1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

60/19

RESOLVED on the motion of Crs Bain and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 8 May 2019 as circulated, be taken as read and confirmed.

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

Against:                  Nil

4.1

Deputations

The following requests to address Council have been received regarding:

Item 12.3 Community Project Proposals

·         Ms Jasmine Ventura on behalf of a Cobargo volunteer non-profit community group (Authority received)

·         Mr Geoff Steel, on behalf of the Bermagui Community Forum Management Committee (Authority received) – Proposing an amended Officer’s Recommendation

·         Ms Lara Crew, on behalf of the Bermagui and District Netball Association (Authority received)

Item 12.4 Hanscombe Creek and Johnston Creek Bridges, Garfields Road, Numbugga

·         Mr Phil Chadwick on behalf of himself and Barry and Nola Hergenhan (Authority received) – Against the Officer’s Recommendation

Item 13.1 Candelo Town Hall/Café building

·         Ms Sandie Rocca

RESOLVED unanimously on the motion of Crs Griff and Nadin.

That the deputations be heard.

Mr Steel addressed the Council and responded to questions from Councillors.

The Mayor thanked Mr Steel for his address.

Ms Lara Crew addressed the Council and responded to questions from Councillors.

The Mayor thanked Ms Crew for her address.

Ms Jasmine Ventura addressed Council.

RESOLVED unanimously on the motion of Crs Griff and Seckold.

That Ms Ventura be granted an additional two minutes to complete her address.

Ms Ventura responded to questions from Councillors.

The Mayor thanked Ms Ventura for her address.

Mr Chadwick addressed Council.

RESOLVED unanimously on the motion of Crs Fitzpatrick and Bain.

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

Mr Chadwick responded to questions from Councillors.

The Mayor thanked Chadwick for his address.

Ms Rocca addressed Council and responded to questions from Councillors.

The Mayor thanked Ms Rocca for her address.

6.1

Emergency Services Levy increase

61/19

RESOLVED on the motion of Crs McBain and Nadin

A.  That Council Notes:

a.   That last December, the NSW Government enacted laws to provide better workers compensation coverage for firefighters who are diagnosed with one of twelve specific work-related cancers

b.  That in many areas of NSW, fire services are made up of elected officials and employees of local government, and the local government sector strongly support this expanded workers’ compensation scheme

c.   That as a result of these changes, the State Government has decided to implement the new scheme by charging the local government sector an increased Emergency Services Levy, without consultation

d.  That the expected increase in costs to local government will be $19m in the first year alone, and there is little or no time to enshrine this charge in Councils 2019/2020 budgets

e.  That Local Government NSW has long advocated for the Emergency Services Levy to be significantly modified to ensure it is transparent, equitable and accountable.

B: That Council support Local Government NSW’s calls for:

a.   the NSW Government to cover the initial additional $19m increase to the local government sector for the first year and

b.  the NSW Government to work with NSW local government sector to redesign the funding mechanism for the scheme to ensure fairness into the future.

C. That the General Manager liaise with Local Government NSW to provide information on:

a.   The impact on Bega Valley Shire Council budgets and

b.  Council advocacy actions undertaken.

D: That Bega Valley Shire Council, through the Mayor:

a.   Write to the NSW Premier, NSW Interim Opposition Leader, NSW Minister for Customer Services, NSW Minister for Emergency Services, Minister for Local Government, Shadow Minister for Local Government, and local State Government Member/s to:

i. call upon the NSW Government to fund the 12 months of this extra cost rather than requiring Councils to find the funds at short notice when budgets have already been allocated.

ii. explain how this sudden increase will impact Council services / the local community.

iii. highlight that Councils were not warned of the increased cost until May 2019, despite the new laws being passed in November 2018.

iv. explain that the poor planning and implementation of the increase is inconsistent with the NSW Government’s commitment to work in partnership with the sector.

vi. ask the NSW Government to work with local government sector to redesign the implementation of the scheme to ensure it is fairer for Councils and communities into the future.

b. Provide a copy of the letter to Local Government NSW.

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

Against:                  Nil

8.

Adjournment into Standing Committees

There were no reports to Standing Committees

9.1

Amendment to Development Control Plan 2013 - Specific Sites at Wolumla

62/19

RESOLVED on the motion of Crs Tapscott and Bain

1.      That the proposed amendment to Section 7 of Bega Valley Development Control Plan 2013 (Attachment 1) be placed on public exhibition for a period of 28 days.

2.    That each affected land owner is notified of the proposed amendment.

3.    That a further report be provided to Council if there are any substantial changes to the Development Control Plan 2013 arising from public exhibition of the Plan.

