1.

Apologies

99/16

RESOLVED on the motion of Crs McBain and Mawhinney

That an apology from Cr Britten and Cr Tapscott be accepted for their inability to attend the meeting and leave of absence be granted for:

Cr Britten from 18 May 2016 to 5 June 2016

Cr Tapscott from 18 May, 2016 to 30 May 2016

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

2.

Confirmation of Minutes

100/16

RESOLVED on the motion of Crs Mawhinney and McBain

That the Minutes of the Ordinary Meeting and Closed Session held on 27 April 2016 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

Suspension of Standing Orders

101/16

RESOLVED on the motion of Crs Taylor and Allen

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

Item 9.3.  Bega Memorial Clock Tower - Community Consultation

·         Mr Ross Ritchie

Item 17.2. Cr Keith Hughes Notice of Motion- Bega Valley - action re super trawlers.

·         Mr Sven Helland

·         Mr Greg McKay

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

Mr Ritchie addressed Council and responded to questions from Councillors.

Mr Helland addressed Council.

RESOLVED on the motion of Crs Hughes and Mawhinney to grant Mr Helland an extension of two minutes to complete his address.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

Mr Helland responded to questions from Councillors.

Mr McKay addressed Council.

RESOLVED on the motion of Crs Fitzpatrick and Taylor to grant Mr McKay an extension of two minutes to complete his address.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

Mr McKay responded to questions from Councillors.

The Deputy Mayor thanks them for their addresses.

7.

Adjournment into Standing Committees

102/16

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

8.1

Modification to 16 Lot Subdivision Lakewood Drive, Merimbula

103/16

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.         That the Section 96 Application to modify Conditions 16(a) and 16(b) of Development Consent 2002.955 for a residential subdivision at Lot 881 DP 1148672, Lakewood Drive, Merimbula be approved.

2.         That Condition No. 16(a) and 16(b) be modified to read as follows:

Roadworks

a)         design (full engineering design plans) and construction of the following roadwork in the extension of Lakewood Drive from the end of the existing construction to the western boundary of proposed lot 508:

·      150mm upright kerb and gutter along the southern side and layback kerb and gutter along the northern side, easing to a width of 9.0 metres between nominal kerb lines,

·      pavement design in accordance with a design ESA of 2x10⁶.

·      bitumen sealed road pavement extending for the full width between the kerbs and gutters,

·      suitable temporary vehicle turning facility at the western end of this road,

·      all associated stormwater and subsoil drainage works,

·      grassing of footways,

·      all other works necessary to achieve the above.

(Reason: To provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).

b)         design (full engineering design plans) and construction of the following roadwork in the proposed cul-de-sac from its intersection with the extension of Lakewood Drive to the head of the cul-de-sac:

·      150mm layback kerb and gutter along both sides with a width of 8.0 metres between nominal kerb lines,

·      pavement design in accordance with a design ESA of 6x10⁴.

·      bitumen sealed road pavement extending for the full width between the kerbs and gutters,

·      suitable vehicle turning facility at the northern end of this road,

·      all associated stormwater and subsoil drainage works,

·      grassing of footways,

·      erection of street name sign, and

·      all other works necessary to achieve the above.

(Reason: To provide an appropriate standard of access to the land and to accommodate the traffic likely to be generated by this development).

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

8.2

Modification to 4 Lot Subdivision, Lakewood Drive, Merimbula

104/16

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.         That the Section 96 application to modify Development Consent 2012.478 for a residential subdivision at Lot 881 DP 1148672, Lakewood Drive, Merimbula be approved.

2.         That Condition No. 18(i) be modified to read as follows:

i.           design (full engineering design plans) and construction of the following roadwork in the proposed extension of Lakewood Drive from the eastern boundary of lot 881 in DP 1148672 to the western boundary of proposed lot 3, (note the road width along the frontage of proposed lot 4 shall be maintained at 20 metres wide to satisfy the APZ requirements relating to Development Consent 2002.0955):

·      150mm layback kerb and gutter the frontage of proposed lot 4 transitioning to 150mm upright kerb and gutter along the remaining northern side to a point opposite the western boundary of proposed lot 3 to a width of 9.0 metres,

·      150mm upright kerb and gutter along the southern sire, easing to a width of 9.0 metres between nominal kerb lines,

·      bitumen sealed road pavement extending for the full width between the kerbs and gutters,

·      suitable vehicle turning facility at the western end of this road (12.5 metre radius),

·      all associated stormwater and subsoil drainage works,

·      grassing of footways,

·      all other works necessary to achieve the above.

