1.

Apologies

 RESOLVED on the motion of Crs Bain and Fitzpatrick

That the apology from Cr Tapscott due to a family bereavement be accepted.

2.

Confirmation of Minutes

162/17

RESOLVED on the motion of Crs Nadin and Dodds

That the Minutes of the Ordinary Meeting and Closed session held on 20 September 2017 as circulated, be taken as read and confirmed.

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

Against:                  Nil

4.1

North Tura Beach Resident's Association regarding Tura Coastal Reserve

This request was received prior to publishing of the Agenda

Mr Chris Young and Mr Les Murphy on behalf of the North Tura Beach Residents Association

5.1

Pretty Point Bridge - Restoration of Trusses

The Mayor tabled 61 forms letters received regarding the restoration of the trusses on Pretty Point Bridge, noting that the Wyndham Progress Association have advised they are compiling a formal petition for lodgement with Council.

The Mayor noted that further form letters have been received today and that the letters will continue to be received and noted as addendums to the petition tabled by her today but would not be responded to individually.

8.

Adjournment into Standing Committees

163/17

RESOLVED on the motion of Crs Bain and Nadin

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

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

Against:                  Nil

Absent:                    Cr Tapscott

9.1

Short-Term Holiday Letting Options Paper

164/17

RESOLVED on the motion of Crs Seckold and Dodds

1.    That Council note the discussion paper.

2.    That staff forward a submission in response to the Options Paper including the threshold 4 bedroom or less home occupied for a period of less than of 60 days be considered exempt development and supporting a regulatory framework as outlined in the report.

3.    That a copy of the submissions be circulated to Councillors.

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

Against:                  Nil

Absent:                    Cr Tapscott

9.2

Commercial Centres Strategy - Review of Merimbula/Pambula/Tura Beach Catchment

165/17

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.         That Council place the draft Commercial Centres Strategy Review of Merimbula, Pambula and Tura Beach Catchment on public exhibition for 28 days.

2.         That a further report be submitted to Council for consideration at the completion of the exhibition period.

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

Against:                  Nil

Absent:                    Cr Tapscott

9.3

Tura Beach Coastal Reserves

Non Pecuniary Interest

Cr McBain declared a non-pecuniary interest regarding Item 9.3 Tura Beach Coastal Reserves on the basis that her family residence is located in North Tura Beach.  A signed declaration form was tabled by Cr McBain for inclusion in the Register. Cr McBain  remained in the meeting room and took part in debate and voting on the matter.

As the matter had been the subject of an address to Council the Chairperson asked had any new matters been raised in the address.

The Director Planning and Environment advised that from his perspective did not raise any new matters and that the addresses were a summary of the many submissions received and included as background material for the report.

RESOLVED unanimously on the motion of Crs Fitzpatrick and Allen that the matter be heard today.

Cr Fitzpatrick moved that the motion be put.

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

Against:                  Cr Griff

Absent:                    Cr Tapscott

166/17

RESOLVED on the motion of Crs Bain and Nadin

1.         Council acknowledges the submissions and opinions expressed by members of two local interest groups and by the broader community and thank them for their input.

2.         Council adopts the agreed actions as outlined in Attachment 4 of the report to be undertaken as annual budgets, successful grant funding and staff resources permit.

3.         That Council re-establishes emergency access previously provided at Dolphin Cove and The Point.

4.         That Council re-establish native grasses that have been colonised by invasive species such as sallow wattle, kikuyu and African love grass.

5.         Council calls for expressions of interest from community members to establish a volunteer group to assist in the management and maintenance of the public reserves in the vicinity of The Point and Dolphin Cove Drive, Tura Beach.

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

Against:                  Nil

Absent:                    Cr Tapscott

10.1

Beach Lifeguard Services Tender RFT 55/17

As the matter had been subject of an address to Council the Chairperson asked had any new matters been raised in the address.

The Director Community Relations and Leisure advised he felt Council could work with the Tathra Chamber of Commerce to achieve a satisfactory outcome to the matters raised in the address.

