1.

Apologies

61/19

RESOLVED on the motion of Crs Seckold and Tapscott

That the leave of absence from 11 April 2019 to 22 May 2019 requested by Cr Griff be accepted.

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

Against:                  Nil

Absent:                    Cr Griff

2.

Confirmation of Minutes

62/19

RESOLVED on the motion of Crs Dodds and Tapscott

A motion was moved by Cr Tapscott

1.    That the Minutes of the Ordinary Meeting and Closed session held on 10 April 2019 as         circulated, be taken as read and confirmed.

2.    That the minutes of the Ordinary Council Meeting held on 10 April 2019 be amended to         reflect Cr Tapscott’s absence in voting for Item 11.1 EOI 78/18 For use of the former         manager’s residence at Tura Beach

3.    That the minutes and resolution for Item 11.1 EOI 78/18 For use of the former manager’s         residence at Tura Beach of the Ordinary Council Meeting of 10 April 2019 be amended to         read as follows:

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

Against:                  Nil

Absent:                    Cr Griff

4.1

Deputations received prior to the publication of the business paper

RESOLVED unanimously on the motion of Crs Nadin and Seckold

That the deputations be heard.

Item No 9.1.  Companion Animals Control Areas Procedure 

Ms Karen Joynes was absent from the chamber and did not address the Council.

Ms Ms Evelyn C Levy addressed the Council.

The Mayor thanked Ms Levy for her address.Evelyn C Levy

RESOLVED on the motion of Crs Nadin and McBain

That an additional deputation from Mr Jesson be heard.

In favour:              Crs Fitzpatrick, McBain, Nadin, Allen

Against:                  Crs Bain, Seckold, Tapscott and Dodds

Absent:                    Cr Griff

The Mayor used her casing vote IN FAVOUR and the motion was CARRIED.

Statement by Mayor Kristy McBain – 8 May 2019

Mr David Jesson addressed the Council

The Mayor thanked Mr Jesson for his address.

RESOLVED unanimously on the motion of Crs Nadin and Allen

That Cr Bain receive leave to make a statement in relation to the reasons as to why she voted against Mr Jesson’s address.

Cr Bain made a statement.

A motion was moved by Crs Nadin and McBain

That an additional deputation from Mr Jesson be heard.

In favour:              Crs Fitzpatrick, Nadin, McBain

Against:                  Crs Bain, Seckold, Tapscott, Dodds and Allen

Absent:                    Cr Griff

The motion was put to the vote and it was LOST.

7.1

Review of Council's National Disability Insurance Scheme

A matter of urgent business was raised by Cr McBain.

That Council consider an urgent confidential closed item on Review of Councils National Disability Insurance Scheme Services to be considered as part of the closed session of the meeting noting the following:

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 (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

1.a.    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.

1.b     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).

2.      A report on the item was circulated to Councillors prior to the meeting, however listing of the item in the publicised agenda inadvertently did not occur

3.      That no deputations on the item will be considered on the basis that it relates to personnel information and further noting that both the Code of Meeting Practice and Act are silent on provisions around considering deputations on urgent business items.

Cr Tapscott declared a pecuniary interest regarding confidential closed session Item 1.1 Review of National Disability Insurance Scheme on the basis that her husband is a client of NDIS. A     signed declaration form was tabled by Cr Tapscott for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.

2:21 pm        Cr Tapscott left the meeting.

63/19

RESOLVED on the motion of Crs Nadin and Seckold

1.    That the item be considered urgent

2.    That the item be moved into Closed Session

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

Against:                  Nil

Absent:                    Crs Griff and Tapscott

8.

Adjournment into Standing Committees

There were no reports to Standing Committees

9.1

Companion Animals Control Areas Procedure

A motion was moved by Crs Nadin and McBain

That the matter be dealt with today

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

Against:                  Nil

Absent:                    Crs Griff and Tapscott

Cr Tapscott returned to the meeting 2:23pm

A motion was moved by Crs Nadin and Seckold

1.        That Council note the report.

2.          That Council amends Attachment 6 to add the words “excluding the road reserve and area     west of LFA13” at point 4 of Page 4, and amend WPA4 map on Page 10 accordingly and to     extend LFA9 to include the Aslings Beach footpath, and amend the description in the     report accordingly.