3.         That the following additional condition be inserted into Development Consent 2012.478 and be numbered Condition No. 18A, to read as follows;

18A.    design and construction of an automatic sewer flushing tank, to provide regular flushing of silts, grit, and accumulated debris from the sewer pipeline between manholes AA1 and AA4 (as shown on Caddey, Searl and Jarman drawing No 69965). The flushing tank shall be situated upstream of manhole AA4. The design of the flushing tank shall provide a wave of sufficient volume and energy to remove all accumulated debris from the entire length of sewer pipeline between manholes AA1 and AA4 in a single flush. The flushing tank shall be controlled by a remotely activated, time controlled valve, and shall be operated daily by council. All costs associated with the installation, commissioning and operation of the remote control system shall be borne by the developer, noting that the tank and associated equipment remain the property of the developer.

Water supply to the tank shall be provided from the potable water supply. A water meter supplying the tank shall be located on the residue block of the development, and water consumed by the flushing operation shall be paid for by the developer, until such time as Council deems there are a sufficient number of dwellings connected upstream of the pipeline for self-cleansing velocity of flow in the sewer pipeline to be achieved.

A certificate shall be provided from a suitably qualified and experienced Chartered Professional Engineer (NPER registered) confirming that the works designed satisfy the specified performance criteria. This certified design shall be submitted to, and approved by Bega Valley Shire Council prior to installation. A second certificate shall be provided from the same engineer, confirming that the works have been installed in accordance with the design.

(Reason: to provide cleansing of a sewer pipeline constructed on a flat gradient, which allows for the settlement of solids)

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

9.1

Youth Engagement Review

105/16

RESOLVED on the motion of Crs Mawhinney and Taylor

1.         That Council note the Youth Engagement Review.

2.         That Council adopt the Youth VOICE and Youth ACTION initiatives as outlined in this report and the Youth Engagement Review.

3.         That Council cease operating a Youth Council.

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

Against:                  Cr Seckold

Absent:                    Crs Tapscott and Britten

9.2

Bega Valley Regional Gallery Strategic Plan

106/16

RESOLVED on the motion of Crs Fitzpatrick and Mawhinney

That Council note the Bega Valley Regional Gallery Strategic Plan 2016-2020.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

9.3

Bega Memorial Clock Tower - Community Consultation

As this matter was subject to an address by deputation the Chairperson asked the Group Manager Community Relations and Leisure if any new matters had been raised.

The Director Community Relations and Leisure advised that in his opinion no new matters had been raised.

RESOLVED on the motion of Crs McBain and Allen

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

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

A motion was moved by Cr Allen and Fitzpatrick

1.         That Council note the outcomes of the community consultation process.

2.         That Council defer the implementation of its resolution of 3 February 2016, regarding the re-location of the Bega Memorial Clock Tower, pending the development of engineering design plans for the installation of traffic signals at the Carp and Gipps Street intersection.

3.          That Council receive an engineer’s report to confirm that the clock tower could be moved to another location in its present construction.

An amendment was moved by Cr Taylor and seconded by Cr Mawhinney that a fourth point be added to the motion:

4.    That in the interim the clock mechanism be repaired to working order.

A motion was foreshadowed by Cr Hughes and seconded by Cr Seckold:

1.    That Council note the outcomes of the community consultation process.

2.    That Council rescind its resolution of 3 February to relocate the  Bega Memorial Clock Tower

3.    That the clock mechanism be repaired to working order

The Mayor called for a vote to disband standing orders and an brief adjournment was called

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

3:10 pm  The meeting adjourned and Live Streaming was turned off for the duration of the adjournment.

3:15 pm  The meeting reconvened.

The amendment moved by Cr Taylor and seconded by Cr Mawhinney that a fourth point be added to the motion:

4.    That in the interim the clock mechanism be repaired to working order.

was put to the vote and it was CARRIED

In favour:             Crs McBain, Hughes, Mawhinney, Taylor and Fitzpatrick

Against:                  Crs Seckold and Allen

Absent:                    Crs Tapscott and Britten

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

107/16

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.             That Council note the outcomes of the community consultation process.