RESOLVED unanimously on the motion of Crs Allen and Nadin that the matter be dealt with.

167/17

RESOLVED on the motion of Crs Allen and Dodds

1.    That Council note the report.

2.    That Council accept the ALS tender price and identify additional related sources of funding to cover the shortfalls identified in the table above.

3.    That Surf Lifesaving Services Pty Ltd (trading as the Australian Lifeguard Service) be acknowledged as the preferred tenderer for RFT 55/17 Provision of Beach Lifeguard Services

4.    That Council work with the Tathra Chamber of Commerce to source additional funding required to meet shortfalls as outline in the report (funding sources).

5.    That Council write to The Hon Andrew Constance, Member for Bega with the support of the relevant Chambers of Commerce and Tourism bodies in those areas, requesting for support for Council’s funding application to the Water Safety Fund.

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

Against:                  Nil

Absent:                    Cr Tapscott

10.2

Twyford Hall future management

Pecuniary Interest

Cr Seckold declared a pecuniary interest regarding 10.2 Twyford Hall future management on the basis that here son-in-law works as an electrical engineer for a Canberra firm, that Michael Marshman and Associates have contracted to undertake electrical engineering needed for the Twyford Hall.  Cr Seckold departed the meeting room, taking no part in debate or voting on this item.

04:01 pm       Cr Seckold left the meeting.

As the matter had been the subject of an address to Council the Chairperson asked had any new matters been raised in the address.

The Director Community Relations and Leisure advised no new matters had been raised.

RESOLVED unanimously on the motion Cr Allen and Nadin that the matter be dealt with today.

168/17

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.            That Council note the report.

2.            That Council enter into a management deed with Twyford Hall Inc. to manage the Twyford Complex for a period of 15 years (5+5+5years).

3.            That the General Manager and Mayor are authorised to execute the required documentation.

4.            That Council staff work with Twyford Hall Inc. to bring a further report to Council on the question of ownership of the Twyford Complex.

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

Against:                  Nil

Absent:                    Crs Seckold and Tapscott

04:03 pm       Cr Seckold returned to the meeting.

10.3

Eden Preschool and Bandara Preschool Fees and Charges

169/17

RESOLVED on the motion of Crs Bain and Griff

1.    That Council note the report.

2.    That the proposed changes to fees and charges for Eden Preschool and Bandara Preschool be placed on public exhibition for 28 days following the resolution.

3.      That if no submissions are received the fees and charges for Eden Preschool and Bandara Preschool will be taken as adopted.

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

Against:                  Nil

Absent:                    Cr Tapscott

11.1

Councillor attendance Local Government NSW Conference 2017

The General Manager advised that notice had been received from Local Government NSW that Bega Valley Shire Council has three voting entitlements for voting on motion and three voting entitlements for voting in board meetings and noted that Council has resolved at the meeting of 30 August 2017 that the Mayor and two additional delegate should attend the conference.

A motion was moved by Cr Fitzpatrick that Council resolved not to send two additional delegates to the meeting.

Cr Allen raised a Point of Order that this was an invalid motion under the Code of Meeting Practice.

170/17

RESOLVED on the motion of Crs Nadin and Griff

1.      That Cr Dodds and Cr Griff attend the LG NSW Conference on 4 to 6 December 2017.

2.    That dependent on its availability to Council, Councillors consider at a Councillor Briefing, motions included in the Business Paper for the Local Government NSW Conference prior to the attendance at the conference, and come to a consensus on Bega Valley Council’s stance on the items in that Business Paper.

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

Against:                  Crs Fitzpatrick, Bain and Allen

Absent:                    Cr Tapscott

12.1

Bemboka Water Treatment Plant - Appointment of Public Works Advisory for assistance with Project Design and Construction

171/17

RESOLVED on the motion of Crs Bain and Allen

That Council accept the proposal of 21 July 2017 for Project Management and Contract Administration Services from NSW Public Works Advisory to assist Council with the Detail Design and Construction of the new Water Treatment Plant at Bemboka for the amount of $159,800 (excluding GST) subject to variations and provisional items.

