold departed the meeting room, taking no part in debate or voting on this item.

03:07 pm     Cr Seckold left the meeting.

RESOLVED on the motion of Crs Britten and Allen

1.          That Council accept the recommendations as outlined in the Confidential Attachment.

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

Against:                               Nil

INTEREST: NO VOTE           Cr Seckold

30/16

RESOLVED on the motion of Crs Britten and Allen

1.      That Council accept the tender submission from Hunter H2O in relation to Options Assessment and Design Development: Bemboka Water Treatment Plant as described in RFT 04/16, in the amount of $114,924 (inc. 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 McBain, Hughes, Tapscott, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                               Nil

INTEREST: NO VOTE           Cr Seckold

11.5

Bega Valley Local Traffic Committee - 3 February 2016

31/16

RESOLVED on the motion of Crs Allen and Taylor

That Council adopt the Traffic Committee recommendations as follows:

Merimbula Fun Run – 29 May 2016

1.         That, subject to conditions, sections of the following Council roads be temporarily closed from 8am to 12pm on Sunday 29 May 2016 for the Merimbula Fun Run:

a)     Full Closure of Ocean Drive, Merimbula from Ford Oval to Fishpen Road intersection;

b)     Full Closure of Fishpen Road, Merimbula between Ocean Drive and Market Street intersections;

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

d)     Full Closure of Beach Street, Merimbula between Market Street and Main Street intersections;

e)     Full Closure of Main Street, Merimbula between Cameron Street and Randolph  Street and Henwood and Lake Street intersections, and one lane closed between Randolf and Henwood Street;

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

2.         That the proposed traffic arrangements for the Merimbula Fun Run on Sunday 29 May 2016, 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.

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

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

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.

Convoy for Kids & Families Affected by Cancer- 5 March 2016

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

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

3.         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.

Bus Stop Extension, Auckland Street

1.         Council approves the relocation of the Auckland Street bus zone from its current location, to 18.8 metres south.

2.         Council approves the relocation of the 2 hour parking zone 18.0 metres to the north.

“No Stopping” sign – Pambula Interchange

1.         Council approve the installation of a “No Stopping” zone around the perimeter of the island encompassing the public toilet block at the Pambula Bus interchange, excluding the accessible parking area.

“No Stopping” sign – Lumen Christi

1.         Council approve the installation of a “No Stopping” zone 8:30am – 9:30am and 3:00pm –4:00pm school days, commencing at the southern point of the existing concrete dish drain at the southern end of the existing “Kiss and Drop” zone within Culgoa Crescent to  the southern point of the exit driveway of the bus lane, being a length of 52 metres.

Tathra Mountain Bike Enduro – 11 and 12 June 2016

1.         That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday 11 June and Sunday 12 June 2016 be approved.

2.         That the event 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.

3.         That the Traffic Control Plan is to reflect the following:

a)     All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

b)     Use of cycle track is not available for racing purposes, as it is set aside for casual users.

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 Roads and Maritime Services by name for the event.

7.         That organisers have written approval prior to conducting the event from the following:

a)     Roads and Maritime Services, for the use of classified roads

b)     NSW Police, under Section 40 of the Roads (Transport Safety & Traffic Management) Act

c)      National Parks and Wildlife Service

d)     Forests NSW

8.         That the event organisers advertise the change to traffic conditions for the event

9.         That local emergency services and transport operators be notified prior to the event

2016 Bemboka Triathlon – 19 March 2016

1.         That, subject to conditions, Hoskins Street and Sam Corner Road, Bemboka be temporarily closed between the intersections of Kameruka Street to the junction of Lookout Lane and temporary closure of Kameruka Street from intersection of Hoskins Street to 1st driveway east of the pool from 8:00am to 3:00pm on Saturday 19 March 2016 for the 2016 Bemboka Triathlon.

2.         That the proposed traffic arrangements involving the temporary closure of Hoskins Street, Sam Corner Road and Kameruka Street, Friends of Bemboka Pool 2016 Bemboka Triathlon on Saturday 19 March 2016, 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.

3.         That persons involved in the preparation and implementation of the Traffic Control Plan must 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.

7.         That the event achieves all conditions of Council’s issued Land Use approval.

EAT Merimbula – 13 March 2016

1.         That, subject to conditions, Fishpen Road, Merimbula from Burton Avenue to Calendo Court  be temporarily closed from 6:00am to 3:00pm on Sunday 13 March 2016 for EAT Merimbula.

2.         That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for EAT Merimbula on Sunday 13 March 2016, 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.

3.         That persons involved in the preparation and implementation of the Traffic Control Plan must 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.

