Ordinary Meeting Minutes

Held on Wednesday 8 August 2018

At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre 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

Acting General Manager, Mr Anthony Basford

Director, Assets and Operations, Mr Anthony McMahon

Director, Business and Governance, Mr Graham Stubbs

Acting Director,  Community, Environment and Planning, Ms Kristina Brenner

Executive Manager People and Governance, Ms Nina Churchward

Coordinator Communications and Events

Minute Secretary

 

Statement of Commencement of Live Streaming

The Mayor made an announcement about live streaming requirements.

Acknowledgement of Traditional Custodians of Bega Valley Shire

The Mayor commenced 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, to show respect to elders past and present.

Mayoral Announcement

The Mayor made an announcement regarding fundraiser for drought afflicted areas, including the Bega Valley.  She noted the local wishing well funding raising to be run at local markets and encouraged all to support these causes.

1.

Apologies

 

There were no apologies.

 

2.

Confirmation of Minutes

70/18

RESOLVED on the motion of Crs Dodds and Seckold

That the Minutes of the Ordinary Meeting held on 27 June 2018 as circulated, be taken as read and confirmed.

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

Against:                  Nil

 

 

3.          Declarations

          Non-pecuniary interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 10.4 Council Owned Property options to suit youth refuge accommodation, on the basis that he is a member of a Church group looking at establishing a similar facility.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting Cr Fitzpatrick will remain in the meeting room and take part in debate or voting.

Cr Seckold declared a non-pecuniary interest regarding Item 12.1. Bega Valley Local Traffic Committee on the basis she is the Chair of Bega Tathra Safe ride.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register, noting  Cr Seckold would depart the meeting room, taking no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

4.1

Deputations - requests to address the Council

 

The Mayor advised a formal request had been received from Eden’s Australasia Inc, with two verbal requests received following closure of the process being from Mr David Jesson and from Mr David Dixon, Mr Ellen Mundy and Ms Debbie Mundy.

71/18

RESOLVED on the motion of Crs Allen and Dodds

That the following persons be granted permission to address the Council regarding

S.1.  Sale of 142-144 Imlay Street, Eden (former Hotel Australasia) 

·         Ms Toni Ward to make the address and Mr Peter Whiter to respond to any questions from Councillors.   The applicants will be speaking on behalf of the Eden’s Australia Inc (authority to be supplied.

·         Mr David Jesson

10.3   Opportunity to join Federal Court Proceedings - South Coast People Native Title Claim

·         Mr David Dixon, Mr Ellen Mundy and Ms Debbie Mundy

 

Ms Toni Ward addressed the Council and Mr Peter Whiter responded to questions from Councillors.

The Mayor thanked Ms Ward and Ms Whiter for their address

 

Mr David Dixon, Mr Ellen Mundy and Ms Debbie Mundy addressed the Council and responded to questions from Councillors.

RESOLVED unanimously on the motion of Crs Tapscott and Seckold

That an extension of 2 minutes be granted to allow Ms Mundy to continue her address.

The Mayor thanked Mr David Dixon, Mr Ellen Mundy and Ms Debbie Mundy for their address.

 

Mr Jesson addressed the Council and responded to questions from Councillors.

The Mayor thanked Mr Jesson for his address.

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

 

There were no reports to Standing Committees

 

 

Suspension of Standing Orders

72/18

RESOLVED unanimously on the motion of Crs Fitzpatrick and Bain

That Standing Orders be suspended to allow Economic Development and Business Growth Supplementary Item S1 Sale of 142-144 Imlay Street, Eden (former Hotel Australasia) to be heard prior to Item 9.

 

11.1.     Staff Reports – Economic Development and Business Growth

11.1

S.1:  Sale of 142-144 Imlay Street, Eden (former Hotel Australasia)

 

Cr Fitzpatrick asked for and amendment to the staff recommendation point two to read that Council engage the three locally based Eden Real Estate Agents

 

A motion was moved by Crs Bain and Fitzpatrick

1.      That Council accept email correspondence from Irisha Pty Ltd and Rubycove Pty Ltd legal representatives, outlining they will not be proceeding with the purchase of the Australasia (142-144 Imlay Street, Eden).

2.       That Council officers engage the three locally based Real Estate Agents in Eden to provide a detailed marketing plan to Council including costings, related to commissions and expected expenses, and report back to Council at the earliest practical Ordinary Meeting of Council

 

Cr Tapscott moved a foreshadowed motion:

1.      That Council accept email correspondence from Irisha Pty Ltd and Rubycove Pty Ltd legal representatives, outlining they will not be proceeding with the purchase of the Australasia (142-144 Imlay Street, Eden).

2.       That Council keeps the hotel Australasia in its ownership and develops as strategy for Eden which includes keeping the building for the benefit of the community and develop a business plan that may include a long term tenant for the building.

3.       That Council actively seek grant funding for the refurbishment of the façade and re-engage with the community groups who have indicated their interest to assist in the project, including Eden’s Australasia Inc.

4        That Council release to the community details on the amount of funds already spent on this matter.

 

Cr Nadin requested and amendment to the motion to add point three:

1.    That Council accept email correspondence from Irisha Pty Ltd and Rubycove Pty Ltd legal representatives, outlining they will not be proceeding with the purchase of the Australasia (142-144 Imlay Street, Eden).

