Ordinary Meeting Minutes

Held on Wednesday 14 December 2016

At Council Chambers, Bega Commencing at 2.00 PM

 


 Present

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

 

 In Attendance

General Manager, Ms Leanne Barnes

Director, Transport and Utilities, Mr Terry Dodds

Director, Planning and Environment, Mr Andrew Woodley

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, Mrs Janelle Curtis and Ms Kelly McDowall

 

 

Statement of Commencement of Live Streaming

Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded. The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Acknowledgement of Traditional Custodians of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.

The Mayor thanked Councillors, staff and the minute secretaries for their work over the year.  She acknowledged the volunteers and emergency services for their contributions and Council staff who are on call over Christmas and New Year.  She wished everyone a safe and happy Christmas whether you celebrate or not.

1.

Apologies

 

There were no apologies.

 

2.

Confirmation of Minutes

 

RESOLVED on the motion of Crs Bain and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 23 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

 

 

 

3.    Declarations

There were no declarations of interest

Non Pecuniary Interest

Cr Fitzpatrick declared non pecuniary interest regarding Item 9.1, 12 Lot Subdivision Lot 71 DP 1074392 and Lot 341 DP 1222135 - 243 Mount Darragh Road and 12 Redfern Close, South Pambula on the basis that he is employed by the applicants company.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting Cr Fitzpatrick will depart the meeting room, taking no part in debate or voting on this item.

Cr Seckold declared a non-pecuniary interest regarding Item 9.2, South Bega Industrial Lands Planning Proposal - Results of Public Exhibition on the basis that she is a member of the Friends of the Old Bega Hospital.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register, noting Cr Seckold will remain in the meeting room, and take part in debate and voting.

Cr Seckold declared non pecuniary interest regarding Item 18.2, Safe Schools Coalition Australia (SCCA) on the basis that her daughter is employed as a strategic policy maker for the Federal Department of Education at present working on the SSCA.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register, noting Cr Seckold will remain in the meeting room, and take part in the debate and voting.

4.        Deputations (by prior arrangement)

4.1

Deputation requests already received

 

Item No 9.2. South Bega Industrial Lands Planning Proposal - Results of Public Exhibition

•     Mr Gerry Tarlinton, on behalf of L K Blacker & Sons

Item No 9.3 Finalisation of Amendment to Local Environmental Plan 2013 - Bournda Downs, Sapphire Coast Drive, Wallagoot

•     Mr Doug Reckord

Item No 9.6.DA No. 2014.430: Modification to Development Consent - Cattle Bay Marina Development:

          Mr Mike Skitt, on behalf of Eden Resorts Hotel and Marina Developments

 

Mr Gerry Tarlinton addressed Council and responded to questions from Councillors.

Mr Doug Reckord addressed Council and responded to questions from Councillors.

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That an extension of time of two minutes be granted to Mr Reckord to complete his address.

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

Against:         Nil

Mr Doug Reckord addressed Council for an extension of time of two minutes and responded to questions from Councillors.

Mr Mike Skitt addressed Council and responded to questions from Councillors.

RESOLVED on the motion of Crs Tapscott and Seckold

That an extension of time of two minutes be granted to Mr Skitt to complete his address.

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

Against:         Nil

Mr Mike Skitt addressed Council for an additional two minutes and responded to questions from Councillors.

4.2

Suspension of Standing Orders

 

A motion was moved by Crs Fitzpatrick and Seckold.

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

Item No 10.4        Coastal Accessibility Project and Master Plans 

•     Mr Paul Blacka, on behalf of the Bermagui Big Game Angling Club Inc (BBGAC)

Item No 18.2        Cr Cathy Griff - Safe Schools Coalition Australia (SCCA)

•     Ms Tamara Ryan was an apology for the meeting due to illness.

Item No 19.2   Questions on Notice - Tathra Headland Path budget allocation

•     Ms Christine Hamilton

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

Against:                  Nil

Mr Paul Blacka addressed Council and responded to questions from Councillors.

Ms Christine Hamilton addressed Council and responded to questions from Councillors.

The Mayor thanked those persons addressing Council

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

6.1

Section 64 contributions

 

A motion was moved by Crs McBain and Nadin

 

Recommendation

1.      That Council receive a report on a deferral scheme of Section 64 and with the report to consider alternate methods of levying such charges and the history of payments received.

2.    That Council receive an update on the recently introduced Section 94 and 94A plans as previously resolved.

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

Against:                  Cr Allen

 

7.          Urgent Business

There was no urgent business.

8.

Adjournment into Standing Committees

225/16

RESOLVED on the motion of Crs Tapscott and Seckold

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

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

Against:                  Nil

2.59 pm         The Ordinary meeting adjourned and formed in the committee.

9.    Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, Cr Seckold assumed the chair for this section of the agenda.

9.1

12 Lot Subdivision Lot 71 DP 1074392 and Lot 341 DP 1222135 - 243 Mount Darragh Road and 12 Redfern Close, South Pambula

 

Cr Fitzpatrick declared a non pecuniary interest regarding Item 9.1, 12 Lot Subdivision Lot 71 DP 1074392 and Lot 341 DP 1222135 - 243 Mount Darragh Road and 12 Redfern Close, South Pambula on the basis that he is employed by the applicants company.  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.

02:59 pm       Cr Fitzpatrick left the meeting.

 

226/16

RESOLVED on the motion of Crs Tapscott and Bain

1.         That Development Application 2016.237 for a 12 Lot Industrial Subdivision of Lot 71 DP 1074392 and Lot 341 DP 1222135 at 243 Mount Darragh Road and 12 Redfern Close, South Pambula be approved subject to the conditions contained within the Draft Consent attached to this report.

