Ordinary Meeting Minutes

Held on Wednesday 15 March 2017

At Council Chambers, Bega Commencing at 2.00 pm

 


 Present

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

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

Acting Director,  Community, Relations and Leisure, Mr Simon Schweitzer

Director,  Strategy and Business Services, Mr Graham Stubbs

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, 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.

Mayoral Statement

The Mayor announced that Council is collaborating with local communities to run four community events to celebrate Harmony Day next week.  Harmony Day will celebrate cultural diversity.  The Mayor encouraged everyone to attend the Harmony Day events.

1.

Apologies

 

RESOLVED on the motion of Crs Nadin and Griff

The request for leave of absence from Cr Bain for today’s meeting and for Cr Fitzpatrick for 26 April 2017, be accepted.

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

Against:                  Nil

Absent:                    Cr Bain

 

2.

Confirmation of Minutes

 

RESOLVED on the motion of Crs Nadin and Seckold

That the Minutes of the Ordinary Meeting and Closed Session held on 22 February 2017 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Bain

 

 

3.    Declarations

Pecuniary Interest

There were no declarations of pecuniary interest.

Non Pecuniary Interest

Cr Allen declared a non pecuniary interest regarding Item 13.1, Community Service Medallions - Appointment of Committee Members on the basis that he is related to one of the nominees.  A signed declaration form was tabled by Cr Allen for inclusion in the Register.

Cr Allen will depart the meeting room, taking no part in debate or voting on this item.

Cr Fitzpatrick declared a non pecuniary interest regarding Item 9.2, Replacement signage of petrol pricing advertising sign - 39 Quondola Street, Pambula on the basis that he is a regular user of the service station.  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 18.1, Investigation into provision of reticulated water to Council owned or managed sporting facilities on the basis that he is the Chairman of the Pambula Show Society.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

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

4.        Deputations (by prior arrangement)

 

4.1

Salvestro Development Pty Ltd regarding Item 8.1 Detached dual occupancy and strata subdivision - Lot 172 DP 1189258 - 43 Lakewood Drive, Merimbula Subdivision DA 2016.293

 

Item 8.1 Detached dual occupancy and strata subdivision - Lot 172 DP 1189258 - 43 Lakewood Drive, Merimbula Subdivision DA 2016.293

•     Salvestro Development Pty Ltd

 

 

 

4.2

Suspension of Standing Orders

 

RESOLVED on the motion of Crs Seckold and Nadin

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

Item 6.1 Mayoral Minute - Council support for 'No balloon release'

•     Ms Karen Joynes

Item 9.1 DA No. 2016.293: Detached dual occupancy and strata subdivision - Lot 172 DP 1189258 - 43 Lakewood Drive, Merimbula

•     Ms Nicole Uren

Item 10.1 Former Community Health Building – Bemboka

•     Ms Cheryl Alcock (Member of the Bemboka Community Cottage Group)

Item 11.2. Bega Pioneers' Museum 

•     Mr Peter Rogers

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

Against:                  Nil

Absent:                    Cr Bain

 

Ms Karen Joynes addressed Council

RESOLVED on the motion of Crs Tapscott and Nadin that an extension of two minutes be granted to Ms Joynes to complete her address.

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

Against:                  Nil

Absent:                    Cr Bain

Ms Joynes addressed Council for a further 2 minutes and responded to questions from Councillors.

Ms Nicole Uren addressed Council.

RESOLVED on the motion of Crs Fitzpatrick and Seckold that an extension of two minutes be granted to Ms Uren to complete her address.

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

Against:                  Nil

Absent:                    Cr Bain

Ms Uren addressed Council for a further 2 minutes and responded to questions from Councillors.

The representatives of Salvestro Development Pty Ltd were not in attendance.

Ms Cheryl Alcock addressed Council and responded to questions from Councillors.