3.        That Council adopts a revised Procedure 4.06.6 – Companion Animals Control Areas             (Attachment 6), which includes amendments to PRR4, LFA3, LFA9 and LFA10 and rescinds             the previous version (Attachment 2).

4.        That Council consider/seek funding for infrastructure requirements to improve accessibility            at leash free areas

The motion was put to the vote and it was CARRIED

64/19

RESOLVED on the motion of Crs Nadin and Seckold

1.        That Council note the report.

2.        That Council amends Attachment 6 to add the words “excluding the road reserve and area            west of LFA13” at point 4 of Page 4, and amend WPA4 map on Page 10 accordingly and to            extend LFA9 to include the Aslings Beach footpath, and amend the description accordingly.

3.        That Council adopts a revised Procedure 4.06.6 – Companion Animals Control Areas             (Attachment 6), which includes amendments to PRR4, LFA3, LFA9 and LFA10 and rescinds             the previous version (Attachment 2).

4.        That Council consider/seek funding for infrastructure requirements to improve accessibility            on leash free areas

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

Against:                  Nil

Absent:                    Cr Griff

9.2

Proposal to Re-establish Alcohol Free Zone Eden Central Business District

65/19

RESOLVED on the motion of Crs Tapscott and Seckold

1.          That Council publicly exhibit the proposed Eden alcohol-free zone for not less than 30 days

2.          That staff prepare a further report to Council following public exhibition.

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

Against:                  Nil

Absent:                    Cr Griff

9.3

LEP clause 4.6 variation

66/19

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.        That Council assume the concurrence of the Secretary of the Department of Planning and Industry in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013 approve a variation to Clause 4.1A to allow the erection of a dwelling on Lot 7 Sec 2 DP 758860.

2.        That Council approve the Development Application subject to the draft Conditions of Consent provided in Attachment 1.

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

Against:                  Nil

Absent:                    Cr Griff

10.1

Request to support the Bridge-ing the Gap campaign

67/19

RESOLVED on the motion of Crs McBain and Seckold

1.        That Council resolve to support the Bridge-ing the Gap Campaign by displaying the hard            copy petition at Council’s Libraries, customer service counter and at the Aboriginal   Lands Councils, promoting the petition through its usual communication channels, and       writing a letter of       support.

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

Against:                  Nil

Absent:                    Cr Griff

12.1

Lease to Pambula Merimbula Golf Club

Cr Fitzpatrick declared a non-pecuniary and less than significant interest regarding Item 12.1 Lease to Pambula Merimbula Golf club on the basis that he is a social member of the club. Cr Fitzpatrick remained in the meeting room and took part in debate and voting on this item.

Cr Tapscott declared a non-pecuniary and less than significant interest regarding Item 12.1 Lease to Pambula Merimbula Golf club on the basis that she is a social member of the club. Cr Tapscott remained in the meeting room and took part in debate and voting on this item.

A motion was moved by Crs Fitzpatrick and Allen

1.   That Council receive and note the report.

2.   That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of five (5) years to Pambula Merimbula Golf Club Limited for their occupation of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula for the purpose of a Golf Course.

3.   That Pambula Merimbula Golf Club Limited be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

4.   That discussions commence with Pambula Merimbula Golf Club Limited in relation to a potential sale of the land

In favour:              Crs Fitzpatrick, Nadin, Tapscott and Allen

Against:                  Crs Bain, McBain, Seckold and Dodds

Absent:                    Crs Griff

The Mayor used her casing vote AGAINST and the motion was LOST.

A motion was foreshadowed by Crs Bain and Seckold

1.   That Council receive and note the report.

2.   That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of five (5) years to Pambula Merimbula Golf Club Limited for their occupation of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula for the purpose of a Golf Course.

