1.

Apologies

The leave of absence for Cr Russell Fitzpatrick for today’s meeting approved on 15 March, 2017 was noted.

2.

Confirmation of Minutes

66/17

RESOLVED on the motion of Crs Bain and Nadin

That the Minutes of the Ordinary Meeting held on 5 April 2017 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

4.1

Proposed disposal of land at Taronga Crescent, Bega

Mr Peter Hughes, Tulgeen Director and Jen Russell, Tulgeen CEO requested permission to address Council prior to the publication of the Agenda.

4.2

Request to Address Council received after publication of the Agenda

67/17

RESOLVED on the motion of Cr Seckold and Dodds

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

Regarding Report No 10.1 Twyford Hall Incorporated request

Mr John Beever, on behalf of the Twyford Hall Committee

Regarding Report No 10.3. Revised Coastal Accessibility Plan

Bermagui Chamber of Commerce President, Mr Keith Bowden

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

RESOLVED on the motion of Crs Tapscott and Dodds that an extension of time of 2 minutes be allowed for Mr Bowden to complete his address.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

8.

Adjournment into Standing Committees

68/17

RESOLVED on the motion of Crs Seckold and Dodds

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

9.1

Finalisation of Amendments to Local Environment Plan 2013 - Minor Amendments Planning Proposal

A motion was moved by Crs McBain and Dodds:

1.         That Council resolves to adopt the land use zone mapping amendments as listed in Part 1 of this report.

2.         That Council resolves to adopt the amendments to the Heritage mapping and Schedule 5 of Bega Valley Local Environmental Plan 2013 as detailed in Part 2 of this report.

3.         That Council resolves to permit with consent ‘information and educational facilities’ in the Low Density Residential Zone (R2 Zone) and Medium Density Residential Zone (R3 Zone).

4.         That Council resolves to permit with consent ‘restaurants and cafes’ in Neighbourhood Centres (B1 Zone).

5.         That Council resolves to alter the maximum floor space for ‘kiosk’ from 20m² to 50m² as listed at Clause 5.4(6) of Bega Valley Local Environmental Plan 2013.

6.         That Council proceeds to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 26) in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

An amendment to the motion was moved by Cr Bain and seconded by Cr Allen that point 2 be amended to:

1.         That Council resolves to adopt the land use zone mapping amendments as listed in Part 1 of this report.

2.         That Council resolves to adopt the amendments to the Heritage mapping and Schedule 5 of Bega Valley Local Environmental Plan 2013 as detailed in Part 2 of this report, excluding Item 14 of the schedule..

3.         That Council resolves to permit with consent ‘information and educational facilities’ in the Low Density Residential Zone (R2 Zone) and Medium Density Residential Zone (R3 Zone).

4.         That Council resolves to permit with consent ‘restaurants and cafes’ in Neighbourhood Centres (B1 Zone).

5.         That Council resolves to alter the maximum floor space for ‘kiosk’ from 20m² to 50m² as listed at Clause 5.4(6) of Bega Valley Local Environmental Plan 2013.

6.         That Council proceeds to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 26) in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

The amendment was put to the vote and it was LOST

In favour:             Crs Bain, Nadin and Allen

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

Absent:                    Cr Fitzpatrick

The motion was put the vote and it was

69/17

RESOLVED on the motion of Crs McBain and Dodds

1.         That Council resolves to adopt the land use zone mapping amendments as listed in Part 1 of this report.

2.         That Council resolves to adopt the amendments to the Heritage mapping and Schedule 5 of Bega Valley Local Environmental Plan 2013 as detailed in Part 2 of this report.

3.         That Council resolves to permit with consent ‘information and educational facilities’ in the Low Density Residential Zone (R2 Zone) and Medium Density Residential Zone (R3 Zone).

4.         That Council resolves to permit with consent ‘restaurants and cafes’ in Neighbourhood Centres (B1 Zone).

5.         That Council resolves to alter the maximum floor space for ‘kiosk’ from 20m² to 50m² as listed at Clause 5.4(6) of Bega Valley Local Environmental Plan 2013.

6.         That Council proceeds to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 26) 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 Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Crs Bain and Allen

Absent:                    Cr Fitzpatrick

9.2

Cities Power Partnership - Climate Council

A motion was moved by Cr Griff and McBain

Council joins the Cities Power Partnership and approves the Mayor, or delegate, to represent Council at appropriate events related to the partnership.

A motion was foreshadowed by Cr Bain

That the matter be deferred for further information regarding the name of chairperson, the governing body, details on the structure and funding source .