2.             That Council defer the implementation of its resolution of 3 February 2016, regarding the re-location of the Bega Memorial Clock Tower, pending the development of engineering design plans for the installation of traffic signals at the Carp and Gipps Street intersection.

3.             That Council receive an engineer’s report to confirm that the clock tower could be moved to another location in its present construction.

4.             That in the interim the clock mechanism be repaired to working order.

In favour:             Crs Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Crs McBain, Hughes and Seckold

Absent:                    Crs Tapscott and Britten

10.1

Application for Financial Assistance - Section 356 - Interim Application

RESOLVED on the motion of Crs Seckold and Fitzpatrick

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

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

108/16

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.         That Council support the following projects at the nominated level of support:

2.         That all successful applicants be advised accordingly.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten 

11.1

Release of Balloons into the Environment

Cr Hughes noted that he had been advised that balloons made from latex cause significant issues for wildlife and that he considered references to plastic in the report included latex products.

109/16

RESOLVED on the motion of Crs Hughes and McBain

1.         That Council include information discouraging balloon release in its approvals process for events and use of public space approval process.

2.         That Council supply educational resources to suppliers of helium tanks to distribute to their customers.

3.         That Council undertake appropriate media and include balloon release education material as part of any future waste educational programs.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

11.2

RFQ 07/16 Supply and Delivery of Two CCF Class 15 Road Graders and Ancillary Rollers

RESOLVED on the motion of Cr Taylor and Allen

That Council adopt the recommendations from the Confidential Memorandum.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

110/16

RESOLVED on the motion of Crs Taylor and McBain

1.         That Council accept the quotation from Westrac for the purchase of two CCF Class 15 Road 12M Series 2 Grader including rear mounted rollers as described in RFQ 07/16, in the amount of $ 855,800.00 (including GST).

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

3.         That the unsuccessful suppliers be advised of Council’s decision.

4.         That Council endorses the sale of two existing graders, plant number 1408 and 1409 at Government Contracted Auctions.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

11.3

RFT 03/16 Construction Tender for Gravel Re-sheeting Programme (2014 Flood Response)

RESOLVED on the motion of Crs McBain and Allen

That Council adopt the recommendations from the Confidential Memorandum and that the items be dealt with as one motion.

111/16

RESOLVED on the motion of Crs McBain and Seckold

1.            That Council accept the tender from Woodstock Contracting in relation to the construction tender for Gravel Re-sheeting (Northern Region) as described in RFQ 03/16 - 1, in the amount of $191,705 (including GST) subject to variations and provisional sums.

2.            That Council accept the tender from RD Miller Pty Ltd  in relation to the construction tender for Gravel Re-sheeting (Central Region) as described in RFQ 03/16 - 2, in the amount of $615,679 (including GST) subject to variations and provisional sums.

3.            That Council accept the tender from RD Miller in relation to the construction tender for Gravel Re-sheeting (Southern Region) as described in RFQ 03/16 - 3, in the amount of $638,927(including GST) subject to variations and provisional sums.

5.            That authority be delegated to the General Manager to execute all necessary documentation.

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

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

11.4

Acquisition of land at Candelo Showground for Candelo Sewage Treatment Plant

112/16

RESOLVED on the motion of Crs Allen and Seckold

1.         That Lot 4 DP 1216534 and Lot 1 DP 536326 including those minerals not excluded pursuant to Section 171 of the Crown Lands Act 1989, be compulsory acquired for road purposes pursuant to Section 177 Roads Act 1993.

2.         That Council give notice of its intention to dedicate the land as referred to in recommendation 1 above, as public road under Section 10 of the Roads Act 1993.

3.         That the General Manager be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the abovementioned land.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

11.5

Management and Operation of Merimbula Airport

RESOLVED on the motion of Crs Allen and Seckold

That Council accept the recommendations as outlined in the Confidential attachment.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

113/16

RESOLVED on the motion of Crs Allen and Seckold

1.         That Council accept the submission from Airport Agencies for the Contract for Services for the management of Merimbula Airport for two years in accordance with contract documentation RFT 48/16, in the amount of $318,400 per year (excluding GST), subject to variations, provisional sums and indexation.