Mr Peter Rogers addressed Council and responded to questions from Councillors.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

6.1

Council support for 'No balloon release'

43/17

RESOLVED on the motion of Crs McBain and Griff

1.      That Council ban the release of balloons at Council events and on Council managed reserves.

2.      The inclusion of a ‘no balloon release’ and sustainability provisions in Council’s Events guidelines and protocols be effected

3.      That Council collaborate with neighbouring council areas and Canberra Region Joint Organisation to support banning the release of balloons.

4.      That Council advocate for a State and National education program on the issues associated with balloon release in relation to littering and helium usage, and encourage the banning of balloon release.

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

Against:                  Crs Fitzpatrick and Allen

Absent:                    Cr Bain

 

7.    Urgent Business

There were no urgent business.

8.

Adjournment into Standing Committees

44/17

RESOLVED on the motion of Crs Nadin 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 Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Absent:                    Cr Bain

 

2:54 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

Detached dual occupancy and strata subdivision - Lot 172 DP 1189258 - 43 Lakewood Drive, Merimbula

 

As this matter was subject to an address by deputation the Chairperson asked the Group Manager Planning and Environment if any new matters had been raised.

The Group Manager advised he was of the opinion that the report dealt with all matters however he understood that Councillors may wish to defer to conduct a site visit.  The Group Manager advised that the applicant had requested to address Council but was not in attendance at the Council Meeting today.  The applicant had requested that additional information be circulated to Councillors and tabled at the meeting, this was done.

45/17

RESOLVED on the motion of Crs Tapscott and Dodds

That the matter be deferred for a site inspection by Councillors and suitable staff and the matter be further reported to Council.

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

Against:                  Crs Fitzpatrick and Allen

Absent:                    Cr Bain

 

9.2

Replacement signage of petrol pricing advertising sign - 39 Quondola Street, Pambula

 

Cr Fitzpatrick declared a non pecuniary interest regarding Item 9.2, Replacement signage of petrol pricing advertising sign - 39 Quondola Street, Pambula on the basis that he is a regular user of the service station.  Cr Fitzpatrick remained in the meeting room and took part in debate and voting.

46/17

RESOLVED on the motion of Crs Tapscott and Dodds

That Development Application No. 2016.505, being for replacement signage at Lot 1 Section 33 DP 758825, 39 Quondola Street, Pambula be refused for the following reasons:

a)         The proposed development is contrary to the aims and objectives of Bega Valley Development Control Plan 2013 as the design and appearance of the proposed development would detract from the heritage character of the town and is not consistent with Pambula’s historic and aesthetic values.

b)        The proposed development is contrary to the specific objectives of Bega Valley Development Control Plan 2013 ‘Pambula Town Centre, Precinct 1 – Main Street Commercial’ as the proposed development is inconsistent with the heritage character of Quondola Street and heritage items within.

c)         The proposed development is contrary to the objectives of Bega Valley Local Environmental Plan 2013 as the development does not conserve the heritage significance of the designated Heritage Conservation Area.

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

Against:                  Nil

Absent:                    Cr Bain

 

9.3

Request for support to extend funding to NCCARF

 

The General Manager advised that in the draft letter attached to the report the date will be amended to July 2017. 

The resolution was previously adopted by the ALGA, and a submission was considered by the Local Government board.  Council is aligned with the NCCARF and Council staff utilities the NCCARF research information.  Funded expires in June 2017. Council has written to the Government to extend the funding.

 

47/17

RESOLVED on the motion of Crs McBain and Nadin

That Bega Valley Shire Council calls on the Minister for the Environment and Energy to

extend funding for the National Climate Change Adaptation Research Facility

(NCCARF) to enable it to continue to provide much-needed support and guidance to

coastal councils in their efforts to respond to the projected impacts of climate

change.  

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

Against:                  Nil

Absent:                    Cr Bain

 

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

Former Community Health Building - Bemboka

 

RESOLVED on the motion of Crs Allen and Seckold

That the matter be dealt with today.

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

Against:                  Nil

Absent:                    Cr Bain

 

48/17

RESOLVED on the motion of Crs Allen and Nadin

1.      That Council note the report.

2.      That Council divest the Community Health Building in Bemboka to the Bemboka Community Cottage Group for a nominal sum and allow a period of 6 months for the committee to become incorporated, and that an appropriate Covenant or restriction be registered on the Title to protect the ongoing use of the building for the community.

