1.

Apologies

There were no apologies

2.

Confirmation of Minutes

105/16

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 29 June 2016 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Suspension of Standing Orders

106/16

RESOLVED on the motion of Cr Fitzpatrick and Mawhinney

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

Planning and Environment Item 8.1 Planning Proposal for seven Deferred Sites in Bega Valley Local Environmental Plan 2013, a) Lot 445 DP 1061010, Lochview Farm Road, Lochiel

·         Mr Ian Riley

Planning and Environment Item 8.2.  Strategic Direction for nine Deferred Sites in Bega Valley Local Environmental Plan 2013 

·         Mr Liam Walsh - on behalf of Boydtown Pastoral Co

·         Mr Mike Milliken – on behalf of the General Manager – Lyon Group Australia

·         Mr Glen Brunette

·         Mr Jeff Swane

·         Mr Bruce Lyon – on behalf of Boydtown Pastoral Co

Planning and Environment Item 8.8  Item 8.8 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision

·         Mr Samuel Pickersgill

·         Mr Rodney Brereton

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

Against:                  Nil

Mr Riley addressed Council and information was provided by the Mayor on the process following any determination made today.

Mr Walsh addressed Council  and responded to questions from the General Manager.  Information was provided information was provided by the Mayor.

Mr Milliken addressed Council and responded to questions from Councillors.  Information was provided by the Mayor.

Mr Brunette addressed the Council. Cr Fitzpatrick moved an extension of time for Mr Burnette to complete his address. Mr Brunette responded to questions from Councillors.

Mr Swane addressed the Council.

Mr Lyon addressed the Council.

RESOLVED on the motion of Crs Fitzpatrick and McBain that Mr Lyon be granted an extension of time of two minutes to complete his address.  Carried Unanimously.

Mr Lyon responded to questions from Councillors.

Mr Pickersgill addressed the Council and responded to questions from Councillors.

Mr Brereton addressed the Council.

The Mayor thanked the addressees for their deputations to Council.

7.

Adjournment into Standing Committees

107/16

RESOLVED on the motion of Crs McBain 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

Planning Proposal for seven Deferred Sites in Bega Valley Local Environmental Plan 2013

The Chairperson asked the Acting Director, Planning and Environment if any new matters had been raised in the address to Council.  The Director advised that in his opinion no new matters had been raised.  He noted the land that was subject to the address had been submitted to the Department of Planning and Environment who determined there was no justification for the application for rezoning to allow small lot development.  He noted that there would be further opportunities during the exhibition period of any Planning Proposal for the land owner to lodge a  submission to Council. The Acting Director outlined the process to date and confirmed that the matter would be reported to a future Council meeting for final determination.

RESOLVED on the motion of Crs Britten and Mawhinney

That the matter be heard today.

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

Against:                  Nil

108/16

RESOLVED on the motion of Crs Britten and McBain

1.         That the seven sites considered within this report be “un-deferred” and the zoning and lot sizes revert to those exhibited in draft Bega Local Environmental Plan 2010 as follows:

a)         Lot 445 DP 1061010, Lochview Farm Road, Lochiel

Rural Landscape Zone (RU2) with a Minimum Lot Size of 120 Hectares

b)        Lot 4892 DP 1103062, Woodlands Lane, Bald Hills

Rural Landscape Zone (RU2) with a Minimum Lot Size of 120 Hectares

c)       Part Lot 1 DP 1164038, Lots 1 & 2 DP 1101354, Tathra Road, Bega

Primary Production (RU1) with a Minimum Lot Size of 120 Hectares

d)        Lots 1 – 5  DP 455379, Palestine Road, Eden

Large Lot Residential (R5) with a Minimum Lot Size of 5,000m²

e)       Part Lot 600 DP 1193160, Mirador Drive, Merimbula

Low Density Residential (R2) with a Minimum Lot Size of 2,000m²

f)                Lot 5 DP 1021345, Princes Highway, Wolumla

RU1 Primary Production with a Minimum Lot Size of 120 Hectares.

g)         Lot 3 DP 750226, Polacks Flat Road, Bemboka

RU1 Primary Production with a Minimum Lot Size of 120 Ha.

