1.

Apologies

50/18

RESOLVED on the motion of Crs Tapscott and Griff

That the leave of absence from 1 May 2018 to 2 May 2018 requested by Cr Dodds be accepted.

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

Against:                  Nil

Absent:                    Cr Dodds

2.

Confirmation of Minutes

51/18

RESOLVED on the motion of Crs Bain and Seckold

That the Minutes of the Ordinary Meeting held on 11 April 2018 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Dodds

4.1

Deputations to Council

52/18

RESOLVED unanimously, with Cr Dodds absent ,on the motion of Crs Nadin and Fitzpatrick

That the following persons be given leave to address Council:

Regarding Item 9.1:  DA No 2008.629 Application to Modify Development Consent for Merimbula Nominees.

·         Mr David Jesson.

Regarding Item 18.1. Cr Mitchell Nadin - Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve

Mr Les Murphy on behalf of the North Tura Beach Residents' Association Inc (authority supplied).

Mr Jesson addressed the Council.

RESOLVED unanimously, with Cr Dodds absent, on the motion of Crs Nadin and Griff

That Mr Jesson be given an extension of two minutes to complete his address.

Mr Jesson responded to questions from Councillors.

The Mayor thanked Mr Jesson for his address.

Mr Murphy addressed the Council.

RESOLVED unanimously, with Cr Dodds absent, on the motion of Crs Bain and Fitzpatrick

That Mr Murphy be given an extension of two minutes to complete his address

Mr Murphy responded to questions from Councillors.

The Mayor thanked Mr Murphy for his address.

5.1

Fire Access Mirador Estate

Cr Kristy McBain  tabled a Petition with 127 signatures regarding:

·         Re-opening  and upgrade of Berrambool Drive to allow a secondary fire escape route from Mirador Estate, Merimbula.

·         Maintenance of Asset Protection Zones.

·         Construction of a perimeter access track for fire and emergency vehicles.

·         Controlled burns in bushland surrounding the Mirador Estate.

8.

Adjournment into Standing Committees

There were no Standing Committee Reports

9.1

Application to modify development consent for Merimbula Nominees

Pecuniary Interest

Cr Tapscott declared a pecuniary regarding Item 9.1 Application to modify development consent for Merimbula Nominees on the basis that she is a part owner of a unit in Main Street Merimbula.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register.

2.39 pm Cr Tapscott left the meeting room.

The Mayor asked the Director Community, Planning and Environment, if any new matters had been raised in the address to Council.

The Director advised that, in his opinion, the matter could be dealt with today.

RESOLVED, unanimously (with Crs Dodds and Tapscott absent) on the motion of Bain and Griff

That the matter be heard today.

53/18

RESOLVED on the motion of Crs Fitzpatrick and Allen

That the matter be deferred to allow a further report to Council regarding the timeframe for the construction and availability of the access road associated with the Merimbula Nominees and Club Sapphire development.

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

Against:                  Nil

Absent:                    Cr Dodds and Tapscott

2.51 pm Cr Tapscott returned to the meeting room.

9.2

Biosecurity/Weed Management Plan

54/18

RESOLVED on the motion of Crs McBain and Bain

1.         That the report be noted.

2.         That Council adopts the principles and priorities identified within the South East Strategic Weeds Management Plan and further prioritises actions through 8 local management programs listed below based on local risk, impact and feasibility of control:

- Serrated Tussock (Nasella trichotoma)

- African Love Grass (Eragrostis curvula)

- St John’s Wort (Hypericum perforatum)

- Gorse (Ulex europaeus)

- Chilean Needle Grass (Nasella neesiana)

- Crofton Weed (Ageratina adenophora)

- Sagittaria (Sagittaria platyphylla

- Blackberry (Rubus fruiticosus spp aggregrate, excluding listed cultivars)

3.         That Council place the draft Local Weed Management Plan on public exhibition for a period of no less than 28 days.

4.         That if no submissions are received following the public exhibition period the Local Weed Management Plan will be considered finalised. A further report will be presented to Council if public submissions are received.

5.         That Bega Valley Shire Council write to the Minister for Primary Industries, The Hon Niall Blair, to seek funding for significant agricultural land for weed eradication, reduction and management.