4.    That, if no substantial changes arise from public exhibition, these amendments to the Development Control Plan 2013 be adopted after the close of the public exhibition period.

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

Against:                  Nil

11.1

EOI 30/19 Lease of lower level of Tathra Wharf

Cr Seckold declared a significant non pecuniary interest regarding Item 11.1, EOI 30/19 Lease of lower level of Tathra Wharf on the basis that she is an active committee member of the Pig and Whistle, the lessee of the upper level of the Tathra Wharf.  She is a close friend of a possible tenant who may operate the lower level having worked on projects together. 

03:21 pm       Cr Seckold left the meeting.

RESOLVED unanimously on the motion of Crs Dodds and Griff

That Council receive and note this report and Confidential Report attached.

63/19

RESOLVED on the motion of Crs Dodds and Griff

1.      That Council accepts the Expression of Interest (EOI) submission from The Wharf Local as detailed in their EOI submission.

2.      That subject to determination of the Aboriginal Land Claim and a Native Title assessment, Council as Crown Land Manager of Tathra Wharf Reserve (R180056), approve a further ten year lease to the Wharf Local for their continued occupation of the lower level of Tathra Wharf for an annual rental fee as determined by a formal market valuation and increased annually by CPI.

3.      That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of ten years.

4.      That Council authorise the General Manager and Mayor to enter into negotiations with the second applicant, should the successful applicant decide not to accept Council’s conditions, in relation to lease responsibilities.

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

Against:                  Nil

Absent:                    Cr Seckold

12.1

RFT 01/19 Timber, RFT 02/19 Steel and RFT 03/19 Concrete and Civil - Tathra Headland Walkway

Cr Seckold declared a significant non pecuniary interest regarding Item 12.1, RFT 01/19 Timber, RFT 02/19 Steel and RFT 03/19 Concrete and Civil - Tathra Headland Walkway on the basis that she is an active committee member of the Tathra Wharf committee Pig and Whistle which will benefit from visitations with the walkway.  She is Chair of the Kalaru/Tathra bikepath which along with Tathra Public School indigenous pathway, provides a continuous pathway with the walkway. 

RESOLVED unanimously on the motion of Crs Nadin and Tapscott

That Council adopts the recommendations as outlined in the confidential attachment.

64/19

RESOLVED on the motion of Crs Tapscott and Nadin

1.      That Council decline to accept any of the tenders under Clause 178 of the Local Government (General) Regulation 2005 and enter into negotiations with GDB Excavations and Landscaping with a view to entering into contracts in relation to the subject matter of the tenders as per Clause 178(3)(e).

2.      That authority is delegated to the General Manager to enter into negotiations with the tenderer that provided the best value for money tender, GDB Excavations and Landscaping, on the basis of the works as specified in RFT 01/19 Timber, RFT 02/19 Steel and RFT 03/19 Concrete and Civil for the Tathra Headland Walkway.

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.

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

Against:                  Nil

Absent:                    Cr Seckold

12.2

RFT 26/19 Tathra to Kalaru Bike Track Bridges

Cr Seckold declared a significant non pecuniary interest regarding Item 12.2, RFT 26/19 Tathra to Kalaru Bike Track Bridges on the basis that she is Chair of the Bega/Tathra Saferide (Kalaru/Tathra section).  A signed declaration form was tabled by Cr Seckold for inclusion in the Register.

RESOLVED unanimously on the motion of Crs Nadin and Tapscott

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

65/19

RESOLVED on the motion of Crs Nadin and Tapscott

1.      That Council accept the tender from Guideline South Coast Pty Ltd in relation to contract for the works described in Tender RFT 26/19, in the amount of $147,542.00 (including GST), subject to variations, provisional sums and prime cost items as per the Tender Panel recommendations.

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

3.      That other tenderers be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Cr Seckold

12.3

Community Project Proposals

RESOLVED unanimously on the motion of Crs Tapscott and Nadin

That the matter be dealt with today.

RESOLVED on the motion of Crs Tapscott and Nadin

That the items be considered together.

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

Against:                  Cr Fitzpatrick

A motion was moved by Cr Griff and Dodds

1.       That Council note the report and the attached Community Project Proposal summary and information included in the hard copies of proposals distributed to Councillors.

2        That the proposal for a Shared Walkway at Wallaga Lake Heights, be provided in principle support for the Bermagui Forum to source grant funding and to undertake detailed concept plan development.

3        That the proposal for a Memorial Seat at Payne’s Island Wallaga Lake is supported by Council, subject to working through land tenure approvals and requirements relevant to the use of the site.

4.      That the proposal for a Picket Fence around the Memorial at Bemboka Bicentennial Park be supported, with Council contribution by way of installation of the fence.