2.         That staff be authorised to forward a Planning Proposal to the Department of Planning for Gateway determination for the seven sites considered in this report.

3.         That following Gateway Panel determination the Planning Proposal be placed on public exhibition.

4.         That at the end of the exhibition period a further report be submitted to Council for consideration.

5.          That all property owners affected by this process be advised of the reasons and the process going forward including the Rural Residential Strategy Development.

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

Against:                  Nil

8.2

Strategic Direction for nine Deferred Sites in Bega Valley Local Environmental Plan 2013

The Chairperson asked the Acting Director, Planning and Environment if any new matters had been raised in the address to Council.  The Acting Director advised that in his opinion no new matters had been raised. Further the Acting Director provided advice and clarification to Councillors relating to the matters raised.

RESOLVED on the motion of Crs Britten and Fitzpatrick

That Council the matters be dealt with today, and that Item a) Site 1, be dealt with separately.

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

Against:                  Cr Hughes

109/16

RESOLVED on the motion of Crs Britten and McBain

That in relation to :

a)         Site 1 – Boydtown Property (excluding the area around the Seahorse Inn)

That the land north of Nullica Short Cut Rd be zoned RU2 (120ha) and E2 (no lot size); the remainder of the land west of the Princes Hwy be zoned E3 (10ha) and E2 (no lot size); and the south eastern section of the property adjoining the Towamba River estuary be zoned E3 (40ha) and E2 (no lot size).

Council adopts the recommendation and defer implementation until 8 August, 2016 to allow the Developer to gain written advice from the Department of Planning that the Department will revisit the E-zones for Boydtown.  If such advice is received the matter to be relisted for the meeting to be held on 10 August 2016.

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

Against:                  Crs Hughes and Fitzpatrick.

Recommendation

Crs Fitzpatrick and Mawhinney

1.         That the zoning and lot sizes for Site 1 be as per the previous resolution number 109/16.

a)         Site 1 – Boydtown Property (excluding the area around the Seahorse Inn)

             That the zoning and lot sizes for Sites 2 - 6 be as follows:

b)        Site 2 - Summerhill Rd, South Pambula

That the land be zoned E4 with a 1ha lot size applied to the substantially cleared, eastern section of the property and a 5ha minimum be applied to the western, more heavily vegetated section of the property.

c)         Site 3 - Princes Highway, South Pambula

That the site be zoned E4 with a 5ha minimum lot size and the consultant acting for the owner be advised and encouraged to submit a revised Planning Proposal based on this zoning and lot size.

d)        Site 4 - Old Mill Road, Wolumla

That the land fronting Old Mill Road be zoned E4 with a 2ha lot size. The remainder of the property be zoned E3 with a 30ha lot size.

e)        Site 5 - Princes Highway, Millingandi

That the land be zoned E3 with a 7ha minimum lot size.

f)         Site 6 - Mandeni, Sapphire Coast Drive

That the land be zoned and lot sized E4 (1ha), RU2 (120ha) and E2 (no lot size).

2.         That staff be authorised to forward Planning Proposals to the Department of Planning for Gateway determination for Sites 1 - 6 as per the zoning and lot sizes resolved above.

3.         That following Gateway determination the Planning Proposals be placed on public exhibition and, following the exhibition period, a further report be submitted to Council for incorporation of the subject land into Bega Valley Local Environmental Plan 2013.

4.         That the strategic direction for further investigation of Sites 7 - 9 in the draft Wolumla Growth Strategy be as follows:

             a)         Site 7 - Wolumla - Candelo Road, Wolumla

That the land be zoned and lot sized E4 (4ha), E2 (30ha south of Wolumla Rd) and R2 (550m²).

b)        Site 8 - Clarke Street, Wolumla

That the land be zoned and lot sized R2 (550m²), B4 (no lot size), B5 (no lot size) and RE1 (no lot size).

c)         Site 9 - Scott Street, Wolumla

That the land be zoned and lot sized R2 (550m²), R5 (2ha), RU2 (120ha) and E2 (no lot size).

5.         That once prepared by staff, the draft Wolumla Growth Strategy be reported to Council with the aim of facilitating public exhibition at that time.

