Ordinary Meeting Minutes

Held on Wednesday 28 June 2017

At Council Chambers, Bega Commencing at 2.00 pm

 


 Present

Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott

 

 In Attendance

General Manager, Ms Leanne Barnes

Director, Transport and Utilities, Mr Terry Dodds

Director, Planning and Environment, Mr Andrew Woodley

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Graham Stubbs

Minute Secretary, Ms Janelle Curtis

 

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.

1.

Apologies

 

There were no apologies.

 

2.

Confirmation of Minutes

 

Council has been advised that in order to formally amend the Minutes of the closed session and open meeting of the 17 May Council is required to  refer the matter back to Council as an alteration motion. This will occur at the next Council meeting. Therefore the minutes of the 7 June must be adopted omitting the item 21.2 under item 2 Adoption of Minutes.

106/17

RESOLVED on the motion of Crs Allen and Dodds

That the Minutes of the Ordinary Meeting held on 7 June 2017 as circulated, be taken as read and confirmed, the minutes of the 7 June omitting the item 21.2 under item 2 Adoption of Minutes

In favour:             Crs Nadin, Dodds, McBain and Allen

Against:                  Crs Griff and Seckold

Abstained:             Crs Fitzpatrick, Bain and Tapscott

 

 

3.          Declarations

Pecuniary Interest

Cr Seckold declared a pecuniary interest regarding Item 12.4 RFT 10007901 Bemboka Water Treatment Plant Design and Construction Contract on the basis her daughter and son-in-law are both engineers with their own company and have previously tendered for the Bemboka Water Treatment works. A signed declaration form was tabled by Cr Seckold for inclusion in the Register noting she will depart the meeting room, taking no part in debate or voting on this item.

Cr  Fitzpatrick declared a pecuniary interest regarding Item 4.1, Deputation by Mr Michael Skitt on the Confirmation of the Minutes, on the basis that the matter concerns him personally.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting he would depart the meeting room, taking no part in debate or voting on this item.

Non Pecuniary Interest

Cr Fitzpatrick declared a significant non-pecuniary Interest regarding Item 9.2 Bega, Tathra, Jellat & Kalaru Planning Proposal  on the basis he is a committee member of Sapphire Coast Turf Club which owns land in the vicinity . A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register noting he will depart the meeting room, taking no part in debate or voting on this item.

Cr Bain declared a significant non-pecuniary regarding Item 9.2 Bega, Tathra, Jellat & Kalaru Planning Proposal  on the basis that she is President of the Sapphire Coast Turf Club.  A signed declaration form was tabled by Cr Bain name for inclusion in the Register noting she will depart the meeting room, taking no part in debate or voting on this item.

Cr Seckold declared a non-pecuniary interest regarding Item Item 9.4  Community Environment Grants on the basis she is a member of the Tathra Landcare Group.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register noting s he will depart the meeting room, taking no part in debate or voting on this item.

Cr Seckold declared a non-pecuniary interest regarding Item Item 10.1 Tathra Headland Walking Path on the basis she has been involved with the Project Working Group for the last four years.  A signed declaration form was tabled by Cr Seckold or inclusion in the Register noting she will depart the meeting room, taking no part in debate or voting on this item.

Cr Tapscott declared a non-pecuniary interest regarding Item 17.1. Cr Sharon Tapscott - Pretty Point Bridge Truss Replacement - Item 12.2 resolved  23rd November 2016 on the basis that her nephew has recently returned to work for Bega Valley Shire Council and is employed within the Bridge Crew.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register noting she will remain in the meeting room and take part in debate or voting

Cr Fitzpatrick declared a significant Non-Pecuniary Interest regarding Item 21.1 Bega Lands on the basis he is a board member of Southern NSW Health District. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register noting he will depart the meeting room, taking no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

 

4.1

Michael Skitt - regarding Confirmation of the Minutes of the Meeting held 7 June 2017

 

02:05 pm       Crs Bain and Fitzpatrick left the meeting.

 

Mr Skitt addressed the Council  noting that in his opinion a breach of the Code of Meeting Practice stating the minutes did not accurately reflect what happened in the Ordinary and Closed Sessions of the 7 June 2017 and tabled supporting documents, asking Council to address his concerns.

02:11 pm       Crs Fitzpatrick and Bain returned to the meeting.

 

4.2

Request to address Council received after publication of the Agenda

 

RESOLVED on the motion of Crs Seckold and Griff

That Council suspend standing order to hear the following addresses to Council:

Item 9.1  Proposed Animal Boarding Establishment - Lot 31 DP 1060526 - Mynora Lane, Cobargo 12.

·         Ms Margaret Stuart and Ms Jennifer Moore

·         Ms Kim Watkins

·         Mr Barry Casey (on behalf of Ms Cherryl Fleming)

·         Mr Robert Jory (applicant)

 

11.1. Request for Financial Support: Funding Application to the Australian Government's Incubator Support Program.

·         On behalf of Bega Valley Innovation Taskforce (BVIT), Ms Sam Avitaia, Mr Liam O’Duibhir, Mr Shane O’Leary, and Mr Zachary Sequoia (authority supplied)

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

Against:                  Nil

Ms Margaret Stuart addressed the Council.

Ms Kim Watkins addressed the Council.

Mr Barry Casey (on behalf of Ms Cherryl Fleming) addressed the Council.