5.      That the proposal for the onsite caretaker at Colombo Park Bemboka be further developed by the applicant and reviewed by Council officers, particularly regarding formalising risk management, procedures and other operational considerations.

6.      That the proposal for storage shed upgrade at Colombo Park Bemboka be supported, noting that no funding will be provided by Council.

7.      That the proposal for the Colombo Park Bemboka Public Toilet upgrade be provided in principle support, with any funding contribution to be considered and prioritised with other public amenity asset renewals.

8.      That the proposal for the Cobargo Apex Park upgrade be provided in principle support, with exception to the reuse of the noncompliant existing slide, subject to works being complementary to the recently adopted Rural Village Playground Plan for the site, and available funding.

9       That the current proposal for the George Brown Memorial Sportsground Pavilion second storey addition not be supported, and that the applicant consider developing alternative options to meet user needs i.e. single storey extension.

10     That the Bermagui Multi-purpose Outdoor Sporting and Recreation Facility is given in principle support by Council to enable the applicant to progress with more detailed external funding applications and planning approvals.

It was put to the vote and it was LOST.

In favour:             Cr Griff

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

A motion was foreshadowed by Crs Tapscott and Seckold

1.       That Council note the report and the attached Community Project Proposal summary and information included in the hard copies of proposals distributed to Councillors.

2        That the proposal for a Shared Walkway at Wallaga Lake Heights, be provided in principle support for the Bermagui Forum to source grant funding to undertake detailed concept plan development including options analysis (for further approval) and leading into detailed documentation.

3        That the proposal for a Memorial Seat at Payne’s Island Wallaga Lake is supported by Council, subject to working through land tenure approvals and requirements relevant to the use of the site.

4.      That the proposal for a Picket Fence around the Memorial at Bemboka Bicentennial Park be supported, with Council contribution by way of installation of the fence.

5.      That the proposal for the onsite caretaker at Colombo Park Bemboka be further developed by the applicant and reviewed by Council officers, particularly regarding formalising risk management, procedures and other operational considerations.

6.      That the proposal for storage shed upgrade at Colombo Park Bemboka be supported, noting that no funding will be provided by Council.

7.      That the proposal for the Colombo Park Bemboka Public Toilet upgrade be provided in principle support, with any funding contribution to be considered and prioritised with other public amenity asset renewals.

8.      That the proposal for the Cobargo Apex Park upgrade be provided in principle support, with exception to the reuse of the noncompliant existing slide, subject to works being complementary to the recently adopted Rural Village Playground Plan for the site, and available funding.

9       That staff work with the applicant for the George Brown Memorial project to assess the most effective expansion option prior to further consideration by Council.

10     That the Bermagui Multi-purpose Outdoor Sporting and Recreation Facility is given in principle support by Council to enable the applicant to progress with more detailed external funding applications and planning approvals.

It was put to the Vote and CARRIED.

66/19

RESOLVED on the motion of Crs Tapscott and Seckold

1.       That Council note the report and the attached Community Project Proposal summary and information included in the hard copies of proposals distributed to Councillors.

2        That the proposal for a Shared Walkway at Wallaga Lake Heights, be provided in principle support for the Bermagui Forum to source grant funding to undertake detailed concept plan development including options analysis (for further approval) and leading into detailed documentation.

3        That the proposal for a Memorial Seat at Payne’s Island Wallaga Lake is supported by Council, subject to working through land tenure approvals and requirements relevant to the use of the site.

4.      That the proposal for a Picket Fence around the Memorial at Bemboka Bicentennial Park be supported, with Council contribution by way of installation of the fence.

5.      That the proposal for the onsite caretaker at Colombo Park Bemboka be further developed by the applicant and reviewed by Council officers, particularly regarding formalising risk management, procedures and other operational considerations.

6.      That the proposal for storage shed upgrade at Colombo Park Bemboka be supported, noting that no funding will be provided by Council.

7.      That the proposal for the Colombo Park Bemboka Public Toilet upgrade be provided in principle support, with any funding contribution to be considered and prioritised with other public amenity asset renewals.

8.      That the proposal for the Cobargo Apex Park upgrade be provided in principle support, with exception to the reuse of the noncompliant existing slide, subject to works being complementary to the recently adopted Rural Village Playground Plan for the site, and available funding.

9       That staff work with the applicant for the George Brown Memorial project to assess the most effective expansion option prior to further consideration by Council.

10     That the Bermagui Multi-purpose Outdoor Sporting and Recreation Facility is given in principle support by Council to enable the applicant to progress with more detailed external funding applications and planning approvals.

