1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

202/16

RESOLVED on the motion of Crs Nadin and Dodds

That the Minutes of the Ordinary Meeting and Closed Session held on 2 November 2016 as circulated, be taken as read and confirmed.

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

Against:                  Nil

6.1

White Ribbon Day

203/16

RESOLVED on the motion of Cr McBain

1.         That Council acknowledge the importance of a shared approach to tackling family violence and acknowledge that everyone has a role to play.

2.         That Councillors show their support through the following pledge:

             “I will stand up, speak out and act to prevent men's violence against women.”

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

Against:                  Nil

8.

Adjournment into Standing Committees

204/16

RESOLVED on the motion of Crs Allen and Tapscott

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

10.1

S355 Cemetery Committee Review

205/16

RESOLVED on the motion of Crs Tapscott and Seckold

1.    That the reported be noted.

2.    That Council adopt the S355 Cemetery Advisory Committee Model.

3.    That Council endorse the S355 Cemetery Advisory Committee Guidelines.

4.    That Council officers conduct a nomination process for membership to the Committee and report those nominations to Council.

5.    That Council formally thank past members of cemetery committees for their significant contribution.

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

Against:                  Cr Fitzpatrick

12.1

Naming of a laneway in Tathra and road in Eden

206/16

RESOLVED on the motion of Crs McBain and Seckold

1.         That Council approve the name ‘Dhurga Lane’ for an unnamed laneway that extends between Illoura Street and Kianinny Street in Tathra.

2.         That Council uphold the objections received regarding Sabina Way and Bertha Way and resolve to readvertise and notify affected properties of the proposal to name the road that extends north west off the Princes Highway in Eden as ‘Ironbark Way’.

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

Against:                  Nil

12.2

Pretty Point Bridge Truss Replacement

207/16

RESOLVED on the motion of Crs McBain and Allen

That the programmed works be carried out on the Pretty Point Bridge, using the Unibridge modular bridging system, without reinstating the timber trusses.

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

Against:                  Nil

12.3

Revitalisation of Bega Valley Shire Floodplain Risk Management Focus Group

Councillors were asked to indicate their interest in sitting on this focus group. 

208/16

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Cr Seckold and Cr Nadin be appointed as Councillor representatives for the Bega Valley Floodplain Risk Management Focus Group for the current term.

2.         That the tenure of community representatives to be aligned with the individual projects rather than Local Government election cycle for continuity and due to difficulties in obtaining suitable representatives.

3.         That the continuation of the current community representative from the Bega and Brogo River catchments be endorsed until the completion of the current Bega and Brogo Rivers Floodplain Risk Management Study and Plan project.

4.         That Council call for further expressions of interest for community representatives and State Agency representatives.

5.         That Council agree to make the final selection of any new representatives on the Focus Group and its technical sub-committee.

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

Against:                  Nil

12.4

Bermagui Men's Shed proposal to lease part of Old Bermagui Landfill Site

209/16

RESOLVED on the motion of Crs Allen and Bain

1.         Council to consult with the Bermagui Men’s Shed to determine the exact boundaries of the remediation area.

2.         A civil design is prepared for the site and a Development Application lodged for the remediation work.

3.         Subject to approval of the Development Application, that the remediation works are undertaken and financed from the Waste Management Reserve.

4.         Subject to approval of the Development Application, Council negotiate the terms of a long term lease to the Bermagui Men’s Shed.

5.         Subject to recommendations 1-4 above, that Council receive a further report to execute the lease.

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

Against:                  Nil

12.5

Bega Valley Local Traffic Committee

210/16

RESOLVED on the motion of Crs Allen and Nadin

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

Bega Town Block Party’ – 15 December 2016

1.         That, subject to conditions, Hill Street, Bega be temporarily closed between the intersections of Auckland Street and Peden Street between 12pm and 12am on Thursday, 15 December 2016 for the ‘Bega Town Block Party’ event.

2.         That the proposed traffic arrangements involving the temporary closure of Hill Street, Bega for the ‘Bega Town Block Party’ event on Thursday, 15 December 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 Traffic Control Manual.

3.         That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW Roads and Maritime Services 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 Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

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

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

Merimbula Late Night Shopping – 17 December 2016

1.         That, subject to conditions, Beach Street, Merimbula be temporarily closed between the intersections of Market Street and Alice Street between 2pm and 8pm on Saturday, 17 December 2016 for the ‘Our Merimbula Late Night Shopping’ event.

2.         That the proposed traffic arrangements involving the temporary closure of the section of Beach Street, Merimbula for the ‘Our Merimbula Late Night Shopping’ event on Saturday, 17 December 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 Traffic Control Manual.

3.         That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW Roads and Maritime Services 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 Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

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

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

Bermagui Artisan Markets – 17 December 2016

1.         That, subject to conditions, a portion of the unnamed laneway between Wallaga Lake Road and Wapengo Street, Bermagui be temporarily closed between 7am and 4pm on Saturday, 17 December 2016 for the Bermagui Artisan Market event.