6.         That all property owners affected by this process be advised of the reasons and the process going forward.

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

Against:                  Cr Hughes

8.3

Bega Valley CLEP 2013 Minor Amendments

110/16

RESOLVED on the motion of Crs Britten and Seckold

1.         That Council resolves to adopt the land use zone mapping amendments as listed in Table 1 of this report.

2.         That Council resolves to adopt the amendments to the Heritage mapping and Schedule 5 of Bega Valley Local Environmental Plan 2013 as detailed in Table 2 of this report.

3.         That Council resolves to permit with consent ‘information and educational facilities’ in the Low Density Residential Zone (R2 Zone) and  Medium Density Residential Zone (R3 Zone).

4.         That Council resolves to permit with consent ‘restaurants and cafes’ in Neighbourhood Centres (B1 Zone).

5.         That Council resolves to alter the maximum floor space for ‘kiosk’ from 20m² to 50m² listed at Clause 5.4(6) of Bega Valley Local Environmental Plan 2013.

6.         That items 1-5 above form the basis of a ‘Minor Amendments Planning Proposal’ to be prepared by staff and forwarded to the Department of Planning and Environment for Gateway Panel determination.

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

Against:                  Nil

8.4

Report on public exhibition of South Pambula Residential Land Planning Proposal

111/16

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.         That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as shown in Attachment 1 of the report.

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

3.         That all those persons who have made submissions be advised of the Council decision.

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

Against:                  Cr Hughes

8.5

Report on exhibition of amendments to Clause 5.6 Tree and Vegetation Preservation of Development Control Plan 2013

112/16

RESOLVED on the motion of Crs Seckold and Hughes

1.         That Council resolves to adopt the amendments to Bega Valley Development Control Plan 2013 (as previously resolved and exhibited).

2.         That Council give public notice of the decision to amend the Bega Valley Development Control Plan in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.

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

Against:                  Crs McBain and Fitzpatrick

8.6

Report of Public Hearing - Reclassification of Lot 5 Section 7 DP 758087 Hoskins Street, Bemboka

113/16

RESOLVED on the motion of Crs Britten and Seckold

1.         That Council proceeds to finalise the Planning Proposal to amend Schedule 4 Part 1 of the BVLEP 2013 by reclassifying Lot 5 Section 7 DP 758087 Hoskins Street, Bemboka from ‘Community Land’ to ‘Operational Land’.

2.         A further report be provided to Council regarding future uses of the site.

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

Against:                  Nil

8.7

Proposed Vehicle Repair Station, Princes Highway Cobargo

114/16

RESOLVED on the motion of Crs Britten and McBain

Council notes that Development Application 2015.283 for a Vehicle Repair Station on Lots 2 and 3 Section 13 DP 2591, 31-33 Princes Highway, Cobargo has been withdrawn.

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

Against:                  Nil

8.8

Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision

Pecuniary Interest

Cr Britten declared a pecuniary interest regarding Item 8.8 , Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision, on the basis that he is the Director of a company in a zoning that may conflict.  A signed declaration form was tabled by Cr Britten for inclusion in the Register. 

Cr McBain declared a pecuniary interest regarding Item 8.8 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision, on the basis that she is employed as a solicitor at the law firm that has engaged a party to the application.  A signed declaration form was tabled by Cr McBain for inclusion in the Register.

4.01 pm Crs Britten and McBain departed the meeting room, taking no part in debate or voting on this item.

The Chairperson asked the Acting Director, Planning and Environment if any new matters had been raised in the addresses to Council.  The Acting Director advised that in his opinion no new matters had been raised.

A motion was moved by Crs Fitzpatrick and Seckold

That the matter be heard today.

The motion was put the the vote and it was LOST

In favour:             Crs Taylor, Fitzpatrick and Allen

Against:                  Crs Hughes, Tapscott, Seckold and Mawhinney

Absent:                    Crs McBain and Britten

The General Manager noted the matter was now deferred and could not be heard until the 12 October, 2016 meeting.