2.         That the author of the submission be notified of Council’s determination.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

 

03:02 pm       Cr Fitzpatrick returned to the meeting.

 

9.2

South Bega Industrial Lands Planning Proposal - Results of Public Exhibition

 

 

Cr Seckold declared a non pecuniary interest regarding Item 9.2, South Bega Industrial Lands Planning Proposal - Results of Public Exhibition on the basis that she is a member of The Friends of the Old Bega Hospital.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register.

Cr Seckold remained in the meeting room and took part in debate and voting

 

RESOLVED on the motion by Crs Fitzpatrick and Griff.

That the matter be heard today.

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

Against:                  Nil

 

227/16

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.         That Council resolves to zone the following land Light Industrial (IN2); Lots 1, 2, 3 DP 1077434, Lot 242 DP 750190, Lot 297 DP 728021, Lots 2381 & 2382 DP 873277, Lots 7005 & 7006 DP 1057325, Lot 2492 DP 732066, Lot 1 DP 502251 in accordance with Figure 2 of this report.

2.         That Council resolves to zone the following land Special Purposes (SP2) – Infrastructure; Lot 250 DP 750190.

3.         That Council proceed to finalise the amendment to Bega Valley Local Environmental Plan 2013 (Amendment No. 21) in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

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

Against:                  Crs Seckold and Dodds

 

9.3

Finalisation of Amendment to Local Environmental Plan 2013 - Bournda Downs, Sapphire Coast Drive, Wallagoot

 

RESOLVED on the motion of Crs Fitzpatrick and Allen.

The matter be dealt with today.

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

Against:                  Crs Griff and Dodds

 

RESOLVED on the motion of Crs McBain and Fitzpatrick

That the recommendation be put.

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

Against:                  Crs Griff and Dodds

 

228/16

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council resolves to zone Lots 34 DP 875572, Lot 42 DP 815711 and Lot 85 DP 750194  Sapphire Coast Drive, Wallagoot to a combination of Environmental Living (E4), Environmental Management (E3) and Rural Landscape (RU2), with minimum lot sizes of 2ha and 40ha being applied in accordance with Figure 2 of this report.

2.    That Council proceed to finalise the amendment to Bega Valley Local Environmental Plan 2013 (Amendment No. 22) in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental and Planning Act 1979.

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

Against:                  Crs Griff and Dodds

 

9.4

Finalisation of Amendments to Local Environment Plan 2013 - Undefer Various Sites

229/16

RESOLVED on the motion of Crs McBain and Bain

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 Zone (RU1) with a Minimum Lot Size of 120 Hectares

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

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

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

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

f)                Lot 5 DP 1021345, Princes Highway, Wolumla

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

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

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

2.         That Council proceeds to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 23) in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

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

Against:                  Nil

 

9.5

Entrance Management Policies for BVSC Lakes and Lagoons     

 

A motion was moved by Crs Allen and McBain.

That Council approve the Entrance Management Policies for: Wallaga Lake; Cuttagee Lake; Bega River; Wallagoot Lake; Back Lake; and Curalo Lagoon as tabled and the Policies be placed on Council’s website.

 

Cr Bain proposed an amendment to the motion to include an additional item:-

That Council develop a communications plan, with relevant stakeholders for each lake, to be completed in the first quarter of 2017.

 

Crs Allen and McBain agreed to the amendment.

230/16

RESOLVED on the motion of Crs Allen and McBain

1.          That Council approve the Entrance Management Policies for: Wallaga Lake; Cuttagee Lake; Bega River; Wallagoot Lake; Back Lake; and Curalo Lagoon as tabled and the Policies be placed on Council’s website.

2.          That Council develop a communications plan, with relevant stakeholders for each lake, to be completed in the first quarter of 2017.

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

Against:                  Nil

 

9.6

Modification to Development Consent - Cattle Bay Marina Development

 

RESOLVED on the motion of Crs Fitzpatrick and Griff.

That the matter be dealt with today.

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

Against:                  Crs Tapscott, Dodds and Allen

231/16

RESOLVED on the motion of Crs Bain and Nadin

1.         That the application lodged pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979 and seeking to modify Deferred Development Consent 2014.430 be determined as detailed in Attachment 6.

2.         That Council issue a Notice of Determination pursuant to Section 122 of the Environmental Planning and Assessment Regulation 2000.

3.         That Council notify relevant State Agencies and those persons who made a submission, during the public exhibition of the modification application, of Council’s decision.

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

Against:                  Crs Griff, Tapscott, Dodds and Allen

 

9.7

The 25th Annual NSW Coastal Conference

232/16

RESOLVED on the motion of Crs McBain and Bain

1.       That Council notes the key outcomes of the NSW Coastal Conference and implications and opportunities applicable to Bega Valley Shire.

2.       That Council endorses the hosting of the 2018 NSW Coastal Conference.

3.       That Council foreshadows its attendance at the 2017 NSW Coastal Conference in Port Stephens and the 2018 Australian Coastal Conference in Hobart.

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

Against:                  Nil

 

9.8

Confirmation of Proposed Minimum Lot Size - Tathra River Estate Stage 3

233/16

RESOLVED on the motion of Crs McBain and Allen

1.         That Council advise the Department of Planning and Environment that it confirms its previous Resolution with regard Tathra River Estate as follows:

a)         Tathra River Estate, Thompsons Drive, Tathra Lot 2 DP 582074; apply R5, E2 and RE1 zonings and minimum lot size of 1 hectare (R5).