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

Against:                  Nil

Absent:                    Cr Tapscott

12.2

Tender RFT 62/17 Bermagui Bridge Piles Project

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That Council accept the recommendations as outlined in the confidential attachment.

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

Against:                  Nil

Absent:                    Cr Tapscott

172/17

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.          That Council accept the tender from Guideline South Coast Pty Ltd in relation to contract for the works described in Tender 62/17, in the amount of $102,080.00 (including GST), subject to variations, provisional sums and prime cost items.

2.          That this project scope be extended to the rest of the bridge piers pending future funding approval and contractor agreeance; estimated at $612,480 for the remainder of the works.

3.          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.

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

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

Against:                  Nil

Absent:                    Cr Tapscott

12.3

Public Exhibition of Draft Bega and Brogo Rivers Floodplain Risk Management Study and Plan

173/17

RESOLVED on the motion of Crs Seckold and Dodds

1.         That Council note the draft Bega and Brogo Rivers Floodplain Risk Management Study and Plan reports and preliminary findings.

2.         That the draft Bega and Brogo Rivers Floodplain Risk Management Study and Plan be placed on public exhibition as per Option 1.

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

Against:                  Nil

Absent:                    Cr Tapscott

12.4

Bega Valley Local Traffic Committee (Supplementary Agenda)

Non-Pecuniary Interest

Mr Anthony Basford, director Community Relations and Leisure declared non pecuniary interest regarding Item 12.4 Bega Valley Local Traffic Committee  on the basis that he is the Secretary of the Lumen Christi Community Council and this matter has been discussed at their meetings.

04:47 pm     The Director Community Relations and Leisure left the meeting.

Pecuniary Interest

Cr Nadin declared a pecuniary interest regarding Item 12.4 Bega Valley Traffic Committee on the basis that he owns a business in the Merimbula CBA.  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.

04:47 pm       Cr Nadin left the meeting.

Cr Fitzpatrick made a statement and apology regarding his actions on his concerns that statements were made during deputations to Council regarding lack of care by Council for the safety of children.

174/17

RESOLVED on the motion of Crs McBain and Bain

1.      That Council note the report from the Bega Valley Local Traffic Committee.

2.      That Council encourages Lumen Christi College to continue as a priority to work with Council staff and the Traffic Committee to implement a safe drop off and pick up zone for the school.

3.    That Council note the view of the Local traffic committee in regard to temporary three hour parking in Merimbula in response to Council’s resolution from the meeting of 30 August, 2017.

4.    That Council request that the Local Traffic Committee consider amending the timed parking in Sapphire Coast Drive from Merimbula Drive to Main Street on the Eastern side from two hour parking to all day parking.

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

Against:                  Nil

Absent:                    Crs Nadin and Tapscott

05:03 pm       Cr Nadin and the Director Community Relations and Leisure returned to the meeting.

13.1

Related Party and Pecuniary Interest Disclosure Returns - 1 July 2016 to 30 June 2017

175/17

RESOLVED on the motion of Crs Seckold and Griff

That Council note the report on Lodgement of Disclosures by Councillors and Designated Persons Return and Related Party Disclosure forms for the period ending 30 June 2016 and the positions required to submit returns for the period ending 30 June 2017.

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

Against:                  Nil

Absent:                    Cr Tapscott

14.1

Certificate of Investment

176/17

RESOLVED on the motion of Crs Allen and Nadin

1.         That Council receive and note the attached report indicating Council’s investment position.

2.         That Council note the Certificate of the Responsible Accounting Officer.

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

Against:                  Nil

Absent:                    Cr Tapscott

15.

Adoption of reports from Standing Committees

Recommendation

RESOLVED on the motion of Crs and Allen and Dodds

That the following motions recorded in the Standing Committees, including votes for and against, be adopted in and by the Ordinary Council Meeting.