3.    That Council advise the Bemboka Community Cottage Group of its decision and support them to gain appropriate legal advice.

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

Against:                  Nil

Absent:                    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

Licence Agreement to Bega Valley Bridge Club

49/17

RESOLVED on the motion of Crs Allen and Dodds

1.    That Council, as Reserve Trust Manager of the Tathra Beach (R79310) Reserve Trust, approve a further three year Licence Agreement to the Bega Valley Bridge Club Inc. for their continued occupation of the green shed building located on Crown Reserve 79310 at Tathra at the annual rental fee of $2,164.06 per annum increased annually by CPI.

2.    That authority is given for the Mayor and General Manager to execute the Licence Agreement.

3.    That in accordance with the requirements of the Crown Lands Act, Council obtains the Minister’s formal consent to enter into the Licence Agreement.

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

Against:                  Nil

Absent:                    Cr Bain

 

11.2

Bega Pioneers' Museum

 

RESOLVED on the motion by Crs Allen and Dodds

That the matter be dealt with today.

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

Against:                  Nil

Absent:                    Cr Bain

 

50/17

RESOLVED on the motion of Crs McBain and Seckold

1.         That Council approve the transfer of ownership of the Bega Pioneers’ Museum (being Lot 1 DP 787591) located at 87 Bega Street, Bega to the Bega Valley Historical Society Incorporated (the Society) for the nominal sum of $1.00. 

2.         That prior to any transfer, Council ensure the Society fully understand the current condition of the asset and the financial ramifications of transferring the site to their ownership.

3.         That a restriction and/or covenant be registered on the Title prior to transfer in order to protect the value of the asset for provision for a public museum in Bega and prior to any future sale of the asset Council’s formal consent must be obtained.

4.         That the General Manager and Mayor be authorised to execute the necessary documentation to effect this course of action. 

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

Against:                  Nil

Absent:                    Cr Bain

 

 

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

RFT 1402152 Merimbula Ocean Outfall Consultancy for Environmental Impact Assessment and Concept Design

 

03:37 pm       Cr Griff left the meeting.

RESOLVED on the motion of Crs Allen and McBain

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

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

Against:                  Nil

Absent:                    Crs Bain and Griff

 

03:40 pm       Cr Griff returned to the meeting.

51/17

RESOLVED on the motion of Crs Allen and McBain

1.      That Council accept the tender from AECOM for the work described in Tender RFT 1402152 preparation of an Environmental Impact Assessment and development of a Concept Design for the Merimbula Ocean Outfall, in the amount of $3,264,382.60 (including GST), subject to variations and provisional sums.

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

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

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

Against:                  Nil

Absent:                    Cr Bain

 

12.2

Merimbula Lake and Back Lake Flood Study Final Findings

52/17

RESOLVED on the motion of Crs McBain and Seckold

1.      That Council endorse the findings and recommendations of the Merimbula Lake and Back Lake Flood Study as the best available flood information and interim measures for use in developing any subsequent floodplain risk management study and plan; and future emergency response planning.

2.      Following endorsement of the Merimbula Lake and Back Lake Flood Study findings and recommendations, that Council set aside an amount of $85,000 to support a grant application to the Office of Environment and Heritage’s Floodplain Management Programme for a subsequent Merimbula Lake and Back Lake Floodplain Risk Management Plan and Study.

3.      That a copy of the final endorsed Merimbula Lake and Back Lake Flood Study be published on Council’s website and also provided to Council’s Local Emergency Management Committee for its information.

4.      That Council receive a further report from Council’s planning officers regarding any implementation issues surrounding the sea level rise benchmarks or other related planning implications arising from the final flood study findings

5.      That during future development of a future flood plain risk management study and plan, consideration be given to how to mitigate excessive and noxious plant growth within watercourses that impedes flow.

