1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

22/17

RESOLVED on the motion of Crs Seckold and Dodds

That the Minutes of the Ordinary Meeting held on 1 February 2017 as circulated, be taken as read and confirmed, with the following amendment to Declaration by Councillors and Item 12.7 of the minutes:

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.

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

Against:                  Nil

8.

Adjournment into Standing Committees

23/17

RESOLVED on the motion of Crs Nadin and Bain

That 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

9.1

Management Plans for Cuttagee, Middle and Nelson Estuaries

24/17

RESOLVED on the motion of Crs Tapscott and Dodds

That Council adopts the Management Plans for Cuttagee, Middle and Nelson Estuaries.  

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

Against:                  Nil

10.1

Consultation on Thatchers Flat footbridge and other pathway options in Tathra

25/17

RESOLVED on the motion of Crs McBain and Fitzpatrick

1.      That the report be noted.

2.      That Council adopt Option 3 - Confirm the Tathra Headland Path planning costs and reallocate Thatchers Flat Bridge renewal budget, and if surplus budget available install additional footpaths focusing on the key paths of travel from Hobbs Corner to Tathra Beach.

3.    That Council look at working with local community/service clubs to discuss the possibility of a joint partnership to renew Thatchers Flat Footbridge.

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

Against:                  Nil

10.2

Community Hall Committee nominations

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Council note the report.

2.         That Council adopt the recommendation from the confidential memorandum.

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

Against:                  Nil

26/17

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Council appoint the following nominees to Council’s Community Hall committees:

Brogo Hall Committee: Eric Johnston, Lenna Pearce, Tanya Pearce Belinda Peel, Dale Backhouse, Craig Pearce, Trevor Pearce, Sharon Pearce

Eden Log Cabin Committee:  Mary Mitchell

Murrah Hall Committee:  Seaphina Leahy

Quaama Hall Committee:  Veronic Abbott, Glennda Heino

Cobargo Hall Committee:  Donald Green, Maryann Green

Wolumla Hall Committee:  Kerrie McGuire

Tarraganda Hall Committee:  Peter Ubrihien

2.         That Council officers advise all applicants of the outcome.

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

Against:                  Nil

10.3

Young Women's Scholarships

RESOLVED on the motion of Crs Dodds and Tapscott

1.         That Council note the report.

2.         That Council adopt the recommendation from in the Confidential Attachment memorandum.

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

Against:                  Nil

Absent:                    Cr McBain

27/17

RESOLVED on the motion of Crs Dodds and Tapscott

1.         That Council award a $500 BVSC Young Women’s Scholarships as part of International Women’s Day to:

·        Rhiannon Chapman

·        Ruby Dellas

·        Madeleine Gordon

·        Meg Hale

·        Rani Quin

2.         That Council officers advise all applicants of the outcome.

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

Against:                  Nil

Absent:                    Cr McBain

11.1

Licence Agreement to Wyndham Men's Shed Incorporated

28/17

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.      That Council approve a further five (5) year Licence to Wyndham Men’s Shed Incorporated for their continued occupation of the old Rural Fire Service shed located on surplus road reserve on the corner of Norwood and Gordon Streets, Wyndham at minimum annual rental.

2.      That the General Manager and/or Mayor be authorised to execute the Licence Agreement documentation.

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

Against:                  Nil

11.2

Tourism Service Providers Contract Extension

The Acting Director Strategy and Business Services advised that the figure for the special rate variation as noted in the report for the 2016/17 year should read $235,000.

29/17

RESOLVED on the motion of Crs Allen and Griff

1.      That Council note the report.

2.      That Council offer a twelve (12) month extension of the current Contract with Sapphire Coast Tourism Ltd to 30 June 2018, within current budget allocations and the General Manager be authorised to execute the contract documentation.

3.      That Council establish a “Tourism Review Liaison Group” and appoint Cr Bain and Cr Nadin as its Delegates.

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

Against:                  Nil

12.1

RFT 10006501 North Bega Sewerage Pumping Station and Mains

30/17

RESOLVED on the motion of Crs McBain and Nadin

That the matter be moved into Closed Session under the provisions of Section 10A(2) of the Act on the basis that the discussion would contain (d) commercial information of a confidential nature that would, if disclosed:.In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Cr Allen

12.2

Proposed Waste Strategic Working Group

31/17

RESOLVED on the motion of Crs Bain and Tapscott

1.         That the report be noted.

2.         That the General Manager writes to the CWF Community Consultative Committee members thanking them for their contribution; and inviting their nominations for the proposed Waste Strategic Working Group.