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

Against:                  Nil

 

9.9

NSW Coastal Management Reforms - Draft State Environmental Planning Policy

234/16

RESOLVED on the motion of Crs Bain and Griff

1.         That Council notes the current status of the NSW Coastal Reforms.

2.         That officers prepare a submission to the draft Coastal Management State Environmental Planning Policy based on the issues highlighted in this report and forward it to the NSW Department of Planning and Environment within the Public Exhibition period.

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

Against:                  Nil

 

4.07 pm        The meeting was adjourned at 4.07 pm.

4.20 pm        The meeting reconvened at 4.20pm.

10.  Staff Reports – Community, Culture and Leisure (Liveability)

In accordance with Council’s Code of Meeting Practice, Cr Griff assumed the chair for this section of the agenda.

10.1

National Youth Week 2017 Grants

 

RESOLVED on the motion of Crs Allen and Dodds.

1.    That Council note the report.

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

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

Against:                  Nil

235/16

RESOLVED on the motion of Crs Dodds and Allen

1.         That Council make the following allocations through the National Youth Week 2017 Small Grants program for a total of $4675:

·         Bermagui Youth Music Auspice: South East Arts (NSW) Inc.                         $1000

·         Cobargo Scout Group                                                                                                    $1000

·         Funhouse Studio Auspice: PCYC                                                                               $1000

·         Pambula Wetlands and Heritage Project Inc.                                                      $675

·         Wandarma                                                                                                                         $1000

2.         That all applicants are advised of the outcome.

3.         That the Councillor only attachment be declassified and made available to the public.

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

Against:                  Nil

 

10.2

Seniors Festival 2017 Grants 

 

A motion was moved by Crs Allen and Bain.

That Council note the report and accept the recommendations excluding items 4 and 5 from the confidential memorandum.

 

A motion was foreshadowed by Crs McBain.

That Council note the report and accept the recommendations from the confidential memorandum.

 

Cr Allen withdrew his motion.

 

RESOLVED on the motion of Crs Nadin and Seckold

That Council move Item 10.2 to closed session for discussion as the matter relates to personnel matters concerning particular individuals (other than councillors),

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

Against:                  Crs Fitzpatrick, Griff, Tapscott and Dodds

 

10.3

Community Project Proposals

 

A motion was moved by Crs Nadin and Seckold

1.      That Council note the report.

2.      That Council note the Community Project Proposals reviewed and approved by officers:

a.      The Bermagui Cricket Club - Stage 1 of the Dickinson Oval Cricket Nets Upgrade (Berm1);

b.      Pambula Cricket Club for the Replacement Cricket Pitch – Pambula Sporting Complex (Mer1);

c.      Merimbula & Pambula Rotary for the Access Path to Fishpen Toilets (Mer2);

d.      Merimbula Sailboard Club for Enhancing Food Preparation Area (Mer3);

e.      Merimbula Sailboard Club for Protecting BBQ From the Elements (Mer4);

f.       Merimbula & Pambula Rotary for Footpaths Connecting Ocean Drive to Calendo Court and Burton Avenue (Mer5); and

g.      Eden Swimming Club for Tree Wind Break – Eden Pool (Eden2).

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

a.      That Council provide support to the Bermagui Cricket Club for Stages 2 and 3 of the Dickinson Oval Cricket Nets Upgrade (Berm1) and write to the applicant formalising support to enable the applicant to investigate other funding opportunities.

b.      That Council acknowledge the merit of the On Track proposal for External Electricity Outlets (Bega1); however note there is no current funding allocation.

c.      That Council support the BRAWL proposal for the Spenco Lagoon Community Path (Bega2) and subject to required project information being provided, officers work with the group to further develop and explore the proposal and enable the applicant to investigate other funding opportunities.

d.      That Council note the actions taken and feedback provided to Wonboyn Ratepayers Association Wonboyn Road Beautification (Eden1) and that no funding be provided as the works are on private land and works are not linked to BVSC planned or programed works.  

4.         Allocate funding of $36,500 plus GST towards Tathra Headland and Wharf Access Group's proposal for the Tathra Headland Pathway Design planning and defer the Thatcher’s Flat bridge construction from the 2016-17 budget.

The motion was put the vote and LOST

In favour:             Crs Nadin, Griff, Seckold and Dodds

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

A motion was foreshadowed by Crs Bain and McBain

1.          That Council note the report.

2.          That Council note the Community Project Proposals reviewed and approved by officers:

a.       The Bermagui Cricket Club - Stage 1 of the Dickinson Oval Cricket Nets Upgrade (Berm1);

b.       Pambula Cricket Club for the Replacement Cricket Pitch – Pambula Sporting Complex (Mer1);

c.        Merimbula & Pambula Rotary for the Access Path to Fishpen Toilets (Mer2);

d.       Merimbula Sailboard Club for Enhancing Food Preparation Area (Mer3);

e.       Merimbula Sailboard Club for Protecting BBQ From the Elements (Mer4);

f.        Merimbula & Pambula Rotary for Footpaths Connecting Ocean Drive to Calendo Court and Burton Avenue (Mer5); and

g.       Eden Swimming Club for Tree Wind Break – Eden Pool (Eden2).

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

a.       That Council provide support to the Bermagui Cricket Club for Stages 2 and 3 of the Dickinson Oval Cricket Nets Upgrade (Berm1) and write to the applicant formalising support to enable the applicant to investigate other funding opportunities.

b.       That Council acknowledge the merit of the On Track proposal for External Electricity Outlets (Bega1); however note there is no current funding allocation.

c.        That Council support the BRAWL proposal for the Spenco Lagoon Community Path (Bega2) and subject to required project information being provided, officers work with the group to further develop and explore the proposal and enable the applicant to investigate other funding opportunities.

d.       That Council note the actions taken and feedback provided to Wonboyn Ratepayers Association Wonboyn Road Beautification (Eden1) and that no funding be provided as the works are on private land and works are not linked to BVSC planned or programed works. 