9.1  Short-Term Holiday Letting Options  paper

9.2 Commercial Centres Strategy - Review of Merimbula/Pambula/Tura Beach Catchment

10.1 Beach Lifeguard Services Tender RFT 55/17

10.3 Eden Preschool and Bandara Preschool Fees and Charges

11.1 Councillor attendance Local Government NSW Conference 2017

12.1 Bemboka Water Treatment Plant - Appointment of Public Works Advisory for assistance with Project Design and Construction

12.2 Tender RFT 62/17 Bermagui Bridge Piles Project

12.3 Public Exhibition of Draft Bega and Brogo Rivers Floodplain Risk Management Study and Plan

13.1 Related Party and Pecuniary Interest Disclosure Returns - 1 July 2016 to 30 June 2017 180

14.1 Certificate of Investment

The following items were subject to Pecuniary or Non Pecuniary interest declaration by Councillors

9.3   Tura Beach Coastal Reserves.

Cr McBain’s non-pecuniary interest as declared was noted.  She remained in the meeting room and took part in debate and voting on the matter.

RESOLVED on the motion of Crs and Allen and Bain

That the recommendation of the Standing Committee be adopted.

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

Against:                  Nil

Absent:                    Cr Tapscott

10.2 Twyford Hall future management

Cr Seckold’s-pecuniary interest as declared was noted.  She departed  the meeting room and took no part in debate and voting on the matter.

5.07 pm Cr Seckold departed the meeting room

RESOLVED on the motion of Crs and Allen and Bain

That the recommendation of the Standing Committee be adopted.

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

Against:                  Nil

Absent:                    Crs Seckold and Tapscott

5.07 Cr Seckold returned to the meeting room.

12.4 Bega Valley Traffic Committee

Cr Nadin’s pecuniary interest as declared was noted.  He departed  the meeting room and took no part in debate and voting on the matter.

The Director Community Relations and Leisure’s non-pecuniary interest as declared was noted. He departed  the meeting room and took no part in debate or discussion on the matter.

5.08 pm Cr Nadin and the Director Community Relations and Leisure left the meeting room.

RESOLVED on the motion of Crs Bain and Allen

That the recommendation of the Standing Committee be adopted.

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

Against:                  Nil

Absent:                    Crs Nadin and Tapscott

5.08 pm Cr Nadin and the Director Community Relations and Leisure returned to the meeting room.

18.1

Evans Park

177/17

RESOLVED on the motion of Crs Allen and Fitzpatrick

That Council meet the additional funds required to connect water and sewer supply to the Evans Park facilities from the Water and Sewer Funds.

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

Against:                  Crs Griff and Dodds

Absent:                    Cr Tapscott

18.2

Pretty Point Bridge

178/17

RESOLVED on the motion of Crs Allen and Dodds

Notice of Motion

That Council continue to work with the Pretty Point Bridge committee to promote and research the possibility of putting the trusses back on the new bridge in a manner that does not interfere with the operation of the bridge and reflects the heritage of the  bridge.

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

Against:                  Nil

Absent:                    Cr Tapscott

19.1

Cr Fitzpatrick - Car Parking Merimbula

The response published in the Agenda for the meeting of 11 October, 2017 was noted.

19.2

Cr Nadin - Littleton Gardens

The response published in the Agenda for the meeting of 11 October, 2017 was noted.

19.3

Cr Allen - Median Island Bermagui

The response published in the Agenda for the meeting of 11 October, 2017 was noted.

19.4

Cr Fitzpatrick - Woodlands Lane Bald Hills

The response published in the Agenda for the meeting of 11 October, 2017 was noted.

20.1

Further Question on Car Parking in Merimbula

Cr Russell Fitzpatrick  asked a further question regarding Car Parking in Merimbula

He asked what alternatives could be put in place to provide adequate parking in Merimbula during the Christmas period due to the unavailability of parking on the Rawson site by this time.

