1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

183/16

RESOLVED on the motion of Crs Seckold and Bain

That the Minutes of the Ordinary Meeting and Closed Session held on 12 October 2016 as circulated, be taken as read and confirmed.

Suspension of Standing Orders

184/16

RESOLVED on the motion of Cr Nadin and Seckold

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

That Standing Orders be suspended to allow the following person/s to address Council regarding:

Item 18.2. Notice of Motion:  Robyn Bain - Hotel Australasia

·         Dr Frances Perkins, on behalf of the Far South Coast Branch of the National Trust

·         Mr Peter Whiter, on behalf of Eden’s Australasia Inc.

Resumption of Standing Orders

8.

Adjournment into Standing Committees

185/16

RESOLVED on the motion of Crs Dodds and Allen

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

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

9.1

Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach - Planning Proposal to rezone the land to B5 Business Development

Non pecuniary interest

Cr Dodds declared a non pecuniary interest regarding Item 9.1.  Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach - Planning Proposal to rezone the land to B5 Business Development   on the basis that she is a member of the Joint Regional Planning Panel.  Cr Dodds departed the meeting room, taking no part in debate or voting on this item.

Cr Bain declared a non pecuniary interest regarding Item 9.1.  Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach - Planning Proposal to rezone the land to B5 Business Development, on the basis that she is a member of the Joint Regional Planning Panel.  Cr Bain departed the meeting room, taking no part in debate or voting on this item.

02:30 pm     Crs Dodds and Bain left the meeting.

186/16

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.         That Council support the request for review of the NSW Department of Planning and Environment Gateway Determination of 15 August 2016 in respect of the Planning Proposal to zone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to B5 Business Development.

2.         That Council advise the Southern Regional Office of the NSW Department of Planning and Environment of the resolution.

3.         That the Mayor addresses the Southern Joint Regional Planning Panel meeting to support Council's resolution.

In favour:             Crs McBain, Tapscott, Fitzpatrick, Allen and Nadin

Against:                  Crs Seckold and Griff

Absent:                    Crs Bain and Dodds

02:46 pm     Crs Bain and Dodds returned to the meeting.

9.2

Addition to Office Space Redfern Close South Pambula

Pecuniary Interest

Cr Fitzpatrick declared a pecuniary interest regarding Item 9.2 - 2016.357 Addition to Office Space Redfern Close South Pambula on the basis that he is employed by one of the applicants.  Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.

02:47 pm       Cr Fitzpatrick left the meeting.

187/16

RESOLVED on the motion of Crs McBain and Tapscott

That Development Application 2016.357 for the erection of an office building at Lot 71 DP 1074392, 12 Redfern Close South Pambula be approved subject to conditions as provided in the Draft Consent attached to the report.

In favour:             Crs McBain, Tapscott, Seckold, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

Absent:                    Cr Fitzpatrick

02:48 pm       Cr Fitzpatrick returned to the meeting.

10.1

Sportsground Committee Nominations

Non Pecuniary Interest

Cr Fitzpatrick declared a non pecuniary interest regarding Item 10.1. Sportsground Committee Nominations on the basis that he is one of the nominees.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.

02:48 pm       Cr Fitzpatrick left the meeting.

A motion was moved by Crs Tapscott and McBain

That Council note the report and accept the recommendations in the Confidential Attachment.

In favour:             Crs McBain, Tapscott, Seckold, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

Absent:                    Cr Fitzpatrick

188/16

RESOLVED on the motion of Crs Seckold and Tapscott

1.         That nominees to Council’s individual Community Sportsground Committees listed in the Confidential attachment be appointed.   

2.         That Council officers carry out further promotion of vacant committee positions and subsequently report the matter to Council for appointment.

3.         That retiring committee members be thanked for their contribution to the respective committees.

In favour:             Crs McBain, Tapscott, Seckold, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

Absent:                    Cr Fitzpatrick

02:58 pm       Cr Fitzpatrick returned to the meeting.

10.2

Community Hall Committee Nominations

RESOLVED on the motion of Crs  Nadin and Bain

That Council note the report and accept the recommendations as outlined in the Confidential Memorandum.

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff,

Against:                  Nil

189/16

RESOLVED on the motion of Crs Nadin and Seckold

2.         That the draft Community Hall Committee Guidelines and Operations Manual be endorsed by Council.

3.         That nominees to Council’s individual Community Hall Committees listed in the Confidential Councillor Memorandum be appointed:

Bemboka Hall Committee

Jonathon Trevana, Andrew Szery, Stuart Alcock, Jennifer Szery, Katherine Tyson

Candelo Hall Committee

Sharon Martin, Anne Hopper, Sam Martin, Donna Cotter, Sarah Russell.