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

Against:                  Nil

Absent:                    Cr Dodds

10.1

Refugee Welcome Signs

A motion was moved by Crs Fitzpatrick and Bain

1.    That Council note the report.

2.    That Council resolve not to install Refugee Welcome signs on Council owned land.

A motion was foreshadowed by Cr Griff

That Council resolve to install Refugee Welcome signs on Council owned land near the entrance to Council’s Library Services at Bermagui, Bega, Tura Beach and Eden

The motion was put to the vote:

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, McBain, Seckold and Tapscott

Absent:                    Cr Dodds

The motion was considered lost on the casing vote of the Mayor

The foreshadowed motion moved by Cr Griff was seconded by Cr Seckold

That Council resolve to install Refugee Welcome signs on Council owned land near the entrance to Council’s Library Services at Bermagui, Bega, Tura Beach and Eden.

The motion was put to the vote and it was CARRIED on the Mayor’s casting vote

55/18

RESOLVED on the motion of Crs Nadin and Seckold

That Council resolve to install Refugee Welcome signs on Council owned land near the entrance to Council’s Library Services at Bermagui, Bega, Tura Beach and Eden.

In favour:             Crs Griff, McBain, Seckold and Tapscott

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

Absent:                    Cr Dodds

CARRIED on the Mayor’s casting vote.

10.2

Council Land for Social and Affordable Housing Initiatives

Suspension of Standing Orders

RESOLVED unanimously (with Cr Dodds absent), on the motion of Crs Fitzpatrick and Allen

That Standing Orders be suspended to allow Mr Michael Brosnan, to address the Council to provide information to Councillors regarding a meeting between the Social Justice Advocates for the Sapphire Coast and the Reflections Holiday Parks Trust.

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

The Mayor invited the Chair of Sapphire Coast Tenancy Scheme, Mr Bill Taylor to also address the Council.

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

RESOLVED unanimously (with Cr Dodds absent), on the Cr Fitzpatrick and Nadin

That Standing Orders be resumed.

A motion was moved by Crs Fitzpatrick and Griff

1.   That the report be received and noted.

2.   That Council offer for lease, land, to an appropriate community based organisations for a social housing initiative on the basis of a financial return to Council over the life of the lease.

3.   That Council advocate, either through the Canberra Region Joint Organisation or directly to the NSW Government, that it consider adopting a similar program to the Victorian Government’s ‘Social Housing Investment Planning’ Grants Program to Local Government.

4.   That Council officers work with a relevant partner organisation to identify Council owned and/or managed land suitable for future applications to the NSW Government’s Social and Affordable Housing Fund.

Cr Bain proposed an amendment to the motion to remove point 2:

1.   That the report be received and noted.

2.   That Council advocate, either through the Canberra Region Joint Organisation or directly to the NSW Government, that it consider adopting a similar program to the Victorian Government’s ‘Social Housing Investment Planning’ Grants Program to Local Government.

3.   That Council officers work with a relevant partner organisation to identify Council owned and/or managed land suitable for future applications to the NSW Government’s Social and Affordable Housing Fund.

The amendment was rejected by Cr Fitzpatrick.

Cr Griff proposed an amendment to Point 2 of the motion to include a timeframe of three to six months for provision of the land.

The General Manager suggested the following amendment.

1.   That the report be received and noted.

2.   That Council commit to work with community based organisations to identify, and report back to Council, on land it could make available for a social housing initiative on the basis of a financial return to Council over the life of the lease.

3.   That Council advocate, either through the Canberra Region Joint Organisation or directly to the NSW Government, that it consider adopting a similar program to the Victorian Government’s ‘Social Housing Investment Planning’ Grants Program to Local Government.

4.   That Council officers work with a relevant partner organisation to identify Council owned and/or managed land suitable for future applications to the NSW Government’s Social and Affordable Housing Fund.

The amendment was accepted by Cr Fitzpatrick.

Cr Griff suggested an amendment:

1.   That the report be received and noted.

2.   That Council commit to work with community based organisations to identify, and report back to Council within six months, on land it could make available for a social housing initiative on the basis of a financial return to Council over the life of the lease.

3.   That Council advocate, either through the Canberra Region Joint Organisation or directly to the NSW Government, that it consider adopting a similar program to the Victorian Government’s ‘Social Housing Investment Planning’ Grants Program to Local Government.

4.   That Council officers work with a relevant partner organisation to identify Council owned and/or managed land suitable for future applications to the NSW Government’s Social and Affordable Housing Fund.

The amendment was accepted by Cr Fitzpatrick.

Cr Nadin suggested an amendment:

1.   That the report be received and noted.

2.   That Council commit to work with community based organisations to identify, and report back to Council within six months, on land it could make available for a social housing initiative on the basis of a financial return to Council.

