Ordinary Meeting Minutes

Held on Wednesday 20 September 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

 

RESOLVED on the motion of Crs Nadin and Fitzpatrick

That a leave of absence be accepted for Cr Bain for her inability to attend the meeting of the 20 September 2017

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

Against:                  Nil

Absent:                    Cr Bain

 

2.

Confirmation of Minutes

168/17

RESOLVED on the motion of Crs Dodds and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 30 August 2017 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Bain

 

 

3.    Declarations

Pecuniary Interest

Cr Tapscott declared a pecuniary interest regarding Item 9.1, Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision on the basis that she and her husband own land in Eden Cove.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.

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

Cr Nadin declared a pecuniary interest regarding Item 12.6, Bega Valley Local Traffic Committee on the basis that his business in Merimbula is next door to Alice Street, Merimbula.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register.

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

Non Pecuniary Interest

Cr Nadin declared a significant non-pecuniary interest regarding Item 9.1, Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision on the basis that his friend and business partner’s father is the land owner.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register.

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

Cr Nadin declared a non pecuniary interest regarding Item 18.1, Establishment of two squash courts at Pambula Sporting Complex on the basis that he was a former squash club member.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register.

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

4.        Deputations (by prior arrangement)

4.1

Suspension of Standing Orders

 

RESOLVED on the motion of Crs Griff and Fitzpatrick

That Council suspend standing orders to hear the following people address Council and respond to any questions from Councillors.

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

Against:                  Nil

Absent:                    Cr Bain

Item 9.1 DA No. 2016.472: Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision

Mr David Bothamley on behalf of Mr Kurt Pongratz (Hanbana Pty Ltd) – Authority has been supplied

Item 12.1 Drinking Water Fluoridation

Mr Rob Slazenger

Mr Greg Ferguson

Mr Fraser Buchanan on behalf of the Bega Valley Shire Residents and Ratepayers Association – Authority has been supplied

Item 12.6 Bega Valley Local Traffic Committee

Mr Fraser Buchanan

 

Mr David Bothamley addressed Council and answered questions from Councillors.

Mr Rob Slazenger addressed Council.

RESOLVED on the motion of Crs Nadin and Griff that Mr Slazenger be granted an additional two minutes to complete his address.

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

Against:                  Nil

Absent:                    Cr Bain

Mr Slazenger answered questions from Councillors.

Mr Ferguson addressed Council.

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

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

Against:                  Nil

Absent:                    Cr Bain

Mr Ferguson answered questions from Councillors.

Mr Buchanan (on behalf of the Bega Valley Shire Residents and Ratepayers Association) addressed Council.

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

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

Against:                  Nil

Absent:                    Cr Bain

Mr Buchanan answered questions from Councillors.

Mr Buchanan addressed Council.

The Mayor thanked those who addressed 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

169/17

RESOLVED on the motion of Crs Seckold and Dodds

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

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

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

Against:                  Nil

Absent:                    Cr Bain

02:50 pm       Cr Nadin left the meeting.

02:50 pm       Cr Tapscott left the meeting.

9.    Staff Reports – Planning and Environment (Sustainability)

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

9.1

Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision

 

Cr Tapscott declared a pecuniary interest regarding Item 9.1, Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision on the basis that she and her husband own land in Eden Cove.  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.

Cr Nadin declared a significant non-pecuniary interest regarding Item 9.1, Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision on the basis that his friend and business partner’s father is the land owner.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register.

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

 

The Chair asked the Director Planning and Environment if any new matters had been raised in the address to Council  The Director advised that considering the deputations that Council should consider deferring the matter for an onsite visit and further report Council.

 

170/17

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.         That Council defer the matter for an onsite visit and further report Council.

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

Against:                  Nil

Absent:                    Crs Bain, Nadin and Tapscott

 

02:53 pm     Cr Nadin returned to the meeting.

02:53 pm     Cr Tapscott returned to the meeting.

10.  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.

RESOLVED on the motion of Crs Fitzpatrick and Dodds

That Council bring Item 12 Staff Reports – Infrastructure Waste and Water (Accessibility) forward in the agenda.

