Ordinary Meeting Minutes

Held on Wednesday 16 August 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

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, Ms Kelly McDowall

 

 

Statement of Commencement of Live Streaming

Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded. The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Acknowledgement of Traditional Custodians of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.

1.

Apologies

 

There were no apologies

 

 

 

 

2.

Confirmation of Minutes

143/17

RESOLVED on the motion of Crs Dodds and Griff

That the Minutes of the Ordinary Meeting and Closed session held on 9 August 2017 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Abstained:             Crs Fitzpatrick and Bain

 

3.    Declarations

There were declarations of interest.

Pecuniary Interest

Cr Seckold declared a pecuniary interest regarding Item 10.1, Theatre Twyford project request for support on the basis that her son in law works as an Electrical Engineer for Webb Australia in Canberra.  Michael Marshman and Associates have contracted Webb Australia to design the electrical engineering needed for tiered seating at Twyford Hall.  Cr Seckold son in law is working on this project.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register.

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

Non Pecuniary Interest

Cr Fitzpatrick declared a non pecuniary interest regarding Item 11.1 , Proposed disposal of land at Taronga Crescent, Bega on the basis that he has a business relationship with the Tulgeen Chairman in his employment and Cr Fitzpatrick employment.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

Cr Fitzpatrick will remain in the meeting room and take part in debate or voting.

Cr Tapscott declared a non pecuniary interest regarding Item 11.3, Road closure – section of Council public road in Merimbula on the basis that Mr Hukins is her Accountant.  Mr and Mrs Hukins are close acquaintances of Cr Tapscott’s family.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.

Cr Tapscott will depart the meeting room and take no part in debate or voting on this item.

Cr Seckold declared a non pecuniary interest regarding Item 12.4, Bega Valley Local Traffic Committee on the basis that she is the Chair of the Bega Tathra Saferide. The group is organising and conducting the Tathra-Bega Community Ride on 24 September 2017 as part of Bike Week.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register.

Cr Seckold will depart the meeting room and take no part in debate or voting on this item.

Cr Bain declared a non pecuniary interest regarding Item 17.1, Rescission Motion Item 21.1 Code of conduct matter on the basis that she is the person who is the subject of the Code of Conduct.  A signed declaration form was tabled by Cr Bain for inclusion in the Register.

Cr Bain will depart the meeting room and take no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

4.1         Deputation Requests already received

Item 11.2. Use of Council Managed Crown Reserves for Markets

•  Ms Judy Winters on behalf of the Candelo Markets Committee (Formal approval from group provided)

•  Mr Ken Carmen and Mr Brad Barker on behalf of the Rotary Club of Merimbula (Formal approval from group provided)

4.2         Suspension of Standing Orders

RESOLVED on the motion of Crs Bain and Fitzpatrick

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

Item 10.2 Short Point - Coastal Accessibility Plan Review

·    Mr Ron Finneran

Item 10.1 Theatre Twyford project request for support

·    Mr John Beever (Formal approval from group provided)

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

Against:            Nil

 

Ms Winters addressed Council and answered questions from Councillors

Mr Carmen and Mr Barker addressed Council.

RESOLVED on the motion of Crs Fitzpatrick and Nadin that an extension of two minutes be granted to Mr Carmen and Mr Barker to complete their address.

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

Against:            Nil

Mr Carmen and Mr Barker addressed for an additional two minutes and answered questions from Councillors.

Mr Ron Finneran addressed Council and answered questions from Councillors.

Mr John Beever addressed Council and answered questions from Councillors.

02:46 pm       Cr Nadin left the meeting.

02:48 pm       Cr Nadin returned to the meeting.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There was no Mayoral Minute.

7.    Urgent Business

Cr Bain raised a matter of Urgent Business.  The Mayor accepted the matter due to the impending timeframe at the end of the month.

7.1

Real Estate and Property Services Industry Reform

144/17

RESOLVED on the motion of Crs Bain and Allen

That Council write to the State Government in relation to the local impact of proposed changes in terms of the Real Estate and Property Industry Reforms.