2.         That the proposed traffic arrangements involving the temporary closure of the section of unnamed laneway between Wallaga Lake Road and Wapengo Street, Bermagui for the Bermagui Artisan Market event on Saturday, 17 December 2016, be deemed a Class 3 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services Traffic Control Manual.

3.         That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW Roads and Maritime Services 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 Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

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

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

Against:                  Nil

13.1

Internal Audit Committee Annual Report

03:03 pm       Cr Nadin left the meeting.

03:05 pm       Cr Dodds left the meeting.

03:06 pm       Cr Nadin returned to the meeting.

03:07 pm       Cr Dodds returned to the meeting.

211/16

RESOLVED on the motion of Crs McBain and Seckold

That Council endorses the Internal Audit Committee annual report 2015/16.

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

Against:                  Nil

13.2

Formation of Future Planning Focus Groups

212/16

RESOLVED on the motion of Crs McBain and Griff

1.    That Council advertise broadly for a period of 28 days for public nominations to the future planning focus groups as outlined in this report and the tabled memo.

2.    That Council prepare a statement of framework for the Focus Group that identifies their input into the process being non-binding on Council decision making

3.    That the focus group come back with one part of a many pronged input into Council’s  Community Strategic Plan and Delivery Plan .

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

Against:                  Cr Bain

13.3

Actions from resolutions of Council - Status Report

213/16

RESOLVED on the motion of Crs Nadin and Seckold

That Council note the status reports on actions from Council’s Resolutions for the period 1 July 2016 to 30 September 2016.

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

Against:                  Nil

Absent:                    Cr Griff

13.4

2015 - 16 Annual Report

03:45 pm       Cr Griff returned to the meeting.

214/16

RESOLVED on the motion of Crs McBain and Allen

That the 2015-16 Annual Report be endorsed for publishing on Council website, provision of hard copies to Bega Valley Shire Council library branches and lodged with the NSW Office of Local Government.

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

Against:                  Nil

14.1

Presentation of Audited Financial Statements for the year ended 30 June 2016

The Chair asked the Director Strategy and Business Services to speak to the report.

Mr Scarpin addressed the Council and responded to questions from Councillors

215/16

RESOLVED on the motion of Crs McBain and Seckold

That Council note the tabled audited 2016 Financial Statements.

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

Against:                  Nil

14.2

Quarterly Budget Review Statement (QBRS) at September 2016

216/16

RESOLVED on the motion of Crs McBain and Nadin

1.         That Council note and endorse the September 2016 Quarterly Budget Review Statement (QBRS).

2.         That Council adopt the variances to its operating budget as outlined in the QBRS.

3.         That Council place the QBRS for September 2016 on its website for public information.

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

Against:                  Nil

15.

Adoption of reports from Standing Committees

217/16

RESOLVED on the motion of Crs Allen and Tapscott

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

Against:                  Nil

16.1

Local Government NSW Annual Conference 2016

The report that formed part of the Agenda for the Council Meeting 23 November, 2016 was noted

18.1

East West transport corridor - Imlay Road

Cr Tapscott spoke to her motion.

A motion was moved Crs Tapscott and Cr Allen

That Bega Valley Shire Council write to our Local Member, The Hon Andrew Constance, Minister for Transport and Infrastructure requesting he formally investigate the possibility of designating Imlay Road, as a State road managed by the Roads and Maritime Service, with the intention of making it the primary East/West corridor, feeding into the Hume Highway through the ACT for the purpose of relieving the Far South Coast’s reliance on the Snowy Mountains Highway

Cr McBain moved the following amendments, seconded by Cr Dodds

That Bega Valley Shire Council write to our Local Member, The Hon Andrew Constance, Minister for Transport and Infrastructure requesting that he formally investigate the best East/West corridor link feeding into the Hume Highway for passenger and freight movements including Imlay Road, Mt Darragh Road and Brown Mountain with the best option being designated as a state managed road by Roads and Maritime Services.

The amendment was put to the vote and it was CARRIED

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

Against:                  Cr BainThe amendment was accepted by Cr Tapscott.

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

218/16

RESOLVED on the motion of Crs McBain and Dodds

That Bega Valley Shire Council write to our Local Member, Hon Andrew Constance, Minister for Transport and Infrastructure requesting that he formally investigate the best East/West corridor link feeding into the Hume Highway for passenger and freight movements including Imlay Road, Mt Darragh Road and Brown Mountain with the best option being designated as a state managed road by Roads and Maritime Services.

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

Against:                  Cr Bain

18.2

Littleton Gardens Toilets

A motion was moved by Crs Allen and Bain.

