1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

203/19

RESOLVED on the motion of Crs Dodds and Seckold

That the minutes be confirmed with the following amendment:

That Resolution No 202/19 of the Ordinary Meeting held on 27 November 2019 - Item 16.1 Two proposed amendments to the adopted Code of Meeting Practice be amended to include the vote as follows:

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

                AGAINST:            Cr Tapscott

                        ABSENT:               Cr Bain

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

Against:                  Nil

8.1

Exhibition of Draft Commercial Land Strategy

204/19

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.    That Council resolve to publicly exhibit the draft Commercial Land Strategy (Attachment 1) until 16 February 2020.

2.    That Council officers prepare a further report to Council following conclusion of the exhibition period.

3.    That amendments to page 40 and 41 of the draft Strategy are made prior to exhibition to remove reference to a reduction in height from 16 metres to 13 metres at Eden.

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

Against:                  Nil

8.2

Primary and Secondary Dwellings - Lot 9 Section 7 DP 943 - 96-98 Loftus Street, Bemboka

205/19

RESOLVED on the motion of Crs Tapscott and Dodds

That Council:

1.         Assume the concurrence of the Secretary of the Department of Planning and Environment 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 9 Section 7 DP 943 – 96-98 Loftus Street, Bemboka.

2.         Approve the development application subject to the proposed Conditions of Consent (Attachment 1).

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

Against:                  Nil

8.3

Exhibition of Draft Residential Land Strategy

206/19

RESOLVED on the motion of Crs Bain and Dodds

1.    That Council resolve to publicly exhibit the draft Residential Land Strategy (Attachments 1 and 2) until 16 February 2020.

2.    That Council officers prepare a further report to Council following conclusion of the exhibition period.

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

Against:                  Nil

9.1

Establishment of Acquisitive Sculpture Prize Advisory Panel

207/19

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council establish an advisory panel and delegate it to select the Bega Valley Shire Council Acquisitive Sculpture Prize.

2.    That the advisory panel include a Councillor representative, a representative of South East Arts Inc and a staff member with arts expertise

3.    That Cr Bain be appointed as the Councillor representative on the advisory panel.

4.    That the exhibited works at Sculpture Bermagui 2020 be considered for the prize, and that, if no suitable works are identified from that exhibition, the funds be allocated for a sculpture acquisition in the 2020/21 financial year.

5.    That the advisory panel make a recommendation to Council on a site for installation of the acquired sculpture, and a community member from the location of the site is included in the advisory panel, and that this be subject to a further report to Council.

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

Against:                  Nil

9.2

Establishment of Biamanga Aboriginal Cultural Area Alcohol-free Zone

Cr Bain declared a non-pecuniary but less than significant interest regarding Item 9.2 Establishment of Biamanga Aboriginal/Cultural Area Alcohol Free Zone on the basis that she is a Councillor Member of the Biamanga National Park Board of Management.

Cr Bain remained in the Chamber and took part in debate and voting.

Cr Seckold declared a non-pecuniary but less than significant interest regarding Item 9.2 Establishment of Biamanga Aboriginal/Cultural Area Alcohol Free Zone on the basis that she is a Councillor Member of the Biamanga National Park Board of Management.

Cr Seckold remained in the Chamber and took part in debate and voting.

208/19

RESOLVED on the motion of Crs Dodds and Bain

1.  That Council establish an alcohol-free zone at the Aboriginal Cultural Area in Biamanga National Park (Attachment 1) for a four-year period.

2.   That Council officers advise the Biamanga National Park Board of Management and NSW Police of Council’s decision.

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

Against:                  Nil

9.3

Support for Disability Advocacy Services in NSW

209/19

RESOLVED on the motion of Crs Bain and Tapscott

That Council:

1.    Acknowledges that independent disability advocacy, information and peak representative organisations play a critical role in upholding the rights of people with disability. 

2.    Acknowledges that without secure long-term funding commitments from the NSW Government, people with disability will not have local advocates to turn to when they face issues of discrimination, exclusion or poor treatment and that this can happen in any area of life: education, health justice, transport, employment, accessing infrastructure and community activities.

3.    Notes that the NSW Government plans to cease funding disability advocacy funding on 30 June 2020.

4.    Stands with people with disability and their families in supporting the Physical Disability Council NSW’s call for secure, permanent funding for independent disability advocacy, information and peak representative organisations in NSW.