The motion was put to the vote and it was CARRIED

70/17

RESOLVED on the motion of Crs Griff and McBain

Council joins the Cities Power Partnership and approves the Mayor, or delegate, to represent Council at appropriate events related to the partnership.

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

Against:                  Crs Bain, Nadin and Allen

Absent:                    Cr Fitzpatrick

9.3

Confirmation of Land Use Zonings - Millingandi

71/17

RESOLVED on the motion of Crs Tapscott and Dodds

That Council advise the Department of Planning and Environment that it confirms the following zonings be applied to the Millingandi site as follows:

a)         Lot 721 DP 826975, Millingandi; apply E3 and E2 zones.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

10.1

Twyford Hall Incorporated request

Pecuniary Interest

Cr Seckold  declared a pecuniary interest regarding 10.1 Twyford Hall incorporated request on the basis that a member of her family works for a design company who have sub contracted to do works for a contractor engaged by the Twyford Hall Inc.  Cr Seckold departed the meeting room taking no part in debate or voting on the matter.

03:43 pm       Cr Seckold left the meeting.

72/17

RESOLVED on the motion of Crs Allen and Nadin

1.         That the matter be deferred and the Council work with the Twyford Hall Inc Committee to clarify outstanding questions following which a further report be presented to Council.

2.         That Councillors present any further questions in writing to Acting Director, Community Relations and Leisure, for inclusion in the report including matters already raised:

·               Legal advice to clarify legal ownership of the site,

·               Ongoing use of the toilets by the public,

·               Ongoing access to hiring of the hall and kitchen by members of the public,

·               Clarification on use of revenue from the rented properties,

·               Clarification on approval for and source of  funds already spent.

·                Clarification on the community consultation undertaken regarding the proposal,

·                Clarification on whether the proposal is the same as that approved by the development consent.

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

Against:                  Nil

Absent:                    Crs Fitzpatrick and Seckold

10.2

Community hall committee nominations

RESOLVED on the motion of Cr McBain and Allen

That Council adopt the recommendation from the confidential memorandum.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

73/17

RESOLVED on the motion of Crs McBain and Tapscott

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

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

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

10.3

Revised Coastal Accessibility Plan

The Chairperson asked the Acting Director Community Relations and Leisure if any new items had been raised in the deputation to Council on this matter.  The Acting Director responded that the issue of the need for two toilets in the one location needed to be considered.

A motion was moved by Crs Allen and Bain

That the matter be deferred for further report to Council on full asset implications of matters raised in the deputation to Council as per Council’s Code of Meeting Practice.

04:02 pm       Cr Bain left the meeting.

The motion was put to the vote and it was CARRIED

74/17

RESOLVED on the motion of Crs Allen and Bain

That the matter be deferred for further report to Council on full asset implications of matters raised in the deputation to Council as per Council’s Code of Meeting Practice.

The motion was put to the vote and it was CARRIED

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

Against:                  Cr Dodds

Absent:                    Crs Fitzpatrick and Bain

10.4

Community project proposals

75/17

RESOLVED on the motion of Crs McBain and Nadin

1.      That Council note the report.

2.      That Council note the “Bar Beach Memorial Seat” project submitted by a private entity has been approved by Council officers and completed.

3.      That Council note submission of the Horizon Credit Union’s “Water Refill Station for the Community”; Tathra and District Chamber of Commerce’s “Tathra Information Sign” and the Merimbula Special Events Committee’s “Merimbula/Pambula Water Station Installation Project”, which require further development.

4.      That Council note the Berrambool Sports Committee – Stadium Sub Committee’s “Multi-Purpose Sports Stadium Merimbula” has previously been resolved on by Council.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

10.5

Tertiary Scholarships

RESOLVED on the motion of Crs Allen and Seckold

1.      That Council note the report.

2.      That Council adopt the recommendations from the Confidential Memorandum attachment.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

76/17

RESOLVED on the motion of Crs Allen and Seckold

1.      That Council award four $500 BVSC Tertiary Scholarships for vocational students to:

·       Tegan Grant,

·       Ashleigh Sant.

