Ordinary  Meeting Minutes

Held on Wednesday 20 February 2019

At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega Commencing at 2.00 pm

 


 Present

Cr 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 Attendance

General 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

 

 

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, attendees 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 visitors of the public gallery’s 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.

1.

Apologies

 

There were no apologies.

 

 

2.

Confirmation of Minutes

24/19

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That the Minutes of the Ordinary Meeting and Closed session held on 30 January 2019 as circulated, be taken as read and confirmed.

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

Against:                  Crs Griff and Tapscott

 

 

3.          Declarations

There were no declarations of interest.

4.        Deputations (by prior arrangement)

4.1

Request to address Council received following finalisation of the Agenda

 

The following requests to address Council were received after finalisation of the Agenda:

Item No 11.2 Land Divestment Options

•     Mr David Jesson

Item No 13.1 Proposed divestment of land to Quaama Men's Shed Incorporated      

•     Mr John Preston on behalf of the Quaama’s Men’s Shed (authority received)

Item No 17.1 Cr Sharon Tapscott - with Crs Dodds and Seckold Rescission and alteration motion Australasia Hotel

•     Mr Julian Webb on behalf of the Eden Community Access Centre (authority received)

•     Ms Karen Lott

•     Ms Jenny Robb

RESOLVED unanimously on the motion of Crs Nadin and Dodds

That the deputations be heard.

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.

Mr Jesson responded to questions from Councillors.

The Mayor thanked Mr Jesson for his address.

Mr Preston addressed the Council.

RESOLVED unanimously on the motion of Crs Tapscott and Dodds

That Mr Preston be granted an additional two minutes to complete his address.

Mr Webb addressed the Council.

The Mayor thanked Mr Webb for his address.

 

RESOLVED unanimously on the motion of Crs Nadin and Seckold

That Standing Orders be suspended to allow Item 14.1 Presentation by Audit Office of New South Wales 2017-18 Findings to be brought forward.

14.1

Presentation by NSW Audit Office of 2017-18 Findings

 

Mr Marco Monaco presented to Council the Audit Office of New South Wales 2017-18 findings and responded to questions from Councillors.

25/19

RESOLVED on the motion of Crs Nadin and Griff

That Council note the Auditors presentation and the additional information in the Annual Financial Reports.

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

Against:                  Nil

 

RESOLVED unanimously on the motion of Crs Tapscott and Seckold

That Standing Orders be resumed to allow the continuation of the Deputations.

Ms Lott addressed the Council.

Ms Lott responded to questions from Councillors.

The Mayor thanked Ms Lott for her address.

Mrs Robb addressed the Council.

RESOLVED unanimously on the motion of Crs Seckold and Tapscott

That Mrs Robb be granted an additional two minutes to complete her address.

Mrs Robb responded to questions from Councillors.

The Mayor thanked Mrs Robb for her 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

 

9.          Staff Reports – Planning and Environment

                      There were no Planning and Environment reports.

10.        Staff Reports – Community, Culture and Leisure

                        There were no Community, Culture and Leisure reports.

11.        Staff Reports – Economic Development and Business Growth

 

11.1

VIC Licence Agreement Renewals

26/19

RESOLVED on the motion of Crs Allen and Nadin

1.      That Council approve a further one year Licence to Bermagui Area Chamber of Commerce and Tourism for their continued occupation of space within the Bermagui Community Centre, for the Crown Lands minimum Annual Licence fee commencing from 1 July 2019.

2.      That Council approve a further one year Licence to Eden Tourism for their continued occupation of space within the Eden Gateway Centre, for the minimum Annual Licence fee as per Council’s Fees and Charges commencing from 1 July 2019.

3.      That Council as Crown Land Manager of the Merimbula Beach (R97406) Reserve, approve a further one year Licence to Merimbula Tourism Incorporated for their continued occupation of the Merimbula Visitor Information Centre building, for the Crown Lands minimum Annual Licence fee commencing from 1 July 2019.