5.    Writes to The Hon Andrew Constance MP and the Premier of NSW asking them to also stand with people with disability and their families and guarantee secure, permanent funding for independent disability advocacy, information and peak representative organisations in NSW.

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

Against:                  Nil

11.1

BVSC Swimming Pools Strategy

The attachment pertaining to the report on this Item 11.1 BVSC Swimming Pools Strategy was tabled:

1.              BVSC Draft Swimming Pools Strategy

The attachment is available for viewing:

a.       On Council’s website:

                https://www.begavalley.nsw.gov.au/HaveYourSay

b.      As a supplementary attachment:

http://begavalley.infocouncil.biz/Open/2019/12/OC_11122019_AGN_563_AT_SUP_WEB.htm

A motion was moved by Crs Allen and Fitzpatrick

1.    That Council endorse the draft swimming pools strategy for public exhibition with the exhibition and submission period to close in line with Integrated Planning and Reporting documentation on 24 January 2020, with the following amendments to Page 18:

·         Action Item 1.2

     Establish a 6 pools reserve to fund asset upgrades and renewals and “ring-fence” SRV     income plus interest on the invested income

·         Action Item 1.3

     Apply the SRV annually to pools operations, maintenance, minor and major renewals and      transfer balance to reserve for future year renewals plus interest on the invested income

A point of order was called by Cr Fitzpatrick regarding Cr Nadin’s relevance of questioning fees and charges  

The Mayor ruled in favour of the point of order.

Cr Allen tabled two documents:

1.       Bega District News Article September 12 2016 – Friends of Bemboka Pool Meeting

2.       Candidate preferences for Bemboka Pool

The documents can be viewed in the Annexure Section of these minutes:

Annexure – Tabled Documents

210/19

RESOLVED on the motion of Cr Allen

That Council endorse the draft swimming pools strategy for public exhibition with the exhibition and submission period to close in line with Integrated Planning and Reporting documentation on 24 January 2020, with the following amendments to Page 18:

·         Action Item 1.2

     Establish a 6 pools reserve to fund asset upgrades and renewals and “ring-fence” SRV     income plus interest on the invested income

·         Action Item 1.3

     Apply the SRV annually to pools operations, maintenance, minor and major renewals and      transfer balance to reserve for future year renewals plus interest on the invested income

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

Against:                  Nil

11.2

Floodplain Focus Group Nomination

211/19

RESOLVED on the motion of Crs Fitzpatrick and Bain

That Matthew Barnes be appointed, as a community representative, to the Bega Valley Floodplain Risk Management Focus Group for the term of the current Pambula River, Pambula Lake and Yowaka River Flood Study project.

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

Against:                  Nil

11.3

Community Hall Committee Nominations

212/19

RESOLVED on the motion of Crs Dodds and Seckold

1.      That Council approve the appointment of the following nominees to Council’s Community Hall Committees:

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

Against:                  Nil

11.4

RFT 17/19 Tathra to Kalaru Bike Track

Cr Seckold declared a non-pecuniary but significant interest regarding Item 11.4 RFT 17/19 Tathra to Kalaru Bike Track on the basis that she is a the Chair of Bega/Tathra Saferide and Tathra to Kalaru Bike Track is a section of this.

Cr Seckold indicated she would leave the Chamber, taking no part in debate and voting.

03:15 pm       Cr Seckold left the meeting.

213/19

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.             That Council accept the recommendations as outlined in the confidential attachment.

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

Against:                  Nil

214/19

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.         That Council accept the tender from John Michelin and son P/L Pty in relation to contract              for the works described in Tender RFT 71/19, in the amount of $671,943.00 (including              GST), subject to variations, provisional sums and prime cost items.

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

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

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

Against:                  Nil

11.5

Bega Valley Local Traffic Committee

215/19

RESOLVED on the motion of Crs Nadin and Tapscott

That Council adopt the recommendations of the Bega Valley Local Traffic Committee meeting of 4 December 2019 to be tabled at the 11 December 2019 Council meeting.

Proposed temporary relocation of Loading Zone Beach Street, Merimbula

The Local Traffic Committee have received a request from the preferred building contractor for the Twyford Hall redevelopment for the temporary relocation of the existing loading zone in Beach Street adjacent to the Twyford Hall site. This option has been discussed on site with Council’s representative of the Local Traffic Committee and the preferred building contractors. It is proposed to relocate the existing Loading Zone from Beach Street to Alice Street in a section of the existing “No Parking” zone. It is proposed the temporary Loading Zone will be in place until the completion of the redevelopment works on Twyford Hall and then returned to its original location.