That Council identify funding for the building of the toilet block in Littleton Gardens Bega in keeping with the Resolution of 2012 and staff identify priority relocation sites for the current facility.

Cr Tapscott foreshadowed a motion.

That before of any significant expenditure is allocated to any public toilet project by Bega Valley Shire Council, a report be prepared by staff on the current status of the public toilets within the Shire, similar to the report the Councillors of the last term received early in their term, and a workshop be convened to discuss the report.

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

In favour:             Crs Fitzpatrick, Bain and Allen

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

The foreshadowed motion moved by Cr Tapscott and seconded by Cr Seckold.

The motion was put to the vote and it was:

219/16

RESOLVED on the motion of Crs Tapscott and Seckold

That before of any significant expenditure is allocated to any public toilet project by Bega Valley Shire Council, a report be prepared by staff on the current status of the public toilets within the Shire, similar to the report the Councillors of the last term received early in their term, and a workshop be convened to discuss the report.

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

Against:                  Nil

18.3

Works on Land purchased by Council at  77 - 79 Auckland Street, Bega

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

That Council identify funding and proceed to prepare 77-79 Auckland Street, Bega for its intended purpose as a car park.

An amendment was suggested and accepted by Crs Allen and Fitzpatrick.

That Council receive a report and identify funding sources and process to achieve the most expeditious method to proceed to prepare 77-79 Auckland Street, Bega for its intended purpose as a car park.

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

220/16

RESOLVED on the motion of Crs Allen and Fitzpatrick

That Council receive a report and identify funding sources and process to achieve the most expeditious method to proceed to prepare 77-79 Auckland Street, Bega for its intended purpose as a car park.

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

Against:                  Nil

18.4

Eden Pool heating

A motion was moved by Cr Bain

That Council officers investigate the cost and report back in February on a range of methods to heat the Eden pool including geo thermal, solar and heat pumps.

An amendment was moved by Cr McBain.

That Council staff provide a report to feed in to the Aquatic Services Strategy about the different types of heating methods and their costs for possible implementation in Council pools

The amendment was accepted by Cr Bain.

221/16

RESOLVED on the motion of Crs Bain and McBain

That Council staff provide a report to feed in to the Aquatic Services Strategy about the different types of heating methods and their costs for possible implementation in Council pools.

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

Against:                  Nil

19.1

Aquatic Facilities Review update

The report that formed part of the Agenda for the Council Meeting 23 November, 2016 was noted.

20.1

Tathra Headland Pathway

Cr Griff asked could Council staff investigate the possibility of allocating $40,000 towards The Tathra Headland Pathway planning requested in recent discussions with the Tathra Headland Access Group, to enable the project to become shovel ready, and the impact of that allocation on other projects.

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

20.2

Timing for roadworks including maintenance

Cr Nadin asked a question of the Director Transport and Utilities being:

In light of the decision to commence road works near Merimbula bridge on the day the Merimbula Classic competition starts, a decision that has rightly attracted the ire of locals, what is the department's process to identify best timing to commence works like this on arterial roads; and what can be done to prevent this from happening in the future.

The Director Transport and Utilities advised that Council works staff look at the Council website where community groups are encouraged to advertise their events.  He advised that no event had been entered for that day.

Mr Dodds advised that three jobs have been planned for the Contractor and that the stabilising work between the Merimbula Bridge and Lakeview Hotel will be completed later in the week.  There will be no impact on the event.

The General Manager noted with the media present that they encourage the community to provide information to Council on events and activities to assist both Council staff, other community members and groups and visitors to the area to have a readily accessible site for information on community events.  This can be done directly on line at Council’s website.

20.3

Bega Memorial Clock

Cr Seckold asked a question regarding the Bega Memorial Clock.  When will the clock hands which have been removed for repairs be returned?

When will an engineer be engaged to investigate options to move the clock?

Mr Dodds advised that the initial engineering investigation that has been done may have omitted information regarding risk of the masonry cracking.  The cost will need to allow for logistics to mitigate the risks on tensile cracking and tension cracking and he will ensure this is communicated to any independent engineering investigation.

Mr Dodds advised there are very few qualified clock repairers available.  The parts required are no longer readily available.  The repairer that has been engaged will ensure the heritage features of the mechanism are maintained during any repairs.  The repairer will be able to install a mechanism that will allow automatic computer adjustment to accommodate daylight saving times.

Adjournment Into Closed Session

222/16

RESOLVED on the motion of Crs Tapscott and Seckold

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 (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

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

Against:                  Nil

Absent:                    Cr Bain

22.1

Sewerage Treatment Plant Operational Options

223/16

RESOLVED on the motion of Crs Nadin and Seckold

That Council note the resolution of the Closed Session.

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

Against:                  Nil

22.2

Bega Land Matters

224/16

RESOLVED on the motion of Crs Allen and Nadin

That Council note the resolution of the Closed Session.

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

Against:                  Nil