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

Against:                  Nil

Absent:                    Cr Bain

 

12.1

Drinking Water Fluoridation

 

The Chair asked the Director Transport and Utilities if any new matters had been raised in the address to Council  The Director advised that considering the large number of comments that he would like to request Council to defer the matter for a further report to Council.  Responses to be published prior to the report back to Council

 

RESOLVED on the motion of Crs Dodds and Nadin

That Standing Orders be suspended to hear a late deputation from Mr Craig Malcolm, Chair of the Far South Coast Community and a representative from the union movement on the NSW Far South Coast.

Mr Malcolm addressed the Council.

The Mayor thanked Mr Malcolm for his address.

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

Against:                  Nil

Absent:                    Cr Bain

 

171/17

RESOLVED on the motion of Crs Nadin and Griff

That Council deferred Item 12.1 Drinking water fluoridation for a further report to Council.

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

Against:                  Nil

Absent:                    Cr Bain

 

 

12.2

Proposed Merimbula Sewage Treatment Plant Upgrade and Deep Water Ocean Outfall - Community Working Group

172/17

RESOLVED on the motion of Crs Seckold and Allen

1.         That Council note the report.

2.         That Council endorse the formation of a Community Working Group, with a membership of ten (10) sought through a publicly advertised expression of interest process.

3.         That following the expression of interest process the Infrastructure Committee Chair, General Manager and Manager Water and Sewerage Services appoint ten (10) suitably skilled and qualified people to the Community Working Group.

4.         That the Community Working Group members’ reasonable travel and carers expenses be covered during their period of participation.

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

Against:                  Nil

Absent:                    Cr Bain

 

 

12.3

RFT 73/17 Sprayed Bituminous Surfacing Program 2017/2018

 

RESOLVED on the motion of Crs Allen and McBain

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

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

Against:                  Nil

Absent:                    Cr Bain

 

173/17

RESOLVED on the motion of Crs Tapscott and Allen

1.         That Council accept the tender from Downer EDI Works Pty Ltd in relation to contract for the works described in Tender 73/17, in the amount of $1,069,838.65 (including GST), subject to variations, provisional sums and prime cost items.

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

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

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

Against:                  Nil

Absent:                    Cr Bain

 

12.4

RFT 65/17 Stabilisation Supply and Mix Contract

 

RESOLVED on the motion of Crs Allen and Nadin

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

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

Against:                  Nil

Absent:                    Cr Bain

 

174/17

RESOLVED on the motion of Crs Nadin and Tapscott

1.         That Council accept the tender from Stabilco Pty Ltd in relation to contract for the works described in Tender 65/17, in the amount of $270,641 (including GST), subject to variations, provisional sums and prime cost items.

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

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

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

Against:                  Nil

Absent:                    Cr Bain

 

12.5

Sapphire Coast Community Aged Care Limited Request for Assistance

175/17

RESOLVED on the motion of Crs McBain and Nadin

1.         That Sapphire Coast Community Aged Care Ltd (Hillgrove House) does not satisfy the criteria necessary for exemption to apply in the first instance and accordingly reimbursement of Section 64 Charges not be approved.

2.         That Sapphire Coast Community Aged Care Ltd be advised of Council's decision.

3.         That consideration of Section 64 Charges procedure for exemption and provisions be deferred and considered as part of the review Water and Sewerage Services Strategic Plan.

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

Against:                  Crs Fitzpatrick and Allen

Absent:                    Cr Bain

 

 

12.6

Bega Valley Local Traffic Committee

 

Cr Nadin declared a pecuniary interest regarding Item 12.6, Bega Valley Local Traffic Committee on the basis that his business in Merimbula is next door to Alice Street, Merimbula.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register.

Cr Nadin departed the meeting room, taking no part in debate or voting on items Merimbula Parking, Alice Street Carpark – proposed 2 hour carpark and Changes to parking related to the Merimbula Bypass Project.

 

RESOLVED on the motion of Crs Dodds and Tapscott

That Standing Orders be suspended to hear a late deputation from Mr Jesson.

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

Against:                  Nil

Abstained:             Cr Nadin

Absent:                    Cr Bain

03:19 pm       Cr Nadin left the meeting.