4.      That authority be delegated for the Mayor and General Manager to execute the above Licence Agreements.

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

Against:                  Nil

 

11.2

Land Divestment Options

27/19

RESOLVED on the motion of Crs Nadin and Fitzpatrick

That the matter be deferred for a separate report to Council with locations reported individually.

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

Against:                  Nil

 

11.3

Infrastructure Prospectus Update and Election Priorities

28/19

RESOLVED on the motion of Crs Allen and Bain

1.         That Council note the status of the projects listed in the Infrastructure Prospectus version One, December 2017.

2.         That Council note the election brochure prepared to present policy and project priorities to State and Federal candidates in the upcoming State and Federal elections.

3.         That Council note that projects listed in the prospectus that have not been funded will continue to be progressed for suitable funding opportunities.

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

Against:                  Nil

 

12.        Staff Reports – Infrastructure Waste and Water

 

12.1

Bega Valley Local Traffic Committee

29/19

RESOLVED on the motion of Crs Bain and Allen

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

0602.RSP.001 – Berrambool Sporting completion car park – Installation of sign

Recommendation

1.      That Council approves the relocation of the two existing accessible car spaces to the north eastern corner of the Berrambool Sporting Complex car park.

0602.AP.009 - Installation of accessible parking Bemboka Bicentennial Playground, Hoskins Street.

Recommendation

1.      That Council approves the installation of an accessible car space and shared zone in Hoskins Street, Bemboka as indicated on the draft Concept Plan.

0602.SE.008 - Mother’s Day fun run – Sunday, 12 May 2019

Recommendation

1.      That the proposed arrangements involving public footpaths contained in road reserves in Main Street, Beach Street, Market Street, Fishpen Road, Marine Parade and Ocean Drive, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 12 May 2019 be deemed a Class 2 Special Event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual.

2.      That the proposed arrangements involving road crossings at the Fishpen Road/Marine Parade intersection, Marine Parade/Chapman Avenue intersection, Fishpen Road/Calendo Court intersection and Fishpen Road/Burton Avenue intersection, Merimbula for the Merimbula Mother’s Day Classic Fun Run on Sunday, 12 May 2019 be supervised by Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do no impact on traffic flow.

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

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

5.      That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and NSW Roads and Maritime Services by name for the event.

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

7.      That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

8.      That event organiser liaises with public transport operators

 

0602.SE.002 - ANZAC Day March and Service 2019 – Candelo

Recommendation

1.      That the proposed traffic arrangements for the Candelo RSL Sub Branch ANZAC Day March and Service on Thursday, 25 April 2019 be approved and deemed a Class 2 Special Event.

2.      That the section of William Street, Candelo between the intersections of Eden Street and Queen Street be temporarily closed on Thursday, 25 April 2019 for the Candelo RSL Sub Branch ANZAC Day March and Service, in accordance with Traffic Control Plan.

0602.SE.004 - ANZAC Day March & Service 2019 – Merimbula and Pambula

Recommendation

1.      That the proposed traffic arrangements for the Merimbula RSL Sub Branch ANZAC Day Dawn Service, March and Service in Merimbula on Thursday, 25 April 2019 be approved and deemed a Class 2 Special Event.

2       That the proposed traffic arrangements for the Merimbula RSL Sub Branch ANZAC Day March and Service in Pambula on Thursday, 25 April 2019 be approved and deemed a Class 1 Special Event.

3.      That sections of Main Street, Market Street and Beach Street, Merimbula and Quondolo Street (Princes Highway), Pambula be temporarily closed on Thursday, 25 April 2019 for the Merimbula RSL Sub-Branch ANZAC Day Dawn Service, March and Service in Merimbula and March and Service in Pambula, in accordance with the Traffic Control Plans.

4.      The Road Occupancy Licence requires the determination by the NSW Roads and Maritime Services.

0602.SE.005 - ANZAC Day March and Service 2019 – Cobargo

Recommendation

Pending receipt of the appropriate documentation

1.      That the proposed traffic arrangements for the Cobargo RSL Sub Branch ANZAC Day March on Thursday, 25 April 2019 be approved and deemed a Class 1 Special Event.