2.    That Council officers engage the three locally based Real Estate Agents in Eden to provide a detailed marketing plan to Council including costings, related to commissions and expected expenses, and report back to Council at the earliest practical Ordinary Meeting of Council.

3.    That Council release to the community details on the amount of funds already spent on this matter.

The amendment was accepted by Crs Bain and Fitzpatrick

 

Cr McBain requested a further amendment to the motion that

 

4.   That Council further workshop the potential uses, the sale, the long term plan for Eden CBD and the Hotel Australasia prior to the next report to Council inviting members of Eden’s Australasia Inc

Cr Bain did not accept Cr McBain’s amendment.

 

The amended motion was put to the vote and it was CARRIED.

73/18

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.    That Council accept email correspondence from Irisha Pty Ltd and Rubycove Pty Ltd legal representatives, outlining they will not be proceeding with the purchase of the Australasia (142-144 Imlay Street, Eden).

2.    That Council officers engage the three locally based Real Estate Agents in Eden to provide a detailed marketing plan to Council including costings, related to commissions and expected expenses, and report back to Council at the earliest practical Ordinary Meeting of Council.

3.    That Council release to the community details on the amount of funds already spent on this matter.

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

Against:                  Crs Griff, Seckold, Tapscott and Dodds

 

9.          Staff Reports – Planning and Environment

9.1

Proposed Establishment - Alcohol Free Zone Bega Commercial Centre

 

A motion was moved by Crs Allen Seckold

That Council establish an Alcohol Free Zone (AFZ) within the Bega Central Business District covering the following areas:

·    Carp Street; between Peden Street to the West and Canning Street to the East;

·    Gipps Street; between Bega Street and Zingel Place;

·    Auckland Street; between Bega Street and Upper Street;

·    Church Street and Ayres Place; and

·    Littleton Gardens.

Cr Dodds foreshadowed a motion

That the matter be deferred to receive further information from the NSW Police.

The motion was put to the vote and it was CARRIED

74/18

RESOLVED on the motion of Crs Allen and Seckold

That Council establish an Alcohol Free Zone (AFZ) within the Bega Central Business District covering the following areas:

·    Carp Street; between Peden Street to the West and Canning Street to the East;

·    Gipps Street; between Bega Street and Zingel Place;

·    Auckland Street; between Bega Street and Upper Street;

·    Church Street and Ayres Place; and

·    Littleton Gardens.

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

Against:                   Crs Griff, Tapscott and Dodds

 

9.2

Proposed application to re-establish Alcohol Free Zone Merimbula Central Busines District

75/18

RESOLVED on the motion of Crs Nadin and Tapscott

That Council re-establish an Alcohol Free Zone within the Merimbula Central Business District in the following areas:

·    Main Street and Merimbula Drive from Sapphire Coast Drive;

·    Park Street;

·    Kyeamba Street;

·    Wonga Street;

·    Monaro Street from Kyeamba Street east;

·    Market Street to the bridge;

·    Beach Street to Alice Street;

·    Alice Street; and

·    Cabarita Place.

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

Against:                  Cr Dodds

 

9.3

Proposed temporary helipad 

 

Non-Pecuniary Interest

Cr Dodds declared a non-pecuniary interest on the basis she lives next door to the property identified in the application. A signed declaration form was tabled by Cr Dodds for inclusion in the Register.   Cr Dodds departed the meeting room, taking no part in debate or voting on this item.

76/18

RESOLVED on the motion of Crs Allen and Tapscott

That Council note the withdrawal of the Development Application.

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

Against:                  Nil

Absent:                    Cr Dodds

                   Cr Dodds returned to the meeting room.

 

9.4

Biosecurity/Weed Management Plan Public Exhibition Summary of Submissions

77/18

RESOLVED on the motion of Crs Dodds and Seckold

That Council adopt the principles and priorities identified within the South East Strategic Weed Management Plan and further prioritises actions through 8 local management programs within the Bega Valley Shire Local Weed Management Program.

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

Against:                  Crs Bain, Griff and Allen

 

10.        Staff Reports – Community, Culture and Leisure

10.1

Proposed divestment of land to Quaama Men's Shed Incorporated

 

A motion was moved by Crs Bain and Nadin

1.    That the report be noted.

2.    That Council approve the divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to Quaama Men’s Shed Incorporated for the nominal sum of $1.00.

3.    That the General Manager and the Mayor be authorised to execute the necessary documentation to effect the above course of action.

4.    That all legal costs associated with this transaction be borne by Quaama Men’s Shed Incorporated.

5.    That Quaama Men’s Shed Incorporated be advised of Council’s decision.

Cr Fitzpatrick suggested and amend that at prior to point three the following clause be added

 

That the General Manager arrange a suitable clause either in the constitution of the Men’s Shed Quaama or in the Contract for Sale, that should the Men’s Shed Quaama dissolve and fold, that the property be returned to Council ownership.

The amendment was accepted by the mover and seconder.

The amended motion was put to the vote and it was CARRIED/LOST

78/18

RESOLVED on the motion of Crs Bain and Nadin

1.    That the report be noted.

2.    That Council approve the divestment of Lot 10 Section 10 DP 758860 at 20 Bermaguee Street, Quaama to Quaama Men’s Shed Incorporated for the nominal sum of $1.00.