RESOLVED on the motion of Crs Tapscott and Allen that Mr Casey be granted and additional two minutes to complete his address.

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

Against:                  Nil

Mr Robert Jory addressed the Council.

RESOLVED on the motion of Crs Tapscott and Seckold that Mr Jory be granted and additional two minutes to complete his address.

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

Against:                  Nil

Ms Sam Avitaia and Mr Zachary Sequoia addressed the Council.

RESOLVED on the motion of Crs Seckold and Dodds that Mr Sequoia be granted and additional two minutes to complete his address.

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

Against:                  Nil

The Mayor thanked those addressing the Council.

5.        Petitions

                   There were no petitions

6.        Mayoral Minutes

                   There were no Mayoral Minutes.

7.        Urgent Business

                   There was no Urgent Business

8.

Adjournment into Standing Committees

107/17

RESOLVED on the motion of Crs Nadin and Dodds

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees

2.53 pm      The Ordinary meeting adjourned and formed in the committee.

RESOLVED on the motion of Crs Bain and Nadin and that the Governance Items 13.1 to 13.5 be heard first

9.    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

Adoption of draft Community Strategic Plan, Resourcing Strategy, and Disability Inclusion Action Plan

108/17

RESOLVED on the motion of Cr McBain and Seckold

That the exhibited draft Bega Valley Shire Community Strategic Plan 2040 be adopted subject to the changes outlined below:

·    Amend the Draft Community Strategic Plan to further articulate monitoring and reporting processes.

·    Amend Strategy 8 ‘Collaborate with partners to develop local education, training and lifelong learning opportunities’ to include advocacy role for improved education services.

·    Amend Community Vision statement to replace the wording of ‘balance’ to “integrate’.  The current vision statement ‘By working together the Bega Valley Shire community achieves a balance between quality of life, enterprising business, sustainable development and conservation of the environment’.  This would require an amendment to; ‘‘By working together the Bega Valley Shire community integrates quality of life, enterprising business, sustainable development and conservation of the environment’.

·    Amend the Community Strategic Plan to demonstrate a support and advocacy role of the objectives established of the South East Producers ‘South East Food Plan’.

·    Amend the plan to ensure environmental protection for our beautiful natural surrounds; support for youth and women’s refuges; an increasing commitment to renewable energy as a sustainable source of power; encouragement of further recycling; and progress towards more underground power.

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

Against:                  Crs Bain and Allen

109/17

RESOLVED on the motion of Crs McBain and Bain

That the exhibited draft Bega Valley Shire Resourcing Strategy 2017 – 2027 be adopted including the updated three models for the scenarios for the Long Term Financial Plan, including amendments to the 2017/2018 reseal funding and referring the two submissions in regard the Recreation Asset Management Plan to staff.

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

Against:                  Cr Fitzpatrick

110/17

RESOLVED on the motion of Crs Bain and McBain

That the exhibited draft Disability Inclusion Action Plan (DIAP) 2017-2021 be adopted subject to the changes outlined on page 116 and 117 in this report:

·            greater exposure and opportunities for partnerships in the Disability Inclusion Action Plan on both business and tourism.

·            a regular timetable of audits and goals to be documented

·            accessibility options in Council customer service area (Zingel Place) to allow for disability employment opportunities in customer service

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

Against:                  Nil

 

13.2

Adoption of Draft Delivery Program 2017 - 2021 and Operational Plan 2017 - 2018 , Annual Budget 2017 - 2018, Fees and Charges 2017-18 and Making of the Rates and Charges for 2017 - 2018.

111/17

RESOLVED on the motion of Crs Allen and Fitzpatrick

That Council makes the Ordinary Rates for 2017/18 as follows:

Rates

The annual Ordinary Rates are per the Local Government Cost Index increase of 1.5%.

Ø  In accordance with Sections 493, 494 and 537 of the Local Government Act 1993,  ordinary rates for 2017/18 will be:

Ordinary Rate Name

General Rate (cents in dollar)

Base Rate

% of total Rate

Residential

$0.0038770

$480.10

81.52%

Farmland

$0.0038770

$480.10

8.46%

Business

$0.0074289

$480.10

10.02%

Mining

$0.000

 

0%

Interest Charges on Overdue Rates and Charges

Ø  The maximum interest rate of interest payable on overdue rates and charges is reduced from 8% to 7.5%.

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

Against:                  Nil

 

Cr Allen requested that Council deal separately with the Sewer Charges

112/17

RESOLVED on the of Crs Bain and Griff

That Council make each annual charge for water, onsite sewer, stormwater, waste and liquid trade waste for 2017/18 in accordance with the revised Revenue Policy and Fees and Charges as outlined below:

Waste Charges

In accordance with Section 496 and 501 of the Local Government Act 1993, waste management charges for 2017/18 will be:

Waste Management (name of charge)

Charge

Waste Service Availability

$81.50

Domestic Waste Management

$402.50

Domestic Garden Organics

$55.50

Additional Domestic Waste

$209.50

Additional Domestic Recycling

$77.23

Domestic Waste Management - Bin Bank

$402.50

Commercial Waste Management

$557.50

Commercial Garden Organics

$55.50

Additional Commercial Waste

$232.00

Additional Commercial Recycling

$191.60

Stormwater Charges

In accordance with Section 496A of the Local Government Act 1993, stormwater management charges for 2017/18 will be:

