1.

Apologies

110/17

RESOLVED on the motion of Crs Dodds and Nadin

That the apology from Cr Tapscott be accepted for her inability to attend the meeting and leave of absence be granted .

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

Against:                  Nil

Absent:                    Cr Tapscott

2.

Confirmation of Minutes

111/17

RESOLVED on the motion of Crs Griff and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 17 May 2017 as circulated, be taken as read and confirmed with the following amendment to the Ordinary and Closed Session:

21.2  Code of Conduct matter

        RESOLVED on the motion of Crs Nadin and Allen

1.     That Council note the Code of Conduct Investigation against Cr Russell Fitzpatrick

2.     That Council, as per the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW, determine the complaint by resolving to:

(d) Not to adopt the Independent Reviewer's recommendations and advise the Office of Local Government of the decision including reasons for this decision (Clause 8.59 of the Procedures), being:

•     Cr Fitzpatrick is a long serving Councillor, whose conduct previously has been of a high calibre, faithfully serving his community as both a Councillor and Deputy Mayor and on various Community Committees and groups for a significant number of years.  He demonstrates a strong commitment to working effectively for his community.

•     The recommendations made by the Independent reviewer are severe and inappropriate and do not accord with Councillors’ view of Cr Fitzpatrick’s behaviour as a Councillor. Cr Fitzpatrick has been involved in the projects in Snug Cove in his role as a Councillor since 2009 and not as a private citizen.

3.     Further training on code of conduct matters particularly focusing on pecuniary and non-pecuniary be held as a priority for all Councillors.

IN FAVOUR:      Crs Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

AGAINST:       Nil

ABSENT:          Crs Fitzpatrick and Bain

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

Against:                  Nil

Absent:                    Cr Tapscott

Request to address Council

112/17

Councillors noted  the request from Mr Pasilich and Mr Silvestro to address Council regarding:

Item 9.1 Detached dual occupancy and strata subdivision, 43 Lakewood Drive, Merimbula: DA 2016.293

Mr Pasilich and Mr Silvestro were not present at the meeting.

8.

Adjournment into Standing Committees

113/17

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

Against:                  Nil

Absent:                    Cr Tapscott

9.1

Detached dual occupancy and strata subdivision, 43 Lakewood Drive, Merimbula

114/17

RESOLVED on the motion of Crs Allen and McBain

1.         That the Development Application 2016.293 for the erection of a detached dual occupancy and carport on Lot 172 DP 1189258, 43 Lakewood Drive, Merimbula be refused for the following reasons:

i)        The development is inconsistent with the objectives of Clause 4.3(1)(b) of the Bega Valley Local Environmental Plan 2013 as the development does not protect residential amenity, privacy and solar access of the adjoining residence.

ii)       The development is inconsistent with the provisions of Clause 3.2.2.3 of the Bega Valley Development Control Plan 2013 in terms of maintaining adequate solar access to principle private open space areas of the adjoining residence.

iii)      The development is inconsistent with the provisions of Clause 3.2.2.1 of the Bega Valley Development Control Plan 2013 as the development design does not afford adequate and reasonable privacy to the adjoining residence.

2.         That those persons who made submissions be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Cr Tapscott

10.1

Mumbulla Foundation Memorandum of Understanding

115/17

RESOLVED on the motion of Crs Nadin and McBain

1.      That Council endorses the Memorandum of Understanding (MOU) with the Mumbulla Foundation. with the amendment “The foundation will be advised in July in each year of the amount of the allocation”

2.      That Council authorises the General Manager as a signatory to the MOU,

3.      That Council endorses an annual financial contribution to the Mumbulla Foundation for the term of the MOU, subject to being discussed by Councillors as part of the annual budget processes.

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

Against:                  Nil

Absent:                    Cr Tapscott

10.2

Memorandum of Understanding with South East Arts

A motion was moved Cr McBain and Seckold

1.    That Council endorses the Memorandum of Understanding (MOU) with South East Arts.

2.    That Council authorises the Director Community Relations and Leisure as a signatory to the MOU.

3.    That Council endorses an annual financial contribution to South East Arts for the term of the MOU subject to annual budget processes.

An amendment was moved by Cr Nadin and Bain

1.    That the MOU be amended to reflect the allocation will be provided to South East Arts in July each year.

2.      That point 3 be amended to read “subject to being discussed by Councillors as part of the annual budget processes. :

The amendment was accepted by the mover and seconder.