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

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

11.6

Bega Valley Local Traffic Committee - 4 May 2016

Cr Mawhinney asked could the late item regarding the Bega Valley Rally 11-12 June, 2016 be dealt with separately.

The Chairperson agreed to the request.

114/16

RESOLVED on the motion of Crs Taylor and McBain

That Council adopt the Bega Valley Local Traffic Committee recommendations as follows:

Imlay Street, Eden – Parking arrangements

1.         That Council approve the installation of the following zones along the eastern side of Imlay Street in the following locations:

a)         1 hour timed parking for the hours of 8.30am to 6.00pm Monday to Friday and from 8.30am to 12.30pm on Saturday:

i)          Commencing at a point 30 metres from the intersection of Bass and Imlay Streets for a length of 12.6 metres;

ii)         Commencing at a point 82.6 metres from the intersection of Bass and Imlay Streets for a length of 38 metres; and

iii)        Commencing at a point 184.4 metres from the intersection of Bass and Imlay Streets for a length of 14 metres.

b)        15 minute timed parking commencing at a point 42.6 metres from the intersection of Bass and Imlay Streets for a length of 6.3 metres.

c)         No Stopping Zones:

i)          Commencing at the intersection of Bass and Imlay Streets for a length of 30 metres;

ii)         Commencing at a point 48.8 metres from the intersection of Bass and Imlay Streets for a length of 33.8 metres;

iii)        Commencing at a point 126.6 metres from the intersection of Bass and Imlay Streets for a length of 21.8 metres; and

iv)       Commencing at a point 198.4 metres from the intersection of Bass and Imlay Streets for a length of 16.6 metres to the intersection of Chandos and Imlay Streets.

d)        A Taxi Zone commencing at a point 120.6 metres from the intersection of Bass and Imlay Streets for a length of 6 metres.

e)        A Bus Zone commencing at a point 148.4 metres from the intersection of Bass and Imlay Streets for a length of 30 metres.

2.         That Council approve the installation of the following zones along the western side of Imlay Street in the following locations:

a)         1 hour timed parking for the hours of 8.30am to 6.00pm Monday to Friday and from 8.30am to 12.30pm on Saturday:

i)          Commencing at a point 29.2 metres from the intersection of Bass and Imlay Streets for a length of 25 metres;

ii)         Commencing at a point 75.9 metres from the intersection of Bass and Imlay Streets for a length of 52 metres; and

iii)        Commencing at a point 148 metres from the intersection of Bass and Imlay Streets for a length of 36 metres.

b)        No Stopping Zones:

i)          Commencing at the intersection of Bass and Imlay Streets for a length of 29.2 metres;

ii)         Commencing at a point 54.2 metres from the intersection of Bass and Imlay Streets for a length of 21.7 metres;

iii)        Commencing at a point 127.9 metres from the intersection of Bass and Imlay Streets for a length of 20.1 metres; and

iv)       Commencing at a point 184 metres from the intersection of Bass and Imlay Streets for a length of 33.8 metres to the intersection of Chandos and Imlay Streets.

3.         Council approve the installation of the following zones within the centre island parking area of Imlay Street between Bass and Chandos Streets in the following locations:

a)         1 hour timed parking for the hours of 8.30am to 6.00pm Monday to Friday and from 8.30am to 12.30pm on Saturday:

i)          Commencing at a point 23.4 metres from the intersection of Bass and Imlay Streets for a length of 49.5 metres;

ii)         Commencing at a point 74.5 metres from the intersection of Bass and Imlay Streets for a length of 73.1 metres; and

iii)        Commencing at a point 156.1 metres from the intersection of Bass and Imlay Streets for a length of 45.2 metres.

b)        Accessible parking spaces:

i)          Commencing at a point 23.4 metres from the intersection of Bass and Imlay Streets for a length of 3.6 metres;

ii)         Commencing at a point 56.2 metres from the intersection of Bass and Imlay Streets for a length of 16.7 metres; and

iii)        Commencing at a point 130.6 metres from the intersection of Bass and Imlay Streets for a length of 17 metres.

c)         Seniors parking spaces commencing at a point 27 metres from the intersection of Bass and Imlay Streets for a length of 5.9 metres.