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

Against:                  Nil

 

8.

Adjournment into Standing Committees

 

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

Against:                  Nil

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

9.    Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, Cr Seckold assumed the chair for this section of the agenda.

03:23 pm       Cr Dodds left the meeting.

03:25 pm       Cr Dodds returned to the meeting.

9.1

Review of Development Assessment Service

145/17

RESOLVED on the motion of Crs McBain and Dodds

The independent review of Council’s Development Assessment Service be published on the Bega Valley Shire Council website and appropriately promoted to the local development industry, potential investors in the Bega Valley, business and the broader community.

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

Against:                  Nil

 

10.  Staff Reports – Community, Culture and Leisure (Liveability)

In accordance with Council’s Code of Meeting Practice, Cr Griff assumed the chair for this section of the agenda.

10.1

Theatre Twyford project request for support

 

Cr Seckold declared a pecuniary interest regarding Item 10.1, Theatre Twyford project request for support on the basis that her son in law works as an Electrical Engineer for Webb Australia in Canberra.  Michael Marshman and Associates have contracted Webb Australia to design the electrical engineering needed for tiered seating at Twyford Hall.  Cr Seckold’s son in law is working on this project.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register.

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

03:28 pm       Cr Seckold left the meeting.

 

RESOLVED on the motion of Crs Allen and McBain

That the matter be dealt with today.

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

Against:                  Nil

Absent:                    Cr Seckold

That the motion be put.

In favour:             Crs Griff and McBain

Against:                  Crs Fitzpatrick, Bain, Nadin, Tapscott, Dodds and Allen

Absent:                    Cr Seckold

 

146/17

RESOLVED on the motion of Crs Allen and Bain

1.    That Council resolve to provide a letter of support for the Theatre Twyford Project; noting the information contained in this report and report of 26 April 2017, which outlines the pros and cons of the project.

2.      That Twyford Hall committee be notified of Council’s decision

3.      That Council receive a report on possible future ownership and management models for the Twyford Hall.

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

Against:                  Nil

Absent:                    Cr Seckold

 

03:56 pm       Cr Bain left the meeting.

03:56 pm       Cr Seckold returned to the meeting.

10.2

Short Point - Coastal Accessibility Plan Review

 

 

RESOLVED on the motion by  Crs Nadin and Allen

That the matter be dealt with today.

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

Against:                  Nil

Absent:                    Cr Bain

04:02 pm       Cr Bain returned to the meeting.

 

147/17

RESOLVED on the motion of Crs Nadin and McBain

1.   That Council acknowledge the minutes from the drop in session but also acknowledge that it does not represent all voices heard that day due to the unexpected number of people who attended and the constraints of documenting everyone's opinion.

2     That Council adopt the following aspects of the masterplan and proceed to detailed design drawings when funding becomes available:

•    Bus turning circle;

•    Car park upgrades (including upgraded drainage and curbing and retaining walls        and disabled parking and median strip);

•    Redesigned walkway/promenade to incorporate integrated steps, seating and viewing areas along the front of the lower level car park;

3     Investigate replacing the current viewing platform with a smaller and purpose built observation platform for the strict purpose of being an area used by the SLSC and also storage options;

4     The area where the current toilets are is identified for a future pavilion that is modest in size so as not to detract from the natural surrounds, adds a sculptural quality to the headland, and provides amenity for the area. This could include BBQ facilities, toilets, shelter, and storage for the SLSC. This should be a separate tender with an architect when funding becomes available;

5     That before work proceeds on any aspect of the masterplan, detailed design drawings are put on public exhibition for at least four weeks, with specific consultation and approval from Council's Accessibility Committee; and plans are presented at a Council meeting for final approval;

6     That Council review the headland pathway (Stage one) following complaints regarding access.

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

Against:                  Nil

 

 

10.3

Community Halls Maintenance Funding 2017/18 and Community Hall Committee Nomination

 

RESOLVED on the motion by Crs Allen and Bain

That Council adopt the recommendation from the Confidential Memorandum

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

Against:                  Nil

 

148/17

RESOLVED on the motion of Crs Allen and Bain

That Council note the report

1.      That Council endorse expenditure from the 2017/18 halls maintenance budget as follows:

Hall

Project

Amount

Candelo

Address drainage issues at the rear of the hall

$12,000

Quaama

Rebuild internal staircase, external stairs and landing, replace supporting beam and repair internal cladding.