·       Ellie Macarthur, and

·       Tahlia Susanne Oldridge

and three $1,000 BVSC Tertiary Scholarships for University students to:

·       Colby Gray-Balcomb,

·       Eliza Turner, and

·       Kiah Beruldsen

2.         That Council officers advise all applicants of the outcome

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

11.1

Tourism Industry Liaison Group - Terms of Reference

77/17

RESOLVED on the motion of Crs McBain and Bain

1.    That Council note the terms of reference for the Tourism Industry Liaison Group.

2.    That Council approve the commencement of a process to advertise for  three (3) community/tourism industry members to the Tourism Industry Liaison Group.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

11.2

Proposed disposal of land at Taronga Crescent, Bega

The Chairperson asked the Director Strategy and Business Services if any new matters had been raised in the deputation to Council, who advised that in his opinion no new matters had been raised.

78/17

RESOLVED on the motion of Crs Tapscott and Seckold

That the matter be deferred to allow further discussions with Tulgeen Inc and a further report to Council.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

12.1

Bega Valley Local Traffic Committee

79/17

RESOLVED on the motion of Crs Nadin and Dodds

Market Street, Merimbula – Review of Parking Changes

That a decision be deferred pending further information, including the outcome of the 40kmh High Pedestrian Activity Area application currently with NSW Roads and Maritime Services and an overall review of parking and traffic arrangements in the Merimbula Central Business District.

Lumen Christi Catholic College Parking

1.         That the item be deferred pending a review of Development Applications for the Lumen Christi Catholic College site and whether pedestrian access from Pambula Beach Road is permitted.

2.         That Council write to the Principal of Lumen Christi Catholic College advising of the Development Application review outcome and outline appropriate actions.

Kyeamba Street, Merimbula – Request for No Stopping Zone

That a decision be deferred until the Merimbula Central Business District (CBD) Bypass construction is completed.

Merimbula All Day Parking

That a decision be deferred until the Merimbula Central Business District (CBD) Bypass construction is completed.

Intersection of Hill Street and Peden Street, Bega – Safety Issues

1.         That the heritage listed pine trees at the intersection of Hill Street and Peden Street, Bega be referred to Council’s Heritage Advisor to determine if they can be removed or maintained to improve sight lines.

2.         That the existing No Stopping zone on the south western corner of the intersection be extended to a total length of 25 metres from the intersection point to improve sight distance.

3.         That the Give Way pavement markings on the western leg of Hill Street, Bega be reinstated.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

12.2

Underground Power Lines for Merimbula CBD

Non Pecuniary Interest

Cr Nadin declared a non-pecuniary interest regarding Item 12.2 Underground Power Lines for the Merimbula CBD on the basis that he owns a business in the Merimbula CBD. 

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

80/17

RESOLVED on the motion of Crs Nadin and Bain  on the casting vote of the Mayor

1.      That Council note the findings of investigation into the relocation of overhead power line infrastructure to underground in the Merimbula Central Business District, that the report be annexed to the Spiire Masterplan for the Merimbula CBD Masterplan.

2.      That Council identify businesses/landlords that may be affected by any proposed relocation of overhead power lines and advise them of any future proposals.

In favour:             Crs Bain, Nadin, McBain and Allen

Against:                  Crs Griff, Seckold, Tapscott and Dodds

Absent:                    Cr Fitzpatrick

12.3

Road Naming: Baddeley Close, Pambula

81/17

RESOLVED on the motion of Crs Allen and Tapscott

1.    That Council approve the proposal to name the new road located off Monaro Street in Pambula as Baddeley Close.

2.    That Council advertise the proposed name in local media, inviting submissions to the proposal.

3.    That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

12.4

Rectification of road reserve and property boundaries on Upper Cobargo Road, Brogo

82/17

RESOLVED on the motion of Crs Allen and Bain

1.    That Lot 7 DP 1211012 be compulsory acquired for road purposes pursuant to Section 177 of the Roads Act 1993.

2.    That the General Manager be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of Lot 7 DP 1211012.

3.    That Council formally write to the NSW Treasurer and the Hon. Andrew Constance, MP in his capacity as Member for Bega and Minister for Transport and Infrastructure seeking a waiver of compensation for the acquisition of land held by the State of NSW.

4.    That the Mayor and/or General Manager be delegated authority to execute the necessary documents as required. 

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

12.5

Engagement of NSW Public Works Advisory for Project and Design Management of Merimbula STP upgrade EIS and Concept Design

RESOLVED on the motion of Crs Allen and Nadin

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

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

83/17

RESOLVED on the motion of Crs Allen and Bain

1.         That Council accept the proposal from NSW Public Works Advisory for the work involved in the Project and Design Management of the Environmental Impact Assessment and development of a Concept Design for the Merimbula STP Upgrade and Deep Water Ocean Outfall, in the amount of $308,760 (excluding GST), subject to variations and provisional sums.