7.         That the event achieves all conditions of Council’s issued Land Use approval.

8.         That notification of road closure be issued to affected residents.

Line Marking at West Street & Reservoir Street, Eden

1.         Council approve the installation of double white lines at the intersection of West Street and Reservoir Streets Eden for the minimum mandatory lengths.

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

Against:                  Nil

12.1

RFT 91/15 Provision of a Microwave Communication Network Solution

RESOLVED on the motion of Crs Taylor and Tapscott

That Council accept the recommendations outlined in the Confidential attachment.

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

Against:                  Nil

32/16

RESOLVED on the motion of Crs Taylor and Britten

1.      That Council accept the quotation from SAF Australia Pty Ltd in relation to RFT 91/15 Provision of a Microwave Communication Network Solution in the amount of $323,613.40 (including GST), subject to variations, provisional sums and prime cost items.

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

3.    That all companies submitting proposals be advised of Council’s decision

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

Against:                  Nil

12.2

Update Twyford Hall request for support

33/16

RESOLVED on the motion of Crs Taylor and Seckold

That Council note the report.

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

Against:                  Nil

12.3

National Stronger Region Fund - Merimbula Airport

34/16

RESOLVED on the motion of Crs Fitzpatrick and McBain

That Council support the submission of a National Stronger Regions Fund application for round three of the program for the Merimbula Regional Airport stages as outlined in the report with matching funding identified in the Long Term Financial Plan.

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

Against:                  Cr Hughes

13.1

New South Wales Treasury Corporation (TCorp) Approval of Loan Facilities

35/16

RESOLVED on the motion of Crs Fitzpatrick and Britten

1.      That Council resolve to accept the terms of the Letter of Offer from New South Wales Treasury Corporation for the provision of a loan of $11,420,000 which will be drawn down in the 2016 financial year.

2.      That Council authorise the General Manager to execute the loan agreement in accordance with the terms set out in the attached letter of offer.

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

Against:                  Nil

13.2

Quarterly Budget Review Statement (QBRS) at December 2015

36/16

RESOLVED on the motion of Crs McBain and Seckold

1.      That Council note the December 2015 Quarterly Budget Review Statement (QBRS).

2.      That Council adopt the variances, in this instance being revotes from the 2015 financial year, to its operating budget as outlined in the QBRS.

3.      That Council place the QBRS for December 2015 on its website for public information.

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

Against:                  Nil

13.3

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

37/16

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

Against:                  Nil

14.

Adoption of reports from Standing Committees

38/16

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

Against:                  Nil

15.1

Report from the Launch of the Capital Express by Singapore Airlines and Canberra Airport Freight Forum

The report provided in the Agenda for the meeting of 24 February 2016 was noted.

19.1

Social and Affordable Housing Fund

The report provided in the Agenda for the meeting of 24 February 2016 was noted. 

Cr Fitzpatrick asked a further question – Will a resolution of Council be needed to submit under the NSW Government Social and Affordable Housing Fund.

Mr Basford responded:

•       That interested parties will come back to a meeting with information regarding what they can offer.

•       There is no commitment that Council will be the lead submitter, but Council has agreed to facilitate and coordinate.

•       That the information has been released on a confidential basis to anyone registering.

•       That a number of criteria within the document may be difficult to meet.

•       That Council may not be best placed to meet some of the criteria.

•       That a meeting on 29 February will assist in understanding exactly what opportunities may be achievable.

•       The EOI process will be resource intensive, which may mean that if Council were to take this on other projects will need to be delayed.

Cr Britten asked if the housing needs to be provided in an ongoing capacity.

Mr Basford advised he was not able to comment in detail on some items regarding the projects due to the confidentiality of the information supplied to those who lodged registered.

20.1

Ford Park Completion

Cr Kristy McBain asked the Group Manager Community Relations and Leisure if he could provide Councillors with an update on when the Ford Park is due to be completed.  The Group Manager responded that the estimate is likely around the New South Wales and Victorian school holidays (which runs consecutively this year), in April.  Recent report back from the project manager indicated it is on track.

20.2

Wharf Closure update

Cr Kristy McBain asked the Group Manager Transport and Utilities for an update on wharf closures - who makes the decisions and why.  The General Manager advised the closure is actioned via the governance risk management response.

Risk Assessments for Tathra Wharf have been undertaken by two independent companies in the past.  The second report resulted in a number of procedures being put in place. There was a push for fencing and one of the procedures was a closure for identified strong sea conditions as identified by Surf Lifesaving NSW’s Dangerous Surf Advisory report.

A review has been planned to be undertaken, noting the same trigger’s used for Merimbula and Tathra Wharf, at the end of the current season.  People need to be aware that in the case of extreme weather or seas, there is a risk involved.

Cr McBain asked would the report come back to Council on the review.  The General Manager advised that a report would be prepared on the outcome of the review.

No confidential business.