 

 

 

176/17

RESOLVED on the motion of Crs McBain and Seckold

Merimbula Parking, Alice Street Carpark – proposed 2 hour carpark

That Council approve the installation of 2 hour time restricted parking (8.30am – 6.00pm Monday to Friday and 8.30am – 12.30pm on Saturday) in the Alice Street carpark Merimbula.

Changes to parking related to the Merimbula Bypass Project

1.      Market Street:  Council approve the extension of the existing ‘No Stopping’ zone for a distance of 28.0m south (from the former Seahorse garden bed) south of the Monaro Street intersection, across the driveway of the unnamed laneway, to the existing 1P Zone, (to comply with RMS requirements for the new intersection).

2.      Council approve the installation of a 24 hour Bus Zone located within the two bus bays in Park Street (27.0m on the southern side and 30.0m on the northern side).

3.      Council approve the installation of a ‘No Right Turn’ sign at the exit of the unnamed laneway onto Market Street.

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

AGAINST:            Nil

ABSENT:              Crs Bain and Nadin

177/17

RESOLVED on the motion of Crs Tapscott and McBain

That the Bega Valley Local Traffic Committee at their next meeting consider 3 hour car parking for the following areas Main Street west of Market Street, Merimbula Drive west of Market Street and the east side of Sapphire Coast Drive from Main Street to Merimbula Drive for a period until completion of construction in Main Street.

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

Against:                  Nil

Absent:                    Crs Bain and Nadin

03:32 pm                   Cr Nadin returned to the meeting

178/17

RESOLVED on the motion of Crs Seckold and McBain

Proposed ‘No Stopping’ zone at the northern corner of Ocean Drive and Marine Parade, Merimbula

Council approve the installation of a ‘No Stopping’ zone at the northern intersection of Marine Parade and Ocean Drive for a distance of 10 metres in length along the Marine Parade frontage and 18 metres in length along the Ocean Drive frontage.

Bermagui Bus Zone

Council approve the installation of a time restricted ‘Bus Zone 6.00am – 6.00pm Monday to Friday’ in Lamont Street, Bermagui replacing the existing time restricted Bus Zone (7.30am – 9.30am and 3.00pm – 6.00pm) commencing at a point approximately 26 metres from the intersection point of the western kerb line of Wallaga and Lamont Streets, for a length of 29 metres westerly.

Christmas on Imlay – Thursday, 14 December 2017

1.         That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.30pm to 9.00pm on Thursday, 14 December 2017 for the Eden Chamber of Commerce ‘Christmas on Imlay’ event.

2.         That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce ‘Christmas on Imlay’ event on Thursday, 14 December 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 fully implement an approved Special Event Transport Management Plan.

5.         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.

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

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

Eat Merimbula – Sunday, 11 March 2018

1.         That, subject to conditions, Fishpen Road, Merimbula between the intersections of Marine Parade and Candelo Court be temporarily closed between 6.00am and 3.30pm on Sunday, 11 March 2018 for Eat Merimbula Food Festival.

2.         That, as per the Local Traffic Committee meeting recommendations of 5 July 2017 which were adopted by Council on 16 August 2017 regarding events in the Fishpen area, the Eat Merimbula event was considered for one-lane closure only, but deemed to be a two-lane closure for safety purposes.

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

4.         That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the Eat Merimbula Food Festival on Sunday, 11 March 2018, be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW 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 NSW 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 Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

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

9.         That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

Tathra Wharf to Waves Bike Ride – Saturday, 20 January 2018

1.         That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday, 20th January 2018 be approved.

2.         That the proposed traffic arrangements for the Tathra Wharf to Waves Bike Ride on Saturday, 20 January 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the 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 fully implement an approved Special Event Transport Management Plan.

5.         That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

6.         That prior to conducting the event, organisers have written approval from NSW Police Force, NSW National Parks and Wildlife Service and Forestry Corporation NSW.

7.         That the organisers advertise the change to traffic conditions for the event.

8.         That local emergency services and transport operators be notified prior to the event.

Film Permit – Bega, 11-16 November 2017

1.         That Council approve the filming event provided that a fully completed event permit is received by Council by 5 September 2017.