4.          That a report be presented to Council on 22 February identifying potential funding sources and including feedback from community consultation undertaken for the Tathra Headland Pathway planning and design.

 

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

236/16

RESOLVED on the motion of Crs Bain and McBain

1.          That Council note the report.

2.          That Council note the Community Project Proposals reviewed and approved by officers:

a.          The Bermagui Cricket Club - Stage 1 of the Dickinson Oval Cricket Nets Upgrade (Berm1);

b.         Pambula Cricket Club for the Replacement Cricket Pitch – Pambula Sporting Complex (Mer1);

c.          Merimbula & Pambula Rotary for the Access Path to Fishpen Toilets (Mer2);

d.         Merimbula Sailboard Club for Enhancing Food Preparation Area (Mer3);

e.         Merimbula Sailboard Club for Protecting BBQ From the Elements (Mer4);

f.          Merimbula & Pambula Rotary for Footpaths Connecting Ocean Drive to Calendo Court and Burton Avenue (Mer5); and

g.          Eden Swimming Club for Tree Wind Break – Eden Pool (Eden2).

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

a.          That Council provide support to the Bermagui Cricket Club for Stages 2 and 3 of the Dickinson Oval Cricket Nets Upgrade (Berm1) and write to the applicant formalising support to enable the applicant to investigate other funding opportunities.

b.         That Council acknowledge the merit of the On Track proposal for External Electricity Outlets (Bega1); however note there is no current funding allocation.

c.          That Council support the BRAWL proposal for the Spenco Lagoon Community Path (Bega2) and subject to required project information being provided, officers work with the group to further develop and explore the proposal and enable the applicant to investigate other funding opportunities.

d.         That Council note the actions taken and feedback provided to Wonboyn Ratepayers Association Wonboyn Road Beautification (Eden1) and that no funding be provided as the works are on private land and works are not linked to BVSC planned or programed works. 

4.          That a report be presented to Council on 22 February identifying potential funding sources and including feedback from community consultation undertaken for the Tathra Headland Pathway planning and design.

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

Against:                  Nil

 

10.4

Coastal Accessibility Project and Master Plans

 

The chairperson asked if any new matters had been raised in the deputation to Council on this matter.  The Director Community Relations and Leisure noted the deputation was in particular about the boat ramp and that the focus of the proposal was to improve access to facilities for persons with a disability.  He noted that the Bermagui Big Game Anglers Club had input into the proposal and changes had been made to reflect that input prior to presentation to Council.  He noted this is an overarching masterplan and not a detailed design.  The comments made could be considered and further engagement undertaken during the detailed design process.

 

Cr Fitzpatrick requested  a motion that the Bruce Steer Pool be excluded from today’s decision.

 

RESOLVED on the motion of Crs McBain and Griff

That the matter be dealt with today

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

Against:                  Nil

 

A motion was moved by Cr Allen seconded Cr Griff

1.    That Council note the report.

2.    That any decision on the Bruce Steer Pool be deferred until a site visit is undertaken by Councillors and a further report presented to Council.

3.      That Council adopt the Coastal Accessibility Master Plans for Short Point in Merimbula and Pambula Beach Reserve at Pambula Beach

4.      That stakeholders be notified and thanked for their interest and input into the planning project.

Cr Nadin requested an additional point:  That stakeholders be consulted during the design phase and notified before works commence.

Cr Fitzpatrick requested an additional point:  That public consultation be undertaken in regard to naming of the reserve at Pambula Beach, for consideration (insert name).

Cr McBain requested an additional point:

That detailed design proposal for be presented to Councillors and the community prior to any implementation of works.

 

The motion was put to the vote and it was CARRIED

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

Against:                  Cr Bain

237/16

RESOLVED on the motion of Crs Allen and Griff

1.      That Council note the report.

2.      That any decision on the Bruce Steer Pool be deferred until a site visit is undertaken by Councillors and a further report presented to Council.

3.      That Council adopt the Coastal Accessibility Master Plans for Short Point in Merimbula and Pambula Beach Reserve at Pambula Beach

4.      That stakeholders be notified and thanked for their interest and input into the planning project.

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

Against:               Cr Bain

 

11.  Staff Reports – Economic Development and Business Growth (Enterprising)

In accordance with Council’s Code of Meeting Practice, Cr Nadin assumed the chair for this section of the agenda.

11.1

Classification of land recently acquired by Council

238/16

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.         That Council note a 28 days public notification process was completed regarding the proposal to classify Lot 1 DP 995527 acquired at Bega as Operational land, with no submissions received.

2.         That Council resolve to classify Lot 1 DP 995527 at Bega as Operational Land under Section 31 of the Local Government Act 1993.

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

Against:                  Nil

 

11.2

Lease to Bermagui Pre School

239/16

RESOLVED on the motion of Crs Fitzpatrick and Griff

1.      That Council, as Reserve Trust Manager of The Bermagui Pre School (R89619) Reserve Trust, resolve to enter into a further 10 year lease agreement with the Bermagui Pre School Co-operative Society Limited for the occupation of the site located on Crown Reserve 89619 at Bermagui at the annual rental fee of $518.10 per annum, increased by CPI on each anniversary.

2.      That authority be given to the Mayor and General Manager to execute the lease agreement.

3.      That in accordance with the requirements of the Crown Lands Act, Council obtains the Minister’s formal Consent to enter into the lease agreement.