2.      That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Thursday, 25 April 2019 for the Cobargo RSL Sub Branch ANZAC Day March, in accordance with Traffic Control Plan.

3.      The Road Occupancy Licence requires the determination by the NSW Roads and Maritime Services.

0602.SE.003 - ANZAC Day March and Service 2019 – Eden

Application Pending.  To date we have not received the paperwork for the Eden ANZAC day march.    The following recommendations will only be approved if the information remains the same as previous years.

The submission will be for the 2019 ANZAC Day Service in Eden.  The participants will assemble from 10.30am, with the March to proceed between 10.45am and 11.00am along Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden.

Recommendation

Pending receipt of the appropriate documentation:

1.      That the proposed traffic arrangements for the Eden RSL Sub Branch ANZAC Day March on Thursday, 25 April 2019 be approved and deemed a Class 2 Special Event.

2.      That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Thursday, 25 April 2019 for the Eden Sub Branch ANZAC Day March, in accordance with the Traffic Control Plans.

0602.SE.006 - ANZAC Day March and Service 2019 – Bega, Tathra and Bemboka

Recommendation

Pending receipt of the appropriate documentation:

1.      That the proposed traffic arrangements for the Bega RSL Sub Branch ANZAC Day March and Service in Bemboka be approved and deemed a Class 1 Special Event.

2.      That the proposed traffic arrangements for the Bega RSL Sub Branch ANZAC Day Dawn Service, March and Service in Bega, ANZAC Day March and Service in Tathra be approved and deemed a Class 2 Special Event.

3.      That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra be temporarily closed on Thursday, 25 April 2019 for the Bega RSL Sub Branch ANZAC Day proceedings, as per the Traffic Control Plans.

4.      The Road Occupancy Licence for the Snowy Mountains Highway requires the determination by the NSW Roads and Maritime Services.

0602.SE.010 – ANZAC Day March and Service 2019 – Bermagui

Recommendation

1.      That the proposed traffic arrangements for the Bermagui RSL Sub Branch ANZAC Day March on Thursday, 25 April 2019 be approved and deemed a Class 1 Special Event.

2.      That sections of Lamont Street from Wallaga Street to Pacific Drive, Bermagui be temporarily closed on Thursday, 25 April 2019 for the Bermagui RSL Sub Branch ANZAC Day March, in accordance with Traffic Control Plan.

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

Against:                  Nil

 

12.2

Sportsground Site Committees

30/19

RESOLVED on the motion of Crs Tapscott and Griff

1.    That Council receive and note the report.

2.    That Council reinforce the requirements of the adopted Sportsground site committee Guidelines 2018 particularly with reference to provision of meeting minutes to Council.

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

Against:                  Nil

 

12.3

S355 General Community Hall Committee request for the provision of financial statements

31/19

RESOLVED on the motion of Crs Bain and Nadin

That Council provide quarterly and end of year financial statements to each of the eighteen (18) Community Hall Committees as soon as the end of financial year processes have been completed through the Business and Governance Directorate.

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

Against:                  Nil

 

12.4

RFT 77/18 Tathra Everyone Can Play Inclusive Playspace

32/19

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.      That due to pricing submitted through the tender process being outside of the project budget, Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005.

2.      That the project designers and the Department of Planning undertake a review of the project scope and provide recommendations to amend the scope of the project to deliver on the objectives, while reducing costs to meet the project budget.

3.      That authority is delegated to the General Manager to enter into negotiation with tenderers on an amended scope for the project, with a view to reviewing the project scope and construction pricing to bring the cost to within the project budget and entering into a contract in relation to the subject matter of the tender as per Clause 178 (3) (e) of the Local Government (General) Regulation 2005.

