Ordinary Meeting Minutes
Held on Wednesday 31 October 2018
At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega Commencing at 2.00 pm
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PresentCr Kristy McBain, Mayor Cr Mitchell Nadin, Deputy Mayor Cr Tony Allen Cr Robyn Bain Cr Jo Dodds Cr Russell Fitzpatrick Cr Cathy Griff Cr Sharon Tapscott Cr Liz Seckold |
In AttendanceGeneral Manager, Ms Leanne Barnes Director, Assets and Operations, Mr Anthony McMahon Director, Community, Environment and Planning, Mr Anthony Basford Director, Business and Governance, Mr Graham Stubbs Executive Manager People and Governance, Ms Nina Churchward Coordinator Communications and Events Minute Secretary, Ms Judith Clifton |
Statement of Commencement of Live Streaming
The Mayor made an announcement about live streaming requirements:
Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.
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
Safe Secure Water Program
Thank you to the Premier The Hon Gladys Berejikliam, Minister The Hon Andrew Constance, and Minister the Hon Niall Blair for the announcement of $25m from the Safe and Secure Water Program for the water treatment facilities for the Brogo/Bermagui and Bega/Tathra systems. This announcement recognises the critical need for these projects and is very welcome. I would also like to acknowledge the work done by the NSW Regional Infrastructure Commissioner Ken Gillespie and his team on pushing for water projects and ours particularly and the Joint Organisation for their work on the development of the regional water and sewer infrastructure prospectus. Importantly I would also like to thank Council staff particularly Jim Collins, Chris Best, Nathanael Wearne and Ken McLeod who have done an amazing job in putting together applications of an exceptional standard. I know many water authorities would love to have staff of the calibre that we have here in Bega.
Drought Communities Funding
I would also like to acknowledge the announcement late last week by Senator Jim Molan of the inclusion of Bega Valley Shire Council in the group of Councils now eligible to apply for funding under the Drought Communities Funding. Funds of up to $1m are available for local government areas covered by this declaration and we will now work to engage with key sectors to look at the best approach to ensure that our applications provide opportunities to look at increased employment, improved economic activity and productivity, and better retention of businesses, services and facilities. Whilst Bega Valley was not included in the initial LGAs covered politicians listened to our message of the impacts locally, Dr Mike Kelly raised the matter in Parliament and Senator Molan and other members of Government met with me to listen to our case. We thank them for their action, the ball is now in our court.
Acknowledgment Mr Anthony Basford our Director of Community Environment and Planning
Lastly I would like to acknowledge Mr Anthony Basford our Director of Community Environment and Planning on his last day with Council after four years. Anthony leaves us to take the position of CEO at East Gippsland Shire. We will miss his calm, steady, can do attitude and we thank him for his contribution and wish him well for the future. East Gippsland is an associate member of our Joint Organisation so we look forward to meeting with Anthony and his Council in our cross border roles into the future
1. |
Apologies |
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2. |
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RESOLVED on the motion of Crs Bain and Seckold That the Minutes of the Ordinary Meeting held on 10 October 2018 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil RESOLVED on the motion of Crs Griff and Seckold That Council resolve to note the minutes of the meeting held on 19 September 2018, Item 14.1 require an administrative update to include an omitted point (c) Bermagui Charette - $10,000 from the resolution number 145/18 as outlined in red text below:
In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
3. Declarations
Non Pecuniary Interest
Cr Fitzpatrick declared a significant non-pecuniary interest regarding Item 12.2 Sportsground Water Usage, on the basis that he is President of the Pambula Show Society and a member of the Pambula Sportsground Committee. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting Cr Fitzpatrick will depart the meeting room, taking no part in debate or voting on this item.
Cr McBain declared a significant non-pecuniary interest regarding Item 11.1 Former Hotel Australasia, on the basis that she met with members of the Eden’s Australasia Inc. without another person present after being forwarded an Expression of Interest. A signed declaration form was tabled by Cr McBain for inclusion in the Register noting that to ensure the probity of the Expression of Interest process, she will depart from the Chambers.
Cr McBain declared a non-pecuniary interest regarding Item 12.2 Sportsground Water Usage, on the basis that her family is involved with a sporting group using Lawrence Park, Tathra.