Lamont Street, Bermagui – Loading Zone

That Council approve the installation of a timed Loading Zone from 6am to 6pm, Monday to Friday in Lamont Street, Bermagui, commencing at a point 102 metres westerly from the intersection of Lamont and Montague Streets for a length of 14.25 metres.

Imlay Street, Eden – Revised line marking at Chandos Street intersection

That Council approve the installation of double white lines at the intersection of Chandos and Imlay Street, Eden in the following locations:

1.         Extending a distance of 9 metres south from the northern traffic island at the intersection.

2.         Extending a distance of 7 metres north from the southern traffic island at the intersection.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

3:51 PM Cr McBain departed the meeting room.

3:52 PM Cr McBain returned to the meeting room.

115/16

RESOLVED on the motion of Crs Allen and Taylor

Late Item – Bega Valley Rally – 11-12 June 2016

That Council approve the Bega Valley Rally to be held on 11 June 2016 to 12 June 2016, subject to receipt of a completed Special Event Transport Management Plan and in accordance with previous recommendations of the Local Traffic Committee made on 2 December 2015 and Council resolution of 16 December 2015 as follows:

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

2.         That signage is displayed advising of Road Closures

3.         That letters are sent to land owners seeking written approval for the closure of private gates.

4.         That a Traffic Management Plan is required stating that private gates are locked in accordance with CAMS guidelines.

5.         That Council support the road closures (as listed), on Sunday 12 June 2016 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 McBain, Seckold, Taylor, Fitzpatrick and Allen

Against:                  Crs Hughes and Mawhinney

Absent:                    Crs Tapscott and Britten

12.1

Council Meeting Date September 2016

116/16

RESOLVED on the motion of Crs Allen and McBain

That Councillors approve the change of date for the September 2016 Ordinary Council meeting following the Council Election to Wednesday 28 September, 2016 commencing at 2.00 pm.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

12.2

Local government operational and management effectiveness report - Financial Year 2015 

117/16

RESOLVED on the motion of Crs Seckold and McBain

That Council note the report on the Operational Effectiveness Survey.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

13.1

Public Exhibition - draft operational plan, draft budget, draft fees and charges

118/16

RESOLVED on the motion of Crs Mawhinney and Seckold

1.    That the draft Bega Valley 2016-17 Operational Plan including Revenue Policy be placed on 28 day public exhibition for the period of May 18 – June 14, 2016.

2.      That the draft Bega Valley 2016-17 Budget be placed on 28 day public exhibition for the period of May 18 – June 14, 2016.

3.      That the draft Fees and Charges 2016-17 be placed on 28 day public exhibition for the period May 18 – June 14, 2016.

4.      That submissions and feedback be considered by Council prior to adoption

5.    That Councillors receive a report on consultancy and contract positions in the Draft Budget for consideration at the 8 June, 2016 meeting.

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

Against:                  Cr Hughes

Absent:                    Crs Tapscott and Britten

13.2

Quarterly Budget Review Statement (QBRS) at March 2016

119/16

RESOLVED on the motion of Crs Mawhinney and Seckold

1.      That Council note the March 2016 Quarterly Budget Review Statement (QBRS).

2.      Council resolve to adopt the variances as detailed in the March 2016 Quarterly Budget Review Statement (QBRS).

3.      That Council place the March 2016 Quarterly Budget Review Statement (QBRS) on its website for public information.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

13.3

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

120/16

RESOLVED on the motion of Crs Mawhinney and Seckold

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, Seckold, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

Absent:                    Crs Tapscott and Britten

14.

Adoption of reports from Standing Committees

121/16

RESOLVED on the motion of Crs Mawhinney and Allen

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, Seckold, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

Absent:                    Crs Tapscott and Britten

17.1

Support for Timor Leste

122/16

RESOLVED on the motion of Crs Seckold and Hughes

1.    That Council call on the Australian Federal Government to immediately commence negotiations with the Timor Leste Government on permanent maritime boundaries, using a median line approach.

2.    That Council call on the Australian Government to resubmit to the maritime boundary jurisdiction of the International Court of Justice and the International Tribunal on the Law of the Sea, so that the boundaries can be settled by an independent body if necessary.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

17.2

Bega Valley - action re super trawlers

As this matter was subject to an address by deputation the Chairperson asked the if any new matter had been raised that required deferment of the matter.