4.      That authority is delegated to the General Manager to execute all necessary documentation.

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

Against:                  Nil

 

13.        Staff Reports – Governance and Strategy

 

13.1

Proposed divestment of land to Quaama Men's Shed Incorporated

 

RESOLVED unanimously on the motion of Crs Fitzpatrick and Allen

That the matter be dealt with today.

 

33/19

RESOLVED on the motion of Crs McBain and Fitzpatrick

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 with a positive covenant or appropriate mechanism restricting the use of the land to community purposes.

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

 

 

13.2

Local Government Amendment (Governance
and Planning) Bill 2016 | Acceptance of Tenders

 

A motion was moved by Crs McBain and Tapscott.

That the matter be deferred.

It was put to the vote and LOST.

In favour:             Crs McBain, Seckold, Tapscott and Dodds

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

 

A motion was foreshadowed by Crs Fitzpatrick and Allen

That Council note the report and disregard the officer’s recommendation and leave the process as is with tenders being reported to Council.

It was put to the vote and CARRIED.

34/19

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council note the report and disregard the officer’s recommendation and leave the process as is with tenders being reported to Council.

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

Against:                  Crs Tapscott and Dodds

 

 

13.3

Council membership of peak bodies and associations

 

RESOLVED on the motion of Crs Allen and Bain

That each membership be dealt with individually.

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

Against:                  Cr Dodds

 

A motion was moved by Crs Nadin and Bain

1.    That Council withdraw from the Local Government New South Wales Association (LGNSW – previously NSW Shires Association).

2.    That Council refer this membership to the Canberra Regional Joint Organisation (CRJO) for their consideration on becoming an affiliate member.

It was put to the vote and LOST.

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

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

 

A motion was foreshadowed by Crs Dodds and Seckold

1.      That Council retain membership of Local Government New South Wales Association (LGNSW – previously NSW Shires Association).

2.      That Council refer the Local Government New South Wales Association (LGNSW – previously NSW Shires Association) membership to the Canberra Region Joint Organisation (CRJO) for discussion among member Councils as to the benefits of having the CRJO as an affiliate member.

It was put to the vote and CARRIED.

 

RESOLVED unanimously on the motion of Crs Dodds and Seckold

That Council note the membership of Australian Local Government Association (ALGA).

 

RESOLVED unanimously on the motion of Crs Bain and Nadin

That Council retain the membership of the Country Mayors Association

It was put to the vote and CARRIED.

 

A motion was moved by Crs Griff and Dodds

That Council retain the membership of the Australian Coastal Council.

It was put to the vote and CARRIED.

A motion was foreshadowed by Crs Nadin

That Council withdraw membership from the Australian Coastal Council.

A motion was moved by Crs McBain and Tapscott

1.      That Council defer this membership item South East Australian Transport Strategy (SEATS).

2.      That Council refer the South East Australian Transport Strategy (SEATS) membership to the Canberra Region Joint Organisation (CRJO) for discussion among member Councils as to the benefits of having the CRJO as an affiliate member.

It was put to the vote and LOST.

In favour:             Crs McBain, Seckold, Tapscott and Dodds

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

A motion was foreshadowed by Crs Bain and Nadin

1.      That Council withdraw this membership item South East Australian Transport Strategy (SEATS).

2.      That Council refer the South East Australian Transport Strategy (SEATS) membership to the Canberra Region Joint Organisation (CRJO) for discussion among member Councils as to the benefits of having the CRJO as an affiliate member.

It was put to the vote and CARRIED.

35/19

RESOLVED on the motion of Crs Nadin and Griff

That Council retain its membership of the Canberra Regions Joint Organisation.

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

Against:                  Nil

36/19

RESOLVED on the motion of Crs Dodds and Seckold

1.    That Council retain membership of Local Government New South Wales Association (LGNSW – previously NSW Shires Association).

2.    That Council refer the Local Government New South Wales Association (LGNSW – previously NSW Shires Association) membership to the Canberra Region Joint Organisation (CRJO) for discussion among member Councils as to the benefits of having the CRJO as an affiliate member.