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

Against:                  Cr Bain

12.4

Hanscombe Creek and Johnston Creek Bridges, Garfields Road, Numbugga

67/19

RESOLVED on the motion of Crs Nadin and Tapscott

That the matter be deferred for a further report to Council with the report to include an outline of the implications of implementing the proposals addressing the matters raised in the deputation provided at 29 May 2019 Ordinary Council meeting.

IN FAVOUR:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

AGAINST:            Nil

12.5

Lake Street Shared Path Merimbula

68/19

RESOLVED on the motion of Crs Nadin and Bain

1.     That Council note the contents of the report and the current status of the project.

2.      That Council note the funding is insufficient to deliver the Option G scope of work in its entirety.

3.      That Council note the current estimated project funding shortfall is $1.74m.

4.      That Council note that all opportunities for ‘value engineering’ have been exhausted.

5.      That Council note that to further reduce the length of the path would reduce the functional use of the path and fail to deliver the scope and objectives of the project.

6.      That Council note that Council officers cannot proceed to tender or further progress the project under NSW Local Government Tender Guidelines until direction is received on options for funding the project shortfall.

7.      That Council note that six (6) options have been explored for Council’s consideration. These have been grouped into two categories:

         a) Obtain additional funds; or

         b) Modify scope of work.

8.      That Council note that current Option G design does not provide an accessible link from Rotary Park to Bar Beach and that additional time and funds are recommended to complete the preconstruction activities.

9.      That Council work with the local member, RMS and Active Transport program to identify potential funding sources for the shortfall

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

Against:                  Nil

12.6

Bega Valley Local Traffic Committee

69/19

RESOLVED on the motion of Crs Bain and Allen

That two accessible car parking spaces be constructed on the existing Tathra Surf Club Carpark to facilitate disabled drivers with access to the All-Inclusive Play Space and other areas.

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

Against:                  Nil

13.1

Candelo Town Hall/Cafe building

RESOLVED unanimously on the motion of Crs Nadin and Griff

That the matter be dealt with today.

70/19

RESOLVED on the motion of Crs Seckold and Bain

1.      That Council approve the termination of the current Lease pursuant to section 39(c) of the Retail Leases Act 1994 (NSW) and proceed with debt recovery action for the rental arrears owing. 

3.      That Council make an application to Crown Lands and the Department of Premier and Cabinet for approval to modify the Town Hall/Café building for future use by the community.

4.      That Council authorise the General Manager and Mayor to execute the necessary documentation to formalise the above course of action.

5.      That a community meeting be held in Candelo to discuss additional uses of the Town Hall/Café building, opportunities of uses of the bowling club and traffic movements in the town.

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

Against:                  Nil

14.1

Certificate of Investment

71/19

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.    That Council receive and note the attached reports indicating Council’s investment position as at 30 April 2019.

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

There were no reports to standing committees

19.1

Cr Nadin Question on Notice - Native Title

The report published in the Agenda for the meeting of 29 May was noted.

19.2

Cr Nadin Question on Notice - Sediment breach at Back Lake, Merimbula

The report published in the Agenda for the meeting of 29 May was noted.

20.1

Grant money for sporting infrastructure

72/19

Cr Tapscott asked what grant monies have been awarded through the Regional Sports fund to the Pambula Sporting Complex:

1.    What is the amount of funding awarded?

2.    Who will hold funds and where are they now?

3.    Who will manage the funds?

4.    Who will project manage the project?

5.    Will it be a staged upgrade?

6.    What stakeholder consultation will there be?

The question was taken on notice by the Director Assets and Operations.

20.2

Minutes of S355 Committees

Cr Tapscott asked if the Section 355 Committee meeting minutes are being forwarded to Councillors?

The question was taken on notice by the Director Assets and Operations.

20.3

Guide Posts

Cr Dodds asked about the guide posts separating the Wallaga Lake road from the adjacent shared pathway opposite the Bermagui Primary School.  They were removed during recent road works, the lines have been painted back on by Council, however the guide posts have not been re installed.  Community members are concerned for safety of all.  Are the guide post being replaced?  If so when will this occur?

The question was taken on notice by the Director Assets and Operations.

20.4

Popular Mayor

Cr Bain said her question was a reminder that at the last meeting she asked Council Staff and Councillors, when Councillors voted against the plebiscite for popularly elected Mayor, what consultation process did Councillors use to talk to the community about this option.  The Mayor did outline her response on the day, she noted she had not had responses from any other Councillors. 

Cr Seckold advised Cr Bain that she had a copy of what she said and handed it to her.

The Mayor asked for clarification from Cr Bain, was it just the Councillors that voted against the motion or Councillors that voted for the motion?

Cr Bain said she did not actually make it specific, there was a lot of discussion about the debate, and there was statements such as ‘I have talked to the Community”  Her questions was how did you consult the community?  How did you gauge this?