Attachment 1. Temp loading zone from Beach St to Alice Street

Proposed changes from 2 hour to 3 hour parking in Alice Street, Beach Street and Park Street car parks

The Local Traffic Committee have received a request from the Merimbula Chamber of Commerce Parking Sub-Committee and in accordance with Council resolution 148/19, that Council upgrade its signage for long term parking and revisit current parking timing in all towns, to change the existing public car parks located in Alice, Beach and Park Streets, Merimbula. It is proposed to increase the time restriction from 2 hour to 3 hour which will bring these locations in line with similar car parks in other centres within the Shire.

Proposed removal of No Stopping Zone Market Street, Merimbula

The Local Traffic Committee have received a request from the Merimbula Chamber of Commerce Parking Sub-Committee and in accordance with Council resolution 148/19, that Council upgrade its signage for long term parking and revisit current parking timing in all towns, to change the existing “No Stopping Zone” opposite the intersection of Merimbula Drive in Market Street, Merimbula. The proposal is to replace this no stopping zone with 30 minute on street parking, which in turn would remove the slip lane at this intersection. It is considered the slip lane is no longer required since the construction of the Merimbula Bypass. The length of the zone is 40.5 metres, the site potentially would be able to accommodate six additional parking spaces. The proposed change of the zone will extend the existing 30 minute parking zone between the hours of 8.30am to 6pm Monday to Friday and 8.30am to 12.30pm Saturdays.

Attachment 2. No Stopping Zone Market St to 30 min parking

Proposed removal of No Stopping Zone Park Street, Merimbula

Additional on street parking could be made available in Park Street with the removal of the No Stopping zone on the western side of its intersection with Kyeamba Street. It is proposed to relocate this to the mandatory No Stopping zones required for an intersection. This action will provide an additional four on street parking spaces.

Attachment 3. No Stopping Zone removal on Park Street

Proposed change from 1 hour to 2 hours time restricted on street parking lake side Market Street, Merimbula

The Local Traffic Committee have received a request from the Merimbula Chamber of Commerce Parking Sub-Committee and in accordance with Council resolution 148/19, that Council upgrade its signage for long term parking and revisit current parking timing in all towns, to change the existing 1 hour time restricted parking zone on Market Street commencing south of its intersection with Park Street to its terminating point adjacent the Merimbula Jetty. It is proposed to change the zone to 2 hour time restricted between the hours of 8.30am to 6pm Monday to Friday and 8.30am to 12.30pm Saturdays.

Proposed change from 2 hours to 1 hour time restricted on street parking southern side Merimbula Drive, Merimbula

The Local Traffic Committee have received a request from the Merimbula Chamber of Commerce Parking Sub-Committee and in accordance with Council resolution 148/19, that Council upgrade its signage for long term parking and revisit current parking timing in all towns, to change the existing 2 hour time restricted parking zone on Merimbula Drive commencing at the eastern end of the existing time restricted zone for a distance westerly of 25 metres (four spaces).

Attachment 4. Merimbula Drive reduction from 2 hours to 1

Proposed 1 hour parking zone Monaro Street Merimbula

The Local Traffic Committee have received a request from the Merimbula Chamber of Commerce Parking Sub-Committee and in accordance with Council resolution 148/19, that Council upgrade its signage for long term parking and revisit current parking timing in all towns, it is proposed to install a 1 hour time restricted on street parking zone from the end of the existing No Stopping zone (southern side) westerly for a distance of 18.5 metres in Monaro Street adjacent the Merimbula McDonalds.

Attachment 5. Monaro Street 1 hour time restriction

Proposed 2 hour parking zone Monaro Street Merimbula

The Local Traffic Committee have received a request from the Merimbula Chamber of Commerce Parking Sub-Committee and in accordance with Council resolution 148/19, that Council upgrade its signage for long term parking and revisit current parking timing in all towns, to install a 2 hour time restricted on street parking zone from the end of the existing No Stopping zone (northern side) westerly for a distance of 30 metres in Monaro Street.

Attachment 6. Monaro Street 2 hour parking

Proposed Bus Zone Sharpe Street, Candelo

Council’s representative on the Local Traffic committee has received a request from Scarlett Buses for the installation of a School Bus Zone adjacent No 21 Sharpe Street, Candelo. The bus company have requested this location to enable a safe interchange point for some of its school bus service in combination with another operator. According to the bus company, the site would only be occupied for a matter of minutes to enable the transfer. It is proposed to create a 30 minute zone in this location from 3.45pm to 4.15pm school days. The adjacent resident has not been consulted by the committee, the committee is of the opinion a maximum 30 minute disruption is not considered to be an inconvenience.

