1.

Apologies

There were no apologies

2.

Confirmation of Minutes

201/17

RESOLVED on the motion of Crs McBain and Allen

That the Minutes of the Ordinary Meeting and Closed session held on 29 November 2017 as circulated, be taken as read and confirmed, with the amendment to Item 21.3 - Costs associated with DA 2016.78.1 read:

Cr Tony Allen asked could Councillors be provided with the legal and staff costs associated with the Development Application  2016.7081. DA 2016.78.1

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

Against:                  Nil

Suspension of Standing Orders

202/17

RESOLVED on the motion of Crs Fitzpatrick and Bain

That Standing Orders be suspended to allow the following persons to address Council:

Item No (Item 9.6. DA No. 2016.472: Section 82A review of determination - Lot 28 DP 1107525 K B Timms Drive, Eden - 5 lot subdivision.

Mr Dave Bothamley (Caddy Searl and Jarman) on behalf of is client Mr Kurt Pongratz (Hanbana Pty Ltd).

Item No 18.1. Cr Cathy Griff - Affordable Housing in the Bega Valley

·         Ms Kylie Furnell on behalf of South East Youth Accommodation Service (SEWACS)  (authority supplied)

·         Mr Michael Brosnan on behalf of the Social Justice Advocates of the Sapphire Coast

Item 12.3 Section 64 Contributions Supplementary Report – Alternative Charging Mechanisms

Mr Fraser Buchanan on behalf of the Bega Valley Shire Residents and Ratepayers Association (BVSRRA) (authority supplied)

Order of Business

203/17

RESOLVED unanimously on the motion of Crs Dodds and Allen

That Items 18.1 and 18.2 be dealt with prior to Item 9.

18.1

Affordable Housing in the Bega Valley

204/17

RESOLVED on the motion of Crs Griff and McBain

1.      That Council facilitate an Affordable Housing Roundtable early in 2018 drawing together a relevant range of organisations and individuals to collate data and housing options including options for a youth refuge.

2.      That as a matter of urgency, Council request NSW Housing to provide a listing and status report on the vacant public housing dwellings in the Shire awaiting repairs - with a view to facilitating occupancy.

3.      Council write to the State Government seeking consideration of options to address the high level of vacant private homes, which severely limits the rental market.

4.      That as part of our asset management strategy Council officers identify Council land and buildings which we could divest to appropriate organisations to run an affordable housing project.

5.      That Council write to the NSW Holiday Park Trust to demand they work with the Social Justice Advocates of the Sapphire Coast to build social housing in Pambula.

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

Against:                  Nil

18.2

Submission to the Joint Regional Planning Panel regarding Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow

Non-pecuniary Interest

Cr Fitzpatrick declared a significant non-pecuniary interest regarding Item 18.2, Submission to the Joint Regional Planning Panel regarding Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow on the basis that he may be a sitting member of the JRPP for the matter.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.

Cr Bain declared a significant non-pecuniary interest regarding Item 18.2, Submission to the Joint Regional Planning Panel regarding Proposed recreational flight school at Lot 1 DP 109606; 1070 Princes Highway, Frogs Hollow on the basis that she may possibly be a sitting member of the JRPP on this matter..  A signed declaration form was tabled by Cr Bain for inclusion in the Register.

03:16 pm       Cr Fitzpatrick  and Cr Bain left the meeting.

03.16 pm       Council Planning staff left the meeting.

205/17

RESOLVED on the motion of Crs Allen and Nadin

That Council submit, with reasons, a written submission opposing the proposed Development Application at Frog's Hollow, to the Joint Regional Planning Panel, including comment on the following points:

·         Noise

·         Privacy

·         Amenity/Lifestyle

·         Land use conflict

·         Pollution of air and water

·         Economic benefit does not outweigh the amenity impacts

·         Decreased land value

·         Waste management

·         Environmental impacts

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

Against:                  Nil

Absent:                    Crs Fitzpatrick and Bain

8.

Adjournment into Standing Committees

There were no reports to Standing Committees.

9.1

Planning Proposal for Wolumla Deferred Matters

Pecuniary/non-pecuniary Interest

Cr McBain declared a pecuniary interest regarding Item 9.1, Planning Proposal for Wolumla Deferred Matters on the basis that she is employed as a solicitor by the firm that is engaged to act for the owners of Site1. 