3.   That Pambula Merimbula Golf Club Limited be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

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

68/19

RESOLVED on the motion of Crs Bain and Seckold

1.   That Council receive and note the report.

2.   That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of five (5) years to Pambula Merimbula Golf Club Limited for their occupation of Lot 102 DP 1201186 at Arthur Kaine Drive, Merimbula for the purpose of a Golf Course.

3.   That Pambula Merimbula Golf Club Limited be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

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

Against:                  Nil

Absent:                    Cr Griff

12.2

Land Divestment Options - Lot 2 DP 161251 Chandos Street, Eden

69/19

RESOLVED on the motion of Crs Bain and McBain

1.    That Council receive and note the report and attached Vacant Land Review Sheet providing details on individual land parcels this report relates to.

2.    That Council retain ownership of Lot 2 DP 161251 Chandos Street in Eden for Council’s future requirements.

12.3

Former Hotel Australasia

A motion was moved by Crs Tapscott and Dodds

That the matter be deferred for a report to Council at a later date

In favour:              Crs Tapscott, Fitzpatrick and Dodds

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

Absent:                    Crs Griff

The motion was  put to the vote and it was LOST.

A motion was foreshadowed by Crs Nadin and Bain

1.      That item no. 12.3 (or this item ) Former Hotel Australasia be referred to discussion closed session as the matter  of the negotiations relating to the offer meets section 10A (2) of the Act, sub-clause 2(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 to consider this matter in the open meeting would be, on balance, contrary to the public interest as it would potentially disclose private business information provided by tenderers in a confidential tender process and would also impact Council’s bargaining position in relation to its consideration of achieving the best negotiated position for a return on the property.

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

70/19

RESOLVED on the motion of Crs Nadin and Bain

1.        That item no. 12.3 (or this item ) Former Hotel Australasia be referred to discussion closed             session as the matter  of the negotiations relating to the offer meets section 10A (2) of the             Act, sub-clause 2(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 to consider this matter in the open meeting would be, on balance, contrary to the             public interest as it would potentially disclose private business information provided by             tenderers in a confidential tender process and would also impact Council’s bargaining             position in relation to its consideration of achieving the best negotiated position for a             return on the property.

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

Against:                  Cr Tapscott

Absent:                    Cr Griff

12.4

Land Divestment Options - Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

71/19

RESOLVED on the motion of Crs Nadin and Bain

1.    That Council receive and note the report and attached Vacant Land Review Sheet including detail on individual land parcels.

2.    That Council appoint a registered Valuer/valuers, by competitive quotation process, to provide Bega Valley Shire Council with a formal market valuation for Lot 121 DP 847899 Arthur Kaine Drive, Merimbula.

3.    That Council appoint a suitably qualified Real Estate Agent ,by competitive quotation process, to represent Bega Valley Shire Council’s interests in divesting Lot 121 DP 847899 Arthur Kaine Drive, Merimbula by public auction, private treaty or expression of interest.

4.    That Council delegate authority to the General Manager to enter into a suitable agency agreement with the successful Real Estate Agent upon completion of the competitive quotation process for the marketing, sale negotiation and transactional settlement of the above mentioned land parcel.

5.    That all offers be brought back to Councillors for final Resolution.

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

Against:                  Cr Dodds

Absent:                    Crs Griff

12.5

Proposed New Road Name: Hobbs Lane, Wolumla

A motion was foreshadowed by Crs Allen

That Council proceed with the alternate name of Eucalyptus Lane which was selected from Council’s pre-approved list of road names

72/19

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.   That Council approve in principle the proposal to name the new right of carriageway off Mine Lane as Hobbs Lane, should it be the developers preference to seek a change of name from Hobbs Lane to Eucalyptus Lane in the future.

2.   That the Geographical Names Board of NSW be requested to formally Gazette the agreed name following further exhibition if required (either Hobbs Lane or Eucalyptus Lane).