A signed declaration form was tabled by Cr McBain noting she would remain in the meeting room taking part in debate or voting on this item
Mr Anthony Basford declared a non-pecuniary interest regarding Item 10.2 Disposal of Easement – Merimbola Street, Pambula, He is a member of the Sapphire Coast Historic Vehicle Club. No longer on the Committee however, the owner of lot and DP 758825 is the current club president. A signed declaration form was tabled by Cr Allen for inclusion in the Register.
4. Deputations (by prior arrangement)
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4.1 |
Request to address Council received prior to finalisation of the Agenda |
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The following requests were included in the Agenda: 9.2. Report on public exhibition of Wolumla Deferred Matters Planning Proposal • Garret Barry – Director, Garret Barry Planning Service Pt Ltd 10.1. Proposed divestment of land to Quaama Men's Shed Incorporated • Mr John Preston – President Quaama Men’s Shed Request to address Council received following finalisation of the Agenda The following requests to address Council were received after finalisation of the Agenda: 10.2. Disposal of Easement - Merimbola Street, Pambula • David Jesson 10.2. Disposal of Easement - Merimbola Street, Pambula · Ms Wendy Pursehouse 12.4. Mirador Emergency (Secondary) Access • Mr Rod Macdougall 12.5 Draft Revised Short Point Coastal Access Masterplan • Lynn McColl on behalf Our Merimbula (authority supplied) 12.7. Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve • Chris Young and Les Murphy on behalf of the North Tura Beach Residents Association Inc. (NTBRA) (authority supplied) • Don McGuffie and Christine Ray Warner on behalf of the Living Nature – LNW Group (authority supplied) |
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RESOLVED on the motion of Crs Nadin and Dodds That the deputations be heard: In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
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Mr Barry addressed the Council and the Mayor thanked him for his address. Mr Preston addressed the Council. RESOLVED unanimously on the motion of Cr Tapscott and Nadin That Mr Preston be granted an additional two minutes to complete his address. The Mayor thanked Mr Preston for his address.
Mr Jesson addressed the Council RESOLVED unanimously on the motion of Crs Tapscott and Fitzpatrick That Mr Jesson be granted an additional two minutes to complete his address. the Mayor thanked Mr Jesson for his address
Ms Pursehouse addressed the Council and responded to questions from Councillors. the Mayor thanked Ms Pursehouse for her address.
Mr MacDougall addressed the Council and responded to questions from Councillors. The Mayor thanked Mr MacDougall for his address
Ms McColl addressed the Council RESOLVED unanimously on the motion of Crs Nadin and Seckold That Ms McColl be granted an additional two minutes to complete her address. Ms McColl responded to questions from Councillors. The Mayor thanked Ms McColl for her address
Mr Young addressed the Council RESOLVED unanimously on the motion of Crs Nadin and Seckold That Mr Young be granted an additional two minutes to complete his address. Mr Young responded to questions from Councillors. The Mayor thanked Mr Young for his address
Mr Don McGuffie addressed the Council Mr McGuffie responded to questions from Councillors The Mayor thanked him for his address |
Cr Tapscott tabled a petition with 312 signatures, which also included copies of an online petition and supporting documents regarding the former Hotel Australasia.
There were no Mayoral Minutes.
7. Urgent Business
There was no Urgent Business.
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Adjournment into Standing Committees |
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9. Staff Reports – Planning and Environment
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9.1 |
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RESOLVED on the motion of Crs Tapscott and Griff1. That Council receive and note the report. 2. That Council endorse the revised Companion Animal Procedure 4.04.6 (Companion Animals Control Areas) to be placed on a 28 day public exhibition period, which is widely promoted. 3. That a report be presented to Council at the earliest opportunity outlining any submissions received, or if no submissions are received, the Companion Animal Procedure 4.04.6 (Companion Animals Control Areas) will be taken as adopted and the changes implemented. 4. That Council identify further potential accessible off leash areas in conjunction with the Access and Inclusion Advisory Committee. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
10. Staff Reports – Community, Culture and Leisure
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10.1 |
Proposed divestment of land to Quaama Men's Shed Incorporated |
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RESOLVED unanimously on the motion of Crs Bain and Fitzpatrick That although the matter had been subject of an address to Council, the matter be heard today.