2.         That Council approve the closure of Hill Street between Peden Street and Auckland Street on 12 November 2017.

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

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

5.         That organisers have approved Public Liability insurance of at least $20 million indemnifying Council, Police and RMS by name for the event.

6.         That prior to conducting the event, organisers have written approval from NSW Police Force.

7.         That the organisers advertise the change to traffic conditions for the event.

8.         That local emergency services and transport operators be notified prior to the event.

Proposed accessible parking – Bar Beach Road

1.         Council approve the installation of an accessible car space at the south western end of the Bar Beach Road carpark.

2.         Council approve the installation of two ‘No Stopping’ zones, 5.5 metres in length at the rear of the proposed parking at the south western end of the Bar Beach carpark.

3.         Council approve the reconfiguration of the accessible car space opposite the picnic tables (mid-point) Bar Beach Road.

4.         Council approve the installation of a ‘No Stopping’ zone, for a length of 4 metres, adjacent to the accessible parking bay on the western side (mid-point) of the Bar Beach road as shown.

Bar Beach Proposed ‘No Stopping’ and Parallel parking zones

1.         Council approve the installation of a ‘No Stopping’ zone along the lower side of the split road section of Bar Beach road for a length of 45 metres.

2.         Council approve the installation of a ‘Parallel Parking’ zone along the upper side of the split road section of Bar Beach Road for a length of 45 metres.

Request for changes to parking in Merimbula in the vicinity of ‘The Pictureshow Man’

That Council advise Mr Louey-Gung that no changes will be made to parking in the vicinity of ‘The Pictureshow Man’ within the Merimbula CBD.

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

Against:                  Nil

Absent:                    Cr Bain

 

 

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

Sportsground User Fees

 

 

A motion was moved by Crs McBain and Dodds

1.      That Council note the report.

2.      That Council maintain the adopted fees for 2017-18.

3.      That further information and explanation be provided to sporting groups who use Council sportsground facilities and on Council’s website on the reason and method of determining fees and charges.

4.      That the S355 General Sportsgrounds Committee revisit sportsground use fees prior to the 2018-19 schedule of fees being prepared.

5.      That all user groups be notified of the outcome.

It was CARRIED.

 

A motion was foreshadowed motion by Crs Fitzpatrick

That no fees be charged for the 2017-18 year.

 

179/17

RESOLVED on the motion of Crs McBain and Dodds

1.      That Council note the report.

2.      That Council maintain the adopted fees for 2017-18.

3.      That further information and explanation be provided to sporting groups who use Council sportsground facilities and on Council’s website on the reason and method of determining fees and charges.

4.      That the S355 General Sportsgrounds Committee revisit sportsground use fees prior to the 2018-19 schedule of fees being prepared.

5.      That all user groups be notified of the outcome.

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

Against:                  Crs Fitzpatrick and Allen

Absent:                    Cr Bain

 

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

Assignment of Lease - Lease site LS-02 and Counter Space within Terminal at Merimbula Airport

 

04:13 pm       Cr Griff left the meeting.

180/17

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council approve assignment of the lease for lease site LS-02 at Merimbula Airport from South Coast Auto Centre Pty Ltd to Sapphire Coast Autos Pty Ltd.

2.    That Council approve assignment of the temporary licence for counter space within the Merimbula Airport terminal from South Coast Auto Centre Pty Ltd to Sapphire Coast Autos Pty Ltd.

3.    That the Mayor and/or General Manager be authorised to execute the necessary documents.

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

Against:                  Nil

Absent:                    Crs Bain and Griff

 

 

RESOLVED on the motion of Crs Allen and Dodds

The Council take a five minute break.

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

Against:                  Nil

Absent:                    Crs Bain and Griff

4.23 pm The meeting recommenced.

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

Consultants and Legals

 

04:33 pm       Cr Griff returned to the meeting.

181/17

RESOLVED on the motion of Crs McBain and Allen

That Council receive and note the report and receive an additional detailed report outlining significant Consultant expenditure in excess of $10,000

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

Against:                  Nil

Absent:                    Cr Bain

 

 

13.2

Council Meeting Agenda - Order of Business

182/17

RESOLVED on the motion of Crs Allen and McBain

1.         That Council note the report.

2.         That Council adopt the order of business for meetings of the Council as contained in the report to Council on 20 September 2017.