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

Against:                  Nil

 

11.3

Bega Valley Economic Summit Report

240/16

RESOLVED on the motion of Crs Bain and Tapscott

That Council note the report on the Bega Valley Economic Summit.

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

Against:                  Nil

 

11.4

Request to lease a section of unformed road reserve and permanent road closure at Bermagui

 

05:38 pm       Cr Griff left the meeting.

241/16

RESOLVED on the motion of Crs Seckold and Griff

1.      That Council publicly advertise the proposal to lease a section of surplus road reserve adjoining Lot 6 Section 17 DP 758095, Bunga Street at Bermagui to Mr Andrew Haydon and that a notice be served on the owners of land adjoining the section of Murrah Street the subject of the proposal, allowing a period of 28 days for any submissions to be received.

2.      That if any submissions are received, a further report be prepared for Council’s consideration.  Alternatively, if no submissions are received and the Development Application receives consent, Council approve a two year lease to Mr Haydon of a 253.5m2 section of the road reserve adjoining his above property at current market rental value.

3.      That Council, as the roads authority, cause notice of the grant of any lease in the local newspaper under Section 156 of the Roads Act 1993.

4.      That Council also approve in-principle the proposal for permanent closure of this section of Murrah Street in Bermagui and that Council officers commence assessment of the road closure application following execution of the interim two year lease.

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

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

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

Against:                  Cr Fitzpatrick

Absent:                    Cr Griff

 

11.5

Community Consultation - Air Service deregulation

242/16

RESOLVED on the motion of Crs Tapscott and McBain

That Council note the report and the submissions that will be forwarded to the NSW Department of Transport and Infrastructure.

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

Against:                  Nil

Absent:                    Cr Griff

05:41 pm          Cr Griff returned to the meeting.

11.6

EOI 104/16 142-144 Imlay St. Eden Purchase, restoration and other conditions of sale     

 

A motion was moved by Crs Bain and Allen

That Council move to a selective tender process and invite all parties who submitted EOIs to participate in the selective tender process.

A motion was foreshadowed by Cr  Tapscott and Seckold.

That the matter be deferred to closed session

 

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 was put to the vote and it was:

243/16

RESOLVED on the motion of Crs Tapscott and Seckold

That the matter be deferred to closed session as the matter contains:

(d)  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,

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

Against:           Nil

5.45 pm        A brief adjournment was called by the chairperson reconvening at 5.50 pm

 

12.  Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, Cr Fitzpatrick assumed the chair for this section of the agenda.

12.1

Proposed new road names in Bermagui

244/16

RESOLVED on the motion of Crs Tapscott and McBain

1.      That Council note the proposed road name of Sea Lace Lane which extends between Wallaga Lake Road and Wapengo Street in Bermagui has now been readvertised as McIntosh Lane, with letters also being sent to adjoining property owners notifying them of the proposal.

2.      That Council note consultation has occurred with the Bermagui Historical Society in regards to the naming of two other lanes and one road in Bermagui, namely Posidonia Esplanade, Durvillaea Lane and Laurencia Lane, all based on the marine environment theme, and that approval has been received from the Historical Society to now formally Gazette all three road names.

3.      That Council approve the naming of the above roads in Bermagui and Council officers notify the Geographical Names Board of New South Wales to formally Gazette the names as indicated above.

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

Against:                  Nil

Absent:                    Crs Nadin, Seckold and Allen

 

5.51 pm        Cr Nadin Seckold and Griff returned to the meeting room

 

12.2

Bega Valley Local Traffic Committee

 

Cr Allen commented Councillors should visit the site at Bunga Street Bermagui – to view the new time restricted parking area.

245/16

RESOLVED on the motion of Crs McBain and Seckold

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

4.1    Bunga Street, Bermagui – Time Restricted Parking

1.         That a decision be deferred until a report can be provided by Council staff, outlining Bermagui Medical Centre compliance with DA Conditions, relating to their onsite car park.

4.2    Tathra Mountain Bike Enduro

1.         That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 10 June and Sunday, 11 June 2017 be approved. If the event is unable to proceed on Saturday, 10 June and Sunday, 11 June 2017, then Saturday, 26 August and Sunday, 27 August 2017 be approved as alternate dates for the event.

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;

b)        NSW National Parks and Wildlife Service; and

c)         NSW Department of Primary Industries, Crown Lands.

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.

4.3    Bermagui Seaside Fair Street Parade – 11 March 2017

1.         That, subject to conditions, Pacific Drive, Bermagui from Endeavour Point Headland be temporarily closed between 9am and 11.30am on Saturday, 11 March 2017 for the Bermagui Seaside Fair street parade.

2.         That, subject to conditions, Lamont Street, Bermagui between the intersections of Montague Street and Wallaga Street be temporarily closed between 9am and 11.30am on Saturday, 11 March 2017 for the Bermagui Seaside Fair street parade.

3.         That the proposed traffic arrangements involving the temporary closure of Pacific Drive and Lamont Street, Bermagui for the Bermagui Seaside Fair street parade on Saturday, 11 March 2017, 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.

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 Police approval prior to conducting the event.

4.4    Market Street, Merimbula – Proposed Changes to Parking

1.         Council approve the installation of a No Stopping zone in Market Street, Merimbula replacing the existing 2 x 1P parking spaces located in front of the Merimbula McDonalds Restaurant, commencing at a point 34.5 metres from the intersection point of the southern kerb line of Monaro Street and Market Street, for a length of 15 metres south.

2.         Council approve the installation of a No Stopping zone in Market Street, Merimbula replacing the existing 1 x 5 minute parking space opposite the intersection of Beach Street and Market Street.

