1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

RESOLVED on the motion of Crs Bain and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 23 May 2018 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

Deputation

Mr John Vaughan withdrew his deputation prior to the meeting.

8.

Adjournment into Standing Committees

There were no reports to Standing Committees

9.1

Report on public exhibition of Existing Holdings Planning Proposal

52/18

RESOLVED on the motion of Crs Tapscott and Seckold

1.    That Council amend Clause 4.2A as detailed below:
       Amend Clause 4.2A (3)(d) to read:

(3)       Development Consent must not be granted for the erection of a dwelling house on land to which this clause applies, and on which no dwelling house has been erected, unless the land:

(d)       is an existing holding shown on the Original Holdings Map in relation to that land, or

Delete Clause 4.2A(4)

Renumber Clauses 4.2A(5) and (6) as follows:

(4)       Development Consent may be granted for the erection of a dwelling house on land to which this clause applies if there is a lawfully erected dwelling house on the land and the dwelling house to be erected is intended only to replace the existing dwelling house.

(5)       In this clause:

existing holding means land that:

(a)       was a holding on 7 January 1966, and

(b)       is a holding at the time the application for Development Consent referred to in subclause (3) is lodged, whether or not there has been a change in the ownership of the holding since 7 January 1966.

holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.

2.       That Council introduce and produce an Original Holdings Map.

3.       That Council proceed to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 30) in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979.

4.       That Council write to all sub matters to advise the outcome.

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

Against:                  Nil

9.2

The Provision of Public Carparking in Merimbula Central Business District

53/18

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.    That Council endorse the findings of the Zenith Review of Development Contributions and the Provision of Public Car-parking in Merimbula.

2.    That Zenith Town Planning be requested to provide a briefing to the Merimbula Chamber of Commerce.

3.      That following the briefing for the Merimbula Chamber of Commerce, the Merimbula Town Centre Car Parking Review be publicly released.

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

Against:                  Nil

10.1

Licence for the upper level of the Tathra Wharf - Museum

Cr Seckold declared a significant non pecuniary interest regarding Item 10.1, Licence for the upper level of the Tathra Wharf – Museum, on the basis that she is the current President of the Tathra Wharf Museum run by the Pig and Whistle Fleet Club Inc.  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.

02:12 pm       Cr Seckold left the meeting.

54/18

RESOLVED on the motion of Crs Tapscott and Nadin

1.    That Council, as Reserve Trust Manager of the Tathra Wharf Reserve Trust (R180056), approve a further five year Licence Agreement to the Pig and Whistle Fleet Club Inc. for their continued occupation of the Museum on the upper level of the Tathra Wharf building located on Crown Reserve 180056 at Tathra for the annual rental fee of $529.10 per annum increased annually by CPI.

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

3.    That in accordance with the requirements of the Crown Lands Act 1989 (NSW), Council obtains the Minister’s formal consent to enter into the Licence Agreement.

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

Against:                  Nil

Absent:                    Cr Seckold

11.1

Bega Salesyards Lease

55/18

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council approve a further 12 month lease to Sapphire Horizons Pty Limited (Mr David Boag), from 1 July 2018 to 30 June 2019 on the same terms and conditions as the existing Lease.

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

3.    That Council note a further report will be presented to Council in early 2019 detailing the results of its review of the Saleyards asset and its operations in order to map out a longer term strategy for the facility.

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

Against:                  Nil

12.1

Floodplain Risk Management Focus Group Revitalisation

Cr Nadin declared a significant non pecuniary interest regarding Item 12.1, Floodplain Risk Management Focus Group Revitalisation, on the basis that knows the nominee.  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.

02:22 pm       Cr Nadin left the meeting.

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That Council accept the recommendation from the Confidential Memorandum.

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

Against:                  Nil

Absent:                    Cr Nadin

56/18

RESOLVED on the motion of Crs Fitzpatrick and Griff

1.       That Eric Clyde Thomas be appointed as community representative for the Bega Valley Floodplain Risk Management Focus Group for the term of the current Towamba River, Lake Curalo and Twofold Bay Flood Study project.