A motion was moved by Crs Bain and Nadin 1. That Council receive and note the report. 2. That Council outline their intent to divest of the asset to Quaama Men’s Shed Incorporated for the amount of $50,000 (plus GST), payable by annual contributions of $500(plus GST), with the proceeds from the sale placed in the property reserve for future use. 3. That Council staff investigate the legalities of this intention and implement if applicable or report back to Council. 4. That the General Manager be authorised to execute the necessary documentation. 5. That Quaama Men’s Shed Incorporated be advised of Council’s decision.
A motion was foreshadowed by Cr Tapscott That the matter be deferred for investigation of the resolution of the alternative approach that Council outline their intent to divest of the asset to Quaama Men’s Shed Incorporated for the amount of $50,000 (plus GST), payable by annual contributions of $500(plus GST), with the proceeds from the sale placed in the property reserve for future use.
The motion was put to the vote CARRIED |
RESOLVED on the motion of Crs Bain and Nadin1. That Council receive and note the report. 2. That Council outline their intent to divest of the asset to Quaama Men’s Shed Incorporated for the amount of $50,000 (plus GST), payable by annual contributions of $500 (plus GST), with the proceeds from the sale placed in the property reserve for future use. 3. That Council staff investigate the legalities of this intention and implement if applicable or report back to Council. 4. That the General Manager be authorised to execute the necessary documentation. 5. That Quaama Men’s Shed Incorporated be advised of Council’s decision. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain and Allen Against: Crs Seckold, Tapscott and Dodds |
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10.2 |
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The Mayor asked were there any points raised in the deputation to Council that required the matter to be deferred. The General Manager responded that she noted comments on the wording regarding creation of an easement, however advised that the relevant information had been provided to Council to determine the matter today.
RESOLVED on the motion of Crs Fitzpatrick and Bain That although the matter had been subject of an address to Council, the matter be heard today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Cr Tapscott |
RESOLVED on the motion of Crs Fitzpatrick and Nadin1. That Council receive and note the report. 2. That Council grant a formal Easement for Access over part Lot 16 DP 1204078 at Merimbola Street, Pambula to the benefit of the registered proprietor of Lot 20 Section 33 DP 758825 and Lot 15 DP 1204078. 3. That the Transfer Granting Easement also note the requirement for the registered proprietor of Lot 20 Section 33 DP 758825 its successors and assigns, to construct, maintain and repair in perpetuity the box culvert system. 4. That all costs associated with creation and granting of the easement including Council’s legal costs, survey work, plan preparation and registration fees are borne by the applicant. 5. That the General Manager and Mayor be authorised to execute a suitable Deed of Agreement with the applicants, as owners of Lot 20 Section 33 DP and Lot 15 DP 1204078, which sets out Council’s requirements in relation to creation of the Easement for Access over part Lot 16 DP 1204078 with this to be progressed and agreed within 12 months and fees to be calculated to include appropriate compensation related to the valuations. 6. That the General Manager and Mayor be authorised to execute the necessary documentation to effect creation of the Easement for Access. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
04:15 pm Cr Bain left the meeting.
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10.3 |
Tura Marrang Library and Community Centre - Lower level redevelopment and former Managers Residence |
11:47 am Cr Bain left the meeting.RESOLVED on the motion of Crs Seckold and Dodds1. That Council receive and note the report. Project 1 – Lower level Tura Marrang Library and Community Centre 2. That Council support the redevelopment of the lower level of the Tura Marrang Library and Community Centre into two spaces for tenancies and a hireable meeting room (option b). 3. That Council approve the use of funds from the Public Domains Special Rate Variation currently in reserve to undertake the redevelopment works in conjunction with any grant funds available. 4. That Council call for expressions of interest from organisations and/or businesses to occupy the spaces prior to the redevelopment and that use is based on a financial return to Council. 5. That the General Manager and Mayor be authorised to execute any documentation to facilitate the tenancies. Project 2 – Former manager’s residence 6. That Council call for expressions of interest for the use of the former manager’s residence on the basis of a financial return to Council and that any proposal must meet all planning and building regulation requirements at the cost to the proponent. 7. In the event that no proposals are received, that Council approve the ‘making good’ of the residence for leasing; and appoint a local real estate manager to market the property and lease out for a suitable purpose allowable under the Planning and Building Regulations on the basis of a financial return to Council. 8. That the General Manager and Mayor be authorised to execute any documentation to facilitate the use of the facility in line with Council direction. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain |
04:17 pm Cr Bain returned to the meeting.