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

Against:                  Nil

Absent:                    Cr Bain

 

12.3

West Pambula Sewerage Infrastructure

53/17

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council remove the capital works for sewer services to West Pambula from the current sewer long term financial plan and consider the matter further in the review of the sewer development servicing plan.

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

Against:                  Nil

Absent:                    Cr Bain

 

12.4

Tathra Wharf Condition Assessment

 

04:07 pm       Cr Nadin left the meeting.

04:11 pm       Cr Nadin returned to the meeting.

 

54/17

RESOLVED on the motion of Crs McBain and Seckold

1.         That Council note the findings of the Condition Assessment Report in relation to the poor condition of the over-water substructure of the Tathra Wharf.

2.         That approval be granted to undertake preliminary design work, including consultation with NSW Office of Environment and Heritage, in order to adequately scope and cost the works associated with repairing or replacing the failed / poor condition piles, identified as Priority 2 in the Condition Assessment Report.

3.         That Council prepare and submit a funding application for the 2017/2018 Public Reserves Management Fund Program.

4.         That Council investigate funding opportunities through other Federal, State, Boating and Heritage avenues.

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

Against:                  Nil

Absent:                    Cr Bain

 

12.5

Tender 117/16 for the Merimbula Airport Airside Infrastructure Consultancy

 

RESOLVED on the motion of Crs Allen and Nadin

That Council accept the recommendation as outlined in the Confidential Memorandum attachment.

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

Against:                  Nil

Absent:                    Cr Bain

55/17

RESOLVED on the motion of Crs Allen and Dodds

1.         That Council accept the tender from Lambert & Rehbein in relation to contract for the works described in Tender 117/16, in the amount of $494,538.00 (including GST), subject to variations and provisional sums.

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

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

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

Against:                  Nil

Absent:                    Cr Bain

 

12.6

Tender 02/17 for the Merimbula Airport Terminal Extension Consultancy

 

RESOLVED on the motion of Crs Allen and Tapscott

That Council accept the recommendation as outlined in the confidential attachment.

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

Against:                  Nil

Absent:                    Cr Bain

 

56/17

RESOLVED on the motion of Crs Allen and Griff

1.         That Council accept the tender from Sanders Turner Ellick Architects Pty Ltd in relation to contract for the works described in Tender 02/17, in the amount of $56,650.00 (including GST), subject to variations, provisional sums and separable portions.

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

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

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

Against:                  Nil

Absent:                    Cr Bain

 

12.7

Bega Valley Local Traffic Committee

57/17

RESOLVED on the motion of Crs McBain and Nadin

Merimbula Jazz Festival Street Parade

1.         That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10.00am and 12.00noon on Saturday, 10 June 2017 for the Merimbula Jazz Festival street parade.

2.         That, subject to conditions, Beach Street, Merimbula between the intersections of Market Street and Alice Street be temporarily closed between 6am and 12noon on Saturday, 10 June 2017 for the Merimbula Jazz Festival street parade and performance.

3.         That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival street parade and performance on Saturday, 10 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.

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

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

 

Quaama Public School P&C Annual Walkathon

1.         That the Quaama Public School P&C Annual Walkathon along Warrigal Range Road, Brogo on Friday, 5 May 2017 be approved and deemed a Class 2 Special Event.

ANZAC Day Services – Bega, Bemboka, Tathra and Wolumla

1.         That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day March and Service in Bemboka be approved and deemed a Class 1 Special Event.

2.         That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day Dawn Service, March and Service in Bega, Anzac Day Dawn Service, March and Service in Tathra and Anzac Day March and Service in Wolumla be approved and deemed a Class 2 Special Event.

3.         That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra and Bega Street in Wolumla be temporarily closed on Tuesday, 25 April 2017 for the Bega RSL Sub Branch Anzac Day proceedings, as per the Traffic Control Plans.

4.         That the temporary closure of the Snowy Mountains Highway, Bemboka is solely for NSW Roads and Maritime Services Road Occupancy Licence determination.

ANZAC Day March & Service – Cobargo

1.         That the proposed traffic arrangements for the Cobargo RSL Sub Branch ANZAC Day March on Tuesday, 25 April 2017 be approved and deemed a Class 1 special event.

