1.

Apologies

96/19

RESOLVED on the motion of Crs Nadin and Tapscott

That the leave of absence from 1 August 2019 to 10 September 2019 requested by Cr Allen be accepted.

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

Against:                  Nil

Absent:                    Cr Allen

2.

Confirmation of Minutes

97/19

RESOLVED on the motion of Crs Bain and Seckold

That the Minutes of the Ordinary Meeting held on 7 August 2019 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Allen

General Motion

98/19

RESOLVED on the motion of Crs Bain and Griff

That Item “16.2 Climate resilience strategy input” be brought forward,  to be considered at the commencement of the meeting, prior to Item 8 Staff Reports – Planning and Environment.

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

Against:                  Nil

Absent:                    Cr Allen

16.2

Climate resilience strategy input

99/19

100/19

101/19

A  motion was moved by Crs Bain and Nadin

That the matter be deferred until the return of Cr Allen.

A point of order was called by Cr Tapscott regarding Cr Nadin’s diversion from the subject of deferral of the motion.

The Mayor ruled in favour of the point of order and directed Cr Nadin to speak on the subject of deferral of the motion.

A point of order was called by Cr Tapscott regarding Cr Nadin’s  diversion from the subject of deferral of the motion.

The Mayor ruled in favour of the point of order and reminded Cr Nadin of the two separate occasions where he was directed to speak on the subject of deferral of the motion, and instructed Cr Nadin to do so again.

A motion was moved by Crs Tapscott and Dodds

That the motion be PUT.

The motion was put the vote and it was CARRIED

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

Against:                  Crs Fitzpatrick, Bain and Nadin

Absent:                    Cr Allen

Cr Bain used her right of reply to her motion:

A  motion was moved by Crs Bain and Nadin

That the matter be deferred until the return of Cr Allen.

The motion was put the vote and it was LOST

In favour:             Crs Fitzpatrick, Bain and Nadin

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

Absent:                    Cr Allen

A motion was moved by Crs Griff and Seckold

1.      That Council’s Climate Resilience Strategy recognise the climate emergency, through the strength, scope and immediacy of initiatives for Council and the community to combat climate change, ensuring the continued economic and social viability of agricultural and transport sectors in the Bega Valley.

2.      That Council requires reports on relevant strategies, plans or initiatives to include assessment of potential climate change impacts.

A point of order was called by Cr Bain regarding Cr Griff’s diversion from the subject of the motion.

Mayor McBain ruled in favour of the point of order and instructed Cr Griff to speak about the current motion and not the deferral.

A motion was foreshadowed by Cr Bain

1.      That Council’s Climate Resilience Strategy recognise the variable and changing climate patterns.

2.      That Council continue to implement energy saving measures across the business, such as street lighting, sewer/water pumps, solar energy where financially able to do so.

3.      That the actions in the Climate Resilience Strategy ensure the continued economic and social viability of agricultural and transport sectors in the Bega Valley.

4.      That through the Climate Resilience Strategy Bega Valley Shire look for economic development opportunities through new and emerging technologies.

5.      Bega Valley Shire write to the Hon. Scott Morrison, Prime Minister, to encourage the  Federal Government for Australia to meet the agreed Paris Agreement targets.

102/19

RESOLVED on the motion of Crs Griff and Seckold

1.      That Council’s Climate Resilience Strategy recognise the climate emergency, through the strength, scope and immediacy of initiatives for Council and the community to combat climate change, ensuring the continued economic and social viability of agricultural and transport sectors in the Bega Valley.

2.      That Council requires reports on relevant strategies, plans or initiatives to include assessment of potential climate change impacts.

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

Against:                  Crs Fitzpatrick, Bain and Nadin

Absent:                    Cr Allen

8.1

Adoption of amendment to Bega Valley Development Control Plan 2013 to include design considerations for Lots 33 and 34 DP 243029 Tura Beach

103/19

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.         That Council resolve to adopt the amendment to the Bega Valley Shire Development Control Plan 2013 for Lots 33 and 34 DP 243029 Tura Beach, as exhibited.