· Statement of Commencement of Live Streaming

· Acknowledgement of Traditional Custodians of Bega Valley Shire

· Apologies and Requests for Leave of Absence

· Confirmation of Minutes of the previous Ordinary Meeting, Extraordinary Meeting and Closed Session

· Declarations

· Deputations

· Petitions

· Mayoral Minutes or Announcements

· Urgent Business

· Adjournment to Standing Committees

· Staff Reports (including advisory committee reports).

· Delegates Reports

· Rescission/Alteration Motions

· Notices of Motion

· Questions on Notice (responses to previous Questions raised)

· Questions for the next meeting (for response at a future meeting)

· Confidential Business – Closed Session

· Closed Session Adjournment

· Matters to be considered in Closed Session:  Determination

· Adoption of decisions reached in Closed Session

· Declassification of reports considered previously in Closed Session

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

Against:                  Nil

Absent:                    Cr Bain

 

13.3

Local Government NSW Annual Conference 2017 - submission of motions by Bega Valley Shire Council

 

 

A Motion was moved by Crs McBain and Nadin

Title of the Motion:

RFS, SES and Surf Life Saving assets be returned to relevant State agency/organisation.

Category of the Motion:

Finance, Assets, Emergency Services

Wording of the Motion:

That LGNSW lobby on behalf of Councils for all RFS, SES and Surf Life Saving Clubs assets to be removed from Council asset registers (sheds equipment etc) and the responsibility be taken back by the RFS, SES and Surf Life Saving Club.  That this process not be used to increase Local Government contributions and further that the NSW Government investigate a model for RFS funding based on the CFA model in Victoria.

Background / supporting information for the motion:

Councils hold large numbers of assets for the RFS, SES and Surf Life Saving on their asset registers, depreciation schedules with subsequent impacts on financial sustainability ratios and asset management plans.  BVSC holds 32 RFS sheds, 2 former RFS sheds now men’s sheds, 3 SES facilities, the Fire Control Centre and 3 Surf Life Saving Centres on its building asset register.

It was CARRIED.

 

A motion was moved by Crs Griff and Seckold

Wording of the Motion:

That Local Government NSW encourage Councils to develop climate action plans for collation summation and distribution by Local Government NSW.

It was CARRIED.

 

A motion was moved by Crs Griff

Wording of the Motion:

Councils to set goals to reduce waste to landfill - especially via means such as co-collection of garden and organic waste.

Cr Griff withdrew the motion.

 

183/17

RESOLVED on the motion of Crs McBain and Nadin

Title of the Motion:

RFS, SES and Surf Life Saving assets be returned to relevant State agency/organisation.

Category of the Motion:

Finance, Assets, Emergency Services

Wording of the Motion:

That LGNSW lobby on behalf of Councils for all RFS, SES and Surf Life Saving Clubs assets to be removed from Council asset registers (sheds equipment etc) and the responsibility be taken back by the RFS, SES and Surf Life Saving Clubs.  That this process not be used to increase Local Government contributions and further that the NSW Government investigate a model for RFS funding based on the CFA model in Victoria.

Background / supporting information for the motion:

Councils hold large numbers of assets for the RFS, SES and Surf Life Saving on their asset registers, depreciation schedules with subsequent impacts on financial sustainability ratios and asset management plans.  BVSC holds 32 RFS sheds, 2 former RFS sheds now men’s sheds, 3 SES facilities, the Fire Control Centre and 3 Surf Life Saving Centres on its building asset register.

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

Against:                  Nil

Absent:                    Cr Bain

 

184/17

RESOLVED on the motion of Crs Griff and Seckold

Wording of the Motion:

That Local Government NSW encourage Councils to develop climate action plans for collation summation and distribution by Local Government NSW.

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

Against:                  Crs Fitzpatrick, Nadin and Allen

Absent:                    Cr Bain

185/17

RESOLVED on the motion of Crs Dodds and Seckold

That Council endorse attendance at the Local Government NSW Conference 2017 of two additional Councillors  to ensure that Council's democratic rights as members of Local Government NSW are achieved through voting to our full entitlement at the Local Government NSW Conference 2017 (4-6 December 2017).