RESOLVED unanimously on the motion of Cr Dodds and Fitzpatrick

That the items be dealt with separately.

03:34 pm       Cr McBain left the meeting.

206/17

RESOLVED on the motion of Councillors as noted below:

RESOLVED on the motion of Crs Dodds and Fitzpatrick

That the motion be put.

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

Against:                  Nil

Absent:                    Cr McBain

A motion was moved by Crs Bain and Nadin

That Council resolve to adopt the zoning and lot sizing for Site 1 - Ferndale Lane and Candelo-Wolumla Road, Wolumla as identified in Attachment 2 to the report.

1.         That Council officers be authorised to forward this Planning Proposal for Wolumla Deferred Matters to the Department of Planning for Gateway Determination in accordance with the zonings and lot sizes recommended within this report.

2.         That following Gateway Determination the Planning Proposal is placed on public exhibition and, following the exhibition period, a further report be submitted to Council for incorporation of these four sites within the Bega Valley Local Environmental Plan 2013.

3.         That Council officers commence work on a place based development plans for the villages that will link in with this Planning Proposal to provide a coordinated approach to the future development of Wolumla.

A motion was foreshadowed Crs Allen and Fitzpatrick

The motion was put to the vote and LOST.

In favour:             Crs Bain, Nadin and Griff

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

Absent:                    Cr McBain

RESOLVED on the motion by Crs Allen and Fitzpatrick

1.         That Council officers be authorised to forward this Planning Proposal for Wolumla Deferred Matters to the Department of Planning for Gateway Determination in accordance with the zonings and lot sizes recommended within this report.

2.         That following Gateway Determination the Planning Proposal is placed on public exhibition and, following the exhibition period, a further report be submitted to Council for incorporation of these four sites within the Bega Valley Local Environmental Plan 2013.

3.         That Council officers commence work on a place based development plans for the villages that will link in with this Planning Proposal to provide a coordinated approach to the future development of Wolumla.

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

Against:                  Nil

Absent:                    Cr McBain

04:06 pm       Cr McBain returned to the meeting.

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That Council resolve to adopt the zoning and lot sizing for Site 2 - Princes Highway, Wolumla as identified in Attachment 2 to the report.

1.         That Council officers be authorised to forward this Planning Proposal for Wolumla Deferred Matters to the Department of Planning for Gateway Determination in accordance with the zonings and lot sizes recommended within this report.

2.         That following Gateway Determination the Planning Proposal is placed on public exhibition and, following the exhibition period, a further report be submitted to Council for incorporation of these four sites within the Bega Valley Local Environmental Plan 2013.

3.         That Council officers commence work on a place based development plans for the villages that will link in with this Planning Proposal to provide a coordinated approach to the future development of Wolumla.

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

Against:                  Nil

RESOLVED on the motion by Crs Seckold and Bain

That Council resolve to adopt the zoning and lot sizing for Site 3 - 210 Candelo-Wolumla Road, Wolumla as identified in Attachment 2 to this report.

1.         That Council officers be authorised to forward this Planning Proposal for Wolumla Deferred Matters to the Department of Planning for Gateway Determination in accordance with the zonings and lot sizes recommended within this report.

2.         That following Gateway Determination the Planning Proposal is placed on public exhibition and, following the exhibition period, a further report be submitted to Council for incorporation of these four sites within the Bega Valley Local Environmental Plan 2013.

3.         That Council officers commence work on a place based development plans for the villages that will link in with this Planning Proposal to provide a coordinated approach to the future development of Wolumla.

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

Against:                  Cr Dodds

RESOLVED on the motion by Crs Fitzpatrick and Nadin

That Council resolve to adopt the zoning and lot sizing for Site 4 - 102 Old Mill Road, Wolumla as identified in Attachment 2 to the report.

1.         That Council officers be authorised to forward this Planning Proposal for Wolumla Deferred Matters to the Department of Planning for Gateway Determination in accordance with the zonings and lot sizes recommended within this report.

2.         That following Gateway Determination the Planning Proposal is placed on public exhibition and, following the exhibition period, a further report be submitted to Council for incorporation of these four sites within the Bega Valley Local Environmental Plan 2013.

