PresentCr 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 AttendanceGeneral Manager, Ms Leanne Barnes Director, Assets and Operations, Mr Anthony McMahon Director, Community, Environment and Planning, Mr Anthony Basford Executive Manager People and Governance, Ms Nina Churchward Coordinator Communications and Events, Ms Margules, Cassandra Minute Secretary, Ms Kelly McDowall |
The Mayor made an announcement about live streaming requirements.
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.
1. |
Apologies |
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2. |
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RESOLVED on the motion of Crs Dodds and Seckold That the Minutes of the Ordinary Meeting held on 8 August 2018 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
Pecuniary Interest
Cr Tapscott declared a pecuniary interest regarding Item 12.7, Growing Local Economies grant application for Merimbula Town Centre Revitalisation project on the basis that she is part owner of a property in Main Street. A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.
Cr Tapscott will depart the meeting room, taking no part in debate or voting on this item.
Significant Non Pecuniary Interest
Cr Seckold declared a significant non pecuniary interest regarding Item 21.1, Request for leniency on water charges account on the basis that she had a close association with the ratepayer through committees and welfare groups over a number of years. A signed declaration form was tabled by Cr Seckold for inclusion in the Register.
Cr Seckold will depart the meeting room, taking no part in debate or voting on this item.
4. Deputations (by prior arrangement)
There were no Mayoral Minutes.
There was no urgent business.
8. |
Adjournment into Standing Committees |
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9.1 |
Planning Proposal for Lots 33 and 34 DP 243029 Corner of Tura Beach Drive and Sapphire Coast Drive, Tura Beach |
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RESOLVED on the motion of Crs Nadin and Seckold That the matter be dealt with today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
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RESOLVED on the motion of Crs Fitzpatrick and Bain1. That Council resolve to support the Planning Proposal to rezone Lots 33 and 34 DP 243029, Corner Tura Beach Drive and Sapphire Coast Drive, Tura Beach to a B5 Business Development Zone. 2. That Council officers be authorised to forward the Planning Proposal to the Department of Planning for Gateway Determination. 3. That following Gateway Determination, the Planning Proposal be placed on public exhibition. 4. That should no submissions be received during the exhibition period, officers progress the Planning Proposal to finalisation and gazettal without a further report to Council. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
9.2 |
Use of land for dwelling purposes - Lot 21 DP 802819 - 5 Gordon Street Quaama |
RESOLVED on the motion of Crs Tapscott and Nadin1. That Council assume the concurrence of the Secretary of the Department of Planning and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013 approve the variation to Clause 4.1A to allow the erection of a dwelling on Lot 21 DP 802819 Gordon Street Quaama. 2. That Council approve the Development Application subject to the attached draft Conditions of Consent (See attachment 1). In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
10.1 |
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RESOLVED on the motion of Crs Fitzpatrick and Nadin1. That the report be noted. 2. That Council acknowledge restrictions precluding its ability to fulfil a prior Resolution to release a redacted Crowe Horwath Albury key findings report relating to the Externally Funded Programs Review. 3. That Council publicly communicate the findings of the Externally Funded Programs Review through a fact sheet, communications pack and media release available on Council’s website. 4. That Bega Valley Shire Council ensure that all future contracts with consultants include directions regarding the public or other release of any resulting reports or recommendations, and address the potential for presentations to Council. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
10.2 |
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A motion was moved by Crs Griff and Dodds 1. That Council welcome the announcement of the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23. 2. That Council support the ongoing Renew Our Libraries initiative to secure the pledged funding, clarify the funding components and liaise with the government regarding the funding model. 3. That Council endorse and support Renew Our Libraries to work with the Government to develop a sustainable future funding model with a view guaranteeing an appropriate level of ongoing and indexed state funding. It was put to the vote and CARRIED. Cr Nadin foreshadowed a motion to remove “endorse” from point 3. Cr Nadin withdrew this foreshadowed motion. Cr Bain foreshadowed a motion: 1. That Council welcome the announcement of the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23. 2. That Council support the ongoing Renew Our Libraries initiative to secure the pledged funding, clarify the funding components and liaise with the government regarding the funding model. 3. That Council support Renew Our Libraries to work with the Government to develop a sustainable future funding model with a view guaranteeing an appropriate level of ongoing and indexed state funding.
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RESOLVED on the motion of Crs Griff and Dodds1. That Council welcome the announcement of the NSW Government on 24 August 2018 of its intention to provide a $60m funding package for NSW public libraries for the quadrennial period 2019-20 to 2022-23. 2. That Council support the ongoing Renew Our Libraries initiative to secure the pledged funding, clarify the funding components and liaise with the government regarding the funding model. 3. That Council endorse and support Renew Our Libraries to work with the Government to develop a sustainable future funding model with a view guaranteeing an appropriate level of ongoing and indexed state funding. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Cr Bain |
02:55 pm Cr Nadin left the meeting.