3.   That Council advocate, either through the Canberra Region Joint Organisation or directly to the NSW Government, that it consider adopting a similar program to the Victorian Government’s ‘Social Housing Investment Planning’ Grants Program to Local Government.

4.   That Council officers work with a relevant partner organisation to identify Council owned and/or managed land suitable for future applications to the NSW Government’s Social and Affordable Housing Fund.

Cr Fitzpatrick rejected the amendment.

The motion of Crs Fitzpatrick and Griff with amendments reads:

1.   That the report be received and noted.

2.   That Council commit to work with community based organisations to identify, and report back to Council within six months, on land it could make available for a social housing initiative on the basis of a financial return to Council over the life of the lease.

3.   That Council advocate, either through the Canberra Region Joint Organisation or directly to the NSW Government, that it consider adopting a similar program to the Victorian Government’s ‘Social Housing Investment Planning’ Grants Program to Local Government.

4.   That Council officers work with a relevant partner organisation to identify Council owned and/or managed land suitable for future applications to the NSW Government’s Social and Affordable Housing Fund.

The motion was put to the vote and it was CARRIED

56/18

RESOLVED on the motion of Crs Fitzpatrick and Griff

1.   That the report be received and noted.

2.   That Council commit to work with community based organisations to identify, and report back to Council within six months, on land it could make available for a social housing initiative on the basis of a financial return to Council over the life of the lease.

3.   That Council advocate, either through the Canberra Region Joint Organisation or directly to the NSW Government, that it consider adopting a similar program to the Victorian Government’s ‘Social Housing Investment Planning’ Grants Program to Local Government.

4.   That Council officers work with a relevant partner organisation to identify Council owned and/or managed land suitable for future applications to the NSW Government’s Social and Affordable Housing Fund.

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

Against:                  Cr Nadin

Absent:                    Cr Dodds

12.1

RFT 17.18 Sewerage Works Panel

Non -Pecuniary Interest

Cr Bain declared a non-pecuniary  interest regarding Item12.1 RFT 17/18 Sewerage Works Panel on the basis that she has a recreational interest business relationship with one of the tenderers.  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.

RESOLVED unanimously (with Cr Dodds absent)  the motion of Crs Bain and Tapscott

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

57/18

RESOLVED on the motion of Crs Bain and Tapscott

1.          That Council accept all tenderers in relation to the services described in RFT 17/18 for the establishment of a Sewerage Works Panel:

·        Bega Bobcats Pty  Ltd

·        Bulbeck Enviro Pty Ltd (incorporating OdourPro Pty Ltd)   

·        Dekort Systems Pty Ltd tlas Dekort Systems Pty Ltd

·        Envirokey Pty Ltd

·        Hisway Pty Ltd

·        Interflow Pty Ltd

·        Jason Sirl Excavations Pty Ltd

·        John Michelin & Son Pty Ltd

·        Kaufline Investments Pty Ltd a/if Kaufline Family Trust Vas South East Civil & Crane

·        Plevey & Son Pty Ltd

·        RD Miller Pty Ltd

·        Southeast Engineering and Environmental

·        Woodstock Contracting Pty Ltd

2.          That authority is delegated to the General Manager and/or Mayor 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 and Allen

Against:                  Nil

Absent:                    Cr Dodds

12.2

Bega Valley Local Traffic Committee

58/18

RESOLVED on the motion of Crs Bain and Nadin

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

184.RSP.015 Proposed “No Stopping” zone on the corner of Ives and Toallo Streets Pambula.

1.         Council approve the installation of a “No Stopping” zone at the western side of the intersection of Ives and Toallo Streets Pambula, commencing at a distance of 6 metres from the property line of Ives Street and a distance of 20 metres westerly along Toallo Street from the property line intersection.

2.         Council approve the installation of a “No Stopping” zone at the eastern side of the intersection of Ives and Toallo Streets Pambula, commencing at a distance of 6 metres from the property line of Ives Street and a distance of 60 metres easterly along Toallo Street from the property line intersection.

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

Against:                  Nil

Absent:                    Cr Dodds

12.3

RFT 06/18 Garden Organic and Timber Waste Processing

4.35 pm Cr Nadin departed the meeting room

A motion was moved by Crs Fitzpatrick and Bain

That the matter be deferred to Closed Session on the basis that the discussion would concern , under Section 10A(2) of the Local Government Act 1993: 

(d)  commercial information of a confidential nature that would, if disclosed:

(i)    prejudice the commercial position of the person who supplied it.