3.   That Council advise all affected property owners and those who made a submission regarding the naming proposal.

4.   That Council review its policy to give consideration to locality based names.

5.   That Council seek to identify options to have the lane re-named Eucalyptus Lane in the future.

6.   That the next significant road in Wolumla be named “Grealy” pending necessary approvals being obtained

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

Against:                  Cr Tapscott

Absent:                    Cr Griff

12.6

RFT 22/19 Supply and Installation of Soft Floor Matting to Bega Valley Saleyard

A motion was moved by Crs Bain and Dodds

That Council accept the recommendations as outlined in the Confidential Attachment.

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

Against:                  Nil

Absent:                    Cr Griff

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

73/19

RESOLVED on the motion of Crs Bain and Dodds

1.           That Council accept the recommendations as outlined in the Confidential Attachment.

2.           That Council accept the tender from RPS Industries Pty Ltd in relation to contract for the            works described in Tender RFT 22/19, in the amount of $578,474.00 (including GST),            subject to variations, provisional sums and prime cost items

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

4.           That a report be prepared for Council on the expenditure on the $1million drought relief            funding

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

Against:                  Nil

Absent:                    Cr Griff

12.7

Bega Valley Local Traffic Committee

74/19

RESOLVED on the motion of Crs Dodds and Seckold

That Council approve the installation of a one-way traffic flow from south to north on the service lane adjacent to Tathra Road, Glebe in Bega.

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

Against:                  Nil

Absent:                    Cr Griff

12.8

Draft BVSC Swimming Pools Strategy

Cr Nadin declared a pecuniary interest regarding Item 12.8 Draft BVSC Swimming Pools Strategy, on the basis that his father is an employee at Pambula Aquatic Centre as a lifeguard.  Cr Nadin departed the meeting , taking no part in debate or voting on this item.

03:45 pm       Cr Nadin left the meeting.

A motion was moved by Crs Allen and Seckold

1.     That Council receive and note the report.

2.     That the Draft Bega Valley Shire Council Swimming Pools Strategy Discussion Paper be placed   on public exhibition for a period of no less than 28 days.

3.    That a Community Consultation Program be undertaken as outlined in the report and that         Council facilitate 6 meetings at the 6 towns where pools currently exist

4.    That it is noted the draft strategy to be exhibited includes financial information that has                   been updated since preparation of this report.

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

Against:                  Nil

Absent:                    Crs Nadin and Griff

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

75/19

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council receive and note the report.

2.    That the Draft Bega Valley Shire Council Swimming Pools Strategy Discussion Paper be placed   on public exhibition for a period of no less than 28 days.

3.    That a Community Consultation Program be undertaken as outlined in the report and that         Council facilitate 6 meetings at the 6 towns where pools currently exist

4.    That it is noted the draft strategy to be exhibited includes financial information that has                   been updated since preparation of this report.

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

Against:                  Nil

Absent:                    Cr Griff

12.9

RFT 72/18 Mattress Collection and Processing

76/19

RESOLVED on the motion of Crs Tapscott and Seckold

1.  That Council reject the tender received in response to RFT 72/18 Mattress Collection and    Processing Services on the basis it poses an unacceptable Work Health and Safety risk.

2.   That Council delegate the General Manager to negotiate with the single tenderer as well as current service provider in relation to mattress collection and processing services with a view to enter into a contract for services for a period that provides the best balance between value for money and optimised resource recovery being the subject of tender 72/18.

3.   That authority be delegated to the General Manager or in the General Manager’s absence, the Director Assets and Operations to execute all necessary documentation following negotiations.

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

Against:                  Nil

Absent:                    Cr Griff

12.10

RFT 17/19 Eden Aerobic Tank Diffuser and Concrete Tank Repairs

A motion was moved by Crs Bain and Seckold

That Council accept the recommendations as outlined in the Confidential Attachment.

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

Against:                  Nil

Absent:                    Cr Griff

The motion was put to the vote and it was CARRIED

77/19

RESOLVED on the motion of Crs Bain and Seckold

1.        That Council accept the recommendations from the attached Confidential report.

2.        That Council accept the tender from Aquatec Maxcon Pty Ltd in relation to contract for             works described in Tender RFT 17/19, in the amount of $262,812.20 (including GST) subject             to variations, provisional sums and prime cost items.