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

Against:                  Crs Fitzpatrick, Nadin and Allen

Absent:                    Cr Bain

 

 

13.4

Gift Register - September 2016 to August 2017

186/17

RESOLVED on the motion of Crs Nadin and Seckold

That Council note the Gift Register activities between 1 September 2016 until 31 August 2017.

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

Against:                  Nil

Absent:                    Cr Bain

 

 

13.5

Chairing of Meeting Agenda and Reporting Theme areas

187/17

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.      That Council confirms the theme reporting and portfolio structure as:

·   Staff Reports:  Planning and Environment

·   Staff Reports:  Community, Culture and Leisure

·   Staff Reports:  Economic Development and Business Growth

·   Staff Reports:  Infrastructure Waste and Water

·   Staff Reports:  Governance and Strategy

·   Staff Reports:  Finance

2.      That Council note the objective and terms of reference for each portfolio.

3.      That all Councillors be members of the Standing Committees and that the Mayor act as Chair for the Ordinary Meeting and Standing Committee for the 12 months until September 2018.

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

Against:                  Nil

Absent:                    Cr Bain

 

13.6

Council meeting dates to December 2018

188/17

RESOLVED on the motion of Crs McBain and Griff

1.         That Councillors adopt the meeting dates for 2018 as noted in the report to Council of 20 September, 2017.

Wednesday, 31 January 2018

Ordinary

Wednesday, 21 February 2018

Ordinary

Wednesday, 14 March 2018

Ordinary

Wednesday, 4 April 2018

Ordinary

Wednesday 18 April 2018

Ordinary

Wednesday, 25 April 2018

ANZAC DAY

Wednesday, 2 May 2018

Ordinary

Wednesday, 16 May 2018

Ordinary

Wednesday, 6 June 2018

Ordinary

Wednesday, 27 June 2018

Ordinary

No meetings in July

 

Wednesday, 8 August 2018

Ordinary

Wednesday, 29 August 2018

Ordinary

Wednesday, 19 September 2018

2.00pm Meeting Election of  Mayor and Deputy Mayor

3.00pm Ordinary

Wednesday, 10 October 2018

Ordinary

Wednesday, 31 October 2018

Ordinary

Wednesday, 21 November 2018

Ordinary

Wednesday, 12 December 2018

Ordinary

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

Against:                  Nil

Absent:                    Cr Bain

 

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

Financial Statements 2016/17

189/17

RESOLVED on the motion of Crs Allen and Dodds

1.       That Council resolve that the Council’s General Purpose Financial Report is prepared in accordance with:

a)    The Local Government Act 1993 (as amended) and the Regulations made there under; and

b)    The Australian Accounting Standards and professional pronouncements; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)    Presenting fairly the Council’s operating result and financial position for the year; and

e)    Accord with Council’s accounting and other records.

2.       The Council’s Special Purpose Financial Reports are prepared in accordance with:

a)    NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b)    Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c)    The Local Government Code of Accounting Practice and Financial Reporting; and

d)    The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e)    Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f)     Accord with Council’s accounting and other records.

3.       That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way, and include such information in the statement.

4.       That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5.       That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

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

Against:                  Nil

Absent:                    Cr Bain

5.19 pm         The Ordinary Meeting was reconvened.

15.

Adoption of reports from Standing Committees

190/17

RESOLVED on the motion of Crs Dodds and Seckold

That all motions recorded in the Standing Committees, including votes for and against be adopted in and by the Ordinary Council Meeting, except for Items 9.1 Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision and Item 12.6 Bega Valley Local Traffic Committee

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

Against:                  Nil

Absent:                    Cr Bain

 

Cr Tapscott declared a pecuniary interest regarding Item 9.1, Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision on the basis that her husband and her own land in Eden Cove.  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.

Cr Nadin declared a significant non-pecuniary interest regarding Item 9.1, Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision on the basis that his friend’s father is the land owner.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register.

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

05:19 pm       Cr Tapscott left the meeting.

05:20 pm       Cr Nadin left the meeting.

