PresentCr Kristy McBain, Mayor Cr Liz Seckold, Deputy Mayor Cr Robyn Bain Cr Jo Dodds Cr Russell Fitzpatrick Cr Cathy Griff Cr Mitchell Nadin Cr Sharon Tapscott
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In AttendanceGeneral Manager, Ms Leanne Barnes Acting Director, Transport and Utilities, Mr Ian MacFarlane Acting Director, Planning and Environment, Mr Keith Tull 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 Janelle Curtis |
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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 |
1/18 |
RESOLVED on the motion of Crs Fitzpatrick and Bain That Cr Allen’s apology for today’s meeting be accepted. That Cr Nadin’s request for a leave of absence from 9 February, 2018 until 3 March 2018 be accepted. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
2. Deputations (by prior arrangement)
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Suspension of Standing Orders |
3/18 |
RESOLVED on the motion of Cr Griff and Seckold That Standing Orders be suspended to allow the following persons to address Council regarding: Item 2, Confirmation of the MinutesMr David Jesson: adoption of the minutes of the Ordinary and Closed Session meetings held on 13 December 2017 Item 11.2 RFT 13/17 Sale of 142-144 Imlay Street, Eden (former Hotel Australasia)Mr Peter Whiter In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
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Mr Jesson addressed the meeting. RESOLVED unanimously on the motion of Crs Tapscott and Seckold That Mr Jesson be given a further two minutes to complete his address. Mr Jesson responded to questions from Councillors. The Mayor thanked Mr Jesson for his address. Mr Whiter addressed the meeting and responded to questions from Councillors. The Mayor thanked Mr Whiter for his address. |
3. |
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RESOLVED on the motion of Crs Dodds and Tapscott That the matter be deferred to consider and include the items raised in the address to Council by Mr Jesson. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
Cr Fitzpatrick declared a non-pecuniary interest regarding Item 14.1 Investments Report - November and December 2017 on the basis that he is a Director of the Pambula and Community Bank who hold the ownership of the Pambula and Bega Bendigo Bank Franchises.
A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register noting he would remain in the meeting room and take part in debate and voting on the item.
There were no petitions.
6.1 |
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RESOLVED on the motion of Crs McBain and FitzpatrickThat staff prepare a report to the next Council meeting outlining the current status of E zones and their strategic position in Council’s planning instrument, the current position of the NSW Department of Planning in relation to E zones and work undertaken to review matters presented to staff for consideration. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
There was no urgent business.
8. |
Adjournment into Standing Committees |
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There were no Planning and Environment Reports
There were no community Culture and Leisure Reports
11.1 |
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RESOLVED on the motion of Crs Bain and Nadin1. That Council note the strategic direction and input from the Tourism Industry Liaison Group (TILG). 2. That Council note the progress to the next stage of tendering for the provision of tourism marketing and promotion for a four year period from 1 July 2018. 3. That Council note the recommendations within the report ‘Review of Tourism Services in the Bega Valley Shire’ (2016), and Council Officers progress the development of an appropriate long-term service delivery model for tourism marketing and promotion and a preferred funding model for the future consideration of Council. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
11.2 |
RFT 13/17 Sale of 142-144 Imlay Street, Eden (former Hotel Australasia) |
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The Mayor asked the General Manager if any new matters had been raised in the address to Council. The General Manager responded in the negative. RESOLVED on the motion of Crs Bain and Nadin That the matter be dealt with today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
RESOLVED on the motion of Crs Bain and Fitzpatrick1. That Council resolve to decline to accept all tenders. 2. That Council decline to invite fresh tenders or applications on the basis that there are reasonable prospects of being able to negotiate a contract with the highest ranked tenderer in relation to the subject matter of the tender and the only other tender that was submitted does not meet any of the prescribed requirements. 3. That Council resolve to enter into negotiations with Irisha Pty Ltd and Rubycove Pty Ltd, with a view to entering into a contract and side deed for the sale of 142-144 Imlay Street, Eden (the former Hotel Australasia) on the basis that the financial capacity of the company to deliver the project within the required timeframes are met and there are reasonable prospects of being able to negotiate a contract and side deed which meet all the requirements of the contract and side deed (the subject matter of the tender). In favour: Crs Fitzpatrick, Bain, Nadin, McBain and Seckold Against: Crs Griff, Tapscott and Dodds Absent: Cr Allen |
12.1 |