116/17

RESOLVED on the motion of Crs McBain and Seckold

1.      That Council endorses the Memorandum of Understanding (MOU) with South East Arts, with the amendment “The foundation will be advised in July in each year of the amount of the allocation”.

2.    That Council authorises the Director Community Relations and Leisure as a signatory to the MOU.

3.      That Council endorses an annual financial contribution to South East Arts for the term of the MOU subject to being discussed by Councillors as part of the annual budget processes. .

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

Against:                  Nil

Absent:                    Cr Tapscott

10.3

Bruce Steer Pool Bermagui - Public Amenities Building

A motion was moved by Cr Bain and McBain

That the report be deferred to allow further information be provided to Councillors and the Bermagui community to come to an agreement with Council on the provision of toilet facilities at this location.

Cr Fitzpatrick moved that the motion be put.

117/17

RESOLVED on the motion of Crs Bain and McBain

That the report be deferred to allow further information be provided to Councillors and the Bermagui community to come to an agreement with Council on the provision of toilet facilities at this location.

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

Against:                  Crs Griff and Dodds

Absent:                    Cr Tapscott

12.1

Section 64 Contributions - Alternative Charging Mechanisms

118/17

RESOLVED on the motion of Crs Fitzpatrick and Allen

That the matter be deferred for further briefings with Councillors

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

Against:                  Nil

Absent:                    Cr Tapscott

13.1

Panel Delegates and Representatives - Chairperson Traffic Committee

119/17

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.      That Council appoint Cr Bain as the delegates to Local Traffic Committees until September 2017.

2.      That the Traffic Committee be advised of the appointed delegate and that they be requested to forward notice of meetings and invitations, directly to the new Council appointed delegates

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

Against:                  Nil

Absent:                    Cr Tapscott

The Mayor thanked Cr Fitzpatrick for his time on the Local Traffic Committee.

14.1

New South Wales Treasury (TCorp) Approval of Loan Facilities

120/17

RESOLVED on the motion of Crs McBain and Nadin

1.    That Council resolve to borrow $0.9m from New South Wales Treasury Corporation to be drawn down in the 2017 financial year.

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

Against:                  Nil

Absent:                    Cr Tapscott

15.

Adoption of reports from Standing Committees

121/17

RESOLVED on the motion of Crs Seckold and Bain

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, Dodds and Allen

Against:                  Nil

Absent:                    Cr Tapscott

16.1

Cr Seckold -  ALGWA NSW Annual Conference 2017

Cr Seckold spoke briefly to her report.

The report from Councillor Seckold that was published in the Agenda for the meeting of 7 June 2017 was noted.

16.2

Statement by Councillor

Cr Bain made the following statement of apology.

 Last year there was a decision that came before the Council, or a motion that came before the Council in relation to the Cattle Bay Development site, where it was proposed by the Developer, that Council waive $1.2 m in fees and charges for that development.

I was part of that decision, I voted not to waive $1.2 m in charges, on the basis it was not fair for the ratepayer.

Subsequent to that there has been complaints that I had a non-pecuniary interest.  That has been investigated.  The investigator has come back and said I have had a non-pecuniary interest, and for that I apologise.

18.1

Alteration Motion Bermagui Spiire Masterplan

122/17

RESOLVED on the motion of Crs McBain and Nadin

Alteration Motion

1.    That Council alter the Resolution of 4 February 2015 to read:

That Council adopts the draft Central Business District (CBD) landscape masterplans for Merimbula and Bega and that these masterplans form the basis for the future enhancement of the two towns.

2.    That Council alter the Resolution of 1 February 2017 to read:

1.    That 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 Central Business District (CBD) masterplan and to establish detailed working plans, including traffic and parking plans, in consultation with the community for Merimbula CBD.

2.    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.

3.    That discussions on the development of a new concept plan and detailed design for Bermagui be undertaken with the local community when funding for works is identified.

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

Against:                  Nil

Absent:                    Cr Tapscott

20.1

The Bega to Tathra Safe ride Committee – Cr Seckold

Cr Liz Seckold noted the Bega to Tathra Safe Ride committee appreciates Council support, in particular its advice and would appreciate a meeting with the General Manager and Council officers to discuss a letter of support that could be used should any State of Federal grant money become available as the State Budget is due for announcement on 20 June.

The question was taken on notice by the General Manager.