IN FAVOUR:             Crs Griff, McBain, Seckold, Tapscott and Dodds

AGAINST:                 Crs Fitzpatrick, Bain, Nadin and Allen

37/19

RESOLVED on the motion of Crs Nadin and Dodds

That Council retain membership of the Australian Local Government Women’s Association (ALGWA) NSW Branch.

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

Against:                  Nil

38/19

RESOLVED on the motion of Crs Griff and Dodds

That Council retain the membership of the Australian Coastal Council.

IN FAVOUR:             Crs Griff, McBain, Seckold, Tapscott and Dodds

AGAINST:            Crs Fitzpatrick, Bain, Nadin and Allen

 

RESOLVED on the motion of by Crs Bain and Nadin

That Council retain the membership of the Country Mayors Association.

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

Against:                  Nil

 

RESOLVED on the motion of by Crs Bain and Nadin

1.      That Council withdraw this membership item South East Australian Transport Strategy (SEATS).

2.      That Council refer the South East Australian Transport Strategy (SEATS) membership to the Canberra Region Joint Organisation (CRJO) for discussion among member Councils as to the benefits of having the CRJO as an affiliate member.

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

Against:                  Crs Seckold and Tapscott

 

14.        Staff Reports – Finance

                     There were no Finance reports.

15.

Adoption of reports from Standing Committees

 

There were no reports to standing committees

16.      Councillor Reports

                   There were no Councillor reports.

17.      Rescission/alteration Motions

 

17.1

Cr Sharon Tapscott with Crs Dodds and Seckold Rescission and alteration motion Australasia Hotel

 

RESOLVED unanimously on the motion of Crs Allen and Nadin

That the matter be dealt with today.

RESOLVED unanimously on the motion of Crs Nadin

That the motion be put.

 

A motion was moved by Crs Tapscott and Dodds

That Council rescind Resolution 8/19, Item 12.7 Former Hotel Australasia adopted at the Council meeting of 30 January 2019.

It was put to the vote and CARRIED.

An alternative motion was moved by Crs Tapscott and Seckold

1.      That Council note the report to the meeting of 30 January 2019.

2.      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 30 January 2019 Council’s meeting.

3.      That Council staff prepare a report on potential funding opportunities, including the election promise by Country Labor.

4.      That prior to any finalisation of a sale the matter be reported to Council for final consideration.

5.      That Council return the sign “Biancas Restaurant” to the family of George and Bianca Scolaro at no cost to Council.

Crs Tapscott and Seckold accepted Cr McBain’s amendments to the alternative motion.

Point of Order

A point of order was called by Cr Tapscott regarding Cr Nadin deferring from the motion at hand.

The Mayor ruled in favour of the point order.

The motion was put to the vote and CARRIED

A motion was foreshadowed by Crs Nadin

1.    That Council receive and note the report.

2.    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 30 January 2019 Council’s meeting

3.    That Council hereby authorise its Official Seal to be affixed to the contract documents under the signature of the Mayor and General Manager. 

4.    That Council return the sign “Biancas Restaurant” to the family of George and Bianca Scolaro.

 

39/19

RESOLVED on the motion of Crs Tapscott and Dodds

Rescission Motion

That Council rescind Resolution 8/19, Item 12.7 Former Hotel Australasia adopted at the Council meeting of 30 January 2019.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

 

 

RESOLVED on the motion of Crs Tapscott and Seckold

1.       That Council note the report to the meeting of 30 January 2019.

2.       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 30 January 2019 Council’s meeting.

3.       That Council staff prepare a report on potential funding opportunities, including the election promise by Country Labor.

4.       That prior to any finalisation of a sale the matter be reported to Council for final consideration.

5.       That Council return the sign “Biancas Restaurant” to the family of George and Bianca Scolaro at no cost to Council.

IN FAVOUR:             Crs Griff, McBain, Seckold, Tapscott and Dodds

AGAINST:                 Crs Fitzpatrick, Bain, Nadin and Allen

 

18.      Notices of Motion

                   There were no notices of motion.