The General Manager advised that Council staff are looking at options but clarified that the parking spaces on the Rawson site are not public spaces but relate to parking provided by the Merimbula RSL .  The General Manager advised Mr Rawson and the RSL would need to discuss the issue.

The General Manager advised that a further report would be presented to Council.

Cr Fitzpatrick then asked a could parking on the current development site or access road be considered.

The General Manager advised that land was the property of Club Sapphire (Merimbula Bowling Club) and that there would be a number of issues related to any parking on that site including public liability and that these matters would be included in the report to Council.

20.2

Further Question regarding upgrade of Crown road and bridge and rezoning of land at Woodlands Lane Bald Hills

Cr Russell Fitzpatrick asked that following on from the response provided to his question at the Council Meeting of 20 September, that until such time as the road and bridge works are fully funded and constructed the road will remain the responsibility of the Crown, is it now possible to negotiate with Crown Lands for a possible road upgrade and bridge construction by Crown Lands for hand over to Council

The Acting Director Transport and Utilities took the question on notice

20.3

Traffic Study Merimbula

Cr Mitchell Nadin asked that following the opening of the upgraded intersection in Main Street Merimbula, could Councillors be informed when the committed to traffic study in Merimbula would commence.

The General Manager advised traffic counters have been ordered and the process will take place in coming months.

20.4

Funding Allocations Mumbulla Foundation and South East Arts

Cr Mitchell Nadin asked could staff confirm the amounts of funding allocation to the Mumbulla Foundation and South East Arts following adoption of the 2017/2018 Budget and if these allocations were done without Council approval.

The Director Community Relations and Leisure noted the amounts allocated were within budgets approved by Councillors and were $25,000 for South East Arts and $30,000 for the Mumbulla Foundation.

20.5

Rents for RFS Sheds and possible sale to community groups

Cr Russell Fitzpatrick asked about the rents being charged by Council to community groups such as “Men’s Sheds” for use of decommissioned Rural Fire Service sheds.

The General Manager advised that the decommissioned Rural Fire Service sheds were located on Crown Lands.   She noted that Council was not able to sell Crown Lands, unless the land was handed to Council as operational land.  She advised that Council would be considering the future management of Crown Lands within the Shire for future report to Council.

The General Manager suggested a future Notice of Motion from Council to the Local Government NSW Conference that facilities owned by and managed on behalf of groups such as the Rural Fire Service, Life Saving Services, etc can be handed back to the care and control of the NSW State Government.

20.6

Communicating the A Frames signage amnesty

Cr Robyn Bain noted the answer supplied in the Agenda for the meeting of 20 September, 2017, regarding communication around the Amnesty for payment of fees on A-Frame signs.  Although the response was that the amnesty on application fees was well publicised by the local media at the time of Council’s decision in June 2017 and that Council Rangers will communicate directly with the subject businesses as they undertake their operational duties, that as far as she was aware small businesses did not know about this.

To clarify the matter she asked what communications plan had been implemented to advise businesses about the decision of Council of June 2017, specifically had the information been:

·         Placed on Council’s website

·         Posted on Council’s Facebook site

·         Provided to the media via Media Release

·         Provided by the Placed Based officers and/or Rangers to business and had they visited the businesses to do so.

·         Provided to the local Chamber of Commerce groups.

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

20.7

Promotion of South Coast History Society - question from Eden Whale Museum

Cr Robyn Bain asked about a letter from the Eden Whale Museum asking the reason why Council is promoting events held by the South Coast History Society through Council’s social media and who makes the decision on what events will be promoted.  The Eden Whale Museum noted a number of voluntary historical groups that would benefit from extra promotion via Council’s social media page and asked why this was not happening.

The Director Community Relations and Leisure noted that the group had answered the question in their letter, referring to work that the South Coast History Society were doing with the library, and he understood a response had been provided to the Eden Whale Museum suggesting that their group and any other similar groups could liaise with Council’s Library staff, as done by the South Coast History Inc.