2.         That the owner of the subject land and person who made a submission be notified of Council’s decision.

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

Against:                  Nil

Absent:                    Cr Allen

9.1

Access Improvement Grants 2019

104/19

RESOLVED on the motion of Crs McBain and Tapscott

1.      That Council adopt the Access and Inclusion Advisory Committee’s recommendations to award the following Grants:

1. Bemboka Lions Club, Colombo Park public toilet upgrade ($5,000)
2. Cobargo School of Arts Hall Committee, Disabled car pad ($4,245)
3. EnviroKey Pty Ltd T/as On the Perch Bird Park, Better access to the birds: Parking improvements for visitors ($2,350)
4. EnviroKey Pty Ltd T/as On the Perch Bird Park, Better access to the birds: Access improvements within two walk-in aviaries ($1,300)
5. Land Manager Bega Showground, Bega Showground wheel chair access ($1,900)

2.      That Council thank the Access and Inclusion Committee, and it’s Grants Sub-committee, for coordinating the 2019 Access and Inclusion Grant Program.

3.      That Council officers write to all applicants advising them of the outcome of their applications.

4.    That unspent funds from the 2019 Access Improvement Grant round be sent back to the Access and Inclusion Committee to develop a project of their own and work with Council staff to improve accessibility in the Shire

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

Against:                  Nil

Absent:                    Cr Allen

11.1

Road Closure - Section of Council public road on Tilba Road, Wallaga Lake

105/19

RESOLVED on the motion of Crs Tapscott and Seckold

1.    That Council approve, in principle, the proposal received from the applicants for the closure of surplus Council public road reserve which adjoins their landholding being Lot 41 DP 752130.

2.    That Council commence assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days.

3.    That if any objections are received, a further report be prepared for Council’s consideration.

4.    That if no objections are received Council, by notice published in the Government Gazette, formally close the surplus public road reserve concerned.

5.    That the General Manager and Mayor be authorised to execute the necessary documentation to affect the road closure and subsequent sale of land to the applicant for market value as determined by an independent valuer.

6.    That all costs associated with the road closure process be borne by the applicant.

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

Against:                  Nil

Absent:                    Crs Griff and Allen

11.2

Tender RFT 43/19 West Kameruka Road Upgrade

106/19

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, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

107/19

RESOLVED on the motion of Crs Fitzpatrick and Bain

2.         That Council accept the tender from RD Miller Pty Ltd and enter into a contract in relation to the works described in Tender 43/19, in the amount of $2,446,988.40 (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 the General Manager be delegated to work with the NSW Government to determine a best value outcome for any potential underspend on the project which may include variation to scope on the West Kameruka project or reallocation to an alternate NSW Government funded road project.

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

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

Against:                  Nil

Absent:                    Cr Allen

11.3

Barclay Street, Eden Sports Pavillion - Preferred Location

108/19

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council note and endorse the consultation undertaken and site selection process as         outlined in the report.

2.    That Council endorse Option 3, being in the north eastern part of the site, as outlined in the         report as the site for the new pavilion/amenities building at Barclay Street Sportsground,         Eden.

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

Against:                  Nil

Absent:                    Cr Allen

11.4

Road Closure - Section of Council public road adjacent to Mumbulla School in Bega

109/19

RESOLVED on the motion of Crs Seckold and Tapscott

1.    That Council approve, in principle, the proposal received from the applicants for the closure of surplus Council public road reserve which adjoins their landholding being Lot 171 DP 1116817.

2.    That Council officers commence assessment of the road closure application, under Division 3 of the Roads Act 1993 (NSW), and that the proposal be publicly advertised for a period of 28 days.

3.    That if any objections are received, a further report be prepared for Council’s consideration.

4.    That if no objections are received Council, by notice published in the Government Gazette, formally close the subject, surplus public road reserve.

5.    That the General Manager and Mayor be authorised to execute the necessary documentation to affect the road closure, creation of easements and subsequent sale of land to the applicant for market value as determined by an independent valuer.

6.    That all costs associated with the road closure process be borne by the applicant.

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

Against:                  Nil

Absent:                    Cr Allen

11.5

Community Project Proposals

110/19

RESOLVED on the motion of Crs Seckold and Nadin

1.      That Council note the report and the attached Community Project Proposal summary.

2.      That the proposal for the installation of a memorial seat at Bruce Steer Pool, Bermagui is supported and installation coordinated with the Coastal Accessibility Plan for the site.

3.      That the proposal for a Petanque Piste (Bocce) site at Spencer Park, Merimbula be subject to consultation with other user groups of the area, the court number and layout to be worked through with Council officers, and that it not impede future planning for the site with a further report to be brought back to Council.

4.      That the proposal for a community oven and additions to playground equipment at the Quaama Memorial Park be provided in principle support, subject to risk management consideration and play equipment to suit local level scale.

5.      That the proposal for a concrete pad to improve access at the Wolumla Recreation Ground be supported by Council including the provision of material costs.