3.        That authority be delegated to the General Manager, or in the General Manager’s absence             the Director Assets and Operations, to execute all necessary documentation.

4.        That all tenderers be advised on Council’s decision.

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

Against:                  Nil

Absent:                    Cr Griff

12.11

Proposed New Road Names: Spanish Oaks Drive and She Oak Close

78/19

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.   That Council approve the proposal to name the two new roads off Kerrisons Lane as Spanish Oaks Drive and She Oak Close.

2.   That the Geographical Names Board of NSW be requested to formally Gazette the two new road names: Spanish Oaks Drive and She Oak Close.

3.   That Council advise all affected property owners and those who made a submission regarding the naming proposal.

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

Against:                  Cr Dodds

Absent:                    Cr Griff

12.12

RFT 06/19 Bega Valley Shire Council Workshop Refurbishment

A motion was moved by Crs Fitzpatrick and Bain

That Council accept the recommendations as outlined in the Confidential Attachment.

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

Against:                  Nil

Absent:                    Cr Griff

The motion was put to the vote and it was CARRIED

79/19

RESOLVED on the motion of Crs Fitzpatrick and Dodds

1.        That Council accept the recommendation as outlined in the Confidential Attachment.

2.        Subject to a financial viability assessment by an independent third party, Council accept the             tender from Edwards Constructions (NSW) Pty Ltd in relation to contract for works   described in tender RFT 06/19, in the amount of $814,650 (including GST), subject to       variations, provisional sums and prime cost items

3.        Should the financial viability assessment for Edwards Constructions (NSW) Pty Ltd be             determined to be unsatisfactory, Council accept the second ranked tender from Davone             Constructions Pty Ltd in relation to contract for works described in tender RFT 06/19, in the             amount of $898,623 (including GST), subject to variations, provisional sums and prime cost             items.

4.        That Council authorise the General Manager to enter into negotiations with the preferred             tenderer or alternate suppliers for the supply and installation of Photovoltaic (PV) Solar             Panels for the Bega Valley Shire Workshop

5.        That any funding shortfall between the cost of supply and installation of PV Solar Panels be             funded out of the Asset Replacement Reserve with the cost to be offset in future years             budgets through operational savings

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

Against:                  Nil

Absent:                    Cr Griff

12.13

Merimbula Service Lane

80/19

RESOLVED on the motion of Crs Nadin and Tapscott

1.    That Council reconfirm its position to take all necessary steps to construct an extension of         the service lane currently under development, servicing the planned Aldi development         running parallel to Main Street in Merimbula; noting that it will now terminate west of         the end of Lot 1 DP 521571 owned by Club Sapphire.

2.    That Council delegate the General Manager to undertake all necessary land exchange and/or acquisition arrangements including parcel creation to facilitate the extension.

3.    That a further separate report be brought to Council to address consideration of transfer of         additional land as referred to in the report.

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

Against:                  Nil

Absent:                    Cr Griff

13.1

Change of Date - Council Meeting

81/19

RESOLVED on the motion of Crs Dodds and Tapscott

That the Council Meeting scheduled for 19 June 2019 be held on 12 June 2019.

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

Against:                  Nil

Absent:                    Cr Griff

14.1

Certificate of Investment

82/19

RESOLVED on the motion of Crs Tapscott and Bain

1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 March 2019.

2.    That Council note the certification of the Responsible Accounting Officer.

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

Against:                  Nil

Absent:                    Cr Griff

15.

Adoption of reports from Standing Committees

There were no reports to standing committees

19.1

Cr Griff Question on Notice - Petition regarding Merimbula Ocean Outfall

A response to Cr Griff’s question on notice was published in the 8 May 2019 meeting agenda.

19.2

Cr Allen Question on Notice - Bega Valley Regional Learning Centre

A response to Cr Allen’s question on notice was published in the 8 May 2019 meeting agenda.

