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, Dr Alice Howe Director, Business and Governance, Mr Graham Stubbs Executive Manager People and Governance, Ms Nina Churchward Coordinator Communications and Events, Ms Cassandra Margules Minute Secretary, Ms Kelly McDowall |
The Mayor made an announcement about live streaming requirements nothing that:
Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, those present consent to their 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 privacy; however as a visitor of the public gallery, individuals present may be recorded.
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 Seckold and Dodds That the Minutes of the Ordinary Meeting held on 12 December 2018 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
Non Pecuniary Interest
Cr Bain declared a non-pecuniary interest regarding Item 12.5, Pambula River, Pambula Lake, Yowaka River Flood Study Grant Offer on the basis that she lives on Pambula Lake. A signed declaration form was tabled by Cr Bain for inclusion in the Register.
Cr Bain will remain in the meeting room and take part in debate or voting.
Cr Fitzpatrick declared a significant non pecuniary interest regarding Item 13.2, Former Bega Hospital, 1 McKee Drive Bega on the basis he is a Board Member of the Southern NSW Local Health District Board. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick will depart the meeting room, taking no part in debate or voting on this item.
4. Deputations (by prior arrangement)
There were no petitions.
There were no Mayoral Minutes.
There was no urgent business.
8. |
Adjournment into Standing Committees |
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There were no Planning and Environment Reports.
There were no Community, Culture and Leisure Reports.
There were no Economic Development and Business Growth Reports.
12.1 |
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RESOLVED unanimously on the motion of Crs Dodds and Seckold That Council accept the recommendations as outlined in the Confidential Attachment relating to FT 45/18. |
RESOLVED on the motion of Crs Dodds and Seckold1. That due to an alternate non-conforming tender being submitted, Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with Colin Joss & Co Pty Ltd trading as Joss Constructions with a view to entering into a contract in relation to the subject matter of the tender as per Clause 178 (3) (e). 2. That authority is delegated to the General Manager to enter into negotiation with the tenderer that provided the best value for money tender, Colin Joss & Co Pty Ltd trading as Joss Constructions, on the basis of the works as specified in RFT 45/18 and the alternative tender provided by that tenderer. 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That the other tenderers be advised of Council’s decision 5. That Council delegate the General Manager to seek a variation to the Commonwealth Funding Deed to defer the installation of screening equipment until such time as it is required. 6. That Council note the funding shortfall to be funded by way of additional loan funds to be repaid through the Airport Special Rate Variation. 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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RESOLVED on the motion of Crs Tapscott and Allen1. That Council receive and note the report. 2. That Council, as Crown Land Manager of Edgar Jaggers Reserve R180062, approve tenure of twenty years to Wallaga Lake – Bermagui Men’s Shed Incorporated for the purpose of erecting a men’s shed facility on Lot 287 DP 1151605. 3. That Council advertise the proposal to grant tenure of twenty years to Wallaga Lake – Bermagui Men’s Shed Incorporated, for the purpose of erecting a men’s shed facility on Lot 287 DP 1151605, in accordance with the provisions of section 47 of the Local Government Act 1993 (NSW). 4. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide tenure of twenty years to Wallaga Lake – Bermagui Men’s Shed Incorporated at Lot 287 DP 1151605 (Edgar Jaggers Reserve R180062). In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
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RESOLVED unanimously on the motion of Crs Bain and Allen That the matter be dealt with today.
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RESOLVED on the motion of Crs Bain and Allen1. That Council make an application to NSW Department of Industry – Lands and Water to be appointed as the Crown Land Manager of Reserve 88395 (Lot 7006 DP 1020045). 2. That Council make an application to NSW Department of Industry – Lands and Water requesting Ministerial consent to manage Crown Reserve 88395 (Lot 7006 DP 1020045) as if it were Operational Land under the Local Government Act 1993 (NSW). 3. That pending the outcome of items 1 and 2 a further report be provided to Council with a temporary license with appropriate conditions being granted to the current site occupants in the interim. 4. That Council staff from the Waste section prepare a report on the recycling of commercial cardboard waste in the Shire. IN FAVOUR: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen AGAINST: Nil |
12.4 |
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RESOLVED unanimously on the motion of Crs Nadin and Bain That the matter be dealt with today. The motion was put to the vote and LOST. In favour: Crs Fitzpatrick, Bain, Nadin, McBain, Tapscott and Allen Against: Crs Griff, Seckold and Dodds
02:50 pm Cr Nadin left the meeting. 02:50 pm Cr Nadin returned to the meeting.