2.       That the previous community representatives be acknowledged in writing for their contribution.

3.       That Cr Seckold and Cr Nadin reconfirm their appointed as Councillor representatives for the Bega Valley Floodplain Risk Management Focus Group until September 2020.

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

Against:                  Nil

Absent:                    Cr Nadin

12.2

Bruce Steer Pool Public Amenities

A motion was moved by Crs Griff and Dodds

1.    That Council amend the exhibited Bruce Steer Pool Amenities Building design based on   feedback from the recent consultation and proceed with option four (4) as discussed in the report.

2.    That the existing amenities building be retained until the new building is commissioned.

3.    The attached Draft Bruce Steer Pool Costal Accessibility Plan be adopted, with the exception of item 13 ‘upper picnic area’.

It was put to the vote and CARRIED

A motion was foreshadowed by Crs Allen

1.    That Council amend the exhibited Bruce Steer Pool Amenities Building design based on   feedback from the recent consultation and proceed with option four (4) as discussed in the report.

2.    That the existing amenities building be retained until the new building is commissioned.

3.    That usage counters be placed on both buildings to monitor total use against the capacity of the new building and the results be reported to Council.

4.    The attached Draft Bruce Steer Pool Costal Accessibility Plan be adopted, with the exception of item 13 ‘upper picnic area’, noting the future of the existing toilet block is to be resolved by Council pending Recommendation 3 above.

57/18

RESOLVED on the motion of Crs Griff and Dodds

1.    That Council amend the exhibited Bruce Steer Pool Amenities Building design based on   feedback from the recent consultation and proceed with option four (4) as discussed in the report.

2.    That the existing amenities building be retained until the new building is commissioned.

3.    The attached Draft Bruce Steer Pool Costal Accessibility Plan be adopted, with the exception of item 13 ‘upper picnic area’.

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

Against:                  Crs Fitzpatrick, McBain and Allen

12.3

Pambula Pony Club - Project Proposal Safety Fence

Cr Tapscott declared a significant non pecuniary interest regarding Item 12.3, Pambula Pony Club - Project Proposal Safety Fence, on the basis that a family member is on the Executive of the Pambula Pony Club.  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.

Amended as per Minutes of the Meeting held 27 June 2018 – Resolution No 52/18

02:42 pm       Cr Seckold left the meeting.

2.42 pm         Cr Tapscott left the meeting

Cr Fitzpatrick declared a significant non pecuniary interest regarding Item 12.3, Pambula Pony Club - Project Proposal Safety Fence, on the basis that he is a committee member of the Pambula Sporting Complex mentioned in the report.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

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

02:42 pm       Cr Fitzpatrick left the meeting.

The Mayor tabled a letter received from the Pambula Pony Club which had been distributed to all Councillors.

58/18

RESOLVED on the motion of Crs Dodds and Griff

1.    That Council provide in principle support for the Pambula Pony Club Safety fence proposal.

2.    That the Pambula Pony Club and the Pambula Sporting Complex Site Committee work together to reach an agreement on materials. 

Amended in line with Minutes of the Meeting held 27 June 2018 – Resolution No 52/18

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

Against:                  Nil

Absent:                    Crs Fitzpatrick and Seckold

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

Against:                  Nil

Absent:                    Crs Fitzpatrick and Tapscott

12.4

Compulsory acquisition of land at Tathra for access purposes

59/18

RESOLVED on the motion of Crs Nadin and Bain

1.    That Council makes an application to the Minister and/or Governor for approval to compulsorily acquire Lot 1 DP 1241032 being a 65.8m2 section of Lot 31 DP 600836 from Walhara Pty Ltd for a value of $22,240.00, by compulsory process in accordance with the Land acquisition (Just Terms Compensation) Act 1991 (NSW) and under section 186 of the Local Government Act 1993 (NSW).

2.    That Council makes an application to the Minister and/or Governor for approval to compulsorily acquire the proposed easement for right of access 5m wide and variable `width designated as (A) in the registered deposited plan 1223026 within Lot 7010 DP 1071330 for the purpose of accessing the Sewer Pump Station at Tathra in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) and under section 186 of the Local Government Act 1993 (NSW).