9.1

Access Advisory Committee

115/16

RESOLVED on the motion of Crs Allen and McBain

1.         That Council note the successes and work of the Access Advisory Committee.

2.          That Council resolve to refer the following motion to be presented to the Council Meeting on 10 August, 2016, in a format for inclusion for submission to the Local Government NSW Annual Conference 2016, for consideration by the assembly:

 “That LGNSW advocate on changes to relevant legislation and/or regulation, including identifying resources, that require commercial operators to upgrade access and associated facilities to and within premises when any improvements/works/changes are undertaken, and that such works should include upgrade of the facilities available to the public in such buildings; and

That LGNSW advocate to the State Government, possibly through the State Disability Advisory Council, to develop an education and awareness program on the benefits of improving access to commercial premises and associated facilities.”

3.         That Council approve a three month extension to December 2016 of the Section 355 Access Advisory Committee and its current membership being as follows:

·    Mr Ronald Finneran OAM (Chairman)

·    Mr Chris Sparks

·    Mr Colin Dunn

·    Mr Graham Carmody

·    Ms Jennifer Dessens

·    Mr John Reynolds

·    Mr Nathan Johnston

·    Ms Rosemary Oates; and

·    Ms Sue Thomas.

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

Against:                  Nil

9.2

Council Grants Review

116/16

RESOLVED on the motion of Crs Britten and Seckold

1.        That the report be noted.

2.         That Council utilise $105,500 of the Southern Phones annual dividend towards Council’s grants program OR in the event of a lower dividend, revise the associated grant allocations within the lower amount.

3.         That Council increase the Mumbulla Foundation allocation by $10,000 per annum and increase the seniors week grants by $5,000 per annum and the Young Women’s Scholarship by $2,000.

4.         That Council implement a revised grants program that includes grant as outlined in the table below, and that these grants be indexed at the same rate as their source funds.

5.         That Council convene a roundtable meeting with community festival and event providers.

6.         That Council revise its grants program procedures to address the findings noted in this report.

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

Against:                  Cr McBain

9.3

Halls Maintenance Funding 2016/17

117/16

RESOLVED on the motion of Crs Mawhinney and Britten

1.         That the report be noted.

2.         That Council endorse expenditure from the 2016/17 Halls Maintenance Funding as follows:

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

Against:                  Nil

9.4

Sportsground Facility Management Plans

118/16

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.         That Council note the report.

2.         That Council adopt the Facility Management Plans for Dickinson Oval, Wolumla Recreation Ground, Berrambool Sports Complex, Pambula Sporting Complex, George Brown Oval and Barclay Street Sports Complex.

3.         That users and stakeholders be notified and thanked for their interest and input into the process.

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

Against:                  Nil

9.5

Quarterly Community Project Proposals Summary

119/16

RESOLVED on the motion of Crs Mawhinney and Seckold

1.         That Council note those Community Project Proposals already approved.

             The On Track Committee for the removal of asbestos (project Bega1) and Merimbula Chamber of Commerce to install fairy lights (project Mer1) have been approved.

2.         That Council adopt the following recommendations for the Community Project Proposals:

a.         Council provide in-principle support for the construction of an amenities building at Evans Park, Kalaru and subject to required project information being provided, officers work with the group in identifying external funding opportunities. (Project Bega2)

b.         Council provide in-principle support to the Pambula-Merimbula Lions Club for the refurbishment of the Berrambool footbridge and subject to required project information being provided, officers work with the group in identifying external funding opportunities. (Project Mer2)

c.         Council provide in-principle support to the Rotary Club of Pambula (Eden Section) to further develop the extension of Rotary Park Walk and subject to required project information being provided, officers work with the group to develop the project. (Project Eden1)

d.         Council provide in-principle support to the Wonboyn Ratepayers Association to further develop the Wonboyn Road Beautification proposal and subject to required project information being provided, officers work with the group in identifying external funding opportunities. (Project Eden2)

e.         Council provide in-principle support to ESSCI to progress with the Curalo Common Project and subject to required project information being provided, officers work with the group to develop the project. (Project Eden3)

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

Against:                  Nil

10.1

RFT 02/16 Gateway Signage to the Bega Valley

RESOLVED on the motion of Crs Allen and Tapscott

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

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

Against:                  Nil

120/16

RESOLVED on the motion of Crs Britten and Mawhinney

1.          That due to no tenders being submitted at an acceptable price, Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender as per Clause 178 (3) (e).