3.         Council approve the installation of a Loading Zone in Market Street, Merimbula replacing the existing 1 x 5 minute parking space located on the north west side of the pedestrian traffic lights.

4.         Council approve the installation of a Loading Zone in Market Street, Merimbula replacing the existing 3 x 30 minute parking spaces, commencing at a point 10 metres from the kerb intersection point of the southern side of Beach Street and Market Street for a distance of 20 metres.

5.         Council approve the extension of a No Stopping zone in Market Street, Merimbula replacing the existing Loading Zone located 30 metres from the kerb intersection point of the southern side of Beach Street and Market Street for a distance of 13.4 metres.

4.5    Bega Australia Day Celebration – 26 January 2017

1.         That, subject to conditions, Zingel Place, Bega between the Sapphire Marketplace roundabout and entrance to the Littleton Gardens car park be temporarily closed between 7am and 12pm on Thursday, 26 January 2017 for the Bega Australia Day celebrations.

2.         That the proposed traffic arrangements involving the temporary closure of Zingel Place, Bega for the Bega Australia Day celebrations on Thursday, 26 January 2017, 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 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

 

12.3

Waste Collection Contact and Waste Transfer Contract Extension

246/16

RESOLVED on the motion of Crs McBain and Tapscott

That the General Manager, or in her absence the Director of Transport and Utilities, execute extensions to Contracts 6/11 Waste Collection Services and 8/12 Waste Transfer Services between Bega Valley Shire Council and Cleanaway Pty Ltd for a period of one year to 30 June 2018.

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

Against:                  Nil

 

12.4

RFT 91/16 Supply of Components for Chlorinator Safety System Upgrades

 

RESOLVED on the motion of Crs Seckold and Tapscott

That Council accepts recommendations as outlined in the confidential memorandum.

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

Against:                  Nil

247/16

RESOLVED on the motion of Crs Seckold and McBain

1.         That Council accept the tender for Package 1 from Superior Water  in the amount of $27,156 (including GST), and for Package 2 from Westwater in the amount of $88,121 (including GST), in relation to contract for the works described in Tender RFT91/16, subject to variations, provisional sums and prime cost items and additional unit be purchased for critical spare parts at at cost of $11,693.  Total cost of package 2 to be $99,814.

2.         That Council authorise the General Manager, or in her absence the Director of Transport and Utilities, to execute all necessary documentation.

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

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

Against:                  Nil

 

12.5

Acquisition of Easement over Private Land for Water Supply at Bermagui

248/16

RESOLVED on the motion of Crs Tapscott and Dodds

1.         That the proposed Easement for Water Supply 12.665 wide over Lot 60 DP 1193819 set out in the attached Draft Plan be acquired by consent of the owner of Lot 60 DP 1193819 for the purposes of Water Supply.

2.         That the General Manager be delegated authority to execute the necessary documentation to effect the acquisition of the abovementioned interest.

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

Against:                  Nil

 

12.6

RFT 93/16 Purchase of Replacement Trucks for Water and Sewer Services Team

 

RESOLVED on the motion of Crs McBain and Dodds

That Council adopt the information outlined in the Confidential Memorandum.

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

Against:                  Nil

249/16

RESOLVED on the motion of Crs McBain and Nadin

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

2.         That Council purchase three Iveco Daily 50C17 and one 70C17 trucks from Nowra Truck and Tractor for the total sum of $344,260 (including GST).

3.         That Council authorise the General Manager, or in her absence the Director of Transport and Utilities, to enter into direct negotiations with the above entity with a view to entering into contracts in relation to the subject matter of this report in accordance with Clause 55(3)(i) of the Local Government Act 1993.

4.         That Council authorise the General Manager, or in her absence the Director of Transport and Utilities, to enter into contracts with any entity identified through direct negotiations in relation to the subject matter of this report in accordance with Clause 55(3)(i) of the Local Government Act 1993, for a period not exceeding three months from the date of approval.

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

Against:                  Nil

 

12.7

Transfer of surplus equipment and structures at Doctor George Mountain to Bega Access Radio Incorporated (Edge FM)

250/16

RESOLVED on the motion of Crs Seckold and Bain

1.         That Council enter into a Deed of Transfer with Bega Access Radio Incorporated (Edge FM) for the purposes of transferring the Council owned structure and equipment located on the site at Doctor George Mountain, being a bunker and pole within Lot 7003 DP 1055124. 

2.         That the General Manager and/or Mayor be delegated authority to execute the necessary documentation to effect the transfer of the abovementioned interest.

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

Against:                  Nil

 

12.8

RFT 70/16 Construction of a Domestic and Fire Service to Merimbula Airport

 

RESOLVED on the motion of Crs Bain and McBain

That Council accept the recommendations as outlined in the Confidential Memorandum

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

Against:                  Nil

251/16

RESOLVED on the motion of Crs McBain and Bain

1.         That Council accept the tender from RD Miller Pty Ltd in the amount of $1,184,235 including GST for works described in RFT 70/16 Construction of a Domestic and Fire Water Service to Merimbula Airport.

2.         The authority is delegated to the General Manager, or the Director Transport and Utilities in absence of the General Manager, to execute all necessary documentation.

3.         The other tenderer be advised of Council’s decision.

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

Against:                  Nil

 

13.  Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Cr Tapscott assumed the chair for this section of the agenda.

The Chair requested that Item 13.4 be heard prior to Item 13.1

13.4

Adoption of the Code of Meeting Practice

252/16

RESOLVED on the motion of Crs Nadin and Allen

That Council adopt the advertised Code of Meeting Practice.