11. Staff Reports – Economic Development and Business Growth
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11.1 |
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Pecuniary InterestCr McBain declared a significant non-pecuniary interest regarding Item 11.1 Former Hotel Australasia, on the basis that she met with members of the Eden’s Australasia Inc. without another person present after being forwarded an Expression of Interest. 04:17 pm Cr McBain left the meeting. Cr Nadin assumed the Chair A motion was moved by Cr Dodds seconded Cr Tapscott 1. That Council receive and note the report 2. That Council note the request for quotation process from the three locally based Eden Real Estate agents to represent council to market and sell the former hotel Australasia has now closed. 3. That Council note the EOI process for person/s or groups to enter into a contract for sale and side deed for the sale, restoration and use of the former Hotel Australasia has now closed. 4. That Council retain ownership of the former Hotel Australasia. 5. That Council direct staff to investigate options to fund the restoration and activation of the site and report to Council. The report to include assessment of the potential to: · divest of other Council-owned properties in Eden to fund works, · subdivide and sell off rear land, · apply for external funding via heritage and any other relevant grants, and · relocation of existing Council and/or other services to the refurbished site. Cr Bain foreshadowed a motion 1. That, in accord with previous decisions of Council to sell the Hotel Australasia and considering the risk to Council associated with the Australasia Group’s proposal as advised by Council officers, as well as the inability of the group to meet the conditions of the Side Deed, only the submissions from the three real estate firms are considered at this time. 2. That each of the three real estate firms be requested to submit the proposals they have received for the purchase of the Hotel Australasia within the next 30 days and the General Manager circulate the Side Deed to each of the three real estate firms. 3. That once offers are received after the 30 days all offers be brought back to Councillors for resolution. A Point of Order was called by Cr Dodds regarding comments by Cr Bain on the Hotel Australasia Group. The Point of Order was upheld by the Chairperson, Cr Nadin. Cr Bain withdrew her comments. The motion was put to the vote and LOST on the Casting Vote of the Chairperson Cr Nadin In favour: Crs Griff, Seckold, Tapscott and Dodds Against: Crs Fitzpatrick, Bain, Nadin and Allen Absent: Cr McBain A motion was moved by Crs Bain and Fitzpatrick 1. That Council receive and note the report. 2. That Council note the Request for Quotation (RFQ) process from the three (3) locally based Eden Real Estate Agents to represent Council to market and sell the former Hotel Australasia has now closed. 3. That Council note the Expression of Interest (EOI) process for person/s or groups to enter into a Contract for Sale and Side Deed for the sale, restoration and use of the former Hotel Australasia has now closed. An amendment was suggested to add the following points. 4. That Council resolved not to accept any of the requests for quotations or EOIs 5. That in accord with previous decision of Council to sell the Hotel Australasia and considering the risks to Council associated with the Australasia Group’s proposal as advised by Council officers, as well as the inability of the group to meet the condition of the Side Deed, only the submissions from the three Real Estate firms be considered at this time. 6. That each of the three Real Estate firms be requested to submit proposals they have received for the purchase of the Hotel Australasia within the next 30 days and the General Manager circulate the Side Deed to each of the three Real Estate firms. 7. That once the offers are received after the 30 days, all offers be brought back to the Council for resolution The mover and seconder accepted the amendments. An amendment was suggested to point 6 and options discussed. RESOLVED unanimously on the motion of Crs Dodds and Griff That an adjournment be called to allow staff to check the appropriate wording for the options discussed. 