$4,000

Wandella

Re-stumping

$15,800

Brogo

Remove dangerous trees and large stump.

$5,000

Murrah

Repair driveway/carpark, large divots causing WHS issue.

$3,500

Bemboka

Repair external cladding, replace and window casements and repair/paint external structural poles.

$3,500

Wolumla

Floor Sanding

$1,300

Tanja

Repair and paint external timber cladding

$3,800

 

Responsive Maintenance

$21,100

 

TOTAL

$70,000

 

2.      That Council appoint the following nominee to Council’s Community Hall committee as indicated Mrs Alicia Cowan be appointed to the Quaama community hall committee.

3.      That Council officers advise the applicant of the outcome.

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

Against:                  Nil

 

 

11.  Staff Reports – Economic Development and Business Growth (Enterprising)

In accordance with Council’s Code of Meeting Practice, Cr Nadin assumed the chair for this section of the agenda.

11.1

Proposed disposal of land at Taronga Crescent, Bega

 

Cr Fitzpatrick declared a non pecuniary interest regarding Item 11.1 Proposed disposal of land at Taronga Crescent, Bega on the basis that he has a business relationship with the Tulgeen Chairman in his employment and Cr Fitzpatrick’s employment.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

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

04:12 pm       Cr Griff left the meeting.

 

149/17

RESOLVED on the motion of Crs Bain and McBain

1.    That Council approve the divestment of Lot 401 DP 1223882 at Taronga Crescent, Bega to the Tulgeen Group for the 2016 Valuer General’s land valuation amount of $62,720 (plus GST), payable by five equal annual payments of $12,544 (plus GST), with the proceeds from the sale to be reinvested into other property asset projects identified by Council.

2.    That a suitable loan agreement be entered into which is secured against the land to be acquired and a charge created over the land, to be released once the loan is repaid in full. 

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

4.    That all legal costs associated with this transaction, including preparation of loan agreement and registration of caveat, be borne in equal share by Council and the Tulgeen Group.

5.    That the Tulgeen Group be advised of Council's decision.

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

Against:                  Nil

Absent:                    Cr Griff

 

 

11.2

Use of Council Managed Crown Reserves for Markets

 

RESOLVED on the motion of Crs Fitzpatrick and Bain

That the matter be dealt with today.

In favour:             Crs Fitzpatrick, Bain, Nadin and McBain

Against:                  Crs Seckold, Tapscott, Dodds and Allen

Absent:                    Cr Griff

It was CARRIED on the casting vote of the Chairperson.

04:18 pm       Cr Griff returned to the meeting.

 

A motion was moved by Crs Fitzpatrick and Bain

1.      That Council advise Merimbula Rotary Club and Candelo Market Committee Incorporated that a fee apply of $1.50 per stall at Ford Park and Candelo reserve.

2.      That Council include this fee structure for these reserves in future adaptions of its Fees and Charges Schedule.

It was put to the vote and CARRIED

 

Foreshadowed motion by Crs Griff and

1.    That Council advise Merimbula Rotary Club and Candelo Market Committee Incorporated that a fee apply of $2.50 per stall at Ford Park and Candelo reserve.

2.    That Council include this fee structure in future adaptions of its Fees and Charges Schedule.

 

 

150/17

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.      That Council advise Merimbula Rotary Club and Candelo Market Committee Incorporated that a fee apply of $1.50 per stall at Ford Park and Candelo reserve.