3.         That Council officers commence work on a place based development plans for the villages that will link in with this Planning Proposal to provide a coordinated approach to the future development of Wolumla.

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

Against:                  Cr Dodds

Order of Business

207/17

RESOLVED unanimously on the motion of Crs Fitzpatrick and Tapscott

That Item 9.6 be moved and be heard after Item 9.1.

9.6

Section 82A review of determination - Lot 28 DP 1107525 K B Timms Drive, Eden - 5 lot subdivision

Pecuniary/non-pecuniary Interest

Cr Nadin declared a pecuniary interest regarding Item 9.6, Section 82A review of determination - Lot 28 DP 1107525 K B Timms Drive, Eden - 5 lot subdivision on the basis that the Developer is a father of his business partner and friend.  A signed declaration form was tabled by Cr Nadin for inclusion in the Register.

04:15 pm       Cr Nadin left the meeting.

Cr Tapscott made a statement that she previously owned land associated with the development  and had declared and left the meeting when this matter was presented to Council in the past.  Her interest in the land has now been sold and Cr Tapscott will remain in the meeting and take part in debate and voting on the matter.

RESOLVED on the motion by Crs Bain and Fitzpatrick

That the matter be heard today.

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

Against:                  Nil

Absent:                    Cr Nadin

208/17

RESOLVED on the motion of Crs Allen and Tapscott

1.      The development approval be deferred and the requested meeting take place between the applicant, Council staff and Councillors.

2.      The question raised by Mr Bothamley in relation to Timms Development relating to the report to Council on an administrative error in 2016 and 2013 be provided to Councillors

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

Against:                  Nil

Absent:                    Cr Nadin

9.2

Proposed application to re-establish Alcohol Free Zone Merimbula central business district

Pecuniary/non-pecuniary Interest

Cr Nadin declared a pecuniary interest regarding Item 9.2, Proposed application to re-establish Alcohol Free Zone Merimbula central business district on the basis that that he owns a business within the alcohol-free zone for the Merimbula CBD.  A signed declaration form was completed by Cr Nadin for inclusion in the Register.

04:30 pm       Cr Nadin left the meeting.

209/17

RESOLVED on the motion of Crs Tapscott and Fitzpatrick

1.         That the application from the NSW Police Force for the re-establishment of the Alcohol Free Zone in Merimbula ,as identified in Figure 1 to this report , with a map showing the Merimbula by pass for a period of four (4) years be placed on public exhibition for a period of 30 days.

2.         That a further report be submitted to Council after the completion of the exhibition period.

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

Against:                  Crs Griff

ABSTAINED:             Cr Dodds

Absent:                    Cr Nadin

9.3

Proposed establishment - Alcohol Free Zone Bega Commercial Centre

210/17

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.         That the application from the NSW Police Force for the re-establishment of the Alcohol Free Zone in Bega ,as identified in Figure 1 to this report , for a period of four (4) years be placed on public exhibition for a period of 30 days.

2.         That a further report be submitted to Council after the completion of the exhibition period.

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

Against:                  Cr Griff

Abstained:             Cr Dodds

9.4

Planning Proposal Mapping of Environmental Zones

Pecuniary/non-pecuniary Interest

Cr Bain declared a non-pecuniary interest regarding Item 9.4, Planning Proposal Mapping of Environmental Zones on the basis that she lives very close to Jigamy Farm.  A signed declaration form was tabled by Cr Bain for inclusion in the Register.

Cr Bain remained in the meeting room and took part in debate and voting.

RESOLVED on the motion of Councillors as noted below:

RESOLVED unanimously on the motion of Cr Griff and Dodds

That the items be dealt with separately.

RESOLVED on the motion of Crs Tapscott and Bain

1.      That Council adopt the recommendations for Site 1 as identified in Attachment 2 to the report.

2.      That Council officers be authorised to forward this Planning Proposal for Mapping of Environmental Zone to the Department of Planning for Gateway Determination in accordance with the recommendations contained within this report.

3.      That following Gateway Determination, the Planning Proposal be placed on public exhibition and following the exhibition period, a further report be submitted to Council summarising the submissions received during the exhibition period.