4.39 pm Cr Nadin returned to the meeting room

The Mayor called for representations by members of the public regarding closure of part of meeting.  There were no representations.

59/18

RESOLVED on the motion of Crs Fitzpatrick and Bain

That the matter be deferred to Closed Session on the basis that the discussion would concern , under Section 10A(2) of the Local Government Act 1993:

(d)  commercial information of a confidential nature that would, if disclosed:

(i)    prejudice the commercial position of the person who supplied it.

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

Against:                  Nil

Absent:                    Cr Dodds

15.

Adoption of reports from Standing Committees

There were no reports to Standing Committees

16.1

Australian Local Government Women's Association Conference 2018 (NSW branch) – ‘Celebrating Rural Women’

The report included in the Agenda for the 1 May 2018 meeting was noted.

7.1

Parking in Merimbula

 Cr Nadin withdrew his proposed Urgent Business, as the matter has been deferred to a future meeting.

18.1

Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve

Cr McBain declared a non-pecuniary regarding Item 18.1 Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve, on the basis that she lives in the Tura Beach area.  A signed declaration form was tabled by Cr McBain for inclusion in the Register, noting Cr McBain will remain in the meeting room, and take part in debate and voting on this item.

A motion was moved by Cr Nadin and Fitzpatrick

That the following items be further clarified and reported to Council for inclusion in appropriate works plan for the site:

·       Vegetation management items including retention of banksias and melaleucas (trees) at The Point site and Dolphin Cove site (indicated on map) and options for clearing of other vegetation types including wattle (acacia sophorae) and tea tree (leptospermum) and deadwood.

·       Management of vegetation canopies on both sites

·       Reduction in understory density in secondary Dolphin Cove site when funding becomes available.

·       The extent of future vegetation and general site management for The Point site. 

·       The use intermittent native plantings - not bollards or a walking track - to delineate APZs.

Cr Fitzpatrick suggested the following  amendments to Cr Nadin’s Notice of Motion by adding an additional point:

2.    That the following Items in the Site Management Plan Attachment A be amended as follows:

·         Item 3  – remove installation of bollards

·         Item 5 -  add the following wording  “Remove vegetation in Dolphin Cove Carpark and also clear access path to a width of 3 metres wide to the top of the northern beaches

·         Item 6 – amend to read “Remove all Vegetation identified in area 12”.

·         Item 12 – Remove the entire item

·         Item 13 – amended to read “Update signage”

The amendment was accepted by Cr Nadin

Cr Nadin proposed an amendment to his motion that the words “and reported to Council” be replaced with :”the information be provided to Councillors in a memorandum”

The amendment was accepted by Cr Fitzpatrick

The motion was put to the vote and it was CARRIED

60/18

RESOLVED on the motion of Crs Nadin and Fitzpatrick

1.   That the following items be further clarified and the information provided to Councillors by memorandum, for inclusion in appropriate works plan for the site:

·    Vegetation management items including retention of banksias and melaleucas (trees) at The Point site and Dolphin Cove site (indicated on map) and options for clearing of other vegetation types including wattle (acacia sophorae) and tea tree (leptospermum) and deadwood.

·    Management of vegetation canopies on both sites

·    Reduction in understory density in secondary Dolphin Cove site when funding becomes available.

·    The extent of future vegetation and general site management for The Point site. 

•     The use intermittent native plantings - not bollards or a walking track - to delineate APZs.

2.    That the following Items in the Site Management Plan Attachment A be amended as follows:

·         Item 3  – remove installation of bollards

·         Item 5 -  add the following wording  “Remove vegetation in Dolphin Cove Carpark and also clear access path to a width of 3 metres wide to the top of the northern beaches

·         Item 6 – amend to read “Remove all Vegetation identified in area 12”.

·         Item 12 – Remove the entire item

·         Item 13 – amended to read “Update signage”

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

Against:                  Crs Griff and Tapscott

Absent:                    Cr Dodds

20.1

Hotel Australasia

Cr Tapscott asked could Councillors receive an update on the Hotel Australasia negotiations?

The Director Business and Governance advised that negotiations are nearing completion with Solicitors fine tuning some details and the contract will be reported back to Council prior regarding delegations to enable the General Managers signature.

20.2

Policy regarding business window coverage

Cr Tapscott asked does Council have a window covering policy (ie only 50% of window to be covered by advertisements or other)?

If so is this triggered when a DA for “change of use” is lodged and how is this policy enforced?