3.   That the General Manager arrange a suitable clause either in the constitution of the Men’s Shed Quaama or in the Contract for Sale, that should the Men’s Shed Quaama dissolve and fold, that the property be returned to Council ownership.

4.    That the General Manager and the Mayor be authorised to execute the necessary documentation to effect the above course of action.

5.    That all legal costs associated with this transaction be borne by Quaama Men’s Shed Incorporated.

6.    That Quaama Men’s Shed Incorporated be advised of Council’s decision.

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

Against:                  Nil

 

10.2

Twyford Hall Incorporated Request to have Financial Support Withdrawn

79/18

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That Council note the Theatre Twyford Incorporated's withdrawal of their request for financial support.

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

Against:                  Nil

 

10.3

Opportunity to join Federal Court Proceedings - South Coast People Native Title Claim

 

The Mayor asked were any matters raised in the deputation to Council that required a further report to Council

The Acting General Manager advised in his opinion no further report to Council was required.

RESOLVED unanimously on the motion Cr Dodd and Fitzpatrick

That the matter be heard today

 

Cr Griff moved an amendment to the staff recommendation that a point be added.

That Council seek input from local Aboriginal representatives to hear concerns and issues relate to the Native Title Claim

 

Cr Fitzpatrick moved a further amendment to the staff recommendation that:

That Council form a committee of the General Manager, Mayor and any Councillors with Indigenous representation from the Local Land Councils and Indigenous Elders

Cr Griff withdrew her proposed amendment.

 

A motion was moved by Cr Fitzpatrick and Dodds

1.    That the report be noted.

2.    That Council make an application to become a party to Federal Court Application No NSD1331/2017 for a determination of Native Title lodged by the South Coast People; and

3.    That Council authorise the General Manager to sign any documentation necessary to give effect to the Resolution.

4.   That Council form a committee of the GM Mayor and any Councillors with Indigenous representation from the Local Land Councils and Indigenous Elders

 

Cr Nadin moved an amendment

That funds be put aside in future budgets to cover the anticipated costs of the claim.

Cr Fitzpatrick advised he would not accept the amendment.

 

The motion was put to the vote and it was CARRIED

80/18

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.    That the report be noted.

2.    That Council make an application to become a party to Federal Court Application No NSD1331/2017 for a determination of Native Title lodged by the South Coast People; and

3.    That Council authorise the General Manager to sign any documentation necessary to give effect to the Resolution.

4.   That Council form a committee of the GM Mayor and any Councillors with Indigenous representation from the Local Land Councils and Indigenous Elders

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

Against:                  Nil

 

10.4

Council Owned Property options to suit youth refuge accommodation

 

A motion was moved by Cr Griff and seconded by Cr Dodds:

1.    That the report be noted.

2.    That Council invite interested and capable social housing service providers to establish a partnership proposal which aims to establish a suitable property to function as youth refuge accommodation, including consideration of the following

a.  The Old CBC Building; Lot 2 DP 782452; Auckland Street, Bega.

b. The Tura Marrang Library Residence Building; Lot 158 DP 11440729; Corner Tura Beach Drive and Golf Circuit, Tura Beach.

3.    That Council also offer land parcels suitable for youth refuge development as project proposals. These land parcel offerings could potentially include one or more of the following;

a.  Pambula Beach Drainage Reserve; Lot 60 DP 224960; 71 Culgoa Crescent, Pambula Beach (approximate value $300 - $400k).

b. Pambula Beach Drainage Reserve; Lot 67 DP 224950; 60 Pambula Beach Road, Pambula Beach (approximate value $300 - $400k).

c.  Glen Mia Estate; Lot 314 DP1078628; 28 Howard Avenue, Bega (approximate value $100 - $120k).

d. Taronga Crescent, Bega; Lot 13 DP 813625; Taronga Crescent, Bega (approximate value in excess of $800k).

4.    That Council’s terms for evaluating the business case of any future youth refuge accommodation proposal is based on the goal of yielding both economic and social benefits for the community.

Cr Nadin moved a foreshadowed motion

1.    That the report be noted.

2.   That Council work with local Youth Homeless Services to advocate to our local State and Federal Members of Parliament and the relevant Ministers for the establishment of a Youth Refuge in the Bega Valley Shire.

 

Cr Tapscott suggested an amendment to the motion, being a dot point five:

5.   That Council encourage any groups interested in establishing a Youth Refuge in the Bega Valley Shire to engage with our local members to secure this outcome

The amendment was accepted by the mover and seconder.

 

Cr Griff proposed an amendment to her motion

2.    That Council continue to seek explore appropriate properties and partnerships as a Youth Refuges

The Mayor ruled that the amendment was not valid.

 

Cr Griff proposed an amendment to point three of her motion

3.    That Council also suggest land parcels suitable for youth refuge development as project proposals. These land parcel offerings could potentially include one or more of the following

 

The amended motion of Crs Griff and Dodds:

1.    That the report be noted.

2.    That Council invite interested and capable social housing service providers to establish a partnership proposal which aims to establish a suitable property to function as youth refuge accommodation, including consideration of the following

a.  The Old CBC Building; Lot 2 DP 782452; Auckland Street, Bega.

b. The Tura Marrang Library Residence Building; Lot 158 DP 11440729; Corner Tura Beach Drive and Golf Circuit, Tura Beach.