3.         That Council endorse the formation of a Waste Strategic Working Group, with community membership of six to be determined through an expression of interest process.

4.         That The proposed Waste Strategic Working Group consider as a first priority 'Diversion of Food Organics from Landfill' (as described under Item 19.1 in the Agenda for the meeting of 22 February, 2017)

5.         That Council appoint Crs Griff and Dodds to sit on the Waste Strategic Working Group.

6.          That the review of the 20/20 Vision on Waste document include aspects of business strategy and financial capability.

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

Against:                  Nil

12.3

Bega Valley Local Traffic Committee

32/17

RESOLVED on the motion of Crs Nadin and Bain

Proposed 1 hour time restricted parking Lamont Street Bermagui

1.         That Council approve the installation of a 1 Hour Parking Zone for the hours of 8.30am to 6.00pm Monday to Friday and from 8.30am to 12.30pm on Saturdays in Lamont Street Bermagui, commencing at a point approximately 10 metres from the western intersection point of Wallaga Street and Lamont Street, for a length of 16 metres westerly.

2017 Bega Valley Rally – 10-11 June 2017

1.         That, subject to conditions, Upper Cobargo Road, Stoney Creek between the intersections of the Princes Highway and Snowy Mountains Highway be temporarily closed between 12.00pm and 6.30pm on Saturday, 10 June 2017 for the duration of a competitive stage of the Bega Valley Rally.

2.         That, subject to conditions, Buckajo Road, Buckajo between the intersections of Snowy Mountains Highway and Spring Creek Road be temporarily closed between 12.00pm and 6.30pm on Saturday, 10 June 2017 for the duration of a competitive stage of the Bega Valley Rally.

3.         That, subject to conditions, The Snake Track, Kiah between the intersections of the Princes Highway and Towamba Road be temporarily closed between 11.00am and 5.00pm on Sunday, 11 June 2017 for the duration of a competitive stage of the Bega Valley Rally.

4.         That the proposed traffic arrangements involving the temporary closure of sections of Upper Cobargo Road, Buckajo Road and The Snake Track for the Bega Valley Rally on Saturday, 10 June 2017 and Sunday, 11 June 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW 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 NSW 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 Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

8.         That organisers obtain approval from the Commissioner of NSW Police or their delegate, under Section 115 of the Road Transport Act 2013, prior to conducting the event.

9.         That organisers notify NSW Roads and Maritime Services, prior to conducting the event.

10.       That signage be displayed advising of Road Closures.

11.       That letters be sent to landowners seeking written approval for the closure of private gates.

12.       That a Traffic Management Plan is required stating that private gates are locked in accordance with CAMS guidelines.

Merimbula Mother’s Day Classic Fun Run – 14 May 2017

1.         That the proposed arrangements involving public footpaths contained in road reserves in Main Street, Beach Street, Market Street, Fishpen Road, Marine Parade and Ocean Drive, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 14 May 2017 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

2.         That the proposed arrangements involving road crossings at the Fishpen Road/Marine Parade intersection, Marine Parade/Chapman Avenue intersection, Fishpen Road/Calendo Court intersection and Fishpen Road/Burton Avenue intersection, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 14 May 2017 be supervised by Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

3.         That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4.         That organisers fully implement an approved Special Event Transport Management Plan.

5.         That organisers have approved public liability insurance of at least $20 million indemnifying 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 issued Approval for Use of Public Land.

8.         That event organiser liaises with public transport operators.

EAT Merimbula Food Festival – 12 March 2017

1.         That, subject to conditions, Fishpen Road, Merimbula between the intersections of Burton Avenue and Calendo Court  be temporarily closed between 6.00am and 3.30pm on Sunday, 12 March 2017 for EAT Merimbula Food Festival.

2.         That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the EAT Merimbula Food Festival on Sunday, 12 March 2017, be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW 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 NSW RMS accreditation.

4.         That organisers fully implement an approved Special Event Transport Management Plan.

5.         That organisers have approved public liability insurance of at least $20 million indemnifying 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 issued Approval for Use of Public Land.