02:57 pm Cr Nadin returned to the meeting.
11.1 |
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RESOLVED on the motion of Crs Fitzpatrick and Seckold1. That the report be noted. 2. That Council delegate authority to the General Manager to enter into an agreement with Service NSW to participate in the Easy to do Business program and complete any necessary documentation. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.1 |
RFT43/18 Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan |
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RESOLVED unanimously on the motion of Crs Seckold and Fitzpatrick That Council accept the recommendations in the confidential attachment.
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RESOLVED on the motion of Crs Seckold and Fitzpatrick1. That Council accept the tender from Rhelm Pty Ltd in relation to contract for the works described in Tender RFT 43/18, in the amount of $162,915 (including GST), subject to variations, provisional sums and prime cost items as per the tender panel recommendations. 2. That authority is delegated to the General Manager to execute all necessary documentation. 3. That other tenderers be advised of Council’s decision. 4. That any unexpended budget allocation for the current financial year be carried forward to 2019/2020 to support the completion of the project. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.2 |
Tender RFT 34/18 Bega Valley Shire Council Workshop Refurbishment |
RESOLVED on the motion of Crs Tapscott and Dodds1. That due to no tenders meeting budgetary requirements, Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and postpone the proposal for the contract in relation to the subject matter of the tender as per Clause 178 (3) (a) 2. That tenderers be advised of Council’s decision. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.3 |
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RESOLVED on the motion of Crs Seckold and Dodds1. That Council makes an application to the Minister and/or Governor for approval to compulsorily acquire Lot 111 DP 1242074, being a 1.153ha section of Lot 11 DP 608730 from Garry Owens and Glenda Doreen Owens for a value of $60K (plus GST), by compulsory process with agreement 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 minerals are to be excluded from this acquisition. 3. That this acquisition is not for the purposes of resale. 4. That Council give notice of its intention to classify Lot 111 DP 1242074 at Kooringal Place, Bega upon acquisition as Operational Land under Section 34 of the Local Government Act 1993 (NSW). 5. That the General Manager and Mayor be delegated authority to execute the necessary documentation to effect the Deed of Licence over Lot 111 DP 1242074 for an interim period until the acquisition of the land is finalised. 6. 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 |
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12.4 |
Road Closure - Section of Council public road at Wallaga Lake |
RESOLVED on the motion of Crs Bain and Dodds1. That Council approve in principle the proposal received from the applicants for the closure of surplus Council Public Road Reserve which adjoins their landholding being Lot A DP 420390. 2. That Council's Property officers be advised to commence assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days. 3. That if any objections are received, a further report be prepared for Council’s consideration. 4. That if no objections are received, the council may, by notice published in the Government Gazette, formally close the surplus Public Road Reserve concerned. 5. That the General Manager and Mayor be authorised to execute the necessary documentation to effect the road closure, creation of easement and subsequent sale of land to the applicant for market value as determined by an independent valuer. 6. That all costs associated with the road closure process be borne by the applicant. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.5 |
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RESOLVED on the motion of Crs Nadin and Dodds1. That Council approve in principle the proposal received for the formal closure of a 355m2 section of surplus Council Public Road Reserve adjoining the applicant’s property at Lot 3 DP 539154 on the corner of West Street and Ridge Street at North Bega. 2. That Council officers commence assessment of the road closure application under Division 3 of the Roads Act 1993 and the proposal be publicly advertised for a period of 28 days. 3. That if any objections are received, a further report be prepared for Council’s consideration. 4. That if no objections are received, the Council by notice published in the Government Gazette, formally close the section of surplus Public Road Reserve concerned. 5. That the General Manager and Mayor be authorised to execute the necessary documentation to effect the road closure, creation of easements and subsequent sale of land to the applicant for market value as determined by an independent valuer. 6. That all costs associated with the road closure process be borne by the applicant. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.6 |
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RESOLVED on the motion of Crs Bain and NadinThat Council adopt the following items relating to the Local Traffic Committee: 1. Recommendations from the Traffic Committee meeting: 188.SE.053 – Bega Fun Run 21 October 2018Recommendation1. That, subject to conditions, sections of the following Council roads be temporarily closed between 5am and 12 noon on Sunday, 21 October 2018 for the Bega Fun Run: a) Full closure of Valley Street, Bega between the Kooringal Place and Poplar Avenue intersections b) Full closure of Kirkland Avenue, Bega between Parbery Crescent and Poplar Avenue intersections c) Full closure of Poplar Avenue, Bega between Carp Street to the end of the Valley Fields d) Full closure of Bega Street, Bega between the Poplar Avenue and Auckland Street intersections e) Full closure of Auckland Street, Bega between the Bega Street and Bridge Street intersections f) Full closure of Bridge Street, Bega g) Full closure of East Street, Bega between the Bridge Street and Carp Street intersections h) One lane of Tarraganda Lane, Bega between the East Street intersection and the Bega Country Club 2. That the proposed traffic arrangements for the Bega Fun Run on Sunday, 21st October 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. 3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 4. That organisers have approved and current 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. 188.RSP.050 – Installation of parking restrictions lower level Merimbula Wharf car parkRecommendation1. That Council approve the installation of a “No Parking” zone for a length of 9.0 metres adjacent the concrete apron of the wharf. 2. That Council approve the installation of a “No Stopping” zone on the western side of the access road to the lower car park for a length of 57 metres. 3. That Council approve the installation of a “No Stopping” zone on the eastern side of the access road to the lower car park for a length of 28 metres. 188.RSP.049 – Installation of Right Angle parking signs BermaguiRecommendation1. That Council approve the installation of 90 degree front to Kerb (vehicles under 6 m only) parking signs at the off street car park at the intersection of Lamont and Montague Streets, Bermagui.
