PresentCr 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
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In AttendanceGeneral 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, Ms Kelly McDowall |
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.
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.
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Apologies |
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2. |
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RESOLVED on the motion of Crs Bain and Seckold That the Minutes of the Ordinary Meeting and Closed Session held on 14 December 2016 and the Extraordinary Meeting held on 18 January 2017 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
There were no declarations of interest
Non Pecuniary Interest
Cr Bain declared a non pecuniary interest regarding Item 12.7, Pambula Merimbula Golf Club - Effluent Reuse on the basis that she is a member of the Pambula Merimbula Golf Club and the Sapphire Coast Turf Club. A signed declaration form was tabled by Cr Bain for inclusion in the Register.
Cr Bain will remain in the meeting room and will take part in debate and voting.
Cr Bain declared a non pecuniary interest regarding Item 18.3, Bega and Pambula Regional Sportsground masterplans on the basis that she is a user of the Pambula Sports Ground via the show. A signed declaration form was tabled by Cr Bain for inclusion in the Register.
Cr Bain will remain in the meeting room and will take part in debate and voting.
Cr Tapscott declared a non-pecuniary interest regarding Item 12.7, Pambula Merimbula Golf Club - Effluent Reuse on the basis that a niece’s husband and a niece’s boyfriend are employed by the Pambula Merimbula Golf Club, and Cr Tapscott is a social member of the Pambula Merimbula Golf Club. A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.
Cr Tapscott remained in the meeting room and took part in debate and voting.
Cr Nadin declared a non pecuniary interest regarding Item 18.1, Spiire Master Plan Merimbula and Bermagui CBD reviews on the basis that he owns a business in Merimbula and is a member of the Merimbula Chamber of Commerce. A signed declaration form was tabled by Cr Nadin for inclusion in the Register.
Cr Nadin will remain in the meeting room and take part in debate and voting.
Cr Nadin declared a non pecuniary interest regarding Item 18.2, Underground Power Lines for Merimbula CBD on the basis that he owns a business in Merimbula and is a member of the Merimbula Chamber of Commerce. A signed declaration form was tabled by Cr Nadin for inclusion in the Register.
Cr Nadin will remain in the meeting room and take part in debate and voting.
Cr Fitzpatrick declared a non pecuniary interest regarding Item 12.7, Pambula Merimbula Golf Club - Effluent Reuse on the basis that he is a committee member of the Pambula Sportsground and the Sapphire Coast Turf Club. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick will remain in the meeting room and take part in debate and voting.
Cr Fitzpatrick declared a non pecuniary interest regarding Item 18.3, Bega and Pambula Regional Sportsground masterplans on the basis that he is a committee member of the Pambula Sportsground. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick will remain in the meeting room and take part in debate and voting.
4. Deputations (by prior arrangement)
Mr Freeman addressed Council.
RESOLVED on the motion of Crs Tapscott and Seckold that an extension of two minutes be granted to Mr Freeman to complete his address.
In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen
Against: Nil
Mr Freeman addressed Council for a further 2 minutes and responded to questions from Councillors.
Mrs Sue Singleton addressed Council and responded to questions from Councillors.
Mrs Janette Neilson addressed Council.
RESOLVED on the motion of Crs Bain and Nadin that an extension of two minutes be granted to Mrs Neilson to complete her address.
IN FAVOUR: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen
AGAINST: Nil
Mrs Neilson addressed Council for an extension of time of two minutes and responded to questions from Councillors.
There were no petitions.
There were no Mayoral minutes.
There was no urgent business.
8. |
Adjournment into Standing Committees |
3/17 |
RESOLVED on the motion of Crs Nadin and SeckoldThat the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
2.38 pm The Ordinary meeting adjourned and formed in the committee.
In accordance with Council’s Code of Meeting Practice, Cr Seckold assumed the chair for this section of the agenda.
9.1 |
Solution Brokerage: Eden Local Aboriginal Land Council and NSW Government |
RESOLVED on the motion of Crs Fitzpatrick and AllenThat the Mayor and the General Manager be delegated to sign the Eden Local Aboriginal Land Council Land and Economic Participation Solution Brokerage Accord once completed. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
In accordance with Council’s Code of Meeting Practice, Cr Griff assumed the chair for this section of the agenda.
10.1 |
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RESOLVED on the motion of Crs Tapscott and Seckold1. That Council note the report. 2. That Council adopt the Access and Inclusion Advisory Committee Guidelines. 3. That in line with the procedures outlined in the Guidelines a new Access and Inclusion Advisory Committee be established and nominations for the new Committee be advertised. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
In accordance with Council’s Code of Meeting Practice, Cr Nadin assumed the chair for this section of the agenda.