Annual stormwater charge for each dwelling, residential or commercial strata and commercial property that benefits from Council’s stormwater system whether built or natural as set out in the following schedule:

Stormwater Management (name of charge)

Charge

Stormwater Charge Residential

$25.00

Stormwater Charge Residential Strata

$12.50

Stormwater Charge Commercial Strata

$5.00

Stormwater Charge Commercial - for land up to 1,200 square metres

$25.00

Stormwater Charge Commercial - for land 1,200 to 3,000 square metres

$100.00

Stormwater Charge Commercial - for land greater than 3000 square metres

$200.00

Water Charges

In accordance with Section 552, 501 and 502 of the Local Government Act 1993, water charges for 2017/18 will be:

·           Water Consumption charge at $2.86 per kilolitre for all water supplied by Council within or without of its area

·           Annual access charge for each connection to Council's water supply determined according to the size of the connection as set out in the following schedule:

Water Meter Size (name of charge)

Charge

20mm Water Access Residential / Commercial

$215.00

25mm Water Access Residential / Commercial

$335.40

32mm Water Access Residential / Commercial

$550.40

40mm Water Access Residential / Commercial

$860.00

50mm Water Access Residential / Commercial

$1,343.75

65mm Water Access Residential / Commercial

$2,270.40

80mm Water Access Residential / Commercial

$3,440.00

100mm Water Access Residential / Commercial

$5,375.00

150mm Water Access Residential / Commercial

$12,093.76

200mm Water Access Residential / Commercial

$21,500.00

Strata Water Access Residential / Commercial

$215.00

Unconnected Water Access Residential / Commercial

$215.00

·           Subject to annual certification by a medical practitioner, Council will provide a four monthly allowance of 70 kilolitres per patient in the case of registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this, all water usage is to be charged at the rate $2.86 per kilolitre.

Onsite Sewer Management Charges

In accordance with Sections 501 and 608 of the Local Government Act 1993, onsite sewerage management charges for 2017/18 will be:

Onsite Sewage Management (name of charge)

Charge

Onsite Sewage Management - Low Risk

$36.00

Onsite Sewage Management - High Risk

$63.00

Onsite Sewage Management - Critical Risk

$141.00

Liquid Trade Waste Charges

In accordance with Section 552, 501 and 502 of the Local Government Act 1993, liquid trade waste charges for 2017/18 will be:

·   Liquid trade waste usage charge at $1.25 per kilolitre of water consumption multiplied by the applicable liquid trade waste discharge factor as detailed in the Draft Revenue Policy 2017/18

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

Against:                  Nil

113/17

RESOLVED on the motion of Cr Allen and Fitzpatrick

That the Residential Sewerage Access Charge remain the same as previous years at $1,147 and other associated sewer charges be adjusted accordingly.

Sewerage Charges

Residential charges

In accordance with Section 552, 501 and 502 of the Local Government Act 1993, sewerage charges for 2017/18 will be:

Residential Sewerage (name of charge)

Charge

Residential Sewerage

$1,147.00

Residential Strata Sewerage

$1,147.00

Residential Unconnected Sewerage

$573.50

Non Strata Sewerage Residential

$1,147.00

Non Strata Sewerage Additional

$1,147.00

Residential Sewerage Pump Up

$1,147.00

Non-residential charges

In accordance with Section 552, 501 and 502 of the Local Government Act 1993, it is recommended Council makes the following sewerage charges for 2017/18:

·         Sewerage usage charge at $4.02 per kilolitre for total water usage multiplied by the applicable sewerage discharge factor as detailed in the Draft Revenue Policy 2017/18

·         Annual access charge for each connection to Council's sewerage system determined according to the size of the connection as set out in the following schedule:

Non-Residential Sewerage Meter Size (name of charge)

Charge

20mm Sewer Connection Access Commercial less % Discharge Factor

$1,147.00

25mm Sewer Connection Access Commercial less % Discharge Factor

$1,789.32

32mm Sewer Connection Access Commercial less % Discharge Factor

$2,936.32

40mm Sewer Connection Access Commercial less % Discharge Factor

$4,588.00

50mm Sewer Connection Access Commercial less % Discharge Factor

$7,168.75

65mm Sewer Connection Access Commercial less % Discharge Factor

$12,112.32

80mm Sewer Connection Access Commercial less % Discharge Factor

$18,352.00

100mm Sewer Connection Access Commercial less % Discharge Factor

$28,675.00

150mm Sewer Connection Access Commercial less % Discharge Factor

$64,518.75

200mm Sewer Connection Access Commercial less % Discharge Factor

$114,700.00

Unconnected Sewerage Access Commercial

573.50

Strata Title Units (per unit) Access Commercial

$1,147.00

 

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

Against:                  Crs Seckold and Dodds

 

A motion was moved by Crs Allen and Griff

That Council make each fee and charge for 2017/18 in accordance with the revised Revenue Policy and Fees and Charges including that the new fee structure for Tanja Hall; the new fee structure for school use of Tanja, Quaama, Bemboka, Wolumla and Towamba Halls; and the new fee structure for the Bermagui Community Centre and meeting rooms be advertised for a period of 28 days with submissions reported to Council

An amendment was proposed by Cr McBain that an amnesty period of 12 months be applied to the any application fee for new A Frames signage, with the Annual Application fee to be charged.

The amendment was accepted by the mover and seconder.