2.      That Council include this fee structure for those reserves in future adaptions of its Fees and Charges Schedule.

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

Against:                  Crs Griff, Seckold and Dodds

 

 

11.3

Road closure - section of Council public road in Merimbula

 

Cr Tapscott declared a non pecuniary interest regarding Item 11.3, Road closure – section of Council public road in Merimbula on the basis that Mr Hukins is Cr Tapscott’s Accountant.  Mr and Mrs Hukins are close acquaintances of Cr Tapscott’s family.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.

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

04:39 pm       Cr Tapscott left the meeting.

 

151/17

RESOLVED on the motion of Crs McBain and Griff

1.    That Council approve in principle the proposal received from the applicants for the closure of a section of Ocean View Avenue in Merimbula which adjoins their landholding and that Council's Property officers be advised to commence assessment of the road closure

2.    That if no objections are received, the road closure application be lodged with Crown Lands for formal approval and the General Manager and Mayor be authorised to execute the necessary documentation to effect the road closure and subsequent transfer of land to the applicant for the agreed compensation and that all costs associated with the road closure process be borne by the applicant.

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

Against:                  Nil

Absent:                    Cr Tapscott

 

 

04:41 pm       Cr Tapscott returned to the meeting.

11.4

Due Diligence Deed - Romfam Investments Pty Ltd as Trustee for the Romfam Trust

152/17

RESOLVED on the motion of Crs Tapscott and McBain

That Council note the release of information regarding the Due Diligence Deed - Romfam Investments Pty Ltd as Trustee for the Romfam Trust.

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

Against:                  Nil

4.50 pm The Mayor called for a ten minute adjournment.

5.00 pm The meeting reconvened.

12.  Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, Cr Fitzpatrick assumed the chair for this section of the agenda.

12.1

NSW Container Deposit Scheme

153/17

RESOLVED on the motion of Crs Seckold and Nadin

That Councillors note the report on the Container Deposit Scheme.

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

Against:                  Nil

 

12.2

Implementation of Food and Garden Organics Collection and Processing

154/17

RESOLVED on the motion of Crs McBain and Bain

1.         That Council include weekly FOGO collection, fortnightly garbage and fortnightly recycling as the default service in town areas in the tender specification for the next waste collection contract.

2.         That Council initiates a communication plan for the introduction of a weekly FOGO service to households currently receiving garden organic services.

3.          That a workshop be organised to provide Councillors with further information on waste services.

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

Against:                  Nil

 

12.3

Merimbula Airport Passenger Landing Fees

 

RESOLVED on the motion of Crs McBain and Bain

That the matter be deferred to closed session for discussion on the proposal and options.

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

Against:                  Crs Fitzpatrick, Griff and Allen

 

 

 

 

12.4

Bega Valley Local Traffic Committee

 

Cr Seckold declared a non-pecuniary interest regarding Item 12.4, Bega Valley Local Traffic Committee on the basis that she is the Chair of the Bega Tathra Saferide. The group is organising and conducting the Tathra-Bega Community Ride on 24 September 20174 as part of Bike Week.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register.

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

 

RESOLVED on the motion of Crs McBain and Allen

That the item regarding the item regarding special events in the Fishpen area be dealt with separately.

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

Against:                  Cr Griff

Abstained:             Cr Seckold

155/17

RESOLVED on the motion of Crs Allen and Griff

Special Events in Fishpen Area (as previously recommended in Bega Valley Shire Council Local Traffic Committee meeting of 7 June 2017)

1.         That consideration be given to ensuring that all road closures for special events around Fishpen are one-lane closures only (and not two lanes).