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

Against:                  Nil

 

13.1

Council Meeting Dates 2017

253/16

RESOLVED on the motion of Crs Nadin and Griff

That Councillors adopt the meeting dates for 2017 as detailed below:

Wednesday, 1 February 2017

Wednesday, 22 February 2017

Wednesday, 15 March 2017

Wednesday, 5 April 2017

Wednesday, 26 April 2017

Wednesday, 17 May 2017

Wednesday, 7 June 2017

Wednesday, 28 June 2017

Wednesday, 9 August 2017

Wednesday,30 August 2017

Wednesday, 20 September 2017

Wednesday, 11 October 2017

Wednesday, 1 November 2017

Wednesday, 22 November 2017

Wednesday, 13 December 2017

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

Against:                  Nil

 

13.2

Results of 2016 Community Survey

254/16

RESOLVED on the motion of Crs McBain and Dodds

That Council note the results of the 2016 Bega Valley Community Survey by IRIS Research and publish the report to Council’s website along with the results from the online survey.

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

Against:                  Nil

 

13.3

Exhibition of Draft Community Ambitions

255/16

RESOLVED on the motion of Crs Nadin and Griff

1.      That Council note the public exhibition of the Draft Community Ambition statements.

2.      That further feedback relating to the Draft Community Ambition statements be collected by Council staff during the upcoming consultations relating to the Bega Valley Community Strategic Plan 2040 and any amendments be presented to Council prior to exhibition of the Bega Valley Community Strategic Plan 2040.

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

Against:                  Nil

 

13.5

2017 Bega Valley Shire Citizen and Young Citizen of the Year Award

256/16

RESOLVED on the motion of Crs Fitzpatrick and Bain

That the matter be deferred to the closed session for discussion as the matter relates to personnel matters concerning particular individuals (other than councillors),

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

Against:            Nil

 

14.  Staff Reports – Finance (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Cr Bain assumed the chair for this section of the agenda.

14.1

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

257/16

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

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

Against:                  Nil

6.26 pm         The Ordinary Meeting was reconvened.

15.

Adoption of reports from Standing Committees

258/16

RESOLVED on the motion of Crs Griff and Nadin

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.      Delegates Reports

16.1    Cr Seckold – Bega On Track Committee

Cr Seckold reported on her attendance, with the Mayor, at the opening of the Bega On Track Wildlife Corridor between the Bega River and Bega Anabranch.  At the event there was formal recognition of Claire Lupton’s contribution over many years.

17.      Rescission/alteration Motions

There were no rescission motions.

18.      Notices of Motion

18.1

Eden Pool - heat blanket

 

Cr Bain withdrew her notice of motion to allow for further communication with the Eden Swimming Club Committee

 

18.2

Safe Schools Coalition Australia (SCCA)

 

Non-Pecuniary Interest

Cr Seckold declared a non- pecuniary interest regarding Item18.2  on the basis that her daughter works as a policy maker or this program with the Federal Department of Education.  Cr Seckold remained in the meeting room and took part in debate or voting.

A motion was moved by Crs Griff and Seckold

1.      That the Mayor and General Manager, on behalf of Council, signs the Safe Schools Coalition Australia pledge:

         “We believe that schools should provide a safe and inclusive environment for all students, so that they can learn, grow, and reach their full potential – free from bullying and discrimination. We pledge to stand up against homophobia and transphobia whenever we see or hear it. We are proud to support Safe Schools Coalition Australia and its work to create positive change for same sex attracted, intersex and gender diverse students, school staff and families.”;

2.      That Council write to local schools notifying them of Council's support for the Safe Schools Coalition Australia program.

3.      That Council write to the Federal Government requesting continued funding of Safe Schools Coalition Australia.

4.      That Council write to the NSW State Government requesting that it follow the example of the Victorian State Government by funding Safe Schools Coalition Australia, in the event that the Federal Government fails to do so.

5.      That Council promotes support of Safe Schools Program through Council website and buildings used by local students and parents, including Council’s libraries.

Cr McBain suggested an amendment to the motion:

1.      That the Mayor and General Manager, on behalf of Council, signs the Safe Schools Coalition Australia pledge:

“We believe that schools should provide a safe and inclusive environment for all students, so that they can learn, grow, and reach their full potential – free from bullying and discrimination. We pledge to stand up against homophobia and transphobia whenever we see or hear it. We are proud to support Safe Schools Coalition Australia and its work to create positive change for same sex attracted, intersex and gender diverse students, school staff and families.”;

2.      That Council write to the Federal Government requesting continued funding of Safe Schools Coalition Australia.

3.      That Council write to the NSW State Government requesting that it follow the example of the Victorian State Government by funding Safe Schools Coalition Australia, in the event that the Federal Government fails to do so.

6.50 pm Extension of Time

RESOLVED on the motion of Cr Tapscott and Bain

That the meeting be extended by 45 minutes as per the Code of Meeting Practice.

15.8  One extension of 45 minutes may be put in place by leave of the meeting. If a meeting does not complete its scheduled business it is to be adjourned to a subsequent day.

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

Against:                  Nil

 

The amendment was accepted by Crs Griff and Seckold

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

259/16

RESOLVED on the motion of Crs Griff and Seckold

1.      That the Mayor and General Manager, on behalf of Council, signs the Safe Schools Coalition Australia pledge:

         “We believe that schools should provide a safe and inclusive environment for all students, so that they can learn, grow, and reach their full potential – free from bullying and discrimination. We pledge to stand up against homophobia and transphobia whenever we see or hear it. We are proud to support Safe Schools Coalition Australia and its work to create positive change for same sex attracted, intersex and gender diverse students, school staff and families.”;

2.      That Council write to the Federal Government requesting continued funding of Safe Schools Coalition Australia.

3.      That Council write to the NSW State Government requesting that it follow the example of the Victorian State Government by funding Safe Schools Coalition Australia, in the event that the Federal Government fails to do so.