Cobargo School of Arts Hall Committee

Dave Rugendyke, Louise Brown, Linda Sang, Lorraine James, Beth Dogan, Ray James

Eden Log Cabin Committee

Graham Gray, Jennifer Horton, Marianne Kramp, Gen Ryan, Jenny Vidler, Susan Horton

Kiah Hall Committee

Annette Evelyn, Beverly Stone, Elizabeth Griffin, Mark Griffin, Lyn Slater

Murrah Hall Committee

Mary McLean, Gandharvo Seaborn, Howard Stanley, Grant Mitchell, Satori Kramer

Nethercote Hall Committee

Carol Ahern, Caroline Winnel, Craig Lukey, Ray Tynan, Shereen Green, Edith Hammond

Quaama Hall Committee

Lindsay Parson, Roslyn Ruth, Hans Wiedeman, Janet Menefy, Peter Honer, Dianne Holmes, William Hughes

Rocky Hall Hall Committee

Joan Whitby, Michael Harrap, Margaret Harrap, Tony Whitby, Theresa Wilson

Tanja Hall Committee

Ian Burns, Kay Burns, Deb Stead, Melanie Sheehan, Jane Gordon, Lesley Hanslik, Paul Juska

Tarraganda Hall Committee

Christopher Steele, Rosemary Steele, Beth Collins, Anthony Jarman, Colleen Jarman, Carol Peachey, Robert Kingston, Dirk Fiedler, Enid Moloney

Wandella Hall Committee

Murray Masterson, Gloria Corby, Sharyn Wotton, Joy Masterson, Richard Tarlinton, Margaret O’Connor, Wayne O’Connor, June Tarlinton

Wolumla Memorial Hall Committee

Warren Howard, Keith Frew, Carol Newton, Robert Anderson, Susana Howard, Graham Sage

Wyndham Hall Committee

Yvonne Umback, Robert Hunt, Damian Wister, Vivian Heriot, Tony Heriot, Tess McPeake

4.         That Council officers carry out further promotion of vacant Committee positions and subsequently report the matter to Council for any additional appointments.

5.         That retiring Committee members be thanked for their contribution to the respective Committees.

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

11.1

Classification of land recently acquired by Council

190/16

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.         That Council formally resolve to declassify the subject report and Attachments from the closed session meeting of 29 June 2016, regarding a property at 243 – 245 Newtown Road in Bega.

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

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

11.2

Licenses for the use of Council Reserves

191/16

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.         That Council, as Reserve Trust Manager of the Spencer Park Reserve (63203) at Merimbula, grant a further 5 year licence to Phoebe Mills, Trading as Bar Beach Kiosk Pty Ltd, for the continued operation of the existing Bar Beach Kiosk at current market rental.

2.         That Council, as Reserve Trust Manager of the Spencer Park Reserve (63203) at Merimbula grant, a 5 year licence to Mr Gordon Thompson, Trading as Mr G Ice Cream, for the operation of a mobile ice cream van at Spencer Park, Merimbula at current market rental.

3.         That Council, as Reserve Trust Manager of the Short Point Reserve (85134) at Merimbula, offer a 1 year licence to Mr Gordon Thompson, Trading as Mr G Ice Cream, for the operation of a mobile ice cream van at Short Point, Merimbula at current market rental.

4.         That Council, as Reserve Trust Manager of the Ray Whyman Reserve (82753) Mogareeka Inlet at Tathra, grant a 1 year licence with a further 1 year option to Ms Monique Henderson, Trading as Expresso Yourself Mobile Café, for the operation of a mobile café refreshment van at the Mogareeka Boat Ramp, Tathra at current market rental.

5.         That Council, as Reserve Trust Manager of the Zingel Place Reserve (97856) at Bega, grant a 5 year licence to Sapphire Coast Producers Association Incorporated for the operation of a weekly Farmers Market within Littleton Gardens (part of Reserve 97856), Bega at a weekly fee payable to Council of $5 per unpowered stall and $10 per powered stall. 

6.         That Council, as Reserve Trust Manager of the Ford Oval Reserve (77269) at Merimbula, grant a 5 year licence to Merimbula Rotary Club Incorporated for the operation of a monthly market within Ford Oval, Merimbula at a monthly fee payable to Council of $5 per unpowered stall and $10 per powered stall.