3.    That minerals are to be excluded from this acquisition.

4.    That this acquisition is not for the purposes of resale.

5.    That the General Manager and Mayor be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the interest in the above mentioned land by compulsory process under section 186 of the Local Government Act 1993 (NSW).

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

Against:                  Nil

12.5

Supply and Delivery of Kitchen Caddies and Compostable Bags - FOGO

RESOLVED on the motion of Crs Dodds and Nadin

That Council accepts the tender evaluation recommendation as outlined in the Confidential Attachment.

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

Against:                  Nil

60/18

RESOLVED on the motion of Crs Dodds and Nadin

1.    That Council accepts the tender evaluation recommendation as outlined in the Confidential Attachment.

2.    That Council accepts the tender from Mastec Australia Pty Ltd in relation to contract for the supply of goods described in Tender 04/18.

3.    That authority is delegated to the General Manager to execute all necessary documentation.

4.    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

Transfer of portions of surplus closed road at Numbugga

61/18

RESOLVED on the motion of Crs Seckold and Dodds

That the General Manager and Mayor be authorised to execute the necessary documentation to effect transfer of Lots 10, 11 and 12 DP 840927 to the current property owner of the adjoining land, Mr Robert Edward Lowen.

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

Against:                  Nil

12.7

RFT 21 18 Bega Water Hydrological Consultancy

RESOLVED on the motion of Crs Fitzpatrick and Nadin

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

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

Against:                  Nil

62/18

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That Council accept the proposal from SMEC for the work involved in the Hydrological Consultancy to Review, Investigate, Survey and Report on Water Supply for Bega, in the amount of $ 328,616.00 (including GST), subject to variations and provisional sums.

2.    That authority is delegated to 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

12.8

Lake Street Shared Path

63/18

RESOLVED on the motion of Crs McBain and Nadin

1.    That Council acknowledge the conclusions of the report - Feasibility Study of Options A, B & C Lake Street Shared Path, Merimbula.

2.    That Council acknowledge the key findings of the ‘Traffic Engineering Assessment of Options’.

3.    That Council acknowledge the key community concerns that arose from the public exhibition and the contents of the Public Exhibition Survey Findings.

4.    That Council proceed with the delivery of Option G – being similar to Delivery of Option B with a reduced path Length from Rotary Park to Bar Beach and maintain the existing two-way road configuration along Lake Street subject to approval of a variation of scope to the existing funding deed with NSW State Government.

5.    That should the Variation to the existing funding deed not be approved Council delegate the Mayor and General Manager to develop an option acceptable to the NSW State Government for a final report back to Council in August.

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

Against:                  Cr Dodds

13.1

Update on Tathra, Vimy Ridge, Reedy Swamp Fire Recovery

64/18

RESOLVED on the motion of Crs Bain and Seckold

1.      That Council note the report and the current and expected impacts on Council operations related to the Tathra and District fire recovery.

2.      That the impacts of the recovery on Council operations and resourcing be monitored and included in the annual report as it relates to 2017/18 and in quarterly financial reports to Council during the 2018/19 year.

3.      That Council write to the Prime Minister for funding support of $5 million for the recovery program expenses of Bega Valley Shire Council in the Tathra District Fire recovery role, and that such funding not be linked to the National Disaster Recovery Program.

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

Against:                  Nil

13.2

Audit fees

65/18

RESOLVED on the motion of Crs McBain and Nadin

1.   Approve the expenditure of $75,400 for the 2017-18 Financial Audit to the Audit Office of New South Wales

2.   Approve the expenditure of $7,760 for the final variation to the 2016-17 Financial Audit to the Audit Office of New South Wales

3.   That Council write to the Minister for Local Government, The Hon Gabrielle Upton MP and the Member for Bega, The Hon Andrew Constance MP to highlight the significant increase in audit fees attributable to the use of the NSW Audit Office as auditors for all NSW Councils, and the distinct disadvantage to residents and ratepayers due to the inability for Councils to negotiate audit fees that would allow delivery of value for money.