3.    That Council also offer land parcels suitable for youth refuge development as project proposals. These land parcel offerings could potentially include one or more of the following;

a.  Pambula Beach Drainage Reserve; Lot 60 DP 224960; 71 Culgoa Crescent, Pambula Beach (approximate value $300 - $400k).

b. Pambula Beach Drainage Reserve; Lot 67 DP 224950; 60 Pambula Beach Road, Pambula Beach (approximate value $300 - $400k).

c.  Glen Mia Estate; Lot 314 DP1078628; 28 Howard Avenue, Bega (approximate value $100 - $120k).

d. Taronga Crescent, Bega; Lot 13 DP 813625; Taronga Crescent, Bega (approximate value in excess of $800k).

4.    That Council’s terms for evaluating the business case of any future youth refuge accommodation proposal is based on the goal of yielding both economic and social benefits for the community.

5.   That Council encourage any groups interested in establishing a Youth Refuge in the Bega Valley Shire to engage with our local members to secure this outcome.

was put to the vote and it was LOST

In favour:             Crs Griff, Seckold, Tapscott and Dodds

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

The foreshadowed motion of Cr Nadin was seconded by Cr Bain

1.    That the report be noted.

2.   That Council work with local Youth Homeless Services to advocate to our local State and Federal Members of Parliament and the relevant Ministers for the establishment of a Youth Refuge in the Bega Valley Shire.

Cr Griff asked for an amendment to the motion

That Council continue to seek suitable properties for a Youth Refuge

The Mayor and Cr Nadin suggested the amendment could be along the lines that Council is open to partnerships with suitable service providers to establish a Youth Refuge.  Cr Griff advised her amendment stood.

Cr Nadin did not accept the amendment from Cr Griff.

The motion was put to the vote and it was CARRIED

81/18

RESOLVED on the motion of Crs Nadin and Bain

1.    That the report be noted.

2.   That Council work with local Youth Homeless Services to advocate to our local State and Federal Members of Parliament and the relevant Ministers for the establishment of a Youth Refuge in the Bega Valley Shire.

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

Against:                  Cr Fitzpatrick

 

11.        Staff Reports – Infrastructure Waste and Water

4.38 pm             Mr Basford left the meeting room

4.38 pm             Cr Griff left the meeting room

 

12.1

Bega Valley Local Traffic Committee

 

Non-Pecuniary Interest

Cr Seckold declared a non-pecuniary interest regarding Item 12.1. Bega Valley Local Traffic Committee on the basis she is the Chair of Bega Tathra Safe ride. 

4.38 pm Cr Seckold departed the meeting room.

82/18

RESOLVED on the motion of Crs Dodds and Bain

That Council adopt the following recommendations of the Local Traffic Committee:

186.SE.038      - Ride4Tathra - 30 September 2018

Recommendation

1.    That, subject to conditions, sections of the Bega-Tathra Road be temporarily closed between 9am to 11am (rolling closures) on Sunday, 30 September 2018 for the Ride4Tathra event.

2.    That organizers of the Ride4Tathra engage a specialist traffic event consultant to prepare a comprehensive Traffic Management Plan encompassing all the required short term closures for access driveways and side roads onto Bega-Tathra Road.

3.    That the proposed traffic arrangements for the Tathra-Bega Community Ride on 30 September 2018 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.

4.    That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate Roads and Maritime Service (RMS) accreditation.

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

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

186.RS.041 – Merimbula Drive & Monaro Street Intersection Layout

Recommendation

1.    Council approve the new signage plan for the intersection of Merimbula Drive and Monaro Street to include a “Keep Left” and “No Entry Signs”.

186.AP.042 – Accessible Car Park - Bega River Reserve

Recommendation

1.    Council approve the installation of an accessible car space at the Bega River Reserve car park.

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

Against:                  Nil

Absent:                    Crs Griff and Seckold

                      4.39 pm             Cr Seckold returned to the meeting room.

                      4.40 pm             Mr Basford returned to the meeting room.

 

12.2

Bega Valley Local Traffic Committee

 

 

83/18

RESOLVED on the motion of Crs Allen and Bain

That Council adopt the following recommendations of the Local Traffic Committee:

187.SE.044 - ReBoot in Bermagui – 29-30 Sept 2018

1.    That the proposed traffic arrangements for the ReBoot in Bermagui fun run on 29 September 2018, 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.

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

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

4.    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.

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

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

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

Against:                  Nil

Absent:                    Cr Griff

 

12.3

Community Project Proposals

 

4.41 pm                Cr Griff returned to the meeting room.

The staff recommendation was moved by Crs Allen and Nadin

The Director Assets and Operations proposed to amendments to the staff recommendation, which was accepted by the mover and seconder.

84/18

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council note the report and attached Community Project Proposal summary.

2.    That the proposal for Canteen Improvements, George Griffin Memorial Oval is supported by Council with final project details to be approved by Council officers.

3.    That the proposal for Multi-purpose Sports Posts at Colombo Park, approved by Council officers is noted by Council. 