7.         That Council, as Reserve Trust Manager of the Candelo Recreation Ground (580055) at Candelo grant a 5 year licence to Candelo Market Committee Incorporated for the operation of a monthly market within Candelo Recreation Ground, Candelo at a monthly fee payable to Council of $5 per unpowered stall and $10 per powered stall. 

8.         That in accordance with the requirements of the Crown Lands Act, Council obtains the Minister’s Consent to the above licence agreements.

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

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

12.1

Proposed New Road Name: Grey Box Place, Millingandi

192/16

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Council readvertise the proposal to name the new road off Millingandi Road in Millingandi as Oakleaf Place.

2.         That should no objections are received the Geographical Names Board of NSW be requested to formally Gazette the name Oakleaf Place.

3.         That Council advise all affected property owners and those who made a submission regarding the naming proposal.

4.         That authority be delegated to Council officers to submit the following road names to the Geographical Names Board of New South Wales for pre-approval and reservation for future use within the Bega Valley Local Government Area, as approved by the Council Delegate:

a)         Eucalyptus

b)        Lomandra

c)         Jacaranda

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

12.2

Acquisition of Land for Public Road at South Wolumla

193/16

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Lot 1 DP 873960 (being part of Lot 1 DP 606450) be compulsorily acquired (with landowner’s consent) for the purpose of a public road pursuant to Section 177 of the Roads Act 1993.

2.         That it be noted Council has already given notice of its intention to dedicate the land, as referred to in recommendation 1 above, in Government Gazette No. 9, folio 396 dated 23 January 1998, as a public road under Section 10 of the Roads Act 1993.

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

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

12.3

Proposed New Road Names in Bermagui

A motion was moved by Crs Tapscott and Nadin

1.         That Council approve the naming of a laneway between Lamont Street and Bunga Street in Bermagui as Durvillaea Lane.

2.         That Council approve the naming of a laneway between Hill Street and Murrah Streets in Bermagui as Laurencia Lane.

3.         That Council approve the naming of an unnamed section of road in Bermagui which extends north from Lamont Street as Posidonia Esplanade.

4.         That Council uphold the objections received regarding Sea Lace Lane and readvertise and notify affected properties of the proposal to name the laneway, which extends between Wallaga Lake Road and Wapengo Street in Bermagui as McIntosh Lane, based on the significance of the history relevant to this site.  If no submissions of objection are received, McIntosh Lane will be formally Gazetted, as per usual process.

5.         That the Geographical Names Board of New South Wales be requested to formally Gazette the names indicated in recommendations 1-3 above.

A motion was foreshadowed by Crs Allen and Bain

1.         That Council uphold the objections received regarding Sea Lace Lane and readvertise and notify affected properties of the proposal to name the laneway, which extends between Wallaga Lake Road and Wapengo Street in Bermagui as McIntosh Lane, based on the significance of the history relevant to this site.  If no submissions of objection are received, McIntosh Lane will be formally Gazetted, as per usual process.

2.         That Council defer the naming of the laneways between Lamont and Bunga Street and Hill and Murrah Streets and the unnamed section of road in Bermagui which extends north from Lamont Street to consult with the Bermagui Historical Society on other relevant names

The motion was put to the vote and it was LOST

In favour:             Crs Tapscott, Seckold and Griff

Against:                  Crs McBain, Fitzpatrick, Allen, Bain, Dodds and Nadin

The foreshadowed motion was put to the vote and CARRIED unanimously.

194/16

RESOLVED on the motion of Crs Allen and Bain

1.         That Council uphold the objections received regarding Sea Lace Lane and readvertise and notify affected properties of the proposal to name the laneway, which extends between Wallaga Lake Road and Wapengo Street in Bermagui as McIntosh Lane, based on the significance of the history relevant to this site.  If no submissions of objection are received, McIntosh Lane will be formally Gazetted, as per usual process.

2.          That Council defer the naming of the laneways between Lamont and Bunga Street and Hill and Murrah Streets and the unnamed section of road in Bermagui which extends north from Lamont Street to consult with the Bermagui Historical Society on other relevant names

In favour: Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

12.4

Re-naming of eight roads within the Biamanga and Gulaga National Parks

195/16

RESOLVED on the motion of Crs Allen and Bain

1.    That Council note the report and decision of the Biamanga and Gulaga National Park Boards of Management, together with the National Parks and Wildlife Services of New South Wales, to rename eight existing roads within the two Parks to Aboriginal names.

2.    That Council note that the names will be formally Gazetted in the road network.

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

13.1

Pecuniary Interest Returns - 1 July 2015 to 30 June 2016

196/16

RESOLVED on the motion of Crs Allen and Seckold

That Council note the report on Lodgement of Pecuniary Interest Returns period ending 30 June 2016 and the positions required to submit returns for the period ending 30 June 2017.