2.         That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Tuesday 25 April 2017 for the Cobargo RSL Sub Branch ANZAC Day March, in accordance with Traffic Control Plan.

3.         That the temporary closure of the Princes Highway, Cobargo is solely for NSW Roads and Maritime Services Road Occupancy Licence determination.

ANZAC Day March & Service – Candelo

1.         That the proposed traffic arrangements for the Candelo RSL Sub Branch Anzac Day March and Service on Tuesday, 25 April 2017 be approved and deemed a Class 2 special event.

2.         That the section of William Street, Candelo between the intersections of Eden Street and Queen Street be temporarily closed on Tuesday, 25 April 2017 for the Candelo RSL Sub Branch Anzac Day March and Service, in accordance with Traffic Control Plan.

ANZAC Day March & Service – Merimbula & Pambula

1.         That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day Dawn Service, March and Service in Merimbula on Tuesday, 25 April 2017 be approved and deemed a Class 2 special event.

2.         That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day March and Service in Pambula on Tuesday, 25 April 2017 be approved and deemed a Class 1 special event.

3.         That sections of Main Street, Market Street and Beach Street, Merimbula and Quondolo Street (Princes Highway), Pambula be temporarily closed on Tuesday, 25 April 2017 for the Merimbula RSL Sub-Branch Anzac Day Dawn Service, March and Service in Merimbula and March and Service in Pambula, in accordance with the Traffic Control Plans.

4.         That the temporary closure of the Princes Highway, Pambula is a matter solely for NSW Roads and Maritime Services Road Occupancy Licence determination.

ANZAC Day March & Service – Eden

1.         That the proposed traffic arrangements for the Eden RSL Sub Branch Anzac Day March on Tuesday, 25 April 2017 be approved and deemed a Class 2 Special Event.

2.         That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Tuesday, 25 April 2017 for the Eden Sub Branch Anzac Day March, in accordance with the Traffic Control Plans.

ANZAC Day March & Service – Bermagui

1.         That the proposed traffic arrangements for the Bermagui RSL Sub Branch Anzac Day March and Service on Tuesday, 25 April 2017 be approved and deemed a Class 2 special event.

2.         That the section of Lamont Street, Bermagui, between the intersections of Wallaga Street and Pacific Drive be temporarily closed on Tuesday, 25 April 2017 for the Bermagui RSL Sub Branch Anzac Day March and Service, in accordance with the Traffic Control Plan.

Bega Pony Club Street Parade

1.         That the Bega Pony Club Street Parade be deemed a Class 4 Special Event under the direct control and management of NSW Police.

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

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

Against:                  Nil

Absent:                    Cr Bain

 

 

12.8

Purchase of replacement equipment for the Works Sealed Road Maintenance Program, Plant number 341101

 

RESOLVED on the motion of Crs Allen and Seckold

That Council adopt the recommendations from the Confidential Memorandum.

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

Against:                  Nil

Absent:                    Cr Bain

58/17

RESOLVED on the motion of Crs Allen and Nadin

1.         That Council accept the quotation from Paveline International Pty Ltd for the purchase of one road patching truck as described in RFQ 115/16, in the amount of $436,004.00 (including GST).

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

3.         That the unsuccessful suppliers be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Cr Bain

 

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.

 

13.1

Community Service Medallions - Appointment of Committee Members

 

Cr Allen declared a non pecuniary interest regarding Item 13.1, Community Service Medallions - Appointment of Committee Members on the basis that he is related to one of the nominees.  Cr Allen departed the meeting room, taking no part in debate or voting on this item.

04:41 pm       Cr Allen left the meeting.

RESOLVED on the motion of Crs McBain and Seckold

That Council adopt the recommendations outlined in the Confidential Memorandum.

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

Against:                  Nil

Absent:                    Crs Bain and Allen

 

59/17

RESOLVED on the motion of Crs McBain and Seckold

1.      That the following persons be accepted as Committee Members of the Bega Valley Community Service Medallion Committee Norma Allen, Cheryl McCarthy and Lori Hammerton and further potential members be identified and recommended to Council ensuring diversity and location across the Shire.