4.    That the proposal relating to Dickinson Oval Cricket Nets is supported by Bega Valley Shire Council (BVSC) and that the Bega valley Shire Council contribution of $3,500 is through planned maintenance with Council officers to develop appropriate project delivery conditions.

5.    That the proposal relating to Bermagui Skate Park Seating and Shelter is supported by BVSC and that up to $6000 as requested, as the BVSC contribution is allocated from the Parkland AMP renewals if required.

6.    That the proposal for the Merimbula Basketball/ Netball Courts and Clubhouse Upgrade is given in principle support to enable the applicant to progress with more detailed planning approvals and external funding applications with the BVSC contribution requested of $10,000 be funded from sports facility asset renewals.

7.    That the proposal for Safety Lighting on the Tathra Walking Track is given in principle support by Council to enable the applicant to progress with more detailed planning approvals and external funding applications.

8.    That the proposal for a Marcus Shaw Memorial Seat at Dickinson Oval is supported by Council with final project details to be approved by Council officers.

9.    That the proposal for Cobargo Baskets and Bikes is given in principle support by Council to enable the applicant to progress with more detailed planning and external funding applications. 

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

Against:                  Nil

 

Suspension Of Standing Orders

RESOLVED on the motion of Crs Dodds and Seckold

That a brief adjournment be called

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

Against:                  Cr Tapscott

 

4.53 pm           The Mayor reconvened the meeting, Cr Nadin and Dodds had not returned to the meeting room

12.        Staff Reports – Governance and Strategy

13.1

Canberra Region Joint Organisation establishment

 

4.55 pm        Cr Dodds returned to the meeting room

4.56 pm        Cr Nadin returned to the meeting room.

85/18

RESOLVED on the motion of Crs Dodds and Seckold

1.    That Council note the report.

2.    That Councillors provide feedback to the Mayor on the Canberra Region Joint Organisation Charter; the Code of Meeting Practice; and the Policy –Payment of Expenses and Provision of Facilities for circulation to the Joint Organisation for consideration.

3.    That Council note the December meeting of the Canberra Region Joint Organisation will be held in Bega.

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

Against:                  Nil

 

13.2

Local Government NSW Annual Conference 2018

 

RESOLVED on the motion of Crs McBain and Nadin

That each point from the staff recommendation be dealt with separately.

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

Against:                  Nil

 

A motion was moved by Crs Allen and Fitzpatrick

That Council endorse the Mayor and the General Manager to attend the Local Government NSW (LGNSW) conference to be held from 21-23 October 2018, with the necessary travel and accommodation costs to be defrayed by Council.

A motion was foreshadowed by Cr Dodds

That the General Manager and  minimum of three Councillors ( one being the Mayor) attend, to the Local Government’s NSW (LGNSW) conference to be held from 21-23 October 2018, with the necessary travel and accommodation costs to be defrayed by Council.

Cr Bain suggested an amendment to the motion being an additional point:

That any savings from the Councillor allocated budget, from sending only two representatives, be allocated for further distribution in in the Quarterly Budget Review.

The amendment was accepted by Crs Allen and Fitzpatrick

The amended motion

1.       That Council endorse, the Mayor and the General Manager to attend the Local Government’s NSW (LGNSW) conference to be held from 21-23 October 2018, with the necessary travel and accommodation costs to be defrayed by Council.

2.    That any savings from the Councillor allocated budget, from sending only two representatives, be allocated for further distribution in in the Quarterly Budget Review.

was put to the vote and it was LOST

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, McBain, Seckold, Tapscott and Dodds

RESOLVED on the motion of Cr Dodds and Tapscott

That the General Manager and minimum of three Councillors ( one being the Mayor) attend, to the Local Government’s NSW (LGNSW) conference to be held from 21-23 October 2018, with the necessary travel and accommodation costs to be defrayed by Council.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

A motion was moved by Cr Allen and Bain

That Crs Fitzpatrick, Nadin the Mayor and the General Manager attend the Local Government’s NSW (LGNSW) conference to be held from 21-23 October 2018, with the necessary travel and accommodation costs to be defrayed by Council.

Cr Tapscott suggested Cr Griff attend the conference. 

Cr Fitzpatrick and Nadin accepted the nomination to attend.

Crs Dodds suggested an amendment that Cr Griff and Cr Dodds also attend the conference paying their own accommodation and travel costs.

The amendment was rejected by the mover and seconder

Cr Dodds foreshadowed a motion.

That Councillors who wish to attend, whether paying their own travel and accommodation or not be assisted to attend by payment of their registration costs.

A point of order was called by Cr Dodds regarding wording by Cr Bain

The Mayor asked Cr Bain to amend her words.

A point of order was called by Cr Fitzpatrick regarding wording by Cr Tapscott

The Mayor ruled on the point of order asking Cr Tapscott to amend her wording,

The motion moved by Cr Allen and Bain

That Crs Fitzpatrick, Nadin the Mayor and the General Manager attend the Local Government’s NSW (LGNSW) conference to be held from 21-23 October 2018, with the necessary travel and accommodation costs to be defrayed by Council.

Was put the vote and LOST

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, McBain, Seckold, Tapscott and Dodds

A motion was moved by Cr Dodds and Griff

1.          That Crs Fitzpatrick, Nadin the Mayor , as voting delegates, and the General Manager attend the Local Government’s NSW (LGNSW) conference to be held from 21-23 October 2018, with the necessary travel and accommodation costs to be defrayed by Council.

