1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

52/18

RESOLVED on the motion of Crs Seckold and Dodds

That the Minutes of the Ordinary Meeting and Closed session held on 13 June 2018 as circulated, be taken as read and confirmed with the following amendment to the Ordinary Meeting minutes:

•     That it was reported that Cr Seckold left and returned to the room at Item 12.3 Pambula Pony Club - Project Proposal Safety Fence, however it was Cr Tapscott that left and returned the room.

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

Against:                  Nil

7.1

Extend the public exhibition period for DA 2017.445 - proposed recreational flight school, Frogs Hollow.

53/18

RESOLVED on the motion of Crs Nadin and Allen

The Council extend, for a further two weeks, the public exhibition period for DA 2017.445 - proposed recreational flight school, Frogs Hollow.

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

Against:                  Nil

7.2

Merimbula Parking Report

54/18

RESOLVED on the motion of Crs Nadin and Tapscott

That Council make the Merimbula parking report available to members of the Merimbula Chamber of Commerce immediately.

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

Against:                  Cr Fitzpatrick

8.

Adjournment into Standing Committees

There were no reports to Standing Committees

12.2

Tathra to Kalaru bike track - Land matters

Cr Seckold declared a significant non pecuniary interest regarding Item 12.2, Tathra to Kalaru bike track - Land matters on the basis that she is the Chair of the Bega Tathra Saferide.  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.

02:09 pm       Cr Seckold left the meeting.

55/18

RESOLVED on the motion of Crs Griff and Dodds

1.       That Part Lot 288 DP 1216718 (as defined in the attached plan) be acquired (with landowner’s consent) for the valuation amount of $13,000 (excluding GST) for the purpose of a public road pursuant to Section 177 of the Roads Act 1993 (NSW).

2.       That it be noted Council intends to dedicate the land, as referred to in recommendation 1 above, in the NSW Government Gazette as a public road under Section 10 of the Roads      Act 1993 (NSW).

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

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

Against:                  Nil

Absent:                    Cr Seckold

13.1

Adoption of Revised Delivery Program 2017- 2021 and Operational Plan 2018-2019 and Annual Budget 2018-2019

A motion was moved by Crs Griff and Tapscott

1.    That Council adopt the exhibited Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 and Annual Budget 2018-2019 subject to the changes outlined in this report with the following amendments:

·         That the following scheduled works from 2017/18 which are not completed be formally resolved to the 2019/18 budget

• Bruce Steer Pool Amenities $125,000
• Barclay Street Sportsground Renewal / Improvement $146,000
• North Tura Trail Improvements $30,000
• Wallaga Lake Trail Renewal $40,000

·         That the funding model proposed to identify some allocation for events and community support [following reduction of the Southern Phones dividend funding] not be applied. Instead, staff prepare a report to Council with the first quarterly budget review, following reconciliation of the end of year financial results, outlining potential avenues of funding to support the restoration of a community events funding allocation of $40,000, potential allocation to also be identified for the Merimbula VIC relocation and fit out, Bermagui charrette, and the sealing of the Plumb Motors Auckland Street Car park.

·         That the parking/ranger trial be commenced following community information about the program and remain in place and be monitored for a three month period.

RESOLVED on the motion of Cr Tapscott

That the motion be put.

In favour:             Crs Griff, Seckold, Tapscott and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin, McBain and Allen

It was put to the vote and LOST.

A motion was foreshadowed motion by Cr Nadin.

That each dot point be dealt with separately.

Cr Nadin withdrew his foreshadowed motion.