4.      That should no submissions be received during the exhibition period officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

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

Against:                  Crs Griff and Dodds

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.      That Council adopt the recommendations for Site 2 as identified in Attachment 2 to the report.

2.      That Council officers be authorised to forward this Planning Proposal for Mapping of Environmental Zone to the Department of Planning for Gateway Determination in accordance with the recommendations contained within this report.

3.      That following Gateway Determination, the Planning Proposal be placed on public exhibition and following the exhibition period, a further report be submitted to Council summarising the submissions received during the exhibition period.

4.      That should no submissions be received during the exhibition period officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

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

Against:                  Nil

RESOLVED on the motion of Crs Fitzpatrick and Griff

1.      That Council adopt the recommendations for Site 3 as identified in Attachment 2 to the report.

2.      That Council officers be authorised to forward this Planning Proposal for Mapping of Environmental Zone to the Department of Planning for Gateway Determination in accordance with the recommendations contained within this report.

3.      That following Gateway Determination, the Planning Proposal be placed on public exhibition and following the exhibition period, a further report be submitted to Council summarising the submissions received during the exhibition period.

4.      That should no submissions be received during the exhibition period officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

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

Against:                  Nil

RESOLVED on the motion of Crs Fitzpatrick and Griff

1.      That Council resolve to adopt the recommendations for Site 4 as identified in Attachment 2 to the report.

2.      That Council officers be authorised to forward this Planning Proposal for Mapping of Environmental Zone to the Department of Planning for Gateway Determination in accordance with the recommendations contained within this report.

3.      That following Gateway Determination, the Planning Proposal be placed on public exhibition and following the exhibition period, a further report be submitted to Council summarising the submissions received during the exhibition period.

4.      That should no submissions be received during the exhibition period officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

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

Against:                  Nil

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.      That Council resolve to adopt the recommendations for Site 5 as identified in Attachment 2 to the report.

2.      That Council officers be authorised to forward this Planning Proposal for Mapping of Environmental Zone to the Department of Planning for Gateway Determination in accordance with the recommendations contained within this report.

3.      That following Gateway Determination, the Planning Proposal be placed on public exhibition and following the exhibition period, a further report be submitted to Council summarising the submissions received during the exhibition period.

4.      That should no submissions be received during the exhibition period officers progress the Planning Proposal to finalisation and gazettal without a further report to Council.

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

Against:                  Nil

9.5

Planning Proposal Rural Residential Land South Pambula

Pecuniary/non-pecuniary Interest

Cr Bain declared a non-pecuniary interest regarding Item 9.5, Planning Proposal Rural Residential Land South Pambula on the basis that she is a former Nimmitabel resident and was an employee of the developers parents for some 30 years.  A signed declaration form was tabled by Cr Bain for inclusion in the Register.

Cr Bain remained in the meeting room and took part in debate or voting.

211/17

RESOLVED on the motion of Crs McBain and Griff

That the matter be deferred until the report to Council on the Rural Lands Strategy is considered.

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

Against:                  Nil

10.1

Community Project Proposals

Pecuniary/non-pecuniary Interest

Cr McBain declared a non-pecuniary interest regarding Item 10.1, Community Project Proposals on the basis that her family is involved in the Tathra AFL Club.  A signed declaration form was tabled by Cr McBain for inclusion in the Register.

Cr McBain remained in the meeting room and took part in debate or voting.

212/17

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.    That Council note the report and attached project summary.

2.    That Council approve the WIRES, Friends of Glebe Wetland “Memorial Seat and Renewal of Picnic Shelter” project.

3.    That Council support the Tathra Australian Football Club Inc. “Lawrence Park Upgrade” project.

4.    That Council support the construction of a Men’s Shed/Clubhouse at Colombo Park by Bemboka Sports Social and Recreation Club Inc. on the basis that there is a consolidation of buildings on the site.

5.    That Council support the proposal for a Men’s Shed at Pambula Sporting Complex by Pambula Men’s Shed Inc. on the basis that is consistent with the adopted masterplan for the site and planned building renewals and upgrades.

6.    That Council support the proposal for “Ford Park Recreation Improvements” by Rotary Club of Merimbula on the basis that the best ‘use and value’ for asset outcome is achieved, and noting there is no Council funding allocated to the project and external funding opportunities will need to be investigated by the group. 