A motion was moved by Crs Fitzpatrick and Taylor

That the matter be deferred to allow a report from Council’s Economic Officer to be provided to Councillors at the 8 June 2016 meeting.

The motion to defer was put to the vote and it was LOST

In favour:             Crs Taylor, Fitzpatrick and Allen

Against:                  Crs McBain, Hughes, Seckold and Mawhinney

Absent:                    Crs Tapscott and Britten

123/16

RESOLVED on the motion of Crs Hughes and Mawhinney

A motion was moved by Cr Hughes and Mawhinney

1.         That the Bega Valley Shire Council opposes the activities of super trawlers and factory freezer trawlers, such as the Geelong Star and write to the Member for Eden-Monaro, Dr Peter Hendy to request that he oppose the continued presence of the Geelong Star on the far south coast and oppose its return to regional waters at any time in the future.

2.         That Bega Valley Shire Council write to the State MP for Bega, the Hon Andrew Constance, to thank him for his public statements in opposition to the Geelong Star, and request he support action by the NSW State Government to protect NSW small pelagic fisheries and marine life from its impacts. 

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

Against:                  Crs Fitzpatrick and Allen

Absent:                    Crs Tapscott and Britten

20.3

Eden Whale Museum

Cr Fitzpatrick asked how  Council could assist the Eden Whale Museum regarding the option for purchase of a block of land adjacent to the current museum site.  The land is not currently zoned for the purposes required by the Museum. Cr Fitzpatrick understood from discussions the process for rezoning which may take some time.

He asked how Bega Valley Shire Council could give assurance to the Eden Whale Museum Committee that if the land is purchased the appropriate zonings would be able to be implemented and what would be the timeframe on for these assurances to be given.

The question was taken on notice by Director Planning and Environment.

20.4

Pambula Public Recreation and Showground Reserve

Cr Russell Fitzpatrick Cr Fitzpatrick asked when will Council receive a report on the Pambula Sportsground and Showground Reserve, and ensure that the facility remains in the public interest.

The question was taken on notice by the Director, Community Relations and Leisure.

20.5

Bega Recreation Ground Kiosk

Cr Allen asked when users of the Bega Recreation Ground can expect a replacement for the kiosk that was destroyed by fire.

The question was taken on notice by the Director, Community Relations and Leisure, noting Council is currently exploring options for demolition as the electrical connections to the site require investigation regarding removal and reinstallation.

20.6

Tura Murrang Library

Cr Allen asked could Councillors receive a complete financial reconciliation of the Tura Beach library project from purchase to completion including and assessment of staff time involved in the project and also including the business plan for the project.

The question was taken on notice by the Director, Community Relations and Leisure

Adjournment Into Closed Session

124/16

RESOLVED on the motion of Crs Allen 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 (a) the report contains personnel matters concerning particular individuals and (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.

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 (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.

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

Against:                  Nil

Absent:                    Crs Tapscott and Britten

23.1

Closed Session Item 22.1 Merimbula Land Matters

125/16

RESOLVED on the motion of Crs McBain and Fitzpatrick

That Council note the resolution of the Closed session.

23.2

Closed Item 22.2 Payment of Headworks Charges associated with DA

126/16

RESOLVED on the motion of Crs McBain and Fitzpatrick

That Council note the resolution of the Closed session.

23.3

Closed Session Item 22.3 Proposed Acquisition of Part SP 74126, Palmer Lane, Merimbula for Bypass Road

127/16

RESOLVED on the motion of Crs McBain and Fitzpatrick

1.      That Council adopt the resolution of the closed session meeting.

2.      That Council declassify all closed session reports relating to this matter once the acquisition notice is published in the Government Gazette.

23.4

Closed Session Item 22.4 Bega Lands

128/16

RESOLVED on the motion of Crs McBain and Fitzpatrick

That Council note the resolution of the Closed session.

24.1

Declassification Closed Item 22.1 Merimbula Land Matters

Council noted the resolution to declassify Closed Report no 22.1 Merimbula Land Matters, with the exception of the purchaser’s valuation report, upon the execution of the Option Deed.

24.2

Declassification of Closed Session Item 22.3 Proposed Acquisition of Part SP 74126, Palmer Lane, Merimbula for Bypass Road

Council noted the resolution to declassify all closed session reports relating to this matter once the acquisition notice is published in the Government Gazette.