A motion was foreshadowed by Cr Fitzpatrick

1.    That Council adopt the exhibited Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 and Annual Budget 2018-2019 subject to the changes outlined in this report with the following amendments:

·         That the following scheduled for works from 2017/18 which are not completed be formally resolved to the 2019/18 budget

• Bruce Steer Pool Amenities $125,000
• Barclay Street Sportsground Renewal / Improvement $146,000
• North Tura Trail Improvements $30,000
• Wallaga Lake Trail Renewal $40,000

·         Dot point 2 and 3 be dealt with separately

56/18

RESOLVED on the motion of Crs Griff and Tapscott

1.    That Council adopt the exhibited Bega Valley Shire Delivery Program 2017 – 2021 and Operational Plan 2018-2019 and Annual Budget 2018-2019 subject to the changes outlined in this report with the following amendments:

·         That the following scheduled works from 2017/18 which are not completed be formally resolved to the 2019/18 budget

• Bruce Steer Pool Amenities $125,000
• Barclay Street Sportsground Renewal / Improvement $146,000
• North Tura Trail Improvements $30,000
• Wallaga Lake Trail Renewal $40,000

·         That the funding model proposed to identify some allocation for events and community support [following reduction of the Southern Phones dividend funding] not be applied. Instead, staff prepare a report to Council with the first quarterly budget review, following reconciliation of the end of year financial results, outlining potential avenues of funding to support the restoration of a community events funding allocation of $40,000, potential allocation to also be identified for the Merimbula VIC relocation and fit out, Bermagui charrette, and the sealing of the Plumb Motors Auckland Street Car park.

·         That the parking/ranger trial be commenced following community information about the program and remain in place and be monitored for a three month period.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

14.1

Councillors annual fees

A motion was moved by Crs Allen and Bain

That the Councillor and Mayoral annual fees remain at the 2017/18 year level.

It was put to the vote and CARRIED.

A motion was foreshadow by Cr Dodds

1.    That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2018 to 30 June 2019 will be $19,790

2.    That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2018 to 30 June 2019 will be $43,170 in addition to the Councillors annual fee.

57/18

RESOLVED on the motion of Crs Allen and Bain

That the Councillor and Mayoral annual fees remain at the 2017/18 year level.

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

Against:                  Crs Seckold, Tapscott and Dodds

14.2

Adoption of Fees and Charges 2018 - 2019

58/18

RESOLVED on the motion of Crs Allen and Nadin

That Council make each fee and charge for 2018-2019 in accordance with the exhibited draft Fees and Charges subject to the changes outlined in this report with the following amendments:

·         That the medical flight recovery fee be held at the 2017/18 level of $49.00

·         That Public Land Use fees be reduced as follows application fees: initial fee $99 per application (down from $196), annual renewal fee $no charge (down from $130), change of occupier $100 (down from $107)

·         That annual rental charges for outdoor eating be reduces as follows:  Bega, Merimbula, Eden, Bermagui, Tathra, Pambula, Cobargo - flat fee $45 per square metre (no fringe/core or division between larger towns), other villages $25 per square metre

·         That Annual Rental Charges for shopfront footpath displays and fixed premise signage be amended as per the table below:

·         That Council adopt the fees and charges as exhibited for Local Community Organisations, Commercial and Business Use and Special Event/Multi Day events but defer adoption of a model for Local Sports Clubs pending further consultation with the intention of raising the same level of revenue.

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

Against:                  Cr Bain

14.3

Making of the Rates and Charges for 2018 - 2019

59/18

RESOLVED on the motion of Crs Dodds and Griff

That the Revenue Policy be adopted in the Draft Operational Plan 2018/19.

That the following rates and charges be applied in accordance with Sections 534 and 535 of the Local Government Act 1993,  

1.    General Rates:

•     to make a Base rate of $491.14 on each rateable parcel of land and an ad-valorem rate of 0.003957 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the Local Government Act 1993 (the LG Act) and;

•     to make a Base rate of $491.14 on each rateable parcel of land and an ad-valorem rate of 0.003957 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 515 of the LG Act and;

•     to make a Base rate of $491.14 on each rateable parcel of land and an ad-valorem rate of 0.007631 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 518 of the LG Act and;

•     to make a Base rate of $491.14 on each rateable parcel of land and an ad-valorem rate of 0.007631 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 517 of the LG Act and;

2.    Stormwater Charge:

·    to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

·    to make a make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

·    to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

·    to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

·    to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

·    to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act.