6.      That the proposal for a storage container at the Keith Mitchell Sportsground, Bega be deferred until the Valley Fields Masterplan is reviewed.

7.      That the proposal for a memorial plaque on an existing seating at Kisses Lagoon, Bega is supported.

8.      That the proposal to renew the Wolumla Recreation Ground cricket practice nets is supported by Council, subject to funding, with Bega Valley Shire Council contribution to be considered amongst other planned sporting asset renewals.

9.      That the proposal for a concrete slab, bollards and plaque at the Candelo War Memorial is supported.

10.   That the proposal for alterations and additions to the Berrambool Sporting Complex Skatepark be deferred and considered in conjunction with the other Merimbula Skatepark project noting the existing community project proposal being worked through by the Sapphire Coast Skate Committee.

11.   That the proposal for a memorial plaque on the picnic table at Scenic Drive Reserve, Bermagui is supported.

12.   That the proposal for a recognition plaque at Littleton Gardens is supported, including costs of plaque and installation.

13.   That the proposal for a water bubbler is supported in principle with further information to be supplied by the applicant regarding scope and water connection costs.

14.   It is proposed that unless identified in Plans, asset registers or considered minor, Community Project Proposals be deferred for twelve months.

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

Against:                  Nil

Absent:                    Cr Allen

11.6

Driftwood Village request to connect to Council's reticulated sewer

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.6 Driftwood Village request to connect to Council's reticulated sewer on the basis that the Director of the applicant company Wayne Mathews was a chairman and Director of Pambula Community Ltd (Bendigo Bank) of which Cr Fitzpatrick is a Director. 

Cr Fitzpatrick indicated he would remain in the Chamber, taking part in debate and voting.

111/19

RESOLVED on the motion of Crs Bain and Fitzpatrick

That Council reiterate its previously advised position in relation to contributions towards connecting Kalorama Caravan Park to Council’s Sewer network, being a capital contribution of $831,229 plus applicable Developer Contributions made up of an upfront contribution of $500,000 with the payment of the remaining balance to be negotiated by the General Manager and brought back to Council for consideration.

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

Against:                  Nil

Absent:                    Cr Allen

11.7

Merimbula Wharf Public Toilet Facility

112/19

RESOLVED on the motion of Crs Tapscott and Seckold

1.      That Council enter into a formal Deed of Agreement, with the Lessee of Merimbula Aquarium and Wharf Restaurant, for the maintenance and operation of the public toilet facility located within Crown Lease area 1987/3 Lot 475 DP 728039, noting the final Deed details might be modified.

2.      That Council agree to increase the annual contribution provided to the Merimbula Aquarium Pty Ltd to $2,000 (plus GST) per annum reviewed, annually, by CPI.

3.      That Council authorise the Mayor and General Manager to execute the necessary documentation.

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

Against:                  Nil

Absent:                    Cr Allen

11.8

Former Hotel Australasia

113/19

114/19

A motion was moved by Crs Tapscott and Seckold

1.       That before any further consideration is given to the disposal of the Council Owned Property known as the “Hotel Australasia”, Council investigate the impact and logistics of the  Cruise Ship Industry of the Eden Port on Council infrastructure.

2.       That Council then consider how the whole property in the middle of Eden CBD known as the “Hotel Australasia” could alleviate some of these infrastructure deficits.

The motion was put to the vote and it was TIED

In favour:             Crs Griff, Seckold, Tapscott and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin and McBain

Absent:                    Cr Allen

The Mayor used her casting vote to vote AGAINST the motion and the motion was LOST

A motion was foreshadowed by Cr Bain

That the original recommendation be the recommendation:

1.         That Council receive and note the report and Confidential Memorandum.

2.         That Council consider the offer detailed in the attached Confidential Memorandum and resolve accordingly.

3.         That all closed session reports relating to this matter be released on settlement if Council resolves to progress to divestment of the site.

115/19

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council receive and note the report and Confidential Memorandum.

2.    That Council reinforce its previous resolution to sell the former Hotel Australasia on the terms previously agreed with the exclusion of the upstairs community space due to the expected rental cost.

3.    That a space is provided for a community radio station without Council involvement.

4.    That a bank guarantee of $20,000 is required in the side deed.

5.    That Council delegate the Mayor and General Manager to finalise contract of sale and side deed and all necessary documentation to finalise the sale.