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

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

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

Against:                  Cr Hughes

10.2

Expression of Interest EOI 53/16 142-144 Imlay Street, Eden

121/16

RESOLVED on the motion of Crs Britten and Tapscott

1.         That Council closes the Expression of Interest process regarding 142-144 Imlay Street Eden and decline to accept the submission received.

2.         That Council:

a)    reconfirm the resolution 24/16 of the 24 February  2016 and proceed to carry out items five (5) and six (6) of that resolution in relation to demolition as required and restoration of the facade ; and

b)    further that Council continue to investigate possible tenancies prior to  proceeding to determining to complete the restoration of the inside of the building , and

c)     proceed to identity and design the access way between the carpark and Imlay street as a public thoroughfare.

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

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

Against:                  Nil

11.1

Formalisation of road name: Joey Lane, Candelo

122/16

RESOLVED on the motion of Crs Tapscott and Taylor

1.         That Council approve the proposal to name the new private right of carriageway located off Slaters Lane in Candelo as Joey Lane.

2.         That Council advertise the proposed name in 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

11.2

Road closure of a section of Council public road in Eden

123/16

RESOLVED on the motion of Crs Tapscott and Britten

1.         That Council approve in principle the proposal received from the applicants of DA 2015.270 for the closure of a section of Hopkins Street in Eden which adjoins their landholding and that staff be authorised to commence assessment of the road closure application.

2.         That if no objections are received, the road closure application be lodged with Crown Lands for formal approval.

3.         That the General Manager and/or Mayor be authorised to execute the necessary documentation to effect the road closure and subsequent transfer of land to the applicant for the agreed compensation and that all costs associated with the road closure process be borne by the applicant.

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

Against:                  Nil

11.3

Merimbula Lake and Back Lake Flood Study - Draft Report for Public Exhibition

124/16

RESOLVED on the motion of Crs Mawhinney and Britten

1.         That Council note the draft flood study report and preliminary findings.

2.         That the draft flood study report be placed on public exhibition.

3.         That a communication and media plan be released outlining all methods of consultation and engagement on this report and the next three stages of this process.

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

Against:                  Nil

11.4

Bega Valley Local Traffic Committee - 6 July 2016

125/16

RESOLVED on the motion of Crs Mawhinney and Seckold

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

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 70.5 metres westerly from the intersection of Lamont and Montague Streets for a length of 16.5 metres.

West Kameruka Road – Heavy Trucks Usage

That Council approve the establishment of a 12 tonne load limit on West Kameruka Road and Kameruka Lane.

Parking near Intersection of Market Street and Main Street, Merimbula

That Council approve the extension of the No Stopping zone on the northern side of Main Street, Merimbula opposite the intersection of Main Street and Market Street by 7.5 metres, to the existing driveway of 97 Main Street, Merimbula.

Bega Fun Run on 23 October 2016

1.         That, subject to conditions, sections of the following Council roads be temporarily closed between 4am and 1pm on Sunday, 23 October 2016 for the Bega Fun Run:

a)         Full closure of Valley Street, Bega between the Kooringal Place and Poplar Avenue intersections;

b)        Full closure of Kirkland Avenue, Bega between Parbery Crescent and Poplar Avenue intersections;

c)         Full closure of Poplar Avenue, Bega between Carp Street to the end of the Valley Fields.

d)        Full closure of Bega Street, Bega between the Poplar Avenue and Auckland Street intersections.

e)        Full closure of Auckland Street, Bega between the Bega Street and Bridge Street intersections.

f)         Full closure of Bridge Street, Bega;

g)         Full closure of East Street, Bega between the Bridge Street and Carp Street intersections;

h)        One lane of Tarraganda Lane, Bega between the East Street intersection and the Bega Country Club;

2.         That the proposed traffic arrangements for the Bega Fun Run on Sunday, 23 October 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 have approved and current public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

5.         That organisers have written Police approval prior to conducting the event.

“ReBoot in Bermagui” Fun Run on 24 September 2016

1.         That, subject to conditions, the section of Lamont Street, Bermagui between Wallaga Street and the Arcade be temporarily closed between 8am and 1pm on Saturday, 24 September 2016 for the ReBoot in Bermagui Fun Run.