2.         That organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place.

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

Against:                  Nil

ABSENT:                    Cr Seckold

156/17

RESOLVED on the motion of Crs McBain and Nadin

Special Events –  Reboot in Bermagui, 23-24 September 2017

1.         That the proposed traffic arrangements for the ReBoot in Bermagui Fun Run on Saturday, 23 September 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

4.         That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

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

6.         That organisers ensure all necessary use of land approvals are in place prior to conducting the event.

Special Events –  Eden Whale Festival Street Parade and Car Display, 4-5 November 2017

1.         That, subject to conditions, Imlay Street and Albert Terrace, Eden be temporarily closed from the Mitchell Street intersection to the Eden Wharf precinct between 8.00am and 1.00pm on Saturday, 4 November 2017 for the Eden Whale Festival truck display and street parade.

2.         That, subject to conditions, Bass Street, Eden be temporarily closed between the Imlay Street and Calle Calle Street intersections between 8.00am and 1.00pm on Saturday, 4 November 2017 for the Eden Whale Festival truck display and street parade.

3.         That, subject to conditions, Imlay Street, Eden be temporarily closed between the access lane to the public carpark and the intersection of Chandos Street between 8.00am and 2.00pm on Sunday, 5 November 2017 for the Eden Whale Festival Hot Rod Show and Shine car display and wood chop event.

4.         That the proposed traffic arrangements involving the temporary closure of Imlay Street, Albert Terrace and Bass Street, Eden for the Eden Whale Festival on Saturday, 4 November 2017 and Sunday, 5 November 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

7.         That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

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

Special Events –  Bega Fun Fun, 29 October 2017

1.         That, subject to conditions, sections of the following Council roads be temporarily closed between 4am and 1pm on Sunday, 29 October 2017 for the Bega Fun Run:

a)         Full closure of Valley Street, Bega between the Kooringal Place and Poplar Avenue intersections;

b)        Full closure of Kirkland Avenue, Bega between Parbery Crescent and Poplar Avenue intersections;

c)         Full closure of Poplar Avenue, Bega between Carp Street to the end of the Valley Fields.

d)        Full closure of Bega Street, Bega between the Poplar Avenue and Auckland Street intersections.

e)        Full closure of Auckland Street, Bega between the Bega Street and Bridge Street intersections.

f)         Full closure of Bridge Street, Bega;

g)         Full closure of East Street, Bega between the Bridge Street and Carp Street intersections;

h)        One lane of Tarraganda Lane, Bega between the East Street intersection and the Bega Country Club;

2.         That the proposed traffic arrangements for the Bega Fun Run on Sunday, 29 October 2017, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

4.         That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

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

Special Events –  Tathra-Bega Community Ride, 24 September, 2017

1.         That, subject to conditions, sections of the Bega-Tathra Road be temporarily closed between 9am to 11am (rolling closures) on Sunday, 24 September 2017 for the Tathra-Bega Community Ride.

2.         That organizers of the Tathra-Bega Community Ride engage a specialist traffic event consultant to prepare a comprehensive Traffic Management Plan encompassing all the required short term closures for access driveways and side roads onto the Bega-Tathra Road.

3.         That the proposed traffic arrangements for the Tathra-Bega Community Ride on 24 September 2017 be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

5.         That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

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

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

8.         That Police and Council review the Traffic Management Plan prior to the event being given final approval.

Load Limit – Mogilla Road and Candelo-Wolumla Road

1.         That Council approve the establishment of a 15 tonne load limit on Mogilla Road and Candelo-Wolumla Road from the intersection with Snowy Mountains Highway and the Princes Highway.

Load Limit – West Kameruka Road and Kameruka Lane

1.         That Council approve the establishment of a 15 tonne load limit on West Kameruka Road and Kameruka Lane.

Request for Truck Zone –  John Street, North Bega

1.         That Council approve the installation of a 25 metre ‘Truck Zone’ as indicated on the attached map.

2.         That Australia Post be advised of the Local Traffic Committee’s recommendation.

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

Against:                  Nil

05.28 pm Cr Seckold returned to the meeting room

 

12.5

RFT 42/17 Supply and Delivery of one Mobile Tracked Mounted Trommel Drum Screen for Waste and Recycling Services

 

RESOLVED on the motion of Crs Bain and Nadin

That Council accept the recommendations detailed in the Confidential Memorandum.