19.      Questions On Notice

                   There were no questions on notice.

20.        Questions for the Next Meeting

20.1

Pambula Sporting Complex

 

Cr Fitzpatrick asked that the committee of Pambula Sporting Complex if the Council have an update on the progress of the facilities at the Pambula Complex.  They are concerned about the lack of funding or development. Many members of the committee and the multitude of user groups have been actively and fruitlessly involved in the Master Plan development since 2012. As a group they hoped the Master Plan was developed to provide a strategic direction for Council for the designated Regional Facility. Instead, seeing the progressing of other projects at Eden, Tathra, Wolumla, Bermagui and Berrambool, the Master Plan can only be viewed as a millstone. The big picture project is preventing incremental development at Pambula, and they are unable to cater for the changing and dynamic nature of user requirements since the Plan was first instigated. They would like to know why other non-regional grounds are progressing ahead of them, and what immediate plans Council have to progress Pambula, as waiting 7 years for anything to happen at a very actively run and used facility is unsatisfactory.

The Director Assets and Operations advised that Council currently has a grant application under consideration with the regional sporting infrastructure fund for the delivery of the Pambula sporting complex master plan and as yet Council has not received any formal notification as to the outcome. Once a decision is known on the funding application Council will either commence planning for delivery of the master plan as one large project if successful or alternatively commence developing staging plans to allow smaller amounts of money to be sought to gradually improve the site. It is expected and hoped a decision should be known before the State election.

In relation to funding at other sites, some projects have received funding through the Stronger Country Communities fund specifically targeted at smaller scale projects than the overall master plan as well as through other grants. As an example lighting upgrades at Berambool received funding through an application lodged to the NSW Government by the AFL and also financially supported by them.

 

20.2

Oregon Street and Silver Gull Lane, Pambula

 

Cr Fitzpatrick asked if the residents of Oregon Street and Silver Gull Lane Pambula could be updated on when road improvements will occur?

The Director Assets and Operations indicated he was unable to advise as to whether the projects were included in previous programs which would require further research.  He advised that staff are working on the draft budget for the 2019/20 financial year and as it stands there is a laneway renewal program that would include these projects. Obviously the budget will not be finalised until the end of June after adoption by Council at which time a definite answer can be provided as to whether they will be completed in the upcoming financial year.

 

20.3

Eden refugee sign theft

 

Cr Nadin asked for an update on the investigation into the theft of Council's Eden Welcome Refugee sign; and if it will be replaced and at what cost?  He also asked how the sign came to read "Refugees and Asylum seekers" and not just "Refugees".

The Director Community Environment and Planning advised that matter has been reported to Police and Council has not received any update on the investigation.  The intention is to replace the sign in accordance with Council’s resolution .  In relation to the wording there was consultation with the relevant agencies in relation to the specific wording and colour coding.

The question on cost is taken on notice.

 

20.4

Climate Change Strategy

 

Cr Griff noted there is rising community momentum around renewable energy and climate action spearheaded by Clean Energy for Eternity.  Can Council have an approximate timing for delivery of Council’s draft updated Climate Change Strategy?

The Director Community Environment and Planning advised it is the intention to deliver a draft Climate Change Strategy in this calendar year.  There will be a Councillor briefing session organised for the 24 April to discuss the project plan and seek direction from Council about the content of that plan.

 

Leave for Statement

RESOLVED unanimously on the motion of Crs Tapscott and Griff

Cr Dodds made a statement in relation to her deep gratitude towards the staff of the Tathra and District Fire Recovery Support Service for their compassion and understanding for the communities that have suffered.

 

20.5

Fish Kills in Wallagoot Lake

 

Cr Bain said with the significant recent fish kills in Wallagoot Lake has there been any regular checks around the National Park camping area which she understands was full at Christmas time.  Why is there still (as of yesterday) dead fish lying and rotting in the waterways?  Has there been regular checks prior to the fish kills over the camping area by Council?