An amendment was proposed by Cr Bain that the fees for Columbo Park in Bemboka held at 2016/2017 rate of $1,200 and that budget shortfall of $2,800 be funded from the grants allocation for festivals and events.

The amendment was not accepted by Cr Allen

An amendment was moved by Crs Bain and McBain

That the fees for Columbo Park in Bemboka held at 2016/2017 rate of $1,200 and that the budget shortfall of $2,800 be funded from the grants allocation for festivals and events.

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

Against:                  Crs Griff and Dodds

The amendment was put to the vote and it was CARRIED

114/17

RESOLVED on the motion of Crs Allen and Griff

1.      That Council make each fee and charge for 2017/18 in accordance with the revised Revenue Policy and Fees and Charges including that the new fee structure for Tanja Hall; the new fee structure for school use of Tanja, Quaama, Bemboka, Wolumla and Towamba Halls; and the new fee structure for the Bermagui Community Centre and meeting rooms for a period of 28 days with submissions reported to Council

2.      That an amnesty period of 12 months be applied to the any application fee for new A Frames signage, with the Annual Application fee to be charged.

3.      That the fees for Columbo Park in Bemboka held at 2016/2017 rate of $1,200 and that the  budget shortfall of $2,800 be funded from the grants allocation for festivals and events.

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

Against:                  Nil

115/17

RESOLVED on the motion of Crs McBain and Dodds

That Council adopt the Revenue Policy with the following amendments:

·         that the amended Revenue Policy reflect the changes to:

·         the general rates model adopted previously (residential and farmland ad valorem amounts the same).

·         the amended sewer charges.

·         that the loans borrowing for 2017/18 be amended to include

·         $4,500k for Merimbula by-pass construction

·         $1,200k for Merimbula airport upgrade works

·         $500k for Sapphire Aquatic Centre Air Handling

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

Against:                  Nil

116/17

RESOLVED on the of Crs McBain and Bain

That Council adopt the exhibited Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 and Annual Budget with the following changes made to program areas to reflect:

1.      Funding identified to be allocated to the Transport Infrastructure area to deliver the asset management plan level of reseals from the following sources:

•        FAG increase due to return of indexation increase in revenue $246k

•        Reduction in Award increase applied reduced employee costs $140k

•        Reduction in General Fund legals $35k

•        Reduction in General Fund consultants $70k

•        Reflection of the works undertaken for water and sewer mowing of $200k

•        Reallocation of Plant fund recalculation $200k

•        Restructuring to achieve improved service outcomes and reduced recurrent expenditure $250k

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

Against:                  Nil

117/17

RESOLVED on the motion of Crs McBain and Nadin

1.      That Council adopt the exhibited Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2017/18 and Annual Budget with the following changes made to program areas to reflect:

2.    That Council allocate$95,000 of the identified recurrent savings outlined to SCT as per their request outlined in the report to Council.

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

Against:                  Crs Fitzpatrick, Bain and Allen

118/17

RESOLVED on the motion of Crs McBain and Nadin

That a mid-term report be prepared against the Delivery Plan

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

Against:                  Nil

4.53 pm RESOLVED unanimously on the motion of Cr Bain and Dodds that a brief adjournment be taken.

5.01 pm The meeting reconvened.

13.3

Councillor and Mayoral Fees (Section 241 Local Government Act)

119/17

RESOLVED on the motion of Crs McBain and Bain

That Council resolve to keep fees at the 2016/2017 rates

1.         That Council resolve the annual fee payable to Councillors, paid monthly from 1 July 2017 to 30 June 2018 will be $18,840

2.          That Council resolve the annual fee payable to the Mayor, paid monthly from 1 July 2017 to 30 June 2018 will be $41,090.

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

Against:            Cr Seckold

 

13.4

Appointment of Delegates to attend Conferences 2017/18

120/17

RESOLVED:

That the following resolutions to attend conferences and forums be noted:

RESOLVED on the motion of Crs Fitzpatrick and Allen

4-6 December, 2017

Local Government NSW Conference, Sydney

Mayor and the General Manager

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

Against:                  Crs Griff, Tapscott and Dodds

A motion was moved by Crs Fitzpatrick and Bain

8- 10 November, 2017

NSW Coastal Conference,

Shoal Bay – Port Stephens

No Councillor attendance

 

A motion was foreshadowed by Cr Griff that a delegate to the Coastal Management Committee attend the NSW Coastal Conference in 2017.

The motion was put to the vote and it was LOST

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

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

The foreshadowed motion was then put to the vote and it was

RESOLVED on the motion of Crs Griff and Seckold

8- 10 November, 2017

NSW Coastal Conference,

Shoal Bay – Port Stephens

One Councillor attend and to consider this be a delegate to the Coastal Management Committee

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

RESOLVED on the motion of Crs Bain and Nadin

TBA-tentatively

November 2017

International Cities Town Centres and Communities Society Conference,

Venue TBA

No Councillor attendance

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

Against:                  Cr Fitzpatrick

RESOLVED on the motion of Crs Allen and Dodds

TBA-tentatively

November 2017

NSW State Library Conference

Venue TBA

No Councillor attendance

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

Against:                  Nil

RESOLVED on the motion of Crs Allen and Nadin

14-16 November 2017

Australian Public Sector Anti-Corruption Conference

Westin Hotel Sydney

No Councillor attendance.

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

Against:                  Nil

RESOLVED on the motion of Crs Allen and Griff

That any conferences to be held January to June 2018 be considered at a later date.