20.1

Popularly Elected Mayor - Community Consultation

Cr Bain asked in relation to  a plebiscite for a popularly elected mayor, what communication was had with the community on the question whether or not residents of the Bega Valley Shire would like to have such a choice.

The Acting General Manager responded on behalf of Council staff, indicating that no work was undertaken in seeking the community views on the matter.

Cr Bain then asked if the same question could be asked of Councillors.

Cr McBain responded that she has personally had conversations with several people regarding their views on the matter.

20.2

Tathra Lifeguard Service

Cr McBain provided background information on the Tathra Lifeguard Service.

For several years Tathra has received a paid lifeguard service that has extended through February.

Funding for this additional service had been provided through a range of mechanisms during the time it has been in place, most recently being provided by Australian Lifeguard Services at no cost as support to the community following the 2018 bushfires.

With no ongoing funding source available, Council has been approached by business owners within the Tathra community to consider options to provide an ongoing extended service to the Tathra community.

There is a combination of paid and volunteer arrangements currently in place across the shire with some slight variations in seasonal arrangements.

Cr McBain asked that staff provide a report to Council that includes the following:

·        Statistics from the most recent lifeguard season as well as prior seasons where information is readily available that incorporates cost of services, paid services provided, volunteer services provided, number of rescues, number of beach visitations at patrolled sites across the shire

·        Recommendations on distribution of services based on feedback from service providers (both volunteer and paid)

·        Cost of additional services including continuation of services throughout Tathra in February as well as prioritised recommendations from service providers

·        Funding options to facilitate any recommended additional services outside those currently funded

The question was taken on notice by the Acting General Manager.

Adjournment Into Closed Session

83/19

RESOLVED on the motion of Crs Allen and Nadin

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

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 (d) the    report contains commercial information of a confidential nature that would, if disclosed (i)           prejudice the commercial position of the person who supplied it; or (ii) confer a commercial         advantage on a competitor of the Council; or (iii) reveal a trade secret.

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).

1.    That item no. 12.3 (or this item ) Former Hotel Australasia be referred to discussion closed            session as the matter  of the negotiations relating to the offer meets section 10A (2) of the           Act, sub-clause 2(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 to consider this matter in the open meeting would be, on balance, contrary to the public     interest as it would potentially disclose private business information provided by tenderers in   a confidential tender process and would also impact Council’s bargaining position in relation             to its consideration of achieving the best negotiated position for a return on the property.

4:25 pm        Cr Tapscott left the meeting.

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

Against:                  Nil

Absent:                    Crs Griff and Tapscott

22.1

Review of Council's National Disability Insurance Scheme Services

RESOLVED on the motion of Crs Allen and Seckold

1.   That Council continues to provide National Disability Insurance Scheme (NDIS) services for a further three (3) years (until June 2022) on a no nett cost basis to Council’s General Fund.

2.   That Council seeks NDIS accreditation through the NDIS Quality and Safeguards Commission during 2019.

3.   That Council reassess future provision of NDIS services in March 2022.

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

Against:                  Nil

Absent:                    Crs Griff and Tapscott

22.2

Former Hotel Australasia

RESOLVED on the motion of Crs Bain and Nadin

1.        That Council delegate the Mayor and General Manager to negotiate a draft deed with the             offeree for the sale of 142 – 144 Imlay Street, Eden (former Hotel Australasia) on the basis             of the previous deed of sale with the following additional items to be included:

·        The sale price as offered

·        The option for use of the top floor for a community purpose for a token agreed rent for 10 years (commencing at the time of occupation), with an option to extend, and with fit out to be at the occupant’s cost with a suitable and compliant building shell to be provided by the offeree

·        The previous deed be modified to potentially accommodate both vehicular and pedestrian access on the existing laneway

2.        That Council does not support a contribution towards access to the upper floor

3.    That should these terms be acceptable to the offeree Council initiates a feasibility study and         community engagement process to determine an appropriate community use of the top floor         of the building.

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

Against:                  Crs Tapscott and Dodds

Absent:                    Crs Griff