11.1 |
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RESOLVED on the motion of Crs Allen and McBainThat Council give notice of its intention to classify Lot 66 DP 1171407 at Ravenswood Street, Bega and Lot 6 DP 1225381 at Blue Wren Place, Bermagui as Operational Land under Section 34 of the Local Government Act 1993. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
02:54 pm Cr Nadin left the meeting.
In accordance with Council’s Code of Meeting Practice, Cr Fitzpatrick assumed the chair for this section of the agenda.
02:57 pm Cr Nadin returned to the meeting.
12.2 |
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RESOLVED on the motion of Crs Bain and Seckold1. That Council approve the proposal to name the following roads: a) Skye Lane, a right of carriageway located off Black Range Road in Bega; b) Manuka Lane, a right of carriageway located off Tuna Way in Eden; c) Curyo Lane, a right of carriageway located off Valley Street in Bega; d) Erinna Lane, a right of carriageway located off Hergenhans Lane in Angledale; e) Blue Wren Place, Council public road located off Hay Street in Bermagui; and f) Evergreen Lane, Council public road located off Nethercote Road in Nethercote. 2. That Council advertise the proposed names in local media inviting submissions to the proposals. 3. That if no objections are received within the submission period, Council officers proceed with the road naming proposals without subsequent referral to Council. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.3 |
Towamba River, Lake Curalo and Twofold Bay Flood Study grant offer from Office of Environment and Heritage |
RESOLVED on the motion of Crs McBain and Seckold1. That the grant offer of $122,000 from the Office of Environment and Heritage (OEH) for completion of Council’s Towamba River, Lake Curalo and Twofold Bay Flood Study at Towamba and Eden be accepted and the funding agreement executed by the General Manager for immediate return to OEH. 2. A contribution of $61,000 is allocated over the project period extending to the 18/19 financial year. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.4 |
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RESOLVED on the motion of Crs Nadin and GriffThat Council adopt the recommendations of the Bega Valley Local Traffic Committee as follows: Far South Coast National Show, Bega – February 20171. That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed from 9am to 5pm on 17, 18 and 19 February 2017 for the Far South Coast National Show. 2. That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 17, 18 and 19 February 2017 for the Far South Coast National Show. 3. That the proposed traffic arrangements for the Far South Coast National Show 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. 2017 Bemboka Triathlon1. That, subject to conditions, Hoskins Street, Bemboka be temporarily closed between the intersections of Kameruka Street and Nimmitabel Street from 7.00am and 6.00pm on Saturday, 25 March 2017 for the 2017 Bemboka Triathlon. 2. That, subject to conditions, Sams Corner Road, Bemboka be temporarily closed between the intersections of Nimmitabel Street and Lookout Lane from 7.00am and 6.00pm on Saturday, 25 March 2017 for the 2017 Bemboka Triathlon. 3. That, subject to conditions, Kameruka Street, Bemboka be temporarily closed between the intersections of Hoskins Street and first driveway access east of the Bemboka Pool from 7.00am and 6.00pm on Saturday, 25 March 2017 for the 2017 Bemboka Triathlon. 4. That the proposed traffic arrangements involving the temporary closure of Hoskins Street, Sams Corner Road and Kameruka Street, Bemboka for the 2017 Bemboka Triathlon on Saturday, 25 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. 5. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 6. That organisers fully implement an approved Special Event Transport Management Plan. 7. 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. 8. That organisers have written Police approval prior to conducting the event. 9. That the event achieves all conditions of Council’s issued Use of Public Land approval. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.5 |
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RESOLVED on the motion of Crs Allen and Nadin1. That a proposed easement for utilities 6 wide designated as (U) in the registered deposited plan 1223033 within Lot 355 DP 41837 be compulsorily acquired for the purpose of facilitating the supply of recycled water from the Merimbula Sewerage Treatment Plant to a dam located on Lot 381 DP 1027113 (known as “Oaklands Farm”) in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991. 2. That a proposed easement for utilities 6 wide designated as (A) in the registered deposited plan 1225606 over part of Bega Street and Yowaka Street (Crown Land currently held under enclosure permit 18189 by Mr Clifford Barry Moffitt) be compulsorily acquired for the purpose of facilitating the supply of recycled water from the Merimbula Sewerage Treatment Plant to a dam located on Lot 381 DP 1027113 (known as “Oaklands Farm”) in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991. 3. That the General Manager and/or Mayor be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the interest in the abovementioned land by compulsory process Section 186 of the Local Government Act 1993. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.6 |
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RESOLVED on the motion of Crs Allen and BainThat Council note the Sewerage Treatment Plant handback process currently being undertaken. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.7 |
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Cr Bain declared a non pecuniary interest regarding Item 12.7, Pambula Merimbula Golf Club - Effluent Reuse on the basis that she is a member of the Pambula Merimbula Golf Club and the and Sapphire Coast Turf Club. A signed declaration form was tabled by Cr Bain for inclusion in the Register. Cr Bain remained in the meeting room and took part in debate and voting.