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

Against:                  Nil

 

 

13.5

Licence Agreement to Tathra Beach Bowling Club

121/17

RESOLVED on the motion of Crs McBain and Allen

1.    That Council, as Reserve Trust Manager of the Tathra Beach (R79310) Reserve Trust, approve a further five (5) year Licence to the Tathra Beach Bowling Club Limited for their continued occupation of a 650m2 section of Crown Reserve 79310 at Tathra, at the annual rental fee of $516.62 per annum increased annually by CPI.

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

3.    That in accordance with the requirements of the Crown Land Management Act 2016, Council obtains the Minister’s formal consent to enter into the Licence.

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

Against:                  Nil

 

10.  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

Proposed Animal Boarding Establishment - Lot 31 DP 1060526 - Mynora Lane, Cobargo

 

The Chairperson asked the Director Planning and Environment if any new matters raised had been in the addresses. The Director advised that there would be no new matters to report however Councillors may wish to conduct a site inspection.

122/17

RESOLVED on the motion of Crs Tapscott and Allen

That the matter be deferred as per Council’s Code of Meeting Practice, pending a site inspection

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

Against:                  Cr Griff

 

9.2

Bega, Tathra, Jellat & Kalaru Planning Proposal

 

It was agreed to deal with item regarding Lots 21 & 22 DP 816824 and Lots 2 & 3 DP 249834 - Sapphire Coast Drive, Kalaru, separately.

123/17

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council resolve to apply zoning and minimum lot size controls to the following three sites for which no submissions were received as follows:

a)        Lot 10 DP 1162109 - Finucane Lane, Bega

R5 Large Lot Residential Zone with Minimum Lot Size of 2 Hectares.

b)        Part Lot 4 DP 1077434, Part Lot 2432 DP 793758 and Lot 1510 DP 1077898 - Princes Highway, Bega

R5 Large Lot Residential Zone with Minimum Lot Sizes of 1 and 3 Hectares.

c)         Lot 5210 DP 807872 - D’Arcy Lane, Jellat Jellat

E4 Environmental Living Zone with Minimum Lot Size of 2 Hectares.

2.         That Council proceeds to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 25) for sites listed above in 1 a) – d), in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

3.         That Tathra River Estate be the subject of a separate Planning Proposal and a further report on that matter be presented to Council for consideration.

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

Against:                  Nil

 

Cr Fitzpatrick declared a significant non-pecuniary Interest regarding Item 9.2 Bega, Tathra, Jellat & Kalaru Planning Proposal  on the basis he is a committee member of Sapphire Coast Turf Club which owns land in the vicinity . Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.

Cr Bain declared a significant non-pecuniary interest regarding Item 9.2 Bega, Tathra, Jellat & Kalaru Planning Proposal 1 e  on the basis that she is President of the Sapphire Coast Turf Club.  Cr Bain departed the meeting room, taking no part in debate or voting on this item.

05:33 pm       Crs Fitzpatrick and Bain left the meeting.

124/17

RESOLVED on the motion of Crs Allen and McBain

That Council resolve to apply zoning and minimum lot size controls to the following site for which no submissions were received as follows:

d)        Lots 21 & 22 DP 816824 and Lots 2 & 3 DP 249834 - Sapphire Coast Drive, Kalaru

E4 Environmental Living Zone with Minimum Lot Size of 2 Hectares

2.         That Council proceeds to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 25) for sites listed above in 1 a) – d), in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

3.         That Tathra River Estate be the subject of a separate Planning Proposal and a further report on that matter be presented to Council for consideration.

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

Against:                  Nil

Absent:                    Crs Fitzpatrick and Bain

05:33 pm     Crs Bain and Fitzpatrick returned to the meeting.

 

9.3

Finalisation of Amendment to Local Environmental Plan 2013 - Merimbula, Pambula & Eden Planning Proposal

125/17

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.         That Council resolve to apply zoning and minimum lot size controls to the nine sites for as presented in this report as follows:

a) Merimbula Drive, Merimbula Part Lot 1882 DP 1014185; apply E4, E3 and E2 zonings and minimum lot sizes of 1 hectare (E4), 2 hectares (E4) and 10 hectares (E3) and the tabled E2 and E3 amendment.

With a minor variation to figure 19, as tabled at the Council Meeting altering the boundary between E2 and E3..in keeping with Council’s policy, altering the boundary between E2 and E3..

b) Boggy Creek Road, Millingandi Lot 5431 DP 1041710; apply E4 zoning and minimum lot size of 2 hectares.

c) Oregon Street, Pambula Lot 529 DP 1007936, Lots 1-3, 16-19 Section 45 DP 758825 and Lots 1-4, 19-22 Section 46 DP 758825; apply E3 zoning and minimum lot size of 120 hectares.

d) Bega Street, Pambula Lots 1 & 2 DP 68708, Lots 102 & 103 DP 734647, Lots 16-22 DP 792850, Lots 10-13 DP 1114693, Lots 1-3, 10, 12-14, 15-19 Section 14 DP 758825, Lot 1 DP 198435, Lot 23 DP 803543, Lots 8 & 9 DP 997160 and Lot 10 DP 734647; apply R5 and E4 zonings and minimum lot sizes of 2,000sq/m (R5) and 5,000sq/m (E4).