2.          That Councillors who wish to attend, whether paying their own travel and accommodation or not be assisted to attend by payment of their registration costs only, being Cr Dodds and Griff

Cr Nadin requested an amendment

3.          That if more than three Councillors are attending, Cr Nadin will withdraw his name from the attendance.

The amendment was accepted by the mover and seconder.

Cr Dodd nominated Cr Griff as the voting delegate if Cr Nadin does not attend.  Cr Griff accepted the nomination.

The amended motion of Crs Dodds and Griff was put to the vote and it was CARRIED

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RESOLVED on the motion of Crs Dodds and Griff

1.       That Crs Fitzpatrick, Nadin the Mayor , as voting delegates, and the General Manager attend the Local Government’s NSW (LGNSW) conference to be held from 21-23 October 2018, with the necessary travel and accommodation costs to be defrayed by Council.

2.       That Councillors who wish to attend, whether paying their own travel and accommodation or not be assisted to attend by payment of their registration costs only, being Cr Dodds and Griff.

3.       That if more than three Councillors are attending, Cr Nadin will withdraw his name from the attendance and that Cr Griff be the third voting delegate.

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

Against:                  Crs Bain, Nadin and Allen

 

RESOLVED unanimously on the motion of Crs Nadin and Bain

That each motion in point two be deal with separately.

 

Cr McBain withdrew her motion regarding Audit fees and role of the NSW Audit Office.

 

Cr McBain proposed changes to her motion that appeared in the report to Council

RESOLVED on the motion of Crs McBain and Griff

That Cr McBain’s motion as outlined below be endorsed:

Indicative category of the motion:

Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

Motion Title

Councillor and Mayoral remuneration

Motion Wording

1.     Amend sections 241 and 242A of the Local Government Act 1993 to:

(a)     Require the Local Government Remuneration Tribunal, by not later than 1 May in each year, to determine, in each of the categories determined under section 239, the amounts of fees to be paid during the following year to councillors (other than mayors), deputy mayors and mayors; and

(b)     Remove the requirement for the Local Government Remuneration Tribunal to determine “maximum and minimum” amounts of fees, so that councils are no longer required to determine the annual remuneration to be paid to councillors (other than mayors) and mayors; an

(c)     Take into account each Council’s financials, performance and other applicable catergories.

2.     Repeal section 242A of the Local Government Act 1993, so that the Local Government Remuneration Tribunal is able to determine fair and reasonable fees for councillors, deputy mayors and mayors, un-feted by the Public Sector Wages Policy.”

Background note:

NSW Councils are required to consider recommendations by the Local Government Remuneration Tribunal and determine the fees paid annually. This is not the process used by the State and Federal Governments. The system should be amended so that this independent body sets these allowances for each Council.

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

Against:                  Crs Fitzpatrick and Allen

 

Cr McBain withdrew her motion regarding Grants Commission:  consideration of the allocation of the Financial Assistance Grant.

 

RESOLVED on the motion of Crs McBain and Nadin

That Cr McBain’s motion as outlined below be endorsed:

Indicative category of the motion:

Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

Motion Title

Improving the Office of Local Government and Crown Lands resourcing levels.

Motion Wording

That LGNSW urgently request the Minister for Local Government, Minister for Planning and the Minister for Lands to increase staffing levels to support Councils deliver required services.

Background note:

Over the past number of years the hard working staff of these departments have faced significant challenges with change projects and significant legislation requiring delivery by the local government sector. The Audit Office of NWS released their report on Council reporting on service delivery in February 2018. There were 4 main recommendations for the Office of Local Government to action by mid 2018. All were extremely valuable and a number are items the sector has been waiting for over many years. To date there has been no release of any of the updates on the progress of these matters. The Biodiversity Legislation implementation and Crown Lands Management Act bring with them significant changes to how local government operate and confusion and concern to landowners and others and other lands matters are held up sometimes for months. Local government needs to have support to streamline its service delivery to the community. Resourcing of these key departments is seriously impacting our capacity to deliver in a timely and appropriate way.

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

Against:                  Crs Fitzpatrick and Allen

 

Cr McBain proposed changes to her motion that appeared in the report to Council.

RESOLVED on the motion of Crs McBain and Nadin

That Cr McBain’s motion as outlined below be endorsed:

Indicative category of the motion:

Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

Motion Title

Continuation of the Stronger Country Communities Fund

Motion Wording

That LGNSW request the Premier and Deputy Premier commit to the continuation of the very successful Stronger Country Communities Fund as an ongoing funding program with an equitable per capita funding calculation.

Background note:

 

The Stronger Country Communities Fund, which has formed part of the Regional Growth Fund, has now operated for two grant rounds. This program is extremely relevant to local councils providing support through community infrastructure to local communities. This program allows country councils to deliver critical small scale infrastructure with and for the community and is delivering real and extremely successful projects in the country.

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

Against:                  Nil

 

RESOLVED on the motion of Crs McBain and Dodds

Indicative category of the motion:

Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

Motion Title

NSW State Election priorities

Motion Wording

That LGNSW develop a clear one page list of local government elections priorities to deliver to all parties for consideration and response prior to the State election in March 2019.