Cr Tapscott declared a non-pecuniary interest regarding Item 12.7, Pambula Merimbula Golf Club - Effluent Reuse on the basis that a niece’s husband and a niece’s boyfriend are employed by the Pambula Merimbula Golf Club, and Cr Tapscott is a social member of the Pambula Merimbula Golf Club. A signed declaration form was tabled by Cr Tapscott for inclusion in the Register. Cr Tapscott remained in the meeting room and took part in debate and voting.
Cr Fitzpatrick declared a non pecuniary interest regarding Item 12.7, Pambula Merimbula Golf Club - Effluent Reuse on the basis that he is a committee member of the Pambula Sportsground and Sapphire Coast Turf Club. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register. Cr Fitzpatrick remained in the meeting room and took part in debate and voting A motion was moved by Crs Allen and SeckoldThe matter regarding the Pambula Merimbula Golf Club – Effluent Reuse be deferred for a briefing session outlining all third party arrangements regarding effluent reuse in the Shire. The MOTION was put to the vote and it was CARRIED. |
RESOLVED on the motion of Crs Allen and SeckoldThe matter regarding the Pambula Merimbula Golf Club – Effluent Reuse be deferred for a briefing session outlining all third party arrangements regarding effluent reuse in the Shire. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Crs McBain, Tapscott and Dodds |
03:29 pm Cr Dodds left the meeting.
12.8 |
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RESOLVED on the motion of Crs Bain and AllenThat Council accept the recommendation as outlined in the confidential attachment. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Dodds
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RESOLVED on the motion of Crs Allen and Bain1. That Council accept the tender from Bitzios Consulting in relation to contract for the works described in Tender RFT/16, in the amount of $142,296 (including GST), subject to variations, provisional sums and prime cost items. That an amount of $142,296 (including GST) be referred to the March quarterly budget review for funding allocation. 2. That authority is delegated to the General Manager or in her absence the Director Transport and Utilities Group to execute all necessary documentation. 4 That other tenderers be advised of Council’s decision. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen Against: Nil Absent: Cr Dodds |
In accordance with Council’s Code of Meeting Practice, Cr Tapscott assumed the chair for this section of the agenda.
13.1 |
Enterprise Risk Management Report (October to December 2016) |
RESOLVED on the motion of Crs Allen and GriffThat Council note the Enterprise Risk Management Report for the October to December 2016 quarter. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen Against: Nil Absent: Cr Dodds |
13.2 |
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RESOLVED on the motion of Crs McBain and NadinThat Council note the major projects update report. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen Against: Nil Absent: Cr Dodds
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13.3 |
Councillor Development Program: Conference and Forum attendance January to June 2017 |
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A motion was moved by Crs Allen and FitzpatrickThat Council support attendance at the Australian Local Government Association National General Assembly Canberra, ACT. In favour: Crs Fitzpatrick, Bain and Allen Against: Crs Nadin, Griff, McBain, Seckold and Tapscott Absent: Cr Dodds The MOTION was put to the vote and it was LOST.
A motion was foreshadowed by Crs McBain and SeckoldThat Council delegate representatives to attend LG NSW Tourism Conference, NSW Australian Local Government Women’s Association Conference and the Australian Local Government Association National General Assembly Canberra.
The MOTION was put to the vote and it was CARRIED In favour: Crs Nadin, Griff, McBain, Seckold and Tapscott Against: Crs Fitzpatrick, Bain and Allen Absent: Cr Dodds
A motion was moved by Crs Griff and Seckold1. That Council determine attendance at the following conferences for the period 1 January to 30 June 2017.
2. That registration, travel, accommodation and related costs be covered as per Council’s policy. In favour: Crs Nadin, Griff, McBain, Seckold and Tapscott Against: Crs Fitzpatrick, Bain and Allen Absent: Cr Dodds
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RESOLVED on the motion of Crs McBain and SeckoldThat Council delegate representatives to attend LG NSW Tourism Conference, NSW Australian Local Government Women’s Association Conference and the Australian Local Government Association National General Assembly Canberra. In favour: Crs Nadin, Griff, McBain, Seckold and Tapscott Against: Crs Fitzpatrick, Bain and Allen Absent: Cr Dodds
RESOLVED on the motion of Crs Griff and Seckold1. That Council determine attendance at the following conferences for the period 1 January to 30 June 2017.