e) Oaklands Road, Pambula Lots 441 & 442 DP 1077278, Part Lot 381 DP 1027113, Part Lot 45 DP 807327 and Lots 431-433 DP 1152077, Lot 434 DP 1152077; apply E4 and RU2 zonings and minimum lot sizes of 1 hectare (E4) and 120 hectares (RU2).

f) Mount Darragh Road, Lochiel Lot 384 DP 1062442; apply E4 zoning and minimum lot size of 4 hectares.

g) Mount Darragh Road, South Pambula Lot 302 DP 749405; apply R5, E4 and E3 zonings and minimum lot sizes of 3,000sq/m (R5), 5,000sq/m (E4) and 7 hectares (E3).

h) Princes Highway, Griegs Flat Lot 102 DP 1108395; apply E3 and E2 zoning and minimum lot sizes of 5 hectares (E3) and 20 hectares (E3).

i) West Street, Eden Lot 128 DP 750205; apply RU2 zoning and minimum lot size of 120 hectares.

2.         That Council proceeds to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 25) for sites listed above 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 Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

9.4

Community Environment Grants Recommendations 2017-18

 

Cr Seckold declared a Pecuniary Interest regarding Item 9.4 on the basis she is a member of the Tathra Landcare Group.  Cr Seckold departed the meeting room, taking no part in debate or voting on this item.

05:35 pm       Cr Seckold left the meeting.

Cr McBain assumed the Chair in Cr Seckold’s absence.

126/17

RESOLVED on the motion of Crs Tapscott and Dodds

1.         That, subject to the adoption of the 2017/18 Budget, Council endorses the recommendations of the Community Environment Grants Committee as outlined below:

Atlas of Life in the Coastal Wilderness Inc. - Shire wide community conservation projects

Requested funding $5828 Recommended funding $5828

Bega Rifle Club Incorporated - Buffer Belt

Requested funding $3008 Recommended funding $3008

Bemboka Landcare Group Inc. - Bemboka River Reserve access steps

Requested funding $5000 Recommended funding $5000

Bermagui Dune Care - Revegetation of Cuttagee Point

Requested funding $695 Recommended funding $695

Candelo and District Landcare Group Inc - Candelo Creek Rehabilitation Project

Requested funding $950 Recommended funding $950

Dry River Landcare Group Inc - Reclaim Our Riverbank Stage 4 - weed control on Dry River reserve, Quaama

Requested funding $1772 Recommended funding $1772

Friends of Glebe Wetlands - Friends of Glebe Wetlands Stage 2- Habitat Enhancement Project

Requested funding $3625 Recommended funding $3625

From Little Things Parklands (FLTP) - From Little Things Parklands, Merimbula: Urban Environment & Sustainability Education Project

Requested funding $3000 Recommended funding $3000

Pambula Landcare - Conservation of significant environmental assets within Pambula Beach

Requested funding $6000 Recommended funding $6000

Salty Lagoon Nature Reserve Action Group - Salty Lagoon Nature Reserve

Requested funding $4375 Recommended funding $4375

Springvale Landcare Group - Bega River revegetation and stabilisation project, stage 7

Requested funding $6000 Recommended funding $4500

Tathra Landcare - Tathra Foreshores Weed Control Program Stage 2

Requested funding $5775 Recommended funding $5775

Tura Beach Flora Reserve Management Committee - Vegetation Management Tura Beach Flora Reserve

Requested funding $6000 Recommended funding $4200

Tura Mirador Landcare Group - Tura-Mirador Weed Management Plan

Requested funding $2200 Recommended funding $2200

2.         That applicants be advised of the outcome of their application and funding agreements be arranged with the successful organisations.

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

Against:                  Nil

Absent:                    Cr Seckold

05:37 pm       Cr Seckold returned to the meeting.

 

11.  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

Tathra Headland Walking Path - Concept Design

 

Cr Seckold declared a non-pecuniary interest regarding Item  10.1 Tathra Headland Walking Path – Concept Design the basis she has been involved with the Project Working Group for the last four year. Cr Seckold departed the meeting room taking no part in debate of voting on this matter.

05:38 pm       Cr Seckold left the meeting.

A motion was moved by Cr McBain and Nadin

That Council endorses the attached concept documentation for the Tathra Headland Walking Path Project.

Cr Fitzpatrick proposed an amendment.

That the Council provide a letter of support to the Tathra Headland Group to submit a funding application under the NSW State Government’s Walking and Pathways funding opportunities and that the application include funding for construction and 10 years maintenance costs.

The amendment was accepted by the mover and seconder. The amended motion was put to the vote and it was CARRIED.

127/17

RESOLVED on the motion of Crs McBain and Nadin

1.      That Council endorses the attached concept documentation for the Tathra Headland Walking Path Project.

2.      That the Council provide a letter of support to the Tathra Headland Group to submit a funding application under the NSW State Government’s Walking and Pathways funding opportunities and that the application include funding for construction and 10 years maintenance costs.

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

Against:                  Nil

Absent:                    Cr Seckold

05:46 pm       Cr Seckold returned to the meeting.

 

10.2

Tertiary Scholarships 2017

 

RESOLVED on the motion of Crs Tapscott and Dodds

That Council supports the recommendation from the attached Confidential Memorandum.