5.08 pm the meeting adjourned. 5.24 pm the meeting was reconvened with Cr Griff and Dodds absent. 5.25 pm Cr Dodds returned to the meeting room 5.26 pm Cr Griff returned to the meeting room. The following amendments were suggested: 6. That each of the three real estate agents be given the opportunity to enter a standard, non-exclusive agency agreement for the sale of the Hotel Australasia and provide to Council any offers, within the next 30 days and the General Manager circulate the contract of sale, Side Deed and approved development application to each of the three Real Estate firms. 7. That the General Manager be delegated authority to sign the agency agreement 8. That all offers be brought back to the Council for resolution. The amendments were accepted by the mover and seconder. The amended motion of Crs Bain and Fitzpatrick Was put to the vote and it was CARRIED on the casting vote of the Chairperson Cr Nadin. |
RESOLVED on the motion of Crs Bain and Fitzpatrick1. That Council receive and note the report. 2. That Council note the Request for Quotation (RFQ) process from the three (3) locally based Eden Real Estate Agents to represent Council to market and sell the former Hotel Australasia has now closed. 3. That Council note the Expression of Interest (EOI) process for person/s or groups to enter into a Contract for Sale and Side Deed for the sale, restoration and use of the former Hotel Australasia has now closed. 4. That Council resolve not to accept any of the requests for quotations or EOI’s. 5. That in accord with previous decisions of Council to sell the Hotel Australasia and considering the risk to Council associated with the Australasia Group’s proposal as advised by Council officers, as well as the inability of the group to meet the conditions of the Side Deed, only the submissions from the three real estate firms are considered at this time. 6. That each of the three real estate firms be given the opportunity to enter a standard non-exclusive agency agreement for the sale of the Hotel Australasia and provide to Council any offers within the next 30 days and the General Manager circulate the contract of sale, Side Deed and approved development application to each of the three real estate firms. 7 That the General Manager be delegated authority to sign the agency agreements. 8. That all offers be brought back to Councillors for resolution. In favour: Crs Fitzpatrick, Bain, Nadin and Allen Against: Crs Griff, Seckold, Tapscott and Dodds Absent: Cr McBain |
05:30 pm Cr McBain returned to the meeting
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11.2 |
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RESOLVED on the motion of Crs Seckold and Bain1. Council note and recognise the contribution that Sapphire Coast Tourism Board and staff have made in growing the visitor economy in the Bega Valley Shire. 2. Council note that Sapphire Coast Tourism has been wound up by its membership, with remaining funds disbursed to the membership based Visitor Information Centres. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12. Staff Reports – Infrastructure Waste and Water
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12.1 |
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RESOLVED on the motion of Crs Dodds and Seckold1. That the Bega Valley Shire Transport Futures vision document be placed on public display and consultation for 3 months. 2. That the results of the consultation be reported to Council. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
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12.2 |
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Non Pecuniary Interest Cr Fitzpatrick declared a significant non-pecuniary interest regarding Item 12.2 Sportsground Water Usage, on the basis that he is President of the Pambula Show Society and a member of the Pambula Sportsground Committee. Cr
Fitzpatrick departed the meeting room, taking no part in debate and voting on
this item. 05:38 pm Cr Fitzpatrick left the meeting
Cr McBain declared a non-pecuniary interest regarding Item 12.2 Sportsground Water Usage, on the basis that her family is involved with a sporting group using Lawrence Park, Tathra. Cr McBain remained in the meeting room taking part in debate and voting on this item.