2. That registration, travel, accommodation and related costs be covered as per Council’s policy. In favour: Crs Nadin, Griff, McBain, Seckold and Tapscott Against: Crs Fitzpatrick, Bain and Allen Absent: Cr Dodds |
13.4 |
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RESOLVED on the motion of Crs McBain and BainThat Council note the status report on actions from Council’s Resolutions for the quarterly period of 1 October, 2016 to 31 December 2016. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Allen Against: Nil Absent: Cr Dodds
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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 |
RESOLVED on the motion of Crs Allen and Nadin1. 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 and Allen Against: Nil Absent: Cr Dodds |
4.05 pm The Ordinary Meeting was reconvened.
15. |
Adoption of reports from Standing Committees |
19/17 |
RESOLVED on the motion of Crs Nadin and BainThat 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 and Allen Against: Nil Absent: Cr Dodds |
Cr Seckold (Council’s Delegate for the Bega Valley Shire "On Track" Committee) gave an annual update on progress at the old Bega racecourse.
17. Rescission/alteration Motions
There were no rescission/alteration motions.
18.1 |
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Cr Nadin declared a non pecuniary interest regarding Item 18.1, Spiire Master Plan Merimbula and Bermagui CBD reviews on the basis that he owns a business in Merimbula and is a member of the Merimbula Chamber of Commerce. A signed declaration form was tabled by Cr Nadin for inclusion in the Register. Cr Nadin remained in the meeting room and took part in debate and voting.
An AMENDMENT to the Notice of Motion was moved by Crs Nadin and McBainThat Council consider an allocation of funding in the draft 2017/18 budget development to include going to expressions of interest for detailed design building on the current CBD masterplan and to establish detailed working plans, including traffic and parking plans, in consultation with the respective communities for Merimbula and Bermagui CBDs. That strategic project planning of the detailed designs take into consideration, in consultation with key community stakeholders, budget development, including quantity surveying, so that Council can plan for full costs, and work can be staged when funding becomes available. The AMENDMENT was put to the vote and was CARRIED |
RESOLVED on the motion of Crs Nadin and McBainNotice of MotionThat Council consider an allocation of funding in the draft 2017/18 budget development to include going to expressions of interest for detailed design building on the current CBD masterplan and to establish detailed working plans, including traffic and parking plans, in consultation with the respective communities for Merimbula and Bermagui CBDs. That strategic project planning of the detailed designs take into consideration, in consultation with key community stakeholders, budget development, including quantity surveying, so that Council can plan for full costs, and work can be staged when funding becomes available. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold and Tapscott Against: Cr Allen Absent: Cr Dodds
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18.2 |
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Cr Nadin declared a non pecuniary interest regarding Item 18.2, Underground Power Lines for Merimbula CBD on the basis that he owns a business in Merimbula and is a member of the Merimbula Chamber of Commerce. A signed declaration form was tabled by Cr Nadin for inclusion in the Register. Cr Nadin remained in the meeting room and took part in debate and voting.
An AMENDMENT to the Notice of Motion was moved by Crs Nadin and FitzpatrickThat Council work with Essential Energy and land owners to explore the possibility of putting Merimbula Central Business District powerlines underground to take advantage of opportunities such as substantial new development, planned road resurfacing and major intersection upgrades, planned power pole upgrades, and work on the Central Business District master plan. The AMENDMENT was put to the vote and was CARRIED. |
RESOLVED on the motion of Crs Nadin and FitzpatrickNotice of MotionThat Council work with Essential Energy and land owners to explore the possibility of putting Merimbula Central Business District powerlines underground to take advantage of opportunities such as substantial new development, planned road resurfacing and major intersection upgrades, planned power pole upgrades, and work on the Central Business District master plan. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Tapscott and Allen Against: Cr Seckold Absent: Cr Dodds
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There were no questions on notice.
04:51 pm Cr Griff left the meeting.
There was no confidential business.
The Chairperson advised that the recording of the meeting would cease for the period of the Closed Session of Council.
4.57 pm The Ordinary Meeting was reconvened.
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.
There was no Closed Session Reports.
There were no reports to be declassified.
There being no further business, the Chairperson closed the meeting at 4.57 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 1 February 2017.