7.    That Council support the proposal for “Bega River Reserve Signage Project” by Bega         River Wetlands and Landcare Group noting there is no Council funding allocated to the project and external funding opportunities will need to be investigated by the group.

8.    That Council support the proposal for “Candelo Playground Equipment” by the Candelo Market Committee on the basis that it is extended to include other parkland assets on an asset renewal basis.

9.    That Council support the proposal for “Bega Interpreted” by South Coast History Society Inc. and Bega Valley Historical Society noting there is no Council funding allocated to the project.

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

Against:                  Nil

10.2

Recreation asset insurance status

213/17

RESOLVED on the motion of Crs Bain and Seckold

That Council note the information in the report.

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

Against:                  Nil

10.3

2018 Citizen of the Year and Young Citizen of the Year Awards

214/17

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That the matter be deferred to the Closed Session for discussion. on the basis the business relates  to a) personnel matters concerning particular individuals (other than councillors).

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

Against:                  Nil

12.1

RFT 81/17 Central Waste Facility Supply and Installation of Geosynthetic Materials for Stage 3 Cell Liner and Stages 1 and 2 Cap

RESOLVED on the motion of Crs Allen and Bain

That Council accept the tender evaluation recommendation as outlined in the Confidential Attachment.

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

Against:                  Nil

215/17

RESOLVED on the motion of Crs Allen and Bain

1.         That Council accept the lump sum tender from Ecoline Solutions Pty Ltd in relation to contract for the works described in Tender RFT 81/17, in the amount of $758,211.12 (including GST), subject to variations and provisional sums.

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

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

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

Against:                  Nil

12.2

RFT 80/17 Central Waste Facility Stage 3 Construction and Stage 1 and 2 Capping Civil Works

RESOLVED unanimously  on the motion by Crs Allen and Fitzpatrick

That Council accept the tender evaluation recommendation as outlined in the Confidential Attachment.

216/17

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.         That Council accept the tender from J Michelin and Son in relation to contract for the works described in Tender RFT 80/17, in the amount of $970,042.95 (including GST) for the lump sum component of the works subject to variations and provisional sums, plus the unit rates tendered for excavation of Cell 3.  A conservative estimate of quantities based on a recent survey has been applied in the evaluation of this tender and the cost of the variable component of the work is estimated to be $331,000.

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

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

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

Against:                  Nil

12.3

Section 64 Contributions Supplementary Report - Alternative Charging Mechanisms

The Chairperson asked had any new matters been raised in the address to Council. 

The Acting Director Transport and Utilities advised that in his opinion no new matters had been raised.

A motion was moved by Crs Tapscott  and Nadin

That the matter be deferred on the basis that Councillors still had a number of questions on this matter, and that a further briefing be held.

A motion was foreshadowed by Cr Allen

1.         That the current arrangements for upfront levying of Section 64 charges to subdivision of land remain unchanged.

2.         That the current arrangements for upfront levying of Water and Sewerage Section 64 charges to commercial/industrial development be modified to allow for utilisation of a High Consumption Charge.

The motion was put to the vote and it was LOST

In favour:             Crs Nadin, Griff, McBain and Tapscott

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

The foreshadowed motion was seconded by Cr Bain and it was

217/17

RESOLVED on the motion of Crs Allen and Bain

1.          That Council note the report.

1.         That the current arrangements for upfront levying of Section 64 charges to subdivision of land remain unchanged.

2.         That the current arrangements for upfront levying of Water and Sewerage Section 64 charges to commercial/industrial development be modified to allow for utilisation of a High Consumption Charge.

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

Against:                  Cr Nadin

12.4

Management and Operation of Merimbula Airport

218/17

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.      That Council accept the conclusions and information as outlined in the report.

2.      That Council enter into negotiations to extend the existing Contract for Services for the management of Merimbula Airport for an additional two (2) years in accordance with existing contract documentation RFT 48/16 with Airport Agencies.

3.      That authority is delegated to the General Manager to enter into negotiations with Airport Agencies and to execute all necessary documentation.