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

13.2

'Understanding Our Place' report and Draft Community Ambitions

197/16

RESOLVED on the motion of Crs Seckold and Nadin

1.         That Council endorse the publication of the draft Understanding Our Place document as an informing document to the draft Community Ambition statements.

2.         That Council resolve to exhibit the Draft Community Ambition statements for a period of 28 days and that any submissions received be reported to Council.

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

13.3

RFT 78/16 Building Condition Assessment and Quantity Survey for Council's buildings

RESOLVED on the motion of Cr Fitzpatrick and Seckold

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

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

198/16

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.      That Council accept the tender from MBM in relation to RFT 78/16 for Consultants Brief - Buildings Condition Assessment & Quantity Survey for Bega Valley Shire for the tendered price of $154,970.00 (including GST).

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

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

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

15.

Adoption of reports from Standing Committees

199/16

RESOLVED on the motion of Crs Seckold and Griff

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, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

18.1

Constitutional Referendum - Popularly Elected Mayor (Cr Bain)

A motion was moved by Crs Bain and Fitzpatrick

That Council conduct a constitutional referendum in the period 2017 to April 2020, prior to the next Council elections in 2020, to consider the election by electors of the Mayor.

Cr Nadin requested the matter be deferred for the provision of more information about the background regarding other practices as well as the costs to run the referendum.

The motion was put to the vote and it was LOST

In favour:             Crs Fitzpatrick, Allen, Bain and Nadin

Against:                  Crs McBain, Tapscott, Seckold, Dodds and Griff

18.2

Hotel Australasia (Cr Bain)

Cr Bain asked for an extension of time of four minutes to allow her speak to her notice of motion for a period of nine (9) minutes.

RESOLVED on the motion of Crs Allen and Nadin

That Cr Bain be granted the extension of time.

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

A motion was moved by Crs Bain and Fitzpatrick

That Council hold a further Expression of Interest process for private development of the Hotel Australasia maintaining the laneway in public ownership and requiring the heritage restoration of the Imlay Street frontage. Further that no physical works commence on site until such time as Council has resolved its position on the outcome of the Expression of Interest process.

An amendment was moved by Cr Tapscott and Seckold

1.      That Council hold a further Expression of Interest process for the development of the Hotel Australasia site maintaining the laneway in public ownership and requiring the heritage restoration of Imlay street frontage.

2.      That Council continues to proceed with resolution 24/16 of the 24 February 2016, which was unanimously reconfirmed on 20 July 2016, to carry out the resolution in regards to demolish as required and restoration of the façade

The amendment was not accepted by Cr Bain

The amendment was put to the vote and it was LOST

In favour:             Crs Tapscott, Seckold, Dodds and Griff

Against:                  Crs McBain, Fitzpatrick, Allen, Bain and Nadin

Cr McBain proposed an amendment

That a second point be added to Cr Bain’s motion:

2.      That Eden’s Australia Inc be asked to continue to fundraise towards the restoration of the façade, until such time that the expression of interest is resolved.

The amendment was accepted by Crs Bain and Fitzpatrick.

The amended motion of Crs Bain and Fitzpatrick was put to the vote and it was CARRIED

200/16

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.      That Council hold a further Expression of Interest process for private development of the Hotel Australasia maintaining the laneway in public ownership and requiring the heritage restoration of the Imlay Street frontage. Further that no physical works commence on site until such time as Council has resolved its position on the outcome of the Expression of Interest process.

2.      That Eden’s Australia Inc be asked to continue to fundraise towards the restoration of the façade, until such time that the expression of interest is resolved.

In favour:       Crs McBain, Fitzpatrick, Allen, Bain and Nadin

Against:            Crs Tapscott, Seckold, Dodds and Griff

19.1

Cr Nadin - Estuary and Catchment Management

The response provided in the Agenda for this meeting was noted.

Adjournment Into Closed Session

201/16

RESOLVED on the motion of Crs Allen and Bain

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 (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).

22.1

Bega Land Matters

RESOLVED on the motion of Allen and Nadin

That Council note the resolution of the Closed Session.

In favour:             Crs McBain, Tapscott, Seckold, Fitzpatrick, Allen, Bain, Dodds, Nadin and Griff

Against:                  Nil

23.1

Resolutions to declassify reports considered in closed session

Council noted the resolution at Item 11.2

1.      That Council formally resolve to declassify the subject report and Attachments from the closed session meeting of 29 June 2016, regarding a property at 243 – 245 Newtown Road in Bega

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