The Director Community Environment and Planning advised that Council staff have been in regular contact with the National Parks and Wildlife (NPWS) and Department of Primary Industries and Fisheries (DPI Fisheries).  Staff understand the incident resulted from very low water level in the lake, which generated high temperature in the lake water body. The high  temperature combined with and then a high rainfall event, which lead to a reduction in the dissolved oxygen within the water body. This affected two marine species, with the result of the death of some of those marine species. Staff and officers from NPWS and DPI Fisheries have been inspecting on almost a daily basis over the last ten days.

Current report today from DPI Fisheries is the water quality is improving and that there are no new deaths associated with the initial incident.  NPWS has advised all camp bookings of the incident and posted signs that it is not recommended to swim in the water for the time being.

NPWS has decided not to mechanically remove the dead fish from the foreshore as visual inspections indicate that natural processes are decomposing those fish.  NPWS will remove the signs once the remainder of those fish have been removed from the foreshore by natural process.

Staff are not aware of any human-induced impacts that have led to the fish kill, such as a sewerage overflow. She will take on notice the question of how recently Council has inspected NPWS’s sewage management system.

 

20.6

Retaining wall behind the Bega Valley Regional Learning Centre

 

Cr Allen asked about the retaining wall behind the Bega Valley Regional Learning Centre Merimbula being part of the original building assessment prior to purchase?

The Director Assets and Operations answered that he was unable to find any records that specifically referred to the retaining wall prior to purchase.

 

20.7

Plumb Motors site for car parking

 

Cr Allen asked about the Plumb Motors site is being used as a car parking area. Can you provide to Council the cost to prepare it as a car parking area?

The General Manager advised it is on the list for the quarterly budget review on 27 February 2019 report at the Council meeting.

In relation to opening up the site for the weekend it may be possible to have staff assess that, but there would not be any works done for the weekend.

The Director of Assets and Operations advised that Council should not endorse the use as a public space but will investigate the need to keep the fencing up as it stands at the moment.

 

RESOLVED on the motion of Crs Bain and Nadin

That Mr Jesson address Council.

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

Against:                  Cr Seckold

Mr Jesson addressed Council.

RESOLVED on the urgency motion of Crs Nadin and Griff

To declassify the confidential attachment Item 11.2 Land Divestment Options – Vacant Land Review 2019 with appropriate redactions.

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

Against:                  Crs Fitzpatrick, Bain, Dodds and Allen

 

21.        Confidential Business

 

 

Adjournment Into Closed Session

40/19

RESOLVED on the motion of Crs Griff and Seckold

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

21.1    Code of Conduct Matter 04/18

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 and (i) the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

21.2    Code of Conduct Matter 06/18

Reason for Confidentiality

1.     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 and (i) the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

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, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

RESOLVED unanimously on the motion of Crs Nadin and Tapscott

That Council adjourn for ten minutes commencing at 5.39 pm.

5.39 pm Senior staff left the meeting.

The recording of the meeting ceased for the period of the Closed Session of Council.

7.15 pm         The Ordinary Meeting was reconvened.

Statement of Re-Commencement of Live Streaming

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.      Adoption of reports from Closed Session

22.1

Code of Conduct Matter 04/18 and 06/18

 

RESOLVED on the motion of Crs Allen and Nadin

That the consideration of matters for the Closed Session Meeting be noted.

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

Against:                  Cr Griff

Absent:                    Cr Bain

ABSTAINED:             Cr Dodds

 

23.      Resolutions to declassify reports considered in closed session

23.1

Declassify confidential attachment

 

RESOLVED on the urgency motion of Crs Nadin and Griff

To declassify the confidential attachment Item 11.2 Land Divestment Options – Vacant Land Review 2019 with appropriate redactions.

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

Against:                  Crs Fitzpatrick, Bain, Dodds and Allen

 

Closure

There being no further business, the Chairperson closed the meeting at 7.16 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 20 February 2019.