A motion was moved by Crs Griff and Tapscott 1. That Council adopt the draft Irrigation Management Plan attached to this report and the annual oval irrigation water volume allocations as recommended in Table 2 of this report. 2. That future irrigation overuse is accounted for through reduced operations and maintenance programs; or water allocation shortfalls are funded directly by revenue raised by site committees. 3. That Council request information from the site committees at Pambula Sporting Complex, Lawrence Park Tathra and George Brown Memorial Sportsground Eden in regard to historical irrigation management and water use, and for those committees to provide options and proposals that will address outstanding water charges at those sites. 4. That Council convey expectation of the new uses and processes to avoid excess consumption of water in future The following amendments were accepted by the mover and seconder 5. That an update be provided to Councillors on progress of Council’s resolution of 2017 relating to Council staff investigation into provision of reticulated water to Council owned or managed sporting facilities 6. That the Pambula Beach Sporting Complex allocation be reviewed to include the Equestrian Area. |
RESOLVED on the motion of Crs Griff and Tapscott1. That Council adopt the draft Irrigation Management Plan attached to this report and the annual oval irrigation water volume allocations as recommended in Table 2 of this report. 2. That future irrigation overuse is accounted for through reduced operations and maintenance programs; or water allocation shortfalls are funded directly by revenue raised by site committees. 3. That Council request information from the site committees at Pambula Sporting Complex, Lawrence Park Tathra and George Brown Memorial Sportsground Eden in regard to historical irrigation management and water use, and for those committees to provide options and proposals that will address outstanding water charges at those sites. 4. That Council convey to committees an expectation of the new uses and processes to avoid excess consumption of water in the future. 5. That an update be provided to Councillors on the progress of the Council resolution in 2017 relating to Council staff investigations into provisions of reticulated water to Council owned or managed sporting facilities. 6. That Pambula Beach Sporting Complex be reviewed to include the Equestrian Area. In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Fitzpatrick |
05:59 pm Cr Fitzpatrick returned to the meeting.
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RESOLVED on the motion of Crs Seckold and Nadin1. That Council receive and note the report. 2. That Council authorise the General Manager or their delegate to re-negotiate agreement of the lease footprint relating to lease LS-06 at the Merimbula Airport with the rental fee to be calculated on the agreed footprint area. 3. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide a further tenure of six years (two consecutive three year leases) to each of the existing lessees at Merimbula Airport as detailed in the report to Council of 31 October 2018. 4. That Council’s formal written consent is required to any and all future sub leasing arrangements at the Airport to ensure that such sub tenancies do not conflict with or impede operation of the site as a regional Airport. 5. That Council expedite the finalisation of the Merimbula airport master plan and funding options for the development of the General Aviation Precinct at the northern end of the site. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil The motion was CARRIED/LOST |
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12.4 |
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The Mayor asked had any items be raised that required a further report to Council. The Director Assets and Operations advised in his opinion there were none. |
RESOLVED on the motion of Crs Bain and FitzpatrickThat the matter be deferred to receive further information regarding insurance matters raised in the address to Council. In favour: Crs Fitzpatrick, Bain, Nadin, McBain, Seckold, Tapscott, Dodds and Allen Against: Cr Griff |
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12.5 |
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The Mayor asked had any items be raised that required a further report to Council. The Director Assets and Operations provided clarification on matters raised in the address
RESOLVED unanimously on the motion of Crs Nadin and Griff That although the matter has been subject to an address to Council, the matter be heard today.
A motion was moved by Cr Nadin and Bain 1. Council acknowledge and thank the public for their submissions regarding the revised draft Short Point Accessibility Master Plan. 2. Council consider the consultation feedback summary for the masterplan, with a final design to be presented to Council. Cr Tapscott foreshadowed a motion That Council adopt the revised Short Point Coastal Accessibility Plan exhibited in March 2018 with recommended amendments included in the Short Point Revised Coastal Access Plan Consultation Feedback Summary Table included in this report. The mover and seconded accepted an amendment motion to read 1. Council acknowledge and thank the public for their submissions regarding the revised draft Short Point Accessibility Master Plan. 2. That Council adopt the revised Short Point Coastal Accessibility Plan exhibited in March 2018 with recommended amendments included in the Short Point Revised Coastal Access Plan Consultation Feedback Summary Table included in this report. 3. Council adopt the consultation feedback summary for the masterplan, the plan to be updated to reflect the changes and uploaded to Council’s website. |
RESOLVED on the motion of Crs Nadin and Bain1 Council acknowledge and thank the public for their submissions regarding the revised draft Short Point Accessibility Master Plan. 2. That Council adopt the revised Short Point Coastal Accessibility Plan exhibited in March 2018 with recommended amendments included in the Short Point Revised Coastal Access Plan Consultation Feedback Summary Table included in this report. 3. That the plan updated to reflect the changes and uploaded to Council’s website. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