2017 Merimbula Fun Run – 28 May 2017

1.         That, subject to conditions, sections of the following Council roads be temporarily closed from 7.00am to 11.00am on Sunday, 28 May 2017 for the 2017 Merimbula Fun Run:

a)         Full Closure of Ocean Drive, Merimbula from Ford Oval to the Fishpen Road intersection;

b)        Full Closure of Fishpen Road, Merimbula between the Ocean Drive and Market Street intersections;

c)         Closure of the southbound lane only of Market Street, Merimbula between the Fishpen Road and Beach Street intersections;

d)        Full Closure of Beach Street, Merimbula between the Market Street and Main Street intersections;

e)        Full Closure of Main Street, Merimbula between the Cameron Street and Randolph Street intersections.

f)         Closure of the westbound lane only of Main Street, Merimbula between the Randolf Street and Lake Street intersections;

g)         Full closure of Lake Street, Merimbula between the Main Street intersection and the Merimbula Wharf.

h)        Parking restrictions along the course route, including a clearway for the southbound parking lanes along Market Street between the Beach Street intersection and the Merimbula Bridge and all parking at the roundabout located at the Ocean Drive and Fishpen Road intersection.

2.         That the proposed traffic arrangements for the 2017 Merimbula Fun Run on Sunday, 28 May 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW 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 NSW RMS accreditation.

4.         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.

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

6.         That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

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

Against:                  Nil

12.4

Building Better Regions Fund Application - Linking Eden Port to Economic Outcomes

33/17

RESOLVED on the motion of Crs Allen and Dodds

1.         That the report be noted.

2.         That Council submit an application to the Building Better Regions Fund Infrastructure Stream for the upgrade of Albert Terrace, Eden.

3.         That officers proceed in the design works required for the upgrade of Albert Terrace, Eden.

4.         That Council note the requirement for a commitment of $1,000,000 from internal funding sources if the Building Better Regions Fund application is successful.

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

Against:                  Nil

12.5

Carers Accommodation request for assistance

Pecuniary Interest

Cr Fitzpatrick declared a pecuniary interest regarding Item 12.5 Carers Accommodation request for assistance, on the basis that his is a Board Member of Southern NSW Health.  A signed declaration form was tabled by Cr Fitzpatrick.

Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.

03:00 pm       Cr Fitzpatrick left the meeting.

Cr McBain took the chair in Cr Fitzpatrick’s absence

Recommendation

Cr Allen and Bain

That Council approve the proposed exemption for payment of S64 contributions totalling $86,832 for Stages 1, 2 and 3 of DA 2016.112 as contemplated in Procedure 4.07.5.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

12.6

Pambula Merimbula Golf Club - Recycled Water Use

Non-Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 12.6 Pambula Merimbula Golf Club - Recycled Water Use, on the basis that his is a Committee member of Sapphire Coast Race Club,  a user of reticulated water and mentioned in the report. A signed declaration form was tabled by Cr Tapscott for inclusion in the Register

Cr Fitzpatrick remained in the meeting room and took part in debate and voting.

Cr Bain declared a non-pecuniary interest regarding Item 12.6             Pambula Merimbula Golf Club - Recycled Water Use, on the basis that she is a member of the Pambula Merimbula Golf Club and President of the Sapphire Coast Race Club,  a user of reticulated water and mentioned in the report.  A signed declaration form was tabled by Cr Tapscott 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 on the matter.

34/17

RESOLVED on the motion of Crs McBain and Tapscott

Cr McBain and Tapscott

That Council approve the provision of $150,000 upper limited subsidy funding for renewal and expansion of the Pambula Merimbula Golf Club effluent irrigation system in association with the NSW Government’s $90,000 Community Building Partnerships (CBP) funding for an International Golf Tourism Hub for the Bega Valley.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

13.1

Community Strategic Plan: Half Year Review of 2016/17 Delivery and Operational Plan

.

03:51 pm     Cr Griff left the meeting

35/17

RESOLVED on the motion of Crs Bain and Seckold

That Council receive and note the progress on the 2016/17 Operational Plan

03:55 pm       Cr Griff returned to the meeting.

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

Against:                  Nil

13.2

Conduct Review Panel

36/17

RESOLVED on the motion of Crs Seckold and Dodds

1.         That the report be noted.

2.         That Council ratify the use of the South East Region of Councils (SEROC) Panel of Conduct Reviewers.

3.         That Council participate in the Canberra Joint Region Organisation process to review and appoint a revised Panel of Conduct Reviewers.