In favour:             Crs Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

 

19.      Questions On Notice

19.1

Pambula Recreation and Showground Reserve

 

The response to the question on Pambula Recreation and Showground Reserve that appeared in the agenda was noted.

 

19.2

Tathra Headland Path budget allocation

 

The response to the question on the Tathra Headland Path budget allocations that appeared in the agenda was noted.

 

20.      Questions for the Next Meeting

20.1    Insurance cover of Council Infrastructure.

Cr Fitzpatrick asked:

Could Councillors be provide with an update on the progress for provision of information to Councillors on infrastructure assets and insurance cover.

The General Manager responded that Council’s insurers are visiting the area and reviewing the assets.  A report will be provided to Councillors early in the new year.

20.2

Fossil Fuel Investment

 

Cr Cathy Griff asked:

What is Council's exposure to financial institutions, which support fossil fuel investment?  In tenders for banking or investment services can Council include a requirement that such institutions meet social / environmental standards before they are considered?

The Director Strategy and Business Services took the first part of the question on notice, advising that the matter will be considered by Council in early 2017 when the Finance Strategy and Investment Policy is reviewed.  Banks have been contacted  asking for their social investments policies.

Council will be receiving the Finance Strategy to workshop in January prior to it being adopted for the 2018 financial year. An element of that strategy is the investment policy. Council would be able to resolve to incorporate a social investment position within the strategy and policy to be adopted and implemented for

20.3 - Monster Truck Rally at Bega Recreation Ground – Crs Allen and Bain

Cr Allen asked:

About  the use of the Bega Recreation Ground for a Monster Truck Rally on 1 January, 2016.

He ask for a guarantee that the premier oval in the Shire will be left in the same condition after the rally that it was in the week prior to the event. 

The Director Community Relations and Leisure advised that Council staff had made equiries with other Councils who had had similar events on their infrastructure.  Advice has been received that the event organisers work well with the local Councils to clean up the area and perform any maintenance or repairs required as a result of their event.

Cr Bain asked:

If users of the facility had been consulted prior to the decision to lease the recreation to the event organisers.

The Director Community Relations and Leisure advised that the local Bega Roosters Committee had been consulted and were in favour of the hire to the Monster Truck Rally.  He advised the football players would not be using the ground until approximately April 2017 and he was confident any repairs would be undertaken well before then.

He advised that the same event was held at Adelaide Oval and a week later a test cricket match was conducted on that oval

21.      Confidential Business

 

Adjournment Into Closed Session

260/16

RESOLVED on the motion of Crs Bain and Seckold

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

Deferred Item 10.2 Seniors Festival 2017 Grants:

Deferred Item 13.5 2017 Bega Valley Shire Citizen and Young Citizen of the Year Award

As the matters contain:

a)    personnel matters concerning particular individuals (other than councillors),

Deferred Item 11.6 EOI 104/16 142-144 Imlay St. Eden Purchase, restoration and other conditions of sale, deferred from the Ordinary Meeting as the item contains:

As the matter contains:

(d)  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,

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).

7.03 pm         The Chairperson called for a brief adjournment.

7.09 pm         The Closed Session commenced.

7.39 pm         The Ordinary Meeting was reconvened.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording of the Council Meeting would  recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.

22.  Adoption of reports from Closed Session

22.1

Deferred Item 10.2 Seniors Festival 2017 Grants

261/16

RESOLVED on the motion of Crs Griff and Nadin

1.          That Council make the following allocations through the Senior Festival 2017 Small Grants Program for a total of $9,450

Bega Valley Meals on Wheels                                $1,000

Bermagui District Social Club                                   $1,000

Eden Community Access Centre                           $500

Eden Tourist Info Centre                                          $300

Merimbula Tourism Inc                                             $1,000

Pambula Wetlands and Heritage Project Inc    $650

Sapphire Coast Tenancy Scheme                          $1,000

South East Arts (NSW) Inc                                        $1,000

St Patricks Primary P&C                                             $1,000

Twofold Aboriginal Corporation                            $1,000

U3A Sapphire Coast                                                    $1,000

2.         That all applicants are advised of the outcome.

3.         That the Councillor only attachment be declassified and made available to the public.

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

Against:                  Nil

 

22.2

Deferred Item 13.5 2017 Bega Valley Shire Citizen and Young Citizen of the Year Award

262/16

RESOLVED on the motion of Crs Griff and Nadin

That Council note the resolution of the closed session and that the names of the Senior Citizen, Citizen and Young Citizen of the Year be announced in conjunction with Australia Day 2017 celebrations.

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

Against:                  Nil

 

22.3

Item 11.6 EOI 104/16 142-144 Imlay St. Eden Purchase, restoration and other conditions of sale, deferred from the Ordinary Meeting

263/16

RESOLVED on the motion of Crs Griff and Nadin

1.    That Council note the EOI process has closed.

2.   That Council explore the subdivision of the car park space and laneway and review toilet infrastructure .

3.   That Council proceed to an open tender process

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

Against:                  Nil

 

23.  Resolutions to declassify reports considered in closed session

23.1

Declassified Reports

 

Council noted the resolutions to declassify the following documents:

10.1  National Youth Week 2017 Grants

That the Councillor only attachment be declassified and made available to the public

10.2  Seniors Festival 2017 Grants 

That the Councillor only attachment be declassified and made available to the public.

 

Closure

There being no further business, the Chairperson closed the meeting at 7.41 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 14 December 2016.