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

Against:                  Nil

12.5

Bega Valley Local Traffic Committee

RESOLVED unanimously on the motion of Cr McBain and Griff

That the following matter be dealt with separately:

Loading Zone, Market Street, Merimbula

1.         That Council approve the removal of the existing loading zone on Market St, south-bound traffic, north side of intersection (in front of Promenade).

2.         That Council approve the installation of ‘No Stopping’ signs on Market St, south-bound traffic, north side of intersection (in front of Promenade).

3.         That Council contact the Merimbula Chamber of Commerce to notify them of this decision.

219/17

RESOLVED on the motion of Crs Bain and Nadin

That Council adopt the following recommendations of the Traffic Committee:

Sapphire Coast Drive Parking, Merimbula.

1.         That Council approve the removal of the time restricted 2 hour parking zone on the Eastern side of Sapphire Coast Drive between intersection of Main Street and Merimbula Drive, Merimbula for a trial basis during the construction phase of the supermarket in Main Street.

Lamont Street Traffic Blister, Bermagui.

1.         That Council reply in writing to Bermagui Area Chamber of Commerce and Tourism Inc. with the reasons the traffic blister project was initiated and the issues addressed with this construction. To be included in this letter is the width of the road with the traffic blister in place.

2.         That this community sub-group’s view is raised at the Access Committee.

Remove 1P Parking Space, Park Street, Merimbula

1.         That Council keep the parking spot as is and to monitor the effect on the merging traffic.

2018 Far South Coast National Show

1.         That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed from 9am to 5pm on 17, 18 and 19 February 2018 for the Far South Coast National Show.

2.         That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 17, 18 and 19 February 2018 for the Far South Coast National Show.

3.         That the proposed traffic arrangements for the Far South Coast National Show be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

Bermagui Seaside Fair – 10^th March 2018

1.         That, subject to conditions, Scenic Drive, Bermagui from Endeavour Point Headland will be temporarily closed from 9:30am to 11.30am on Saturday 10 March 2018 for the Bermagui Seaside Fair street parade.

2.         That, subject to conditions, Lamont Street, Bermagui between the intersections of Montague Street and Wallaga Street, be temporarily closed from 9:30am to 11.30am on Saturday 10 March 2018 for the Bermagui Seaside Fair street parade.

3.         That the proposed traffic arrangements involving the temporary closure of Scenic Drive and Lamont Street, Bermagui for the Bermagui Seaside Fair street parade on Saturday, 10 March 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

Bar Beach Proposed Access restriction, Merimbula

1.         That Council approve the installation of R6-248 signage at the car park entrance on Bar Beach Road, Merimbula prohibiting vehicles over 7.5 metres from the Bar Beach car park, service vehicles excepted.

Bermagui-Cobargo Intersection with Wallaga Lake Road

1.         That Council approve the replacement of the give way sign at the Bermagui-Cobargo and Wallaga Lake Road be changed with a stop sign during the minor upgrades.

Parking at Pambula Beach Road, Pambula Beach

1.         That Council inform the Lumen Christi Catholic College Principal that the Local Traffic Committee reviewed the need for the ‘No Stopping’ signs on Pambula Beach Road and have not changed their position on this matter. Accordingly, the signs will not be removed.

2.         That Council inform the Lumen Christi Catholic College Principal in writing of the above reasons for this decision.

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

Against:                  Nil

220/17

RESOLVED on the motion of Crs Nadin and Griff

That Council adopt the following recommendation of the Traffic Committee:

Loading Zone, Market Street, Merimbula

1.         That Council approve the removal of the existing loading zone on Market St, south-bound traffic, north side of intersection (in front of Promenade).

2.         That Council approve the installation of ‘No Stopping’ signs on Market St, south-bound traffic, north side of intersection (in front of Promenade).

3.         That Council contact the Merimbula Chamber of Commerce to notify them of this decision.

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

Against:                  Nil

12.6

Scheduled Maintenance of Hanscomb Creek Bridge and Johnson Creek Bridge, Garfields Road, Numbugga

A motion was moved by Crs Allen and Bain

That the matter be moved to closed session

The motion was put to the vote

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

Against:        Nil

During the vote on the motion a member of the public interjected to inform the meeting that it had no statutory justification to refer the matter to Closed Session.