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RESOLVED on the motion of Crs Nadin and Dodds1. That Council support the business case for funding of the Smart Street Lighting Program by the NSW Government at a cost of $61.4M and seek support for the project from the local member. 2. That Council support the rollout of Light Emitting Diodes (LED) lighting with smart technology capability for all street lights in the local government area. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.5 |
Pambula River, Pambula Lake, Yowaka River Flood Study Grant Offer |
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Cr Bain declared a non-pecuniary interest regarding Item 12.5, Pambula River, Pambula Lake, Yowaka River Flood Study Grant Offer on the basis that she lives on Pambula Lake. Cr Bain remained in the meeting room and took part in debate or voting.
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RESOLVED on the motion of Crs Fitzpatrick and Nadin1. That the grant offer of $152K from the NSW Office of Environment and Heritage for completion of Council’s Pambula River, Pambula Lake and Yowaka River Flood Study be accepted and authority be delegated to the General Manager to execute the funding agreement prior to the lodgement date of 28 February 2019. 2. That upon acceptance of the NSW Office of Environment and Heritage grant offer of $152K, the relevant budget allocations for 19/20 and 20/21 to deliver the project be approved for the forward budgets from the General Fund. 3. That upon acceptance of the NSW Office of Environment and Heritage grant offer of $152K, nomination/s be called for local community representatives, for the Bega Valley Shire Floodplain Risk Management Focus Group from within the Pambula River, Pambula Lake and Yowaka River catchments. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.6 |
Classification of land recently dedicated to Council at Pambula |
RESOLVED on the motion of Crs Nadin and Seckold1. That Council note the 28 day public notification process was completed regarding the proposal to classify Lot 17 and 18 DP 1247734 recently dedicated to Council as Operational Land, with no submissions received. 2. That Council resolve to classify Lot 17 and 18 DP 1247734 at Pambula as Operational Land under Section 31 of the Local Government Act 1993 (NSW). In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.7 |
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A motion was moved by Crs McBain and Seckold 1. That Council receive and note the report. 2. That Council consider the offer detailed in the attached Confidential Report and request the offeree to come to a Council briefing to further refine, discuss and negotiate a possible sale of 142-144 Imlay Street, Eden. 3. That Council officers put together a list of potential grant funding opportunities to be presented at the same briefing for comparison if Council retain ownership. 4. That a further report be prepared to Council following the briefing. 5. That Council return the sign “Biancas Restaurant” to the family of George and Bianca Scolaro. The motion was put to the vote and it was LOST. In favour: Crs Griff, McBain and Seckold Against: Crs Fitzpatrick, Bain, Nadin, Tapscott, Dodds and Allen
A motion was foreshadowed by Crs Dodds and Tapscott. 1. That Council receive and note the report. 2. That Council consider the offer detailed in the attached Confidential Report and request the offeree to come to a Council briefing to further refine, discuss and negotiate a possible sale of 142-144 Imlay Street, Eden. 3. That Council officers put together a list of potential grant funding opportunities to be presented at the same briefing for comparison if Council retain ownership. 4. That a further report be prepared to Council following the briefing. 5. That staff explore and report to Council the possibility of the sale of existing land and/or land and building for the purposes of funding development of the former Hotel Australasia. This will require staff identifying possible sites and the implications of the sale of such. 6. That staff also explore and report to Council the possible advantages of resolving issues of appropriate provision of room and facilities on Council properties in Eden and how any/all of these may be resolved via the development of the former Hotel Australasia 7. That Council return the sign “Biancas Restaurant” to the family of George and Bianca Scolaro. The motion was put to the vote and LOST. In favour: Crs Griff, Seckold, Tapscott and Dodds Against: Crs Fitzpatrick, Bain, Nadin, McBain and Allen
A motion was foreshadow by Crs Allen and Nadin. 1. That Council receive and note the report. 2. That Council consider the offer detailed in the attached Confidential Report and resolve accordingly. 3. That Council delegate authority to the General Manager and Mayor to continue to negotiate a sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia) for a minimum value as determined by Council in closed session at item 21.2 of today’s Council’s meeting under section 10(A) 2(c) of the Local Government Act 1993 as the matter and information is: (c) information that would, if disclosed, confer a commercial advantage as a person with whom the Council proposes to conduct business 4. That Council hereby authorise its Official Seal to be affixed to the contract documents under the signature of the Mayor and General Manager. 5. That Council return the sign “Biancas Restaurant” to the family of George and Bianca Scolaro. The motion was put to the vote and CARRIED. A motion was foreshadowed by Crs Dodds 1. That Council receive and note the report. 2. That Council consider the offer detailed in the attached Confidential Report and resolve accordingly. 3. That Council consider the offer detailed in the attached Confidential Report and request the offeree to come to a Council briefing to further refine, discuss and negotiate a possible sale of 142-144 Imlay Street, Eden.