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

Against:                  Nil

14.1

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

37/17

RESOLVED on the motion of Crs Allen and Fitzpatrick

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

14.2

Quarterly Budget Review Statement (QBRS) at December 2016

38/17

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That Council note and endorse the December 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 December 2016 on its website for public information.

4.    That Council receive a report on the allocation of expenditure for consultancy and legal fees.

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

Against:                  Nil

15.

Adoption of reports from Standing Committees

39/17

RESOLVED on the motion of Crs Seckold and Griff

That all motions recorded in the Standing Committees, including votes for and against and acknowledging declarations of interest already made, be adopted in and by the Ordinary Council Meeting.

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

Against:                  Nil

19.1

Central Waste Facility - Diversion of Food Organics from Landfill

Council noted the report on Central Waste Facility - Diversion of Food Organics from Landfill that formed part of the Agenda for the Council Meeting 22 February, 2017

20.1

Central Waste Facility - EPA fine

Cr Nadin asked could the Director Transport and Utilities please provide information to Councillors regarding the EPA fine in relation to the Central Waste Facility, due to confusion in the community regarding this matter.

The Director Transport and Utilities advised a memorandum had been provided to Councillors, in summary:

Council did not follow correct procedures closely enough and as the CWF is a licenced area, this was actioned upon by the EPA.

The fine was, not for leachate, but for sediment in the general surrounds, the same type of sediment we have on every unsealed road, unsealed public carpark, or bush track in Bega Valley.

Similar unsealed sections or gravel or natural formed roads exist in private properties right across the country.

Council’s EPA licence requires that cloudy water be treated (commonly called flocculation) so that the suspended solids settle prior to being released downstream. Meaning, clear water goes into clear water.

A complaint was made to the EPA who investigated and a fine was issued as in this case the

The Director noted that Council has a good relationships with the regional office of the EPA, who sit on a working group for the CWF and provide advice and assistance to Council.

The EPA were contacted Council officers and discussed the breach.  He indicated Council will ensure that correct procedures are followed in future, to reduce any incidence of staff error.

20.2

Merimbula Parking - trial period

Cr Nadin asked about the parking plan that was trialled in Merimbula over the Summer months and when this trial would be completed.

The Director Transport and Utilities advised he was not aware if a set completion date but would take the question on notice and report back to Councillors.

20.3

Funeral Notices - ABC Radio

Cr Robyn Bain asked could the Mayor please advise what action the Bega Valley Shire Council has taken to encourage ABC Radio to reinstate the funeral notices juts prior to the 7.00 am news.   She asked:

Has Council:

·         Written to the ABC Management

·         Written to or seen the Federal Minister for Communication

·         Contacted the local Federal and State members

·         Followed up on the petition with 2,500 signatures

The General Manager advised that Council had written to the ABC Management and to local members and could provide copies to Councillors.  She advised Council had not received a copy of the petition.

The Mayor asked Cr Bain to lodge a notice of motion on this matter for the next meeting should she require further action.

20.4

Rotary Park Eden - clearing of vegetation

Cr Robyn Bain asked the Director Planning and Environment if he was aware that the vegetation at the Rotary Park in Eden (largely tea tree) has grown to the extent that a once lovely lookout area for viewing across the bay is now simply a park, not a lookout.  Could Council please do something about this.

The Director Planning and Environment took the question on notice for liaison with the Director Community and Relations.

Adjournment Into Closed Session

40/17

RESOLVED on the motion of Crs Dodds and Nadin

Dodds and Nadin

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items deferred from the Ordinary Meeting On the basis the report contains (d)            commercial information of a confidential nature that would, if disclosed:

        Item 12.1     RFT 10006501 North Bega Sewerage Pumping Station and Mains

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

Against:                  Nil

22.1

RFT 10006501 North Bega Sewerage Pumping Station and Mains - Item 12.1 deferred to the Closed Session

41/17

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.         That following the rerceipt of the Bega Cheese Limited contribution of $956,000, Council accept the tender from R D Miller Pty Ltd in relation to contract for the works described in Tender RFT 10006501 Construction of North Bega Sewer Pumping Station and mains, in the amount of $2,128,000 (including GST), subject to variations and provisional sums.

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

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

4.         That the resolution to be carried over to the Ordinary Meeting be as above.

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

Against:                  Nil

Absent:                    Cr Bain