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

Against:                  Nil

157/17

RESOLVED on the motion of Crs McBain and Allen

1.         That Council accept the Tender from MWS Environmental Pty Ltd for one Terex TTS620 Trommel for the amount of $370,425 (including GST) subject to variations and provisional items.

2.         That authority is 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, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

 

12.6

Merimbula CBD Bypass, Market / Monaro St Intersection: Footpath Pavement Treatment

 

A motion was moved by Crs Nadin and Tapscott

That Council adopt the Decorative Concrete/Granite Pavers model as outlined in the report to Council as the footpath pavement treatment for the Market / Monaro St intersection footpath pavements.

Cr Nadin withdrew his motion

158/17

RESOLVED on the motion of Crs Nadin and Tapscott

That the clay pavers option is approved as the footpath pavement treatment for the Market / Monaro St intersection footpath pavements.

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

Against:                  Nil

 

13.  Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Cr Tapscott assumed the chair for this section of the agenda.

 

13.1

Major projects quarterly updates - to June 2017

159/17

RESOLVED on the motion of Crs McBain and Griff

That Council note the major projects update report.

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

Against:                  Nil

 

13.2

Actions from resolutions of Council - Status Report

160/17

RESOLVED on the motion of Crs Seckold and Bain

That Council note the status report on actions from Council’s Resolutions for the quarterly period of 1 April 2017 to 30 June 2017.

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

Against:                  Nil

 

13.3

Enterprise Risk Quarterly Report (April to June)

161/17

RESOLVED on the motion of Crs McBain and Dodds

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

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

Against:                  Nil

 

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

Tourism Industry Liaison Group Nominations

 

RESOLVED on the motion of Crs Allen and Nadin

That the matter be deferred to Closed Session for discussion.

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

Against:                  Nil

 

 

 

 

14.2

Farmland category review - Update

162/17

RESOLVED on the motion of Crs McBain and Dodds

1.      That Council endorse the revised approach in issuing an updated farmland form with accompanying covering letter.

2.      That Council continue to review its farmland category as is required every four years or as necessary to ensure compliance with the Local Government Act 1993.

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

Against:                  Nil

06.16 pm       The Ordinary Meeting was reconvened.

15.

Adoption of reports from Standing Committees

163/17

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

Cr Dodds:  Communities in Control 2017 Conference

 

The reports provided in the Agenda for the meeting of the 16 August 2017 was noted.

 

16.2

Cr Jo Dodds - National Refugee Welcome Zone forum

 

The report provided in the Agenda for the meeting of the 16 August 2017 was noted.

 

16.3 &16.4

2017 National General Assembly of Local Government

 

 

The reports provided in the Agenda for the meeting of the 16 August 2017 were noted.

 

17.      Rescission/alteration Motions

17.1

Rescission Motion Item 21.1 Code of conduct matter

 

Non-Pecuniary Interest

Cr Bain declared a non-pecuniary interest regarding Item 17.1, Rescission Motion Item 21.1 Code of conduct matter on the basis that she is the person who is the subject of the Code of Conduct.  A signed declaration form was tabled by Cr Bain for inclusion in the Register.

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

164/17

RESOLVED on the motion of Crs Allen and Fitzpatrick

Notice of Motion

That Council rescind the motion of Item 21.1 Code of Conduct Matter of 9 August Ordinary Council meeting against Cr Robyn Bain.

The motion of 9 August 2017 was:

1.      That Council note the Independent Reviewers report.

2.      That Council endorse the resolution of the 17 May 2017 Item 21.1 Closed session in relation to the Code of Conduct matters relating to Cr Bain.