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RESOLVED unanimously on the motion of Crs Fitzpatrick and Seckold That Council accept the recommendations as outlined in the confidential attachment. |
RESOLVED on the motion of Crs Fitzpatrick and Nadin1. That Council accept the quotation from Bucher Municipal Pty Ltd in relation to the purchase of one vacuum style street sweeper truck under RFQ 102/17 for the total sum of $337,681.64 (including GST). 2. That authority is delegated to the General Manager to execute all necessary documentation. 3. That other tenderers be advised of Council’s decision. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
12.2 |
Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan Grant Offer |
RESOLVED on the motion of Crs Fitzpatrick and Nadin1. That the grant offer of $169,866.67 from the NSW Office of Environment and Heritage for completion of Council’s Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan be accepted and authority be delegated to the General Manager to execute the funding agreement prior to the submission date of 6 February 2018. 2. That upon acceptance of the NSW Office of Environment and Heritage grant offer of $169,866.67, nomination/s be called for local community representatives, for the Bega Valley Shire Floodplain Risk Management Focus Group from within the Merimbula Lake and Back Lake catchments. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
12.3 |
Bemboka Men's Shed and Community Meeting Room - Waiver of Section 64 Charges |
RESOLVED on the motion of Crs Bain and Seckold1. That Council approve the application for the exemption for payment of Section 64 contributions totalling $13,568.12 for DA2017.416 as contemplated in Procedure 4.07.5. 2. That Council staff negotiate a formal agreement for occupation of the site including consideration of responsibility by the Bemboka Sports, Social and Recreation Club Inc. for the whole of life costs for the building. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
13.1 |
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RESOLVED on the motion of Crs Dodds and Tapscott1. That Councillors adopt the amended meeting dates for 2018 as noted in the report to Council of 31 January 2018.
2. That the amended dates be published on Council’s website. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
13.2 |
Six monthly report implementation actions - Memorandum of Understanding with Eurobodalla Shire Council |
RESOLVED on the motion of Crs Nadin and GriffThat Council note the report. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
13.3 |
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RESOLVED on the motion of Crs Bain and Tapscott1. That Council inform the Minister for Local Government (Minister) of Bega Valley Shire Council’s endorsement of the Minister, recommending to the Governor the establishment of a Joint Organisation (JO) in accordance with this resolution: To approve the inclusion of the Bega Valley Shire Council’s (the Council) area in the JO's area. 2. That the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas in the South East and Tablelands State planning region: · Bega Valley · Eurobodalla · Goulburn Mulwaree · Hilltops · Queanbeyan Palerang · Snowy Monaro · Upper Lachlan · Wingecarribee · Yass Valley 3. That, on the expiry of a period of 28 days from the making of this resolution, the General Manager provide the Minister: a) with a copy of this resolution including the date on which Council made this Resolution, and b) inform the Minister this resolution has not been rescinded, for the purpose of the Minister issuing a certificate under section 400P of the Act. 4. That the General Manager also advise the Minister that the preferred name for the Joint Organisation accurately reflect it as a NSW Local Government body through inclusion of South East NSW and Canberra Region in the name and support South East Joint Organisation. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
14.1 |
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Non Pecuniary InterestCr Fitzpatrick declared a non-pecuniary interest regarding Item 14.1 Investments Report - November and December 2017on the basis that he is a Director of the Pambula and Community Bank who hold the ownership of the Pambula and Bega Bendigo Bank Franchises. Cr Fitzpatrick remained in the meeting room and took part in debate or voting. |
RESOLVED on the motion of Crs Fitzpatrick and Tapscott1. That Council receive and note the attached reports indicating Council’s investment position. 2. That Council note the certification of the Responsible Accounting Officer. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
15. |
Adoption of reports from Standing Committees |
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16.1 |
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Cr McBain spoke to the report and responded to questions from Councillors. |
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The report included in the Agenda for the Meeting 31 January 2018 was noted. |
17. Rescission/alteration Motions
There were no rescission motions.
There were no notices of motion.
There were no responses to questions on notice included in the Agenda for the meeting 31 January, 2018
There was no Confidential Business
There were no Closed Session Reports
There were no declassified reports.
There being no further business, the Chairperson closed the meeting at 3.35 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 31 January 2018.