4.   That Council look to put a motion to the LGNSW Annual Conference in Albury this year as to the disadvantage this policy of centralised audits has placed on councils.

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

Against:                  Nil

14.1

Investment Report as at 30 April 2018

66/18

RESOLVED on the motion of Crs Tapscott and Bain

1.    That Council receive and note the attached reports indicating Council’s investment position as at 30 April 2018.

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

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

Against:                  Nil

15.

Adoption of reports from Standing Committees

There were no reports to standing committees

16.1

Affordable Housing Roundtable Outcomes

The report published in the Agenda for the meeting of 13 June, 2018 was noted.

16.2

Mayor update

Cr McBain advised that the Canberra Regional Joint Organisation (CBRJO) was formally proclaimed on 3 May 2018 with the first meeting of the newly, formally constituted Joint Organisation (JO) will be held on 29 June 2018.  I have asked for a JO Board Meeting to be held in Bega in the future.  A report on the status and framework of the new JO will be presented to Council following the first Board Meeting.

18.1

Undergrounding of conduit Main Street Merimbula

Cr Tapscott declared a pecuniary interest regarding Item 18.1, Undergrounding of conduit Main Street Merimbula on the basis that has a small interest in a property on this street.  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.

67/18

RESOLVED on the motion of Crs Nadin and Bain

That Council receive a report that plans for, and scopes out the logistics and cost of installing conduit along the Main Street in Merimbula from the Sapphire Bowling Club to the intersection of Market Street and any opportunity to relocate the transformer.

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

Against:                  Nil

ABSENT:                    Cr Tapscott

18.2

Statement of Solidarity - Refugee Day

68/18

RESOLVED on the motion of Crs Dodds and Seckold

Notice of Motion

That Council resolve to sign the United Nations #WithRefugees Campaign international statement of solidarity for World Refugee Day.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

19.1

Cr Bain - Update on Correspondence received from the Bega Valley Shire Residents and Ratepayers Association

The response published in the Agenda for the meeting of 13 June, 2018 was noted

20.1

Frogs Hollow update

Cr Fitzpatrick asked that the Councillors and community be updated on the Frogs Hollow DA and the possibly of it going to the JRPP?

The Director, Community, Planning and Environment answered that Council officers are continuing to assess the development application having received further information from the applicant, legal advice is being finalised and a reminder that the application will likely go to the JRPP for determination.

20.2

Road works Merimbula bridge

Cr Nadin has been advised by members of the public that they had been waiting for 25-30 minutes at a time at the work site at Sapphire Coast Drive.  He asked can the works be undertaken at night to minimise the traffic impacts.

The Director, Assets and Operations advised it would not be possible for this project as works were being undertaken by a contractor who based their pricing on being able to do works during the day. If Council was to consider doing any night works for road related projects in the future there would also be cost implications.

Adjournment Into Closed Session

69/18

RESOLVED on the motion of Crs Seckold and Dodds

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

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

Against:                  Nil

22.1

Externally Funded Programs

RESOLVED on the motion of Crs Dodds and Nadin

1.     That an executive summary, findings and recommendations of the Crowe Horwath’s report, ‘Financial assessment of externally funded programs’ be publicly released and the full report be accepted by Council.

2.       That Council confirm its policy positions:

a.       Not to operate in competition with community or private providers in terms of target groups with respect to the provision of community and children’s services; and

b.       To commit to ensuring access to services for disadvantaged and marginalised groups that may at times require financial support by Council.

3.     That Council note the closure of its Compacks program from July 2018 due to the funding body ceasing its current contract and sourcing an alternative local service provider.

4.     That the trial of Council’s involvement in the National Disability Insurance Scheme be extended a further 12 months from the original two year trial to 30 June 2020, with a progress report to Council in June 2019.

5.     That Council continue to operate Brighter Futures, the Commonwealth Home Support Program, services under the National Disability Insurance Scheme (for a two year trial), Sapphire Mobile Preschool, Bandara Children’s Services, the Indigenous Advancement Strategy, and Eden preschool and long day care programs.

6.     That Council raise community awareness of its commitment to community and children’s services programs in the Bega Valley Shire.

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

Against:                  Nil