2.      That the Committee consider nominations for 2017 Bega Valley Community Service Medallions and provide recommendations for consideration and approval by Council at its next Ordinary meeting, namely April 2017.

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

Against:                  Nil

Absent:                    Crs Bain and Allen

04:49 pm     Cr Allen returned to the meeting.

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

60/17

RESOLVED on the motion of Crs Griff and Seckold

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

Against:                  Nil

Absent:                    Cr Bain

4.50 pm         The Ordinary Meeting was reconvened.

15.

Adoption of reports from Standing Committees

61/17

RESOLVED on the motion of Crs Tapscott and Seckold

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

Against:                  Nil

Absent:                    Cr Bain

 

16.      Delegates Reports

 

16.1

Canberra Regions Joint Organisation Meeting 17 February 2017

 

Delegates report was noted.

 

 

 

17.      Rescission/alteration Motions

There were no rescission/alteration motions.

18.      Notices of Motion

 

18.1

Investigation into provision of reticulated water to Council owned or managed sporting facilities

 

 

Cr Fitzpatrick declared a non pecuniary interest regarding Item 18.1, Investigation into provision of reticulated water to Council owned or managed sporting facilities on the basis that he is the Chairman of the Pambula Show Society.  Cr Fitzpatrick left the meeting room and took no part in debate or voting.

04:54 pm       Cr Fitzpatrick left the meeting.

62/17

RESOLVED on the motion of Crs Allen and Nadin

Notice of Motion

1.      That the connection of recycled water to sporting complexes and sporting grounds located in close proximity to Council Treatment Works are considered in the review of Council's Water and Sewer Strategic Business Plans to be undertaken later in 2017.

2.      That consultation take place with the Pambula Sporting Complex Committee in relation to their capacity to upgrade their irrigation system and any budget considerations.

3.      That staff undertake project costings and concept design for Pambula Sporting Complex for reused water use to be considered for inclusion in the 2017/2018 sewer budget.

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

Against:                  Nil

Absent:                    Crs Fitzpatrick and Bain

05:26 pm       Cr Fitzpatrick returned to the meeting.

 

19.      Questions On Notice

 

19.1

Costs of a hard waste collection run

 

Cr McBain asked could Council receive an updated report on the costs of a hard waste collection run for discussion as part of any waste collection contract?

The question was taken on notice by the Director, Transport and Utilities.

 

19.2

Crown Lands funding

 

Cr Fitzpatrick asked if Council would negotiate for consideration of annual allocations to reserves in which caravan parks were located as part of the implementation of upcoming Crown Lands Act changes or alternatively to request that management of the caravan parks reserves revert to Council and if there was capacity to hand back other high cost Crown assets.

The General Manager responded that the roll out of the implementation of the Crown Land Management Act 2016 regulations and community engagement strategy is currently being developed.  The General Manager has received an initial briefing with expectation that the implementation will not commence until next year.  The options presented by Cr Fitzpatrick will be placed on record for Council to include in discussions when appropriate.

 

20.  Questions for the Next Meeting

 

21.  Confidential Business

 

Adjournment Into Closed Session

63/17

RESOLVED on the motion of Crs Fitzpatrick and Seckold

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

21.1    Water Treatment Facility Proposal at South Bega

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

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

Against:                  Nil

Absent:                    Cr Bain

Statement of Cessation of Live Streaming for the period of the Closed Session.

The Chairperson advised that the recording of the meeting would cease for the period of the Closed Session of Council.

5.52 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

Water Treatment Facility Proposal at South Bega

64/17

RESOLVED on the motion of Crs Griff and Seckold

That Council note the resolution of the Closed Session.

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

Against:                  Nil

Absent:                    Cr Bain

 

23.  Resolutions to declassify reports considered in closed session

 

Closure

There being no further business, the Chairperson closed the meeting at 5.53 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 15 March 2017.