Background note:

 

The 2018 ALGA conference included a clear simple focus of priority items applicable to all members for presentation to all parties prior to the next Federal election.

These 12 priorities were presented in a powerful two page  statement which can be adapted and presented by local Councils to local candidates.

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

Against:                  Cr Nadin

 

Cr Bain proposed changes to her motion that appeared in the report to Council.

RESOLVED on the motion of Cr Bain and Nadin

That Cr Bain’s motion as outlined below be endorsed:

Indicative category of the motion:

Infrastructure and planning policy

Motion Title

Legislative change to allow Councils to recoup full legal costs associated with cases before the Land and Environment Court

Motion Wording

That LGNSW lobby the Minister for Planning to seek more resources to assist councils to quickly determine development applications and therefore reduce the numbers of deemed refusals.

Background note:

 

At present there are a number of cases Councils are required to attend to at the Land and Environment Court. There are also a number of instances where no legal costs can be claimed. In an increasingly litigant society, legal costs are increasing and this impacts Councils financially. The State’s current position should be amended to allow costs to be claimed

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

Against:                  Nil

 

Cr Dodds proposed changes to her motion that appeared in the report to Council.

RESOLVED on the motion of Crs Dodd and Griff

That Cr Dodd’s motion as outlined below be endorsed:

Indicative category of the motion:

 Industrial Relations

Motion Title

Extension of WHS protections to Councillors, and additions to Model Code of Conduct, to reduce bullying and harassment.

Motion Wording

1.  That LGNSW lobby the Minister for Local Government and Office of Local Government to:

a)      Fund the development and implementation of training for all councillors on their obligations under the work, health and safety legislation;

b)     Amend the Code of Conduct to expressly provide that a failure by a council official to comply with the work, health and safety legislation may constitute a breach of the Model Code of Conduct

2.    That LGNSW lobby the Treasurer, and Minister for Industrial Relation, to amend section 230 of the Work, Health and Safety Act 2011 to provide that an industrial organisation of employers and/or an employer may commence proceedings for breaches of the Work, Health and Safety Act 2011.

Background note:

 

As leaders in local communities Councillors must uphold the highest standards of behaviour, demonstrating the principles of respect, inclusion and fairness. Councillors hold a particular position in terms of supporting, perpetuating or improving the culture of a region or Shire and as such should lead the way to providing safer places for the community to work, play, be educated and be at home. As such, behaviours which are currently in much media and community focus, such as bullying and sexual harassment, should be met with force in councils, as they are met in workplaces.

The protections existing for staff of councils are not currently mandatorily included in local government’s model Code of Conduct. Thus Councillors are not explicitly protected or directed to procedures to resolve issues arising from bullying and harassment between councillors or between councillors and staff, including management. These protections should include: 1. The right to work in an environment safe from intimidation, threat, bullying and humiliation, 2. Harassment, in any form, is unacceptable behaviour and will not be tolerated under any circumstances. It includes bullying and discrimination, 3. The WHS Act 2011 and the Regulation 2011 require an employer to ensure the health, safety and welfare of their employees whilst at work. Stress associated with all forms of harassment is unacceptable and identified as an occupational hazard by SafeWork NSW. Failure to protect employees from such sources of stress would be a failure of duty of care under workplace laws, 4. Any reports of harassment will be investigated thoroughly and confidentially. Complainants and witnesses will not be victimised in any way.

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

Against:                  Crs Bain, Nadin and Allen

 

A motion was moved by Crs Griff and Dodds

That Cr Griff’s motion as outlined below be endorsed:

Indicative category of the motion:

Environmental Policy

Motion Title

Renewable Energy Targets

Motion Wording

That LGNSW advocates for robust renewal energy targets be adopted by Councils - along the lines of those established in the ACT.

Background note:

 

Multiple Australian Local Councils have developed successful projects and partnerships, demonstrating commitment to renewable energy technologies. It would support efforts by individuals and regions to have ambitious, overarching targets endorsed by LGNSW. While the Association would not be dictating specific levels it is feasible to promote a goal, similar to that achievable by the ACT’s 100% renewables by 2020.

The motion was put the the vote and it was LOST

In favour:             Crs Griff, Seckold, Tapscott and Dodds

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

 

Cr Griff proposed changes to her motion that appeared in the report to Council.

RESOLVED on the motion of Crs Grifff and Dodds

That Cr Griff’s motion as outlined below be endorsed:

Indicative category of the motion:

Environmental Policy

Motion Title

Phasing out Single Use Plastics

Motion Wording

That LGNSW phases out single use plastics (cutlery, cups & straws) at their events - and advocates for Councils to do the same at Council venues and events, commencing immediately

Background note

 

As of July 2018 every Australian state has legislated to ban the use of thin plastic bags except NSW. The billions of plastic bags entering our waterways and soils represent incomprehensibly high risks to sea and bird life as well as to human health. It is time NSW joins the rest of the country and the major retailers, which have acknowledged the problem and are taking action to reduce catastrophic levels of plastic waste.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

 

Cr Griff proposed changes to her motion that appeared in the report to Council.