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

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

13.1

2016 Local Government Election

84/17

RESOLVED on the motion of Crs McBain and Bain

1.    That Council note the report from the NSW Electoral Commission on the Local Government Election 2016.

2.    That prior to 31 March 2019, Council make a decision by way of Resolution, the way it intends to coordinate the 2020 Local Government Election.

3.    That Council resolves to fill any vacancy which arises within the first 18 months of a newly elected Council following the ordinary election through a countback system instead of conducting a by-election.

4.    That Council write to the Minister for Local Government supporting the following recommendations:

Recommendation No Seven (7)

That the committee recommends that the Government remove the mandatory requirement for a candidate to appoint an official agent, but candidates may choose to appoint an official agent if they wish.

Recommendation No Eight (8)

That the committee recommends that the Government remove the requirement that a candidate information sheet is made in the form of a statutory declaration.

Recommendation No Ten  (10)

The Committee recommends that Government abolish the existing eligibility requirements with respect to whether an elector is qualified to cast a postal vote.

Recommendation No Eleven (11)

The Committee recommends that each Council be granted the option to conduct its elections via a postal ballot in lieu of attendance voting on a designated polling day.

Recommendation No Twelve (12)

That the Committee recommends that the Government abolish existing eligibility requirements with respect to whether an elector is qualified to cast a pre-poll vote. Further, the committee recommends that the Government retains the existing two week pre-poll period.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

13.2

Related Party Disclosures Policy

85/17

RESOLVED on the motion of Crs McBain and Seckold

1.    That Council approve the proposed Related Party Disclosure Policy in draft form.

2.    That the draft Related Party Disclosure Policy be placed on public exhibition for a period of 28 business days.

3.    That if no submissions are received the Policy will be enacted and all nominated Councillors, former Councillors and officers will complete the appropriate declarations

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

Against:                  Crs Bain, Nadin and Griff

Absent:                    Cr Fitzpatrick

13.3

Major projects quarterly updates - to April 2017

86/17

RESOLVED on the motion of Crs Allen and Seckold

That Council note the major projects update report.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

13.4

Actions from resolutions of Council - Status Report

87/17

RESOLVED on the motion of Crs Nadin and Allen

That Council note the status report on actions from Council’s Resolutions for the quarterly period of 1 January 2017 to 31 March 2017.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

13.5

Enterprise Risk Quarterly Report (January to March)

88/17

RESOLVED on the motion of Crs McBain and Seckold

That Council note the report specifically the updated information relating to the corporate risk register and activities aimed at improving risk management systems.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

13.6

Closed Circuit Television (CCTV) Policy

89/17

RESOLVED on the motion of Crs McBain and Griff

1.    Approve the Draft Closed Circuit Television (CCTV) Policy to be placed on public exhibition for a period of 28 business days

2.    Note a further report will be presented to Council following the conclusion of the public exhibition period seeking formal adoption by Council for this Policy.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

13.7

Bega Valley Community Service Medallion Award 2017

90/17

RESOLVED on the motion of Crs McBain and Griff

1.    That Council adopt the recommendations from the Bega Valley Community Service Medallion Award Committee and determine the 2017 Medallion awardees.

2.    That the awardees and their nominators be notified and invited to the Award ceremony on 17 May 2017.

3.    That the Medallion Committee be notified of Council's Resolution, and thanked for their participation in the Award process.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

14.1

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

91/17

RESOLVED on the motion of Crs Allen and McBain

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

14.2

Candelo Showground Trust request for waiver of water account.

92/17

RESOLVED on the motion of Crs McBain and Allen

That a waiver for payment of the account of $4,565.86 be approved as a one off payment and that Council staff support and advise the Candelo Showground Trust to ensure the issue of further excess usage is not experienced. 

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

15.

Adoption of reports from Standing Committees

93/17

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

18.1

Jack Martin Reserve Pambula – Cr Bain Notice of Motion.

94/17

RESOLVED on the motion of Crs Bain and Nadin

That Council to write to NSW Crown Lands to insist that they discuss their issues and plans with the people of Pambula, and also consider options presented to them by the Sapphire Coast Advocates for Social Justice in relation to housing matters, and that these discussions take place by 30 June 2017.

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

Against:                  Nil

Absent:                    Cr Fitzpatrick

19.1

Management of RE1 Zone Open Space Areas - Cr Tapscott

The response to the Question on notice regarding RE1 Zone Open Space areas that was published in the Agenda for the Council meeting of 26 April, 2017 was noted.