191/17

RESOLVED on the motion of Crs Dodds and Griff

That the motions recorded in the Standing Committees for Items 9.1 Section 82A review of determination - Lot 28 DP 1107, 525 K B Timms Drive, Eden - 5 lot subdivision and Item 12.6 Bega Valley Local Traffic Committee, 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, Griff, McBain, Seckold, Dodds and Allen

Against:                  Nil

Absent:                    Crs Bain, Nadin and Tapscott

 

16.      Councillor Reports

There was no Councillor reports

05:21 pm       Cr Tapscott returned to the meeting.

05:21 pm       Cr Nadin returned to the meeting.

17.      Rescission/alteration Motions

There was no rescission/alteration motions

18.      Notices of Motion

18.1

Establishment of two squash courts at Pambula Sporting Complex

 

Cr Nadin declared a non pecuniary interest regarding Item 18.1, Establishment of two squash courts at Pambula Sporting Complex on the basis that he was a former squash club member.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register.

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

192/17

RESOLVED on the motion of Crs Fitzpatrick and Allen

Notice of Motion

1.      That Council approve and fund the establishment of three Squash Courts at the Pambula Sporting Complex funded from the sale of its Main Street Merimbula Property.

2.      That Council allocate funding for squash courts at the Pambula Sporting Complex by resolution contingent on the sale of its Main Street Merimbula Property in early 2018.

3.      That Council include squash courts as part of an indoor sporting facility in the Masterplan for Pambula Sporting Complex.

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

Against:                  Nil

Absent:                    Cr Bain

19.      Questions On Notice

 

19.1

Cr Nadin - cost of facilitator Tura Beach community meeting

 

The response that appeared in the Agenda for the meeting of 20 September2017 was noted.

 

 

19.2

Cr Bain - Communicating the A Frames signage amnesty

 

The response that appeared in the Agenda for the meeting of 20 September2017 was noted.

 

 

 

20.  Questions for the Next Meeting

20.1

Woodlands Road Scheme

 

Cr Russell Fitzpatrick asked given that the NSW Department of Planning & Environment has refused Council’s proposal to rezone land at Woodlands Lane Bald Hills to allow for rural residential subdivision, where does that leave the plans to upgrade the Crown road and bridge, noting that a group of locals have recently paid to have a section of the road bitumen sealed? Can we re-visit those plans? Is there any way of moving forward?

The question was taken on notice by the Director Planning and Environment.

 

20.2

Road Traffic Carving

 

Cr Tony Allen requested that the cost of the median island recently installed in Bermagui be tabled.  A median island provides traffic calming.

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

 

21.  Confidential Business

There was no confidential business.

 

 

Adjournment Into Closed Session

193/17

RESOLVED on the motion of Crs Tapscott and Seckold

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

21.1    General Manager Annual Performance Review for period ending 30 June 2017

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).

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

Against:                  Nil

Absent:                    Cr Bain

 

The General Manager declared a significant non-pecuniary interest regarding Item 21.1 General manager Annual Performance Review for period ending 30 June 2017 on the basis that she is the General Manager.  A signed declaration form was tabled by Leanne Barnes for inclusion in the Register.

The General Manager departed the meeting room, taking no part in the debate of this item.

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

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

5.53 pm        The General Manager returned to the meeting.

5.53 pm         The Ordinary Meeting was reconvened.

Statement of Re-Commencement of Live Streaming

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

22.  Adoption of reports from Closed Session

22.1

General Manager Annual Performance Review for period ending 30 June 2017

 

RESOLVED  on the motion of Crs  Allen and Nadin

That Council adopt the Resolution of the Closed Session meeting.

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

23.1

Declassified Reports

194/17

21.1  Sewerage Treatment Plant Operational Options

On 23 November 2016 a report was presented to Council at the Closed Session regarding future operational arrangements of Bega Valley Shire Council Sewage Treatment Plants (STPs).  The STPs will revert to Council operational responsibility on 29 September 2017 and the November 2016 report and minutes still remain closed.  It is recommended that the report be declassified following redaction of commercial in confidence and sensitive material and that the minutes be declassified in their entirety.   

RESOLVED on the motion by Crs Seckold and Dodds

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

Against:                  Nil

Absent:                    Cr Bain

 

Closure

There being no further business, the Chairperson closed the meeting at 5.54 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 20 September 2017.