RESOLVED on the motion of Crs Griff and Seckold

That Cr Griff’s motion as outlined below be endorsed:

Indicative category of the motion:

Infrastructure and Planning

Motion Title

Youth crisis accommodation

Motion Wording

That LGNSW lobbies the Departments of Health and Housing to establish a fund for youth crisis accommodation, prioritising local government areas currently lacking any appropriate facilities to alleviate this crisis.

Background note

 

The Premier has identified to the Local Health Districts that one of her priorities is the current crisis of youth homelessness. Many local government areas in rural and remote regions have no facilities to assist youth in crisis. Young people escaping domestic violence can find themselves placed alone in motels or caravans. Urgent action is needed to protect youth before they face the prospect of homelessness.

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

Against:                  Crs Bain and Nadin

 

RESOLVED on the motion of Crs McBain and Dodds

3.    That Council endorse the Goulburn Mulwaree Council motion to be presented at the LGNSW Annual Conference.

The motion is:

·          That Local Government NSW conference express its concerns to Local Government

Superannuation (LGS) at the continuous demand on all Councils for additional

contributions which often exceeds more than 1% of Councils general rate take beyond the normal percentage on superable salary for the Defined Benefit Plan (DPB).

·          That Local Government Superannuation be requested to undertake an independent

audit on the investment strategy to give confidence to stakeholders that the returns on superannuation funds are reasonable.

·          That Conference requests that Local Government Superannuation to cease the

additional contributions on the defined benefit plan as soon as the liabilities and the asset are balanced at 100%

·          That Local Government NSW be requested to ensure that the Directors appointed to the Local Government Superannuation Board of Directors are ‘skills based’ which relate to Finance, Superannuation investments and/or legal skills.

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

Against:                  Nil

 

13.        Staff Reports – Finance

14.1

Investment Report as at 30 June 2018

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RESOLVED on the motion of Crs Bain and Seckold

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

 

14.2

Aldi request for Section 94 Financial Offsets

 

Cr Fitzpatrick asked a question regarding a motion that the matter being deferred for a further report to Council following exchange of Contract of Sale on the property. Cr Nadin seconded the proposed motion.

Crs Dodds and McBain moved the officers recommendation.

1.    That the report be noted.

2.    That Council approve a reduction in the Section 94 contribution in the amount of $15,000 to recognise the voluntary public benefit contribution made in modifying plans to accommodate a pedestrian thoroughfare and the provision of a traffic management median strip on Main Street Merimbula.

Extension of Time

6.29 pm RESOLVED on the motion of Cr Nadin and Griff

That the meeting time be extended by a period of 45 minutes.

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

Against:                  Nil

 

An amendment was moved by Cr Bain

2.      That Council approve a reduction in the Section 94 contribution in the amount of $30,000 to recognise the voluntary public benefit contribution made in modifying plans to accommodate a pedestrian thoroughfare and the provision of a traffic management median strip on Main Street Merimbula.

The amendment was not accepted by Cr Dodds.

 

Cr Fitzpatrick foreshadowed a motion

1.    That the report be noted.

2.    That Council the Section 94 contributions stand.

The motion of Crs Dodds and McBain

1.    That the report be noted.

2.    That Council approve a reduction in the Section 94 contribution in the amount of $15,000 to recognise the voluntary public benefit contribution made in modifying plans to accommodate a pedestrian thoroughfare and the provision of a traffic management median strip on Main Street Merimbula.

Was put to the vote and it was LOST

In favour:             Crs McBain, Seckold, Tapscott and Dodds

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

The motion moved by Crs Fitzpatrick and Allen

1.    That the report be noted.

2.    That the Section 94 contributions of $76,203.27 stand.

Was put to the vote and it was CARRIED.

88/18

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That the report be noted.

2.    That the Section 94 contributions of $76,203.27 stand.

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

Against:                  Crs McBain and Tapscott

 

14.

Adoption of reports from Standing Committees

 

There were no reports to standing committees

15.      Councillor Reports

 

16.1

Country Mayors Association Meeting 1 June 2018

 

The report that appeared in the Council Meeting Agenda 8 August 2018 was noted.

 

 

16.2

The 2018 Australian Local Government Association National General Assembly.

 

The report that appeared in the Council Meeting Agenda 8 August 2018 was noted.

16.      Rescission/alteration Motions

                   There were no Rescission Motions.

17.      Notices of Motion

                   There were no Notices of Motions.

18.      Questions On Notice

                   There were no responses to Questions on Notice.

19.        Questions for the Next Meeting

19.1

Update on land, corner of Sapphire Coast Drive and Tura Beach Drive, Tura Beach

 

Cr Bain asked could Councillors receive an update on the land located on the corner of Sapphire Coast Drive and Tura Beach Drive, Tura Beach.

The Acting General manager advise a report will be presented to Councillors on 29 August or 19 September 2018.

 

19.2

Cattle Bay Marina

 

Cr Bain asked could Councillors be updated regarding the Cattle Bay Marina project.

The Acting General Manager advised, the Development Application has lapsed.

20.        Confidential Business

There was no Confidential Business.

21.      Adoption of reports from Closed Session

There was no Closed Session

22.      Resolutions to declassify reports considered in closed session

                   There were no reports declassified.

Closure

There being no further business, the Chairperson closed the meeting at 6.45  pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 8 August 2018.