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

Against:                  Nil

128/17

RESOLVED on the motion of Crs Dodds and Seckold

1.      That Council award one $1,000 BVSC tertiary scholarship for a University student to:

· Taylor Farrell

2.         That Council officers advise the successful applicant of the outcome.

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

Against:                  Nil

 

12.  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

Request for Financial Support: Funding Application to the Australian Government's Incubator Support Program

 

Cr Nadin asked the General Manager if any new matters had been raised in the address to Council.  The General Manager advised that no new matters had been raised and that the address was in support of the project.

RESOLVED on the motion of Crs McBain and Seckold that the matter be heard today.

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

Against:                  Nil

129/17

RESOLVED on the motion of Crs McBain and Bain

That Council approves the reallocation of the $25,000 business grant allocation in the 2016/17 financial year and the $25,000 business grant allocation in the 2017/18 financial year (total $50,000) as a commitment to the submission being prepared by the local taskforce to the Australian Government’s Incubator Support Program to establish an Innovation Hub in Bega.  

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

Against:                  Nil

 

11.2

Bega Saleyards Lease

130/17

RESOLVED on the motion of Crs Allen and McBain

1.    That Council approve a further 20 month lease to Sapphire Horizons Pty Limited (Mr David Boag), from 1 November 2016 to 30 June 2018 on the same terms and conditions as the existing lease.

2.    That the General Manager and Mayor be authorised to execute the necessary documentation.

3.    That Council note a further report will be presented to Council in early 2018 detailing the results of its feasibility investigations, operational costs and options about the future of the Bega Saleyards facility, in consultation with users and other community members.

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

Against:                  Nil

 

13.  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

Drinking Water Fluoridation - Community Information Program Update

 

A motion was moved by Cr Bain

1.         That Council note the fluoridation of drinking water community information process already undertaken.

2.         That a final report regarding addition of fluoride to drinking water be submitted to Council for consideration on 20 September 2017.

Cr Griff asked could information be provided to Councillors regarding the 400 submissions received on this matter, prior the report be provided for the 20 September 2017 meeting.

Cr Tapscott proposed an amendment to the motion that an additional point be added:

3.    That Council investigate options to refer the decision on Fluoridation of Water Supplies to the Director of NSW Health.

The amendment was accepted by the mover and the motion was seconded by Cr Tapscott.

131/17

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Council note the fluoridation of drinking water community information process already undertaken.

2.         That a final report regarding addition of fluoride to drinking water be submitted to Council for consideration on 20 September 2017.

3.         That Council investigate options to refer the decision on Fluoridation of Water Supplies to the Director of NSW Health.

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

Against:                  Crs Griff and Dodds

 

12.2

Waste Strategic Working Group Member Endorsement

132/17

RESOLVED on the motion of Crs Dodds and McBain

That Council endorse the community membership of the Waste Strategic Working Group.

·         Mr Elvis Amair

·         Mr Martin Chambrier

·         Ms Julie Donne

·         Mr Bob Hunt

·         Ms Natalie Lyons

·         Mr Zachary Sequoia

·         Ms Christine Welsh

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

Against:                  Cr Bain

 

12.3

Bega Valley Local Traffic Committee

 

The recommendation from the Local Traffic Committee that all road closures for special events around Fishpen are one-lane closures only (and not two lanes) lapsed for want of a mover and seconder and was not adopted by Council.

 

12.4

RFT 10007901 Bemboka Water Treatment Plant Design and Construction Contract

 

Cr Seckold declared a Pecuniary Interest regarding Item 12.4 RFT 10007901 Bemboka Water Treatment Plant Design and Construction Contract on the basis her daughter and son-in-law are both engineers with their own company and have previously tendered for the Bemboka Water Treatment works. Cr Seckold for inclusion in the Register departed the meeting room, taking no part in debate or voting on this item.

06:09 pm       Cr Seckold left the meeting.

RESOLVED on the motion of Crs Allen and Bain

That Council accept the recommendations detailed in the Confidential Memorandum.

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

Against:                  Nil

Absent:                    Cr Seckold

133/17

RESOLVED on the motion of Crs Allen and Bain

1.         That Council accept the Tender from CRS Water Pty Ltd for the Detail Design and Construction of a new Water Treatment Plant at Bemboka for the amount of $3,683,692 (inclusive of GST) subject to variations and provisional items.

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

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

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

Against:                  Nil

Absent:                    Cr Seckold

06:13 pm       Cr Seckold 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

134/17

RESOLVED on the motion of Crs Allen and Nadin

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 March quarter 2017

135/17

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.    That Council note and endorse the March 2017 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 March 2017 on its website for public information.

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

Against:                  Nil

6.17 pm         The Ordinary Meeting was reconvened.

15.

Adoption of reports from Standing Committees

136/17

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

Against:                  Nil

16.      Councillor Reports

16.1

Canberra Regions Joint Organisation (CBRJO) Meeting 30 and 31 May 2017

 

Cr Bain spoke briefly to her report.

 

The Report from Cr McBain, published in the Agenda for the meeting of 28 June, 2017 was noted.

 

16.2      Australian Local Government National General Assembly June 2017

Cr McBain spoke regarding her recent attendance at the Australian Local Government National General Assembly.  She noted the focus on better linking Local Government and Federal Infrastructure and good liaison between the two tiers of Government.

She also noted advice that funding for Local Councils, who are responsible for 87% of NSW roads infrastructure, has declined over the last 10 years by $975 million from 1% of gross taxable revenue to only 0.55%

A full report will be presented to a future Council Meeting.