2.         That the proposed traffic arrangements for the ReBoot in Bermagui Fun Run on Saturday, 24 September 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 organisers ensure all necessary use of land approvals are in place prior to conducting the event.

Tathra Mountain Bike Enduro on 27-28 August 2016

1.         That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 27 August 2016 and Sunday, 28 August 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)         NSW Police, under Section 115 of the Road Transport Act 2013; and

b)       National Parks and Wildlife Service.

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.

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

Against:                  Nil

11.5

RFT 42/16 Watermains Renewals and/or Upgrades 2016-2018

126/16

RESOLVED on the motion of Crs Britten and Mawhinney

That the matter be deferred to the Closed Session for discussion on the basis 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to

10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) as the discussion could contain information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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

Against:                  Cr Hughes

11.6

RFT 19/16 Rehabilitation and restoration of sewer manhole structures 2016/17 and 2017/18

RESOLVED on the motion of Crs  Britten and McBain

That Council accepts recommendations as detailed in the Confidential attachment.

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

Against:                  Nil

127/16

RESOLVED on the motion of Crs Britten and McBain

1.         That Council accept the tender from Jullex Pty Ltd T/A Poly Spray Coatings  in the amount of 370,846 (including GST);. in relation the contract for works as described in Tender RFT 19/16 Rehabilitation and Restoration of Sewer Manhole Structures 2016/2017 and 2017/2018 financial years, as described in the schedule of rates.

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, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

11.7

RFT 49/16 Condition Assessment of Water and Sewerage Facilities

Pecuniary Interest

Cr Hughes declared a pecuniary interest regarding Item 11.7 RFT 49/16 Condition Assessment of Water and Sewerage Facilities, on the basis that he owns a share in one of the tendering companies.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register.

05:16 pm     Cr Hughes departed the meeting room, taking no part in debate or voting on this item.

RESOLVED on the motion of Crs Britten and McBain

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

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

Against:                  Nil

DECLARED
dID NOT VOTE:      Cr Hughes

128/16

RESOLVED on the motion of Crs Britten and McBain

1.         That Council accept the offer from Kellogg Brown & Root Pty Ltd in relation to the contract for the works described in Tender 49/16 Condition Assessment of Water and Sewerage Facilities, in the amount of $158,598 (including GST) and including any subsequent addenda or clarifications completed as part of the assessment process.

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

Against:                  Nil

DECLARED
dID NOT VOTE:      Cr Hughes

12.1

Review of the Bega Valley Shire Community Service Medallion Committee

129/16

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.         That Council adopt the draft Bega Valley Shire Community Service Medallion Committee Guidelines, noting that once nominations have been received for the Committee, Council will receive a further report to appoint the new Committee Members

2.         That Council write letters to the previous Bega Valley Shire Community Service Medallion Committee formally thanking them for their service, informing them of Council’s resolution and inviting them to nominate as a Committee member under the new Committee Guidelines

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

Against:                  Nil

13.1

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

130/16

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

Against:                  Nil

14.

Adoption of reports from Standing Committees

131/16

RESOLVED on the motion of Crs Fitzpatrick and Taylor

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 with the exclusion of Item 8.8 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision.

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

Against:                  Nil

Pecuniary Interest

Cr McBain declared a pecuniary interest regarding Item 8.8 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision, on the basis that she is employed as a solicitor at the law firm that has engaged a party to the application.  A signed declaration form was tabled by Cr McBain for inclusion in the Register,

Cr Britten declared a pecuniary interest regarding Item 8.8 , Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision, on the basis that he is the Director of a company in a zoning that may conflict.  A signed declaration form was tabled by Cr Britten for inclusion in the Register. 

05:30 pm     Crs Britten and McBain left the meeting.

Suspension Of Standing Orders

RESOLVED on the motion of Crs Taylor and Allen Standing Orders be suspended to allow discussion on Item 8.8 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision.