2. That Council take appropriate measures to avoid impacts to the local agricultural sector through load limits currently imposed on roads within the Candelo/Wolumla area which may include: a. Advocacy to the NSW Government to provide greater flexibility in current regulation that provides better mechanisms for discretionary exemptions by roads authorities for use of roads with imposed load restrictions b. Undertaking necessary steps to have load limits temporarily revoked on Mogilla Road, West Kameruka Road, Kameruka Lane and Candelo-Wolumla Road until necessary regulatory changes are made with a further review in six months. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.7 |
Growing Local Economies grant application for Merimbula Town Centre Revitalisation project |
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Cr Tapscott declared a pecuniary interest regarding Item 12.7, Growing Local Economies grant application for Merimbula Town Centre Revitalisation project on the basis that she is a part owner of a property in Main 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. 03:15 pm Cr Tapscott left the meeting. RESOLVED on the motion of Crs Fitzpatrick and Nadin The matter be dealt with today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott
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RESOLVED on the motion of Crs Nadin and Fitzpatrick1. That the report be noted. 2. That Council note the Department of Premier and Cabinet invitation to submit a full Business Case for the Merimbula Town Centre Revitalisation Project. 3. That Council delegate the authority to the General Manager to proceed with the project application to the NSW Government’s Growing Local Economies Fund seeking funding for the works as documented in the Merimbula Central Business District Landscape Masterplan. 4. That should the funding application be successful, that Council officers provide a further report detailing options for Council to meet the co-contribution requirement. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott |
03:28 pm Cr Tapscott returned to the meeting.
13.1 |
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RESOLVED on the motion of Crs Bain and Dodds1. That Council note the report. 2 That Council adopt the Guidelines for the Bega Valley Shire Council Awards and Scholarship Committee. 2. That Councillor delegates for the inaugural Committee be elected as part of the Committee and Panel Delegates process at the Council meeting to be in September 2018 In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
13.2 |
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RESOLVED unanimously on the motion of Crs Griff and Nadin. That the matter be dealt with today. |
RESOLVED on the motion of Crs Nadin and GriffThat an additional Ordinary Meeting of Council be added to the Council Meeting Schedule on Monday 17 September 2018 from 2pm for the purpose of election of the Mayor and Deputy Mayor, and associated reports, and that appropriate notices be provided as required under the Local Government Act 1993. In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Cr Fitzpatrick
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There were nil reports.
15. |
Adoption of reports from Standing Committees |
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16.1 |
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The response published in the Agenda for the meeting of 29 August 2018 was noted. |
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17. Rescission/alteration Motions
There were no rescission/alteration motions.
There were no notices of motion.
There were no questions on notice.
03:41 pm Cr Seckold left the meeting.
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Adjournment Into Closed Session |
104/18 |
RESOLVED on the motion of Crs Dodds and Tapscott1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 21.1 Request for leniency on water charges account 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 (b) the report contains a discussion in relation to the personal hardship of a resident or ratepayer. 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, Tapscott, Dodds and Allen Against: Nil Absent: Cr Seckold
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The recording of the meeting ceased for the period of the Closed Session of Council.
3.57 pm The Ordinary Meeting was reconvened.
The Chairperson advised that the recording of the Council Meeting would recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.
03:59 pm Cr Seckold returned to the meeting.
There were no resolutions to declassify reports.
There being no further business, the Chairperson closed the meeting at 3.59 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 29 August 2018.