A supplementary motion was requested and that supplementary motion was moved by Cr Allen and seconded by Cr Bain.

That the matter be moved to Closed Session on the basis the business relates  to a) personnel matters concerning particular individuals (other than councillors).

221/17

RESOLVED on the motion of Crs Allen and Bain

That the matter be moved to Closed Session on the basis the business relates  to a) personnel matters concerning particular individuals (other than councillors).

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

Against:            Cr Griff

12.7

Bega Valley Traffic Committee Supplementary Agenda

RESOLVED on the motion of Nadin and Seckold

That Council adopt the following recommendations of the Traffic Committee:

Accessible Parking; Cobargo car park

1.               Council approve the installation of an accessible car space at the south eastern end of the Council car park located in Cobargo.

2.          Council approve the installation of a “No Stopping” zone, for a length of 68 metres along the northern kerb line of the Council car park located in Cobargo.

3.          Council approve the installation of a “No Stopping” zone, for a length of 20 metres along the southern kerb line of the Council car park located in Cobargo.

Accessible Parking; Ocean Drive, Merimbula

1.         That Council approve the installation of an accessible car space and shared zone at a location adjacent to the pedestrian access gate to the site on Ocean Drive, Merimbula.

Lumen Christi College traffic on Pambula Beach Road, Pambula Beach

1.         That Council note that a request for Give Way to Pedestrians signage / marking was received for the entry into the college carpark.

2.         That Council keep the signage / markings as is.  The LTC agreed that the current signage is sufficient in this location and that additional signage is not required; drivers should be aware of the requirements of the Motor Traffic Act.

Bega Australia Day Celebration – 26 January 2018

1.         That, subject to conditions, Zingel Place, between the Sapphire Marketplace roundabout and entrance to the Littleton Gardens car park be temporarily closed between 6:30am and 12pm on Friday, 26 January 2018 for the Bega Australia Day celebrations.

2.         That the proposed traffic arrangements involving the temporary closure of Zingel Place, for the Bega Australia Day celebrations on Friday, 26 January 2018, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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, Police and Roads and Maritime Services by name for the event.

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

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

Against:                  Nil

13.1

Appointment of Delegates to attend Conferences 2017/18 and Councillor development program 2018

RESOLVED unanimously on the motion of Crs Tapscott and Seckold

That each item to be dealt with separately.

RESOLVED on the motion of Cr Dodds and Griff

That the Communities in Control Conference to be held in May 2018 be added to the list of conferences to be considered for attendance by Council.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

RESOLVED on the motion of Cr Bain and Nadin

That no delegates attend the LG NSW Tourism Conference.

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

Against:                  Crs Griff and Dodds

RESOLVED on the motion of Crs Tapscott and Seckold

That Crs Seckold, Tapscott and Dodds attend the Australian Local Government Women’s Association in Gundagai.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

RESOLVED on the motion of Cr Griff and Dodds

That the a decision on attendance at the 2018 Australian Coastal Councils Conference in Geelong, be deferred until the program is available.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

RESOLVED on the motion of Crs McBain and Bain

That no Councillors attend the NSW Local Government Women’s Association conference.

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

Against:                  Nil

A motion was moved by Crs Griff and Dodds

That attendees at the Australian Local Government Association National General Assembly be the Mayor and Crs Griff Tapscott and Dodds.

A motion was foreshadowed Cr Bain that the Mayor and General Manager attend the Australian Local Government Association National General Assembly, with no other Councillor attendance.

The motion was put to the vote and it was

RESOLVED on the motion of Crs Griff and Dodds

That attendees at the Australian Local Government Association National General Assembly be the Mayor and Crs Griff Tapscott and Dodds.

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

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

A motion was moved by Cr Dodds and Griff

That attendees at the Australian Local Government Association National General Assembly Canberra – Refugee Welcome Forum be Cr Dodds.

The motion was LOST

In favour:             Crs Griff, McBain, Tapscott and Dodds

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

A motion was moved Cr Bain and Nadin

That no Councillors attend Communities in Control Conference.

A motion was foreshadowed by Cr Dodds

That Cr Dodds attend the Communities in Control Conference and cover her own accommodation costs.