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RESOLVED on the motion of Crs Allen and Nadin1. That Council receive and note the report. 2. That Council consider the offer detailed in the attached Confidential Report and resolve accordingly. 3. That Council delegate authority to the General Manager and Mayor to continue to negotiate a sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia) for a minimum value as determined by Council in closed session at item 21.2 of today’s Council’s meeting under section 10(A) 2(c) of the Local Government Act 1993 as the matter and information is: (c) information that would, if disclosed, confer a commercial advantage as a person with whom the Council proposes to conduct business 4. That Council hereby authorise its Official Seal to be affixed to the contract documents under the signature of the Mayor and General Manager. 5. That Council return the sign “Biancas Restaurant” to the family of George and Bianca Scolaro. In favour: Crs Fitzpatrick, Bain, Nadin, McBain and Allen Against: Crs Griff, Seckold, Tapscott and Dodds
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12.8 |
RFT56/18 Bega Valley Regional Learning Centre retaining wall replacement - Tender approval |
RESOLVED on the motion of Crs Dodds and Tapscott1. That Council accept the recommendations as outlined in the Confidential attachment. 2. That an allocation of $80,000 be made towards the Bega Valley Regional Learning Centre retaining wall project to be funded from the Buildings Reserve and to be adjusted at the next quarterly budget review. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Cr Allen |
12.9 |
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RESOLVED on the motion of Crs Seckold and Griff1. That Council receive and note the report. 2. That Council approve the divestment of its current interest in both lots 22 and 23 DP 237800 at Koolgarra Drive, Bega by way of gift to the Bega Pre-School Association Incorporated; for a nominal sum of $1.00 with Bega Pre-school Association Incorporated to pay all costs associated with transfer pending provision of an updated Constitution reflecting current dissolution arrangements. 3. That the General Manager and Mayor be authorised to execute the necessary documentation to affect the above course of action. 4. That Bega Pre-School Association Incorporated be advised of Council’s decision. 5. That Land Owners Consent to the current Development Application be granted to allow for the Application to be assessed while the transfer of the land takes place. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.10 |
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RESOLVED unanimously on the motion of Crs Griff and Nadin That Council accept the recommendations as outlined in the Confidential attachment.
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RESOLVED on the motion of Crs Griff and Nadin1. That Council decline the tenders from all tenderers for works described in RFT 75/18. 2. That due to no tenders being submitted at an acceptable price that could deliver value for money in accordance with Council’s available budgets, Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with known suitable suppliers with a view to entering into a contract in relation to the subject matter of the tender as per Clause 178 (3) (e). 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That tenderers be advised of Council’s decision. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
12.11 |
Road Load limits on Mogilla Road, West Kameruka Road, Kameruka Lane and Candelo-Wolumla Road |
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A motion was moved by Crs Bain and Nadin 1. That Council note the correspondence received from the NSW Government recommending area based limits in the Candelo-Wolumla area. 2. That Council not reinstate any road load limits in the Candelo/Wolumla area and continue to advocate for a change in regulation. It was put to the vote and it was CARRIED. A motion was foreshadowed by Cr Dodds 1. That Council note the correspondence received from the NSW Government recommending area based limits in the Candelo-Wolumla area. 2. That Council reinstate the issue of road load limits in the Candelo/Wolumla area for technical review to the Local Traffic Committee with a specific focus on the application of an area based load limit. 3. That Council continue to lobby for a change in the legislation.
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RESOLVED on the motion of Crs Bain and Nadin1. That Council note the correspondence received from the NSW Government recommending area based limits in the Candelo-Wolumla area. 2. That Council not reinstate any road load limits in the Candelo/Wolumla area and continue to advocate for a change in regulation. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold and Allen Against: Crs Tapscott and Dodds
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RESOLVED unanimously on the motion of Crs Nadin and Bain.
That Council adjourn for a 10 minute break commencing at 4.23 pm.
The meeting reconvened at 4.33 pm
13.1 |
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A motion was moved by Crs Tapscott and Dodds, That Council determine Council’s delegate representatives for Conference attendance, January - June 2019.
The motion was put to the vote and LOST. In favour: Crs Griff, Seckold, Tapscott and Dodds Against: Crs Fitzpatrick, Bain, Nadin, McBain and Allen
A motion was foreshadowed Cr Nadin and McBain. 1. That Council determine Council’s delegate representatives for Conference attendance, January - June 2019.
2. That all unexpended funds from the Councillor development fund be considered in the quarterly budget review for allocation to festivals and events. The motion was put to the vote and CARRIED.
A motion was foreshadow by Cr Fitzpatrick 1. That Council determine Council’s delegate representatives for Conference attendance, January - June 2019. 2. That the General Manager and Mayor attend the Australian Local Government Association National General Assembly Canberra.
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RESOLVED on the motion of Crs Nadin and McBain1. That Council determine Council’s delegate representatives for Conference attendance, January - June 2019.