17.      Rescission/Alteration Motions

17.1

Pretty Point Bridge Truss Replacement - Item 12.2 resolved  23rd November 2016 

 

Non Pecuniary Interest

Cr Tapscott declared a non-pecuniary interest regarding Item 17.1 Cr Sharon Tapscott - Pretty Point Bridge Truss Replacement - Item 12.2 resolved  23rd November 2016 on the basis that her nephew has recently returned to work for Bega Valley Shire Council and is employed within the Bridge Crew.  Cr Tapscott  remained in the meeting room and took part in debate and voting.

6.40 pm RESOLVED on the motion of Crs Dodds and Nadin

That the meeting time be extended by 45 minutes.

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

Against:                  Nil

 

The rescission motion of Cr Tapscott and Dodds:

That Council rescind the Resolution of 23 November, 2016

Item 12.2 Pretty Point Bridge Truss Replacement.

Resolved on the Motion of Crs McBain and  Allen

That the Programme Works be carried out on the Pretty Point Bridge using Unibridge  Modular Bridging system, without reinstating the Timber Trusses.

was put to the vote and it was LOST.

In favour:             Crs Tapscott and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold and Allen

18.      Notices of Motion

There were no Notices of Motion  

19.      Questions On Notice

There were no responses to previous Questions on Notice.

20.      Questions for the Next Meeting

20.1

NSW State Government Budget - Water Security and Biodiversity in Rural Areas

 

Cr Russell Fitzpatrick ask could Council staff identify how Bega Valley Shire Council can identify methods to take advantage of funding announced in the NSW State Government Budget for Water Security and Biodiversity in Rural Areas, in particular water filtration at Brogo and water security for Eden.

The Question was taken on notice by the General Manager

 

20.2

Ross River Fever

 

Cr Russell Fitzpatrick asked were Council staff aware of up to four reported cases of Ross River Fever in the Wallaga Lake area, and allegations that this may have been caused by Council’s failure to clear a drain in the area.

The Question was taken on notice by the General Manager

 

20.3

Destination NSW Southern Tenancy at the Bega Valley Regional Learning Centre

 

Cr Mitchell Nadin asked could Councillors be advised on the rent that is being charged to Destination NSW Southern for the occupation of office space at the Bega Valley Regional Learning Centre

The Question was taken on notice for response by the Director Strategy and Business Services.

 

20.4

Tree Removal requests Merimbula and Wonboyn

 

Cr Robyn Bain asked if Councillors could be provided with an update regarding refusal by Council to remove trees in two locations:

1.    A property in Merimbula, where the owners claim the tree causing damage to the building and plumbing.

2.    A property in Wonboyn where the owner has advised the tree is causing significant risk to his property.

The question was taken on notice by the Group Manager, Planning and Environment who advised he has already requested his staff prepare him a report on the Merimbula matter.

The General Manager advised she was aware of the Wonboyn request.

 

20.5

Contract information regarding Spiire

 

Cr Tony Allen asked could Councillors be supplied a copy of the contract with Spiire, including terms and conditions of Council’s contract with Spiire.

The General Manager requested clarification as Spiire has participated in via Expression of Interest, quotes and tenders, in several projects with Council.  Cr Allen advised that the information requested was in regard to the Bermagui CBD Masterplan.

The question was taken on notice on behalf of the Director Planning and Environment

 

21.  Confidential Business

 

Adjournment Into Closed Session

 

Cr Fitzpatrick declared a significant Non-Pecuniary Interest regarding Item 12.1 Bega Lands on the basis he is a board member of Southern NSW Health District. Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.

137/17

RESOLVED on the motion of Crs Dodds and Nadin

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

21.1    Bega Lands

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 (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

21.2    Tender Assessment - Contracts for Management and Operation of BVSC Seasonal Pools

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 (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

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

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.

6.59 pm The Chairperson called a brief adjournment prior to convening to the Closed Session

7.20 pm         The Ordinary Meeting was reconvened.

22.  Adoption of reports from Closed Session

22.1

Bega Lands

138/17

RESOLVED on the motion of Crs Nadin and Seckold

That Council note the resolution of the Closed Session.

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

Against:                  Nil

Abstained:             Cr Fitzpatrick

 

22.2

Tender Assessment - Contracts for Management and Operation of BVSC Seasonal Pools

139/17

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.    That Council note the resolution of the Closed Session.

2.    That following notification to all tenders the report be declassified.

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

Against:                  Nil

 

23.        Resolutions to declassify reports considered in closed session

23.1

Declassification of 28 June, 2017 Closed Session Report No 21.2 Tender Assessment - Contract for Management and Operation of BVSC Seasonal Pools

 

Council noted the recommendation of the Closed Session to declassify the report to the Closed Session of 28 June 2017 No 21.2 Tender Assessment - Contract for Management and Operation of BVSC Seasonal Pools, following notification to all tenderers of the outcomes.

 

.24.1

Airport Fees - Landing Tax

 

The Mayor advised that the matter of a change to the Airport Fees and Charges required a resolution of Council

140/17

RESOLVED on the motion of Crs Seckold and Griff

The Council Fees and Charges be amended to reflect that the Landing Tax for Merimbula Airport remain at the level charged for 2016/2017 being $11 per head.

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

Against:                  Crs Bain and Allen

Closure

There being no further business, the Chairperson closed the meeting at 7.22 pm.

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 28 June 2017.