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

Against:                  Nil

DECLARED
dID NOT VOTE:       Crs McBain and Britten

RESOLVED on the motion of Crs Allen and Taylor

That the Ordinary Meeting be reconvened

8.8

Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision

132/16

RESOLVED on the motion of Crs Fitzpatrick and Mawhinney

1.    That the matter be deferred to the meeting of the 10 August 2016 for staff to provide further information regarding matters raised in deputations to Council today (20 July 2016).

2.    That the General Manager seek dispensation form the Minister for Local Government for approval to deal with the matter on that day.

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

Against:                  Nil

Absent:                    Crs McBain and Britten

15.1

2016 National General Assembly of Local Government

Cr Seckold commented on matters raised in Point 6 of this report and noted the speakers for the next Public Forum would be a presentation by Dr Jacki Schirmer from Canberra University on the

2015 Regional Wellbeing Survey.

Councillors noted the report that formed part of the Agenda for the meeting of 20 July 2016.

19.1

Changes to Property Addresses within Bega Valley Shire

Councillors noted the response that was included in the Agenda for the Council Meeting of 20 July 2016

19.2

Tura Marrang Library and Community Centre

Councillors noted the information provided in the Confidential Memorandum to Councillors

Adjournment Into Closed Session

Cr Tapscott declared a non-pecuniary interest regarding Item 22.2, Closed Session Eden Land Matters, on the basis that a family member a nearby resident .  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register, noting that Cr Tapscott would remain in the meeting room, but take no part in debate or voting on this item.

133/16

RESOLVED on the motion of Crs Taylor 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.

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.

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 discussion relates to 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, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

23.1

Item 11.5 deferred from the Ordinary Meeting RFT 42/16 Watermains Renewals and/or Upgrades 2016-2018

134/16

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.               That Council not accept any tender in relation to the contract for the works described in RFT 42/16 for the supply and construction of water mains renewals and/or upgrades for 2016/17 and 2017/18.

2.          That authority is delegated to the General Manager to negotiate with all or any tenderer regarding a value management engineering proposition, related to methodology.

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

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

Against:                  Nil

Absent:                    Cr Mawhinney

23.2

Closed Session Item 22.2 Eden Land Matters

Non-Pecuniary Interest

Cr Tapscott declared a pecuniary/non pecuniary interest regarding Item 22.2, Closed Session Eden Land Matters, on the basis that a family member resides on the land concerned .  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register, noting that Cr Tapscott would depart the meeting room. Cr Tapscott remained the meeting room, but took no part in debate or voting on this item.

135/16

RESOLVED on the motion of Crs McBain and Fitzpatrick

That Council note the resolution of the Closed Session

In favour:             Crs McBain, Seckold, Britten, taylor, Fitzpatrick and Allen

AGAinst:                  Nil

absent:                    Cr Mawhinney

DECLARED
dID NOT VOTE:        Cr Tapscott

23.3

Closed Session Item 22.2 Bega Land Matters

136/16

RESOLVED on the motion of Crs McBain and Seckold

That Council note the resolution of the Closed Session.

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

Against:                  Nil

Absent:                    Cr Mawhinney

23.4

Closed Session Item 22.1 and 22.4/S1 - General Manager Annual Performance Review for the period ending 30 June 2016

Pecuniary Interest

Ms Barnes declared a pecuniary interest regarding Closed Session Items 22.1 and 22.4/S1 General Manager Annual Performance Review for period ending 30 June 2016, on the basis that the matters concerned her performance review.  A signed declaration form was tabled by Ms Barnes for inclusion in the Register, noting she would depart the meeting room during consideration of this item.

6.31 pm the General Manager departed the meeting room

137/16

RESOLVED on the motion of Crs McBain and Tapscott

1.    That Council endorse the review of the General Manager’s Performance Agreement (for Leanne Barnes) for the period 1 July 2015 to 30 June 2016.

2.         That the next six monthly review meeting be held in February 2017 chaired by the Mayor and the annual review in July 2017 facilitated by the external consultant.

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

Against:                  Nil

Absent:                    Cr Mawhinney