2. That all unexpended funds from the Councillor development fund be considered in the quarterly budget review for allocation to festivals and events. The motion was put to the vote and CARRIED. In favour: Crs Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Crs Fitzpatrick, Bain and Allen |
13.2 |
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Cr Fitzpatrick declared a significant non pecuniary interest regarding Item 13.2, Former Bega Hospital on the basis that she is a Board Member on the Southern NSW Local Health District Board. 04:54 pm Cr Fitzpatrick left the meeting.
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RESOLVED on the motion of Crs Tapscott and Griff1. That Council note that the Heads of Agreement resolved by Council in April 2016 has lapsed. 2. That Council note the work that has been done to support land use planning opportunities for the site and provide Health Infrastructure and the Southern NSW Local Health District Board with the draft land use master plan opportunities for the precinct for their action. 3. That Council note the ongoing discussions in relation to achieving an education, community, research library on the site with a report to be brought back to Council on any progress of this concept. In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Fitzpatrick
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04:55 pm Cr Fitzpatrick returned to the meeting.
13.3 |
Review of Procedure 6.02.4 Payment of expenses / facilities for Councillors |
RESOLVED on the motion of Crs Griff and Dodds1. That Council note the sitting fee of $250 per meeting for Council delegates set and paid by Canberra Region Joint Organisation. 2. That Council adopt a sitting fee of $600 per meeting for Joint Regional Planning Delegates nominated and paid for by Bega Valley Shire Council. 3. That Council adopt the revised Procedure 6.02.4 Payment of expenses / facilities for Councillors Version 5. 4. That Procedure 6.02.4 Payment of expenses / facilities for Councillors Version 5 be exhibited for a period of 28 days, with submissions to be received for 42 days from the first date of exhibition. 5. That a further report be presented to Council on any submissions received, or if no submissions are received, the revised procedure be published on Council’s website. IN FAVOUR: Crs Nadin, Griff, McBain, Seckold, Tapscott and Dodds AGAINST: Crs Fitzpatrick, Bain and Allen |
13.4 |
Community Service Medallions - Appointment of Committee Members |
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RESOLVED unanimously on the motion of Crs Bain and Griff That Council adopt the recommendations outlined in the Confidential Memorandum.
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RESOLVED on the motion of Crs Bain and Griff1. That the following persons be accepted as additional Committee Members of the Bega Valley Community Service Medallion Committee – Margaret Collins, Joy Robin and Judith Read. 2. That Council note the Committee will consider nominations for 2019 Bega Valley Community Service Medallions in March and will provide recommendations for consideration and approval by Council. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
13.5 |
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RESOLVED on the motion of Crs Allen and NadinThat Council approve writing off the debts detailed in the Report by notifying Revenue NSW the referral of these debts has been revoked. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
13.6 |
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RESOLVED on the motion of Crs Bain and DoddsThe 2017-18 Audited Financial Statements be endorsed and published on Council’s website and hard copies be placed in Council’s libraries. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
14.1 |
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RESOLVED on the motion of Crs Tapscott and Nadin1. That Council receive and note the attached reports indicating Council’s investment position as at 30 November 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 |
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RESOLVED on the motion of Crs Nadin and Griff1. That Council receive and note the attached reports indicating Council’s investment position as at 31 December 2018. 2. That Council note the certification of the Responsible Accounting Officer. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
15. |
Adoption of reports from Standing Committees |
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16.1 |
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The report published in the Agenda for the meeting of 30 January 2019 was noted. |
17. Rescission/alteration Motions
There were no rescission/alteration motions.
There were no notices of motion.
There were no questions on notice.
RESOLVED unanimously on the motion of Crs Griff and Nadin
That Cr Fitzpatrick be given leave to make a statement.
Cr Fitzpatrick acknowledged and congratulated the Order of Australia Medal awardees for Australia Day 2019: Margaret Sirl, Bruce Leaver and Mick Brosnan. He spoke about the lack of attendance at the Bega Australia Day celebrations and that Council needs to address the process for Australia Day.
05:41 pm Cr Tapscott left the meeting.
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Adjournment Into Closed Session |
21/19 |
RESOLVED on the motion of Crs Nadin and Seckold1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 21.1 General Manager’s Annual Performance Review Report Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) the report contains personnel matters concerning particular individuals. 21.2 Former Hotel Australasia 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 (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business. 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, McBain, Seckold and Allen Against: Crs Griff and Dodds Absent: Cr Tapscott
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5.43 pm Cr Tapscott returned to the meeting.
The recording of the meeting ceased for the period of the Closed Session of Council.
5.43 pm The Closed session commenced.
6.14 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.
22.1 |
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22/1923/19 |
RESOLVED on the motion of Crs Nadin and Dodds That Council adopt the resolution of the Closed Session meeting. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
There were no reports declassified.
There being no further business, the Chairperson closed the meeting at 6.15 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 30 January 2019.