3.    Waste and Recycling Collection Charge:

·    in accordance with Section 496 and 501 of the Local Government Act 1993, it is recommended that Council makes waste management charges for 2018-2019:

*Mandatory charge per rateable premises excluding vacant land.

** Weekly landfill bin collection services are only available subject to assessment of medical need.

*** Rural compost service is optional and only supplied where available.

****Charge applied to vacant land where waste collection service is available.

*Mandatory charge per rateable premises excluding vacant land.

4.    Water supply services:

·    Make an Annual Charge for Water Usage and Water Availability, in accordance with Section 501 and Section 502, comprising a Water Usage Charge of $2.96 per kilolitre for all water supplied by Council within or outside of its area based on water meter size:

·    To make an Access Charge of $222.50 for all properties that are unconnected and able to be connected to the water supply of Bega Valley Shire Council.

·    That subject to annual certification by a medical practitioner Council provide a four monthly allowance of seventy (70) kilolitres per patient in the case of all registered patients using home dialysis machines or other certified medical treatments free of charge, beyond this allowance all water usage is to be charged at the rate $2.96 per kilolitre.

5.    Sewerage local fund:

Pursuant to Section 501 of the LG Act Council hereby resolves:

·    to make a flat sewerage service charge of $1,173.00 for all residential and farmland properties except as outlined below, connected to the Council's sewerage service network and categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act;

·    to make flat charge per parcel of rateable land on which one or more residential non-strata units are situated calculated on the basis of $1,173.00 for each residential non-strata unit on the parcel;

·    to make a flat sewerage service charge of $1,173.00 for each residential dwelling on a multi-dwelling lot connected to the Council's sewerage service network categorised as residential in accordance with Section 516 of the LG Act and;

·    to make a flat sewerage service charge $586.70 for all properties categorised as residential or farmland in accordance with Sections 515 and 516 of the LG Act that are not connected and able to connect to the Council's sewerage service network and;

·    to make a sewer usage charge for all properties categorised as business and mining in accordance with Sections 517 and 518 of the LG Act, calculated on the total water usage (by measure) multiplied by the sewerage discharge factor (according to the following schedule) multiplied $4.45 per kilolitre and;

·    to make a sewer access charge for all properties (including strata and non-strata developments) categorised as business and mining in accordance with Sections 517 and 518 of the LG Act, calculated on the combination of a flat charge of $1,173.00 multiplied by the volume factor as noted in the table below, multiplied by the discharge factor as noted in the table below and;

·    to make a flat sewerage service charge $586.70 for all properties categorised as business or mining in accordance with Sections 517 and 518 of the LG Act that are not connected and able to connect to the Council's sewerage service network and;

·    Council notes that the discharge bands have been determined by the NSW Office of Water in its Best Practice Guidelines. The following table outlines these discharge factors and will be applied to the sewer usage charge and sewer availability charge. Council reserves the right to apply any discharge factor between 0%-100% with consultation with a business owner if necessary to accurately reflect an individual business.

Volume Factor – Sewer

Liquid Trade Waste

Pursuant to Section 501 of the LG Act Council hereby resolves:

·    to make a Liquid Trade Waste usage charge of one dollar ($1.30) per kilolitre of water consumption multiplied by the discharge factors as tabled below.

6.    High Consumption Charge:

Pursuant to Section 64 of the LG Act Council hereby resolves:

·    to make a high consumption charge (non-residential) that applies to eligible non-residential properties.

Eligible non-residential properties have an option of maintaining their existing Equivalent Tenement (ET) entitlement and paying the High Consumption Charges in lieu of paying Section 64 Developer Contributions. The non-residential High Consumption Charge is calculated annually by amortizing the Section 64 Developer Charges for water and sewer (presently $8,615 and $12,061per ET respectively) over 30 years with a discount rate equal to the 30 year Treasury bond rate (currently 3% variable) and then divided by 205kL/y for water and 190kL/y for sewer. The figure of 205kL/y is the average annual water consumption per household (1 ET), and the 190kL/y is the average annual contribution to the sewerage system per household (1 ET).