6.    That all closed session reports relating to this matter be released on settlement of the property sale.

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

Against:                  Crs Seckold, Tapscott and Dodds

Absent:                    Cr Allen

11.9

Bega Valley Local Traffic Committee

116/19

RESOLVED on the motion of Crs Dodds and Bain

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

ReBoot in Bermagui – 5-6 October 2019

1.    That the proposed arrangements involving sections of road reserves in Tilba Road, South         Tilba Road, Wallaga Lake Road, Keating Drive, Narira Street, Wapengo Street, Lamont         Street, Bermagui for the ReBoot in Bermagui Fun Runs on Saturday, 5 October 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 intersections of Keating         Drive/Wallaga Lake Road, Narira Street/Wallaga Lake Road, Wapengo Street/Wallaga Lake         Road, Lamont Street/Bermagui Fishermans Wharf access road, Lamont Street/Lions Park         carpark access, Lamont Street/ Dickinson Park access roads, Bermagui for the ReBoot in         Bermagui Fun Runs on Saturday, 5 October 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         Council, NSW Police and NSW RMS 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 Use of Public Land approval.

8.    That event organiser liaises with public transport operators

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

Against:                  Nil

Absent:                    Crs Nadin and Allen

11.10

2019 Local Roads Congress

117/19

RESOLVED on the motion of Crs McBain and Dodds

1.    That the Report on the 2019 NSW Local Roads Congress be received and noted.

2.    That Council formally endorse the Congress Communique.

3.    That Council write to the following State and Federal Government Members highlighting         the issues raised at the 2019 NSW Local Roads Congress and seeking their support:

a.    The Hon Andrew Constance MP, NSW Minister for Transport and Roads and Member for Bega

b.    The Hon Gladys Berejiklian MP, Premier of NSW

c.     The Hon John Barilaro MP, Deputy Premier of NSW

d.    The Hon Shelley Hancock MP, NSW Minister for Local Government

e.    The Hon Mike Kelly MP, Federal Member for Eden-Monaro

f.     The Hon Michael McCormack MP, Deputy Prime Minister and Federal Minister for Infrastructure, Transport and Regional Development.

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

Against:                  Nil

Absent:                    Cr Allen

12.1

Draft Submission to NSW Government - review of the local government rating system

118/19

RESOLVED on the motion of Crs McBain and Tapscott

That Council note the responses that will be included in a submission from Council on the recommendations outlined in the Final Report by IPART - Review of the Local Government Rating System with the following amendments:

1.       Council will not determine its support for the Capital Improved Value (CIV) methodology without further consultation with our community.

2.       Council will not make additional comments in regards to the deferment of payment for pensioners without further detail on the scheme.

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

Against:                  Nil

Absent:                    Cr Allen

13.1

Establishment of a Community Disaster Relief Fund 

119/19

RESOLVED on the motion of Crs Bain and Dodds

1.         That Council endorse the proposed establishment of a Community Disaster Relief Fund.

2.         That Council enter into a Memorandum of Understanding with the Social Justice Advocates of the Sapphire Coast to establish an ongoing Community Disaster Relief Fund.

3.         That Council nominate the Mayor and an alternative representative to represent Council on the Management Committee of the Community Disaster Relief Fund.

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

Against:                  Nil

Absent:                    Cr Allen

14.1

Canberra Region Joint Organisation Board Meeting - Key Outcomes

120/19

The report published in the Agenda for the meeting of the 28 August 2019 was noted.

14.2

Australian Local Government Association (ALGA): 2019 National General Assembly

121/19

The report published in the Agenda for the meeting of the 28 August 2019 was noted.

14.3

Country Mayors Association meeting

122/19

The report published in the Agenda for the meeting of the 28 August 2019 was noted.

A sub-committee has been formed as to how Country Mayors can make submissions to NSW Grants Commission regarding FAG’s.

16.1

Merimbula CBD upgrade

123/19

RESOLVED on the motion of Crs Nadin and Bain

1.         That staff prepare a report outlining the cost estimates and process to engage an urban              planner to provide options to calm traffic and increase pedestrian circulation in              Merimbula’s Central Business District (CBD).

2.       That the focus of the report be:

·    the impact of any proposed changes to the traffic in the town;

·    presentation of a detailed design process for the overall CBD Masterplan, including options for the next stages through to implementation; and

·    the estimated costs and financing options for the project.

3.         That a community meeting be held, involving Merimbula landlords, business owners, Chamber of Commerce, Merimbula Tourism and interested members of the public, to listen to their views on traffic management, pedestrian movements and landscaping in the Merimbula CBD

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

Against:                  Nil

Absent:                    Cr Allen

16.2

Climate resilience strategy input

17.1

Gravedigging tender - request for report

A report regarding this matter will be presented for Councillors consideration.