The motion of the 17 May 2017 meeting was:

1.         That Council note the Code of Conduct Investigation against Cr Robyn Bain.

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

(a)  Accept the recommendations from the Independent Reviewer as per Clause 8.56. That

1.   Findings of inappropriate conduct by Cr Bain be made public at an upcoming duly constituted Council meeting

2.   Cr Bain be formally censured under section 440G of the Local Government Act, 1993 for her breach of clauses 3.1 (b), (c), (d), (g), 3.2, 3.4, 3.5, 3.7, 4.2, 4.12, 4.13, and 4.16 of the Code of Conduct

3.   At an upcoming duly constituted Council meeting, Cr Bain be required to:

(d) Publicly acknowledge the findings of breach of clauses 3.1 (b), (c), (d), (g), 3.2, 3.4, 3.5, 3.7, 4.2, 4.12, 4.13, and 4.16 of the Code of Conduct and is also to give an undertaking to Council that she will avoid similar breaches in future

(e) Deliver an unqualified apology to Council and the community for her conduct;

(f) Give an undertaking that she will not make negative or derogatory comments regarding the complaint(s), the outcome or the Code of Conduct process publically including to the media.

4.      The above actions be completed within three months from the date of the Investigation Report.

5.      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 Fitzpatrick, Nadin and Allen

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

Absent:                    Cr Bain

6.44 pm Cr Bain returned to the meeting room

18.      Notices of Motion

                   There were no notices of motion.

 

RESOLVED on the motion of Crs Nadin and Dodds

That Council accept an extension of 45 minutes to the meeting.

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

Against:                  Nil

19.      Questions On Notice

19.1

Destination NSW Southern - Licence Agreement to occupy office space in the Bega Valley Regional Learning Centre

 

Councillors noted the response that was included in the Agenda for the Council meeting of 16 August 2017.

 

19.2

Ross River Fever

 

Councillors noted the response that was included in the Agenda for the Council meeting of 16 August 2017.

 

19.3

Tree Removal requests Merimbula and Wonboyn

 

Councillors noted the response that was included in the Agenda for the Council meeting of 16 August 2017.

 

19.4

Contract information regarding Bermagui CBD Masterplan

 

Councillors noted the response that was included in the Agenda for the Council meeting of 16 August 2017.

6.45 pm        Cr Dodds left the meeting room

20.  Questions for the Next Meeting

20.1

Article in the Meirmbula News Weekly regarding the site of the Bega Valley Regional Gallery

 

Cr Robyn Bain  asked a question regarding an article on 9 August 2017 in the Merimbula News Weekly (MNW) on page 5 that the Mayor and General Manager met with Ministers Constance and Harwin to champion the building of a new regional art gallery to be built in Merimbula.

Given Councillors have only had 15 minute presentation from Iain Dawson and Anthony Basford only six days prior and not had an opportunity to fully discuss this proposal, and the communities in the Bega Valley Shire Council have not been consulted, why did you believe it was appropriate to raise this with State Ministers when it is nothing more than a concept.

At what stage will the communities be consulted and when will this matter come before Council to be workshopped and debated properly like many other projects.

Mayor advised the discussion was around the redevelopment of the Bega Valley Regional Gallery (BVRG), and a number of options were discussed.  There was no reference to specifically moving the Bega Valley Regional Gallery.

The General Manager advised she was also surprised to read the information in the Merimbula News Weekly as there was no one from Merimbula News Weekly at the meeting.  The Hon Andrew Constance MP called the meeting with The Hon. Don Harwin, MLC.  A visit was made to the current gallery, with a number of projects discussed.  The proposal as adopted in the Gallery Strategic Plan was outlined noting a number of sites were being reviewed for consideration, Merimbula being one of them.

Information was provided to both Ministers regarding Councils strategic plan and a report to Council will be considered on 30 August.

 

20.2

Advertisement in the Merimbula News Weekly about Waste Facts

 

Cr Bain asked a question about an advertisement asked in the Merimbula News Weekly on Wednesday 9 August 2017 on page two I noticed a large advertisement from Council about waste advising the community to get the facts about waste and recycling in the Bega Valley.

Why wasn’t this ad on our website and Facebook site – for free.