7.    Pension Claim:

In accordance with Section 575 of the LG Act, Council acknowledges that it must apply the following Pension concession’s to eligible properties, being owned and used as principle places of residence by eligible pension holders.

General Rates and Domestic Waste Services: $250.00

Water Supply Fund: $87.50

Sewerage Supply Fund: $87.50

8.    Interest on Overdue Rates and Charges:

Council hereby resolves that in accordance with the provisions of Section 566(3) of the LG Act the interest rate to apply to all outstanding rates and charges for the period 1 July 2018 to 30 June 2019 be calculated at 7.5% per annum being the maximum interest rate allowable under the provisions of the LG Act.

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

Against:                  Crs Fitzpatrick and Bain

12.1

RFT 31/18 - Supply and Install Dam Liner System at Merimbula Waste Depot

RESOLVED on the motion of Crs Dodds and Seckold

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 Seckold

1.    That Council accept the tender from Eco Line Solutions Pty Ltd for the works detailed in RFT 31/18 Supply and Install Geosynthetic Dam Liner System at Merimbula Waste and Recycling Depot, in the amount of $446,854.74 (including GST).

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

15.

Adoption of reports from Standing Committees

There were no reports to standing committees

18.1

Plastics

61/18

RESOLVED on the motion of Crs Griff and Tapscott

Notice of Motion

That Council’s waste management strategy, currently under development, provide a clear plan for phasing out the use of single use plastics at Council venues and events with the phase out to commence this year.

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

Against:                  Nil 

18.2

Building suitable for youth refuge

A motion was moved by Crs Griff and Seckold

1.   That Council staff bring forward a report to Council outlining properties that could be identified as part of Council’s divestment strategy that have the potential to be converted to a youth refuge.

2.   That Council delay the public affordable housing roundtable meeting to a date following the report on Council’s divestment strategy.

It was put to the vote and CARRIED.

A motion was foreshadowed by Cr Nadin

1.   That Council staff bring forward a report to Council outlining properties that could be identified as part of Council’s divestment strategy that have the potential to be converted to a youth refuge.

2.   That Council delay the public affordable housing roundtable meeting to a date following the report on Council’s divestment strategy.

3.    That Council workshop the development of a policy position on affordable and social housing.

62/18

RESOLVED on the motion of Crs Griff and Seckold

Notice of Motion

1.   That Council staff bring forward a report to Council outlining properties that could be identified as part of Council’s divestment strategy that have the potential to be converted to a youth refuge.

2.   That Council delay the public affordable housing roundtable meeting to a date following the report on Council’s divestment strategy.

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

Against:                  Crs Bain, Nadin and Allen

19.1

Cr Nadin question regarding road works at Merimbula bridge.

The report published in the Agenda for the meeting of 27 June 2018 was noted.

20.1

Bega Valley Private Hospital

Cr Nadin: Yesterday our local newspaper published accusations about the member for Bega regarding the closure of the private - not public - hospital in Bega. 

Councillor Fitzpatrick, as you're a board member of the Southern Area Local Health District, can you please set the record straight about the process surrounding this closure and what the likely outcome will be in your opinion.

Cr Fitzpatrick noted that:

·         The Bega Valley Private Hospital has no relation to the South East Regional Hospital.

·         The Bega Valley Private Hospital only undertakes day surgery.

·         The Local Health District has operated a pop up shop at the Bega Valley Private Hospital offering its staff the opportunity to register for work at the South East Regional Hospital.

·         More work is being done to try and accommodate booked surgery from the Bega Valley Private Hospital at the South East Regional Hospital.

·         The CEO of the Southern NSW Local Health District, Mr Andrew Newton and the Health Services Union Secretary Mr Gerard Hayes are to be commended on their proactive work on this unfortunate situation.