Attachment 7. Candelo School bus zone 3.45 to 4.15pm

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

Against:                  Nil

11.6

Initial classification and categorisation of Crown Land appointed to Council as Crown Land Manager

216/19

RESOLVED on the motion of Crs Tapscott and Seckold

1.    That Council receive and note the report on progress to date regarding the implementation of the Crown Land Management Act 2016 (NSW).

2.    That Council make an application for Ministerial consent to classify, and manage, Crown land currently appointed to Council, as Crown Land Manager, and detailed in the attached form as operational land under the Local Government Act 1993 (NSW).

3.    That Council notify the Minister administering the Crown Land Management Act 2016 (NSW) of the initial categorisation assigned to Crown land appointed to Council, as Crown Land Manager, as referred to in section 36 of the Local Government Act 1993 (NSW).

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

Against:                  Nil

11.7

Water Restrictions Bemboka

04:09 pm       Cr Nadin left the meeting.

04:12 pm       Cr Nadin returned to the meeting.

217/19

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.         That Council note the report.

2.         That Council do not currently implement water restrictions on the Bemboka supply noting              that level 1 restrictions in this system would target a demand reduction of less than 0.3%              of water currently being released from Cochrane Dam.

3.         That Council write to relevant Ministers seeking modification to water management              arrangements for urban water sources that are not controlled by Council including Brogo              Dam and Cochrane Dam to increase urban water supply security.

4.         That Council facilitate a forum with other water users across the Shire with the view to              understand system wide water security improvement opportunities

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

Against:                  Nil

12.1

Draft integrated planning and reporting documents -updated financial strategy, asset plans ,long term financial plan, operational plan, budget, fees and charges -public exhibition.

The attachments pertaining to the report on this Item 12.1 Draft integrated planning and reporting documents -updated financial strategy, asset plans ,long term financial plan, operational plan, budget, fees and charges -public exhibition were tabled:

1.    DP/OP

2.    Fees and Charges

3.    Swimming Pool Asset Management Plan

4.    Long Term Financial Plan

5.    Financial Strategy

The attachments are available for viewing:

a.       On Council’s website:

                https://www.begavalley.nsw.gov.au/HaveYourSay

b.      As a supplementary attachment:

http://begavalley.infocouncil.biz/Open/2019/12/OC_11122019_AGN_563_AT_SUP_WEB.htm

218/19

RESOLVED on the motion of Crs McBain and Nadin

1.         That the draft, Revised Delivery Program 2017-2021 and draft Operational Plan 2020-2021,              including Council’s Budget and Revenue Policy, and the amended Financial Strategy and              Long-Term Financial Plan (LTFP), a Swimming Pools Asset Management Plan, draft Fees and     Charges 2020-2021 be placed on an extended public exhibition period from 13 December              2019 to 24 January 2020 with feedback on the documents and Councils proposed Special              Rate Variation (SRV) to be considered at the Council meeting on 5 February 2020.

2.         That Council have a workshop on what ability we have to incentivise development within              the Shire to attempt to stimulate population and economic growth.

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

Against:                  Cr Bain

12.2

OLG Risk Management and Internal Audit Framework for Local Councils in NSW

219/19

RESOLVED on the motion of Crs Nadin and Dodds

1.         That Council note the information contained in the Office of Local Government’s (OLG)              draft discussion paper regarding proposed requirements for managing Risk & Internal Audit for Local Councils.

2.         That Council endorse the proposed submission to be lodged.

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

Against:                  Nil

16.1

Council Chamber AV upgrade

220/19

RESOLVED on the motion of Crs Nadin and Seckold

1.         That Council staff produce a report by the February 5, 2020 meeting providing three levels of options and prices to upgrade the audio/visual equipment in the Council Chamber, for both those watching the broadcast live-stream and also those listening and watching in the Chamber.

2.          That staff identify potential funding options, ideally from unexpended budget measures in 2020 or if this cannot be found, list this as a funded item against the Council ICT draft budget for 2020/21.

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

Against:                  Nil

11.1

BVSC Swimming Pools Strategy

Tabled by Cr Allen

1.       Bega District News Article September 12 2016 – Friends of Bemboka Pool Meeting

2. Candidate preferences for Bemboka Pool