I would like to know what the logic is behind this ad, how much it cost and who is the target audience is.

The Question was taken on notice for response by the Transport and Utilities.

 

20.3

General Manager and Mayor meetings with various Ministers in Canberra

 

Cr Bain noted that she understood that the General Manager and Mayor that you held meetings in Canberra last week with Senators Sinodinos, Nash and Payne.  Can you please advise the Council what policies from this Council did you bring forward to the Ministers? Can you advise their reactions to the policy proposals.  Can you also advise what discussion you had with the Ministers about matters in the Bega Valley Shire where no agreed policy is in place.

The Mayor confirmed she attended a number of meetings, with the General Manager, at Parliament House in Canberra last week.  She advised projects currently happening in the Bega Valley were highlighted with the relevant Minister.  Policies were not discussed, projects now and going into the future were discussed. 

She had advised the Ministers that the Bega Valley lacked an East West Link and advised the BVS Transport Strategy would be considered by Council and provided to the Ministers prior to the election period.

She also noted she had discussed the Innovations Hub project

The Mayor advised her aim and role as Mayor was simply to highlight the projects currently happening ,potential projects going into the future and not to undermine any current projects.

 

20.4

Maintenance of Cattle Bay Wharf

 

Cr Mitchell Nadin asked who is responsible for the maintenance of the Cattle Bay Wharf?

The General Manger advised this is the responsibility of Crown Lands to administer and Council does not have oversight of the area.

 

20.5

Code of Conduct matter

 

Cr Mitchell Nadin asked what advice did the GM have from the office of local government that the two code of conduct matters should be handled together?

17 May and 9 August, both code of conduct matters related to the same item from a previous meeting and the same review process and it was appropriate that both depart the meeting.  This was not a direct advice but was in line with the process given that both matters were held together.

The Question was taken on notice for response by the General Manager.

 

20.6

Cost of facilitator

 

Cr Mitchell Nadin asked what was the cost of the facilitator for the drop in session regarding the Tura coastal reserve held at the Tura Library.

The Question was taken on notice for response by the Director Planning and Environment

 

21.  Confidential Business

 

Adjournment Into Closed Session

165/17

RESOLVED on the motion of Crs Nadin and Seckold

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

12.3    Ordinary Meeting Merimbula Airport Landing Fees

Reason for Confidentiality

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

14.1    Tourism Industry Liaison Group Nominations

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 (a) the report contains personnel matters concerning particular individuals.

 

21.1    Organisational structure

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 (a) the report contains personnel matters concerning particular individuals.

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).

 

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.

7.22 pm         The Ordinary Meeting was reconvened.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording of the Council Meeting would  recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.

22.  Adoption of reports from Closed Session

RESOLVED on the motion of Crs Tapscott and Seckold

That Council adopt the following recommendations of the Closed Session.

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

Against:                  Nil

 

22.1

Item 12.3 deferred from the Ordinary Meeting:  Merimbula Airport Landing Fees

166/17

1.    That Council maintain the current charging arrangements per head for the Merimbula Airport

2.    That Council complete a Business Plan as a sub component of the review of the 2013 Master Plan with the view of considering the level of subsidy to the airport into the future.

3.    That Council promote all air services to Merimbula Airport via Council’s website and signage.

 

22.2

Item 14.1 deferred from the Ordinary Meeting: Tourism Industry Liaison Group Nominations

167/17

1.    That the following four (4) people be appointed to the Tourism Industry Liaison Group

·        Gregory Britten

·        Lyn Kennedy

·        Robert White

·        Leigh Louey-Gung

 

2.    That Council officers advise the applicants of the outcome

 

RESOLVED on the motion of Crs Nadin and Seckold

That Item 21.1 Organisational structure be deferred to the meeting of 30 August, 2017

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

Against:                  Nil

Absent:                    Cr Bain

 

23.  Resolutions to declassify reports considered in closed session

Closure

There being no further business, the Chairperson closed the meeting at 7.24  pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 16 August 2017.