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12.6 |
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RESOLVED unanimously on the motion of Crs Allen and Fitzpatrick That Council adopts the recommendations included in the Confidential Attachment to this report. |
RESOLVED on the motion of Crs Allen and Fitzpatrick1. That Council accept the conclusions and information as outlined in the report. 2. That Council note that Council are required to hold the Aerodrome Certification in accordance with CASA Regulation and are required to appoint Approved Person(s) with the necessary experience of aerodrome planning, maintenance and operation. 3. That in accordance with Government Act Chapter 6 Part 3 Division1 Section 55 3 i) ‘a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders’ 4. Council enter into negotiations with Merimbula Airport Handling for the Operation and Management of Merimbula Airport for a contract for two (2) years with an option to extend a further one (1 year) until the runway and terminal extension works are completed in accordance with existing contract documentation RFT 48/16. 5. That authority is delegated to the General Manager to enter into negotiations with Airport Agencies and to execute all necessary documentation 6.. That Council make the Confidential Attachment to this report public. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
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12.7 |
Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve |
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The Mayor asked had any items be raised that required a further report to Council. The Director Assets and Operations advised in his opinion there were none
Cr McBain declared a non pecuniary interest regarding Item 12.7 Site Management Plan - Tura Head Coastal Reserve (The Point) and Dolphin Cove Reserve, on the basis that she lives in the North Tura Beach Area and advised that she would table a pecuniary interest form for the register. Cr McBain remained in the meeting room and took part in debate and voting.
RESOLVED unanimously on the motion of Crs Nadin and Griff That although the matter had been subject of an address to Council, the matter be heard today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
RESOLVED unanimously on the motion of Crs Tapscott and Nadin That the meeting be extended for a period of 45 minutes:
A motion was moved by Crs Griff and Seckold 1 That the information in the report and the legal advice attached be received and noted. 2. That Council work towards the goals and strategies in the Community Strategic Plan (CSP) and endorse the current site management plan to progressively make improvements to general appearance, weed management, paths and trails, emergency access. 3. That it is acknowledged the site is one of a broader network of reserves across the Shire and that there are limitations in resources available.
A motion was foreshadowed by Cr Bain That Council back out totally until both groups in Tura can come together and work out a way forward. An amendment was suggested that the foreshadowed motion be: That Council do not provide any further resources until such a time that the Groups can provide clear evidence of a joint commitment to a way forward to implement an agreed site management plan 06:55 pm Cr Allen left the meeting.
Cr Nadin suggested an amendment to the staff recommendation: That Council staff make changes to the existing SMP to meet the legal biodiversity requirements.
The General Manager suggested that the matter be deferred to the November meeting.
The motion of Crs Griff and Seckold was put to the vote and it was LOST. In favour: Crs Griff, Seckold and Tapscott Against: Crs Fitzpatrick, Bain, Nadin, McBain and Dodds Absent: Cr Allen The Mayor announced that the 45 minute extension was complete. |
RESOLVED on the motion of Crs Bain and FitzpatrickThat the matter and remaining agenda items be deferred. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Nil Absent: Cr Allen |
Closure
There being no further business, the Chairperson closed the meeting at 7.35 pm.
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12.8 |
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To be presented to the next meeting, deferred by resolution 163/18. |
13. Staff Reports – Governance and Strategy
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13.1 |
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To be presented to the next meeting, deferred by resolution 163/18. |
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13.2 |
Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers |
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To be presented to the next meeting, deferred by resolution 163/18. |
14. Staff Reports – Finance
There were no finance reports.
15. |
Adoption of reports from Standing Committees |
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There were no Councillor Reports
17. Rescission/alteration Motions
There were no rescission motions
There were no notices of motion
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19.1 |
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A response to the question on notice was published in the 31 October, 2018 meeting Agenda. |
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19.2 |
Cr. Griff Question on Notice - Would Council investigate the potential use of weed killing using steam? |
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A response to the question on notice was published in the 31 October, 2018 meeting Agenda. |
20. Questions for the Next Meeting
Nil.
21. Confidential Business
There was no confidential business.
22. Adoption of reports from Closed Session
There was no confidential business.
23. Resolutions to declassify reports considered in closed session
There were no reports declassified.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 31 October 2018.