The motion was put to the vote and it was CARRIED

RESOLVED on the motion of Crs Bain and Nadin

That no Councillors attend Communities in Control Conference.

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

Against:                  Crs Griff, Tapscott and Dodds

222/17

RESOLVED on the motion of Councillors as noted above

Councillors to attend the following conferences/forums are:

13.2

Asset review - setting the framework for 2018/19 and into the refocus of the long term financial plan

223/17

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.            That Council note the report.

2.            That the actions outlined by asset class be referred to the asset management, delivery plan and long term financial plan review for the 2018/19 year.

3.            That staff begin reviewing and reporting to Council in relation to specific actions outlined relating to Council lands and buildings.

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 Fitzpatrick - Question regarding Water Security and Biodiversity in Rural Areas

The response included in the Business Papers for the meeting of 13 December, 2017 was noted.

19.2

Cr Bain Question on Notice - Wanatta Lane Satellite station

The response included in the Business Papers for the meeting of 13 December, 2017 was noted.

20.1

Roving Councillor Community Workshops

Cr Mitchell Nadin asked a question about the plans to hold roving Councillor community workshops

The General Manager advised that these are in the process of being organised during the Autumn of 2018.

20.2

Merimbula Parking Update

Cr Mitchell Nadin asked the General Manager for and update for Councillors  on the parking situation in Merimbula.

The General Manager advised the following options had been considered or actions taken:

·         Beach Street – issue with tenure and cost precluded this option

·         Summer Bus – Council had offered financial support to Merimbula Tourism to run a free bus service, however advice has been received that Merimbula Tourism has decided they are not going ahead with this option.

·         Berrambool sporting fields parking area has been checked and is being promoted for staff parking.

·         The short term lease of the Council site – as Market Street concludes this week, alternative sites have been offered by the building company for parking for employees and the matter is still being considered.

·         A flyer has been distributed to Merimbula businesses and copied to Councillors with a map showing parking locations and parking times.

Cr Nadin asked if Council intended in extending or sealing parking areas at Berrambool.

The Acting Director Transport and Utilities advised this would not be done, consideration was for the use of existing parking on that site.

20.3

Bus Stops Wolumla and Wyndham Schools

Cr Russell Fitzpatrick  asked could Council staff liaise  with the Principals of Wolumla and Wyndham schools regarding the opportunity to apply for grant funding under the Transport Infrastructure Scheme (open until 28 February 2018) for safety improvements to the bus stops at these two schools.

The question was taken on notice by the Acting Director Transport and Utilities.

20.4

Renewable Energy

Cr Cathy Griff asked what steps are being taken towards the Council’s use of renewable energy.

The question was taken on notice by the Acting Director Planning and Environment.

Adjournment Into Closed Session

Council did not ascertain if any member of the public wanted to make a deputation prior to adjourning to Closed Session.

224/17

RESOLVED on the motion of Crs Nadin and Dodds

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

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business 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.

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to a) personnel matters concerning particular individuals (other than councillors),

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to a) personnel matters concerning particular individuals (other than councillors),

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).

22.1

Closed Session Item: 21.1Review of Corporate Business Systems

225/17

RESOLVED on the motion of Crs Nadin and Dodds

That Council proceed to evaluate alternative corporate business systems in preparation for a future RFT (Request for Tender) for the provision of a Corporate Business System and Services Solution.

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

Against:                  Nil

22.2

Closed Item 21.2 Item 10.3. deferred from the Ordinary Meeting:  2018 Citizen of the Year and Young Citizen of the Year Awards

226/17

RESOLVED on the motion of Crs Seckold and Bain

1.   That Council note the resolution of the Closed Session.

2.   That the successful nominees be advised they will be presented with their awards at the Australia Day Ceremony to be held in Bega on 26 January 2018, and that announcement of the awardees will be kept confidential until the official Australia Day program is released.

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

Against:                  Nil

22.3

Closed Item 21.3 Item 12.6 deferred from the Ordinary Meeting:  Scheduled Maintenance of Hanscomb Creek Bridge and Johnson Creek Bridge, Garfields Road, Numbugga

227/17

RESOLVED on the motion of Crs Nadin and Bain

That the recommendation of the Closed Session be noted and that discussion with private landowners be undertaken by Council staff.

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

Against:                  Nil