The question was taken on notice by the Director Community, Planning and Environment and the information was provided to Councillors via email being:

EXEMPT REQUIREMENTS

Window signage can be exempt if it meets the following requirements;

Exempt and Complying SEPP

The standards specified for that development are that the development must:

(a)      not cover more than 20% of the surface of the window in which it is displayed or 6m2, whichever is the lesser, and

(b)      not be illuminated, and

(c)      if it involves a sign advertising a home business, home industry or home occupation—not result in more than one sign per premises.

(There are also a number of exclusions from these exempt requirements including heritage listed buildings).

Schedule 2 of our BVLEP 2013

Clause (8) Window signs (attached to, or displayed on, a shop window): 

(a)      Maximum 1 per shopfront.

(b)      Must be located on ground level.

(c)      At least 50% of front window must remain uncovered.

DEVELOPMENT APPLICATION REQUIREMENTS

Development Applications for signage are assessed in accordance with BVLEP 2013, BVDCP 2013 and SEPP 64.

These requirements are enforced as part of the Section 79C assessment and conditions of consent.

The following are specific assessment requirements;

DCP 2013

Clause 5.11.1.3 Bulk, scale, shape and size

•        Signage must conform to the desired future character of the area and not dominate the streetscape or view.

•        Signage must complement the character, architectural design and period of construction of the building and surrounding buildings.

•        Signage must be clear, simple and concise. In some instances, graphic symbols may be more effective than words.

•        Signage will not extend beyond the dimensions of the building (or features they are mounted on in terms of width or length e.g. awning facia).

•        Not more than 40% of any wall surface visible from a public place or reserve will be covered by signage.

·         At least 50% of front windows will remain uncovered by signage (including lifestyle signage)

·         Designated signage panels must be allocated to each tenancy on the façade of all new buildings. Such panels must be appropriately sized and placed to compliment the architectural features of the building.

·         The shape of the signage can be varied to create a distinctive image, however, care is needed to ensure larger signage fit rather than dominate their surroundings.

Schedule 1 of SEPP 64

1           Character of the area

•        Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

•        Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

2           Special areas

•        Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas,

•        open space areas, waterways, rural landscapes or residential areas?

3              Views and vistas

•        Does the proposal obscure or compromise important views?

•        Does the proposal dominate the skyline and reduce the quality of vistas?

•        Does the proposal respect the viewing rights of other advertisers?

4           Streetscape, setting or landscape

•        Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

•        Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

•        Does the proposal reduce clutter by rationalizing and simplifying existing advertising?

•        Does the proposal screen unsightliness?

•        Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

•        Does the proposal require ongoing vegetation management?

5           Site and building

•        Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

•        Does the proposal respect important features of the site or building, or both?

•        Does the proposal show innovation and imagination in its relationship to the site or building, or both?

6           Associated devices and logos with advertisements and advertising structures

•        Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

7           Illumination

•        Would illumination result in unacceptable glare?

•        Would illumination affect safety for pedestrians, vehicles or aircraft?

•        Would illumination detract from the amenity of any residence or other form of accommodation?

•        Can the intensity of the illumination be adjusted, if necessary?

•        Is the illumination subject to a curfew?

8           Safety

•        Would the proposal reduce the safety for any public road?

•        Would the proposal reduce the safety for pedestrians or bicyclists?

•        Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

20.3

Letter to Minister for Health

Cr Tapscott asked has the letter to the Health Minister, Brad Hazzard, as resolved by this Council on 21 February 2018, the upgrade of Pambula Hospital been sent and if so has Council received a reply?

The General Manager responded that a letter has recently been finalised and has now been sent.

20.4

Mirador Estate Petition

Cr McBain asked questions regarding the Petition tabled by her earlier in the meeting:

Who maintains APZ in the Mirador area?

Who would undertake controlled burns in that area and is that the responsibility of a private landholder, State agency or Council?

The question was taken of notice by the Director Community, Planning and Environment.

20.5

Rural Lands Strategy

Cr Bain asked could the General Manager advise when the Rural Lands Strategy will come before Council again and when that would be?

The General Manager advised there has been a delay due to staff resources and that the report will be presented within this financial year.

The Director Community, Planning and Environment advised a Councillor briefing will be held on this matter.

20.6

Cost of Sale - Hotel Australasia

Cr Nadin asked could Councillors be provided with the approximate estimate of the costs for the sale of the Hotel Australasia, so far?

The question was taken on notice by the General Manager who advised that as the matter was not concluded and still with legal parties, that the information would be provided when the matter was reported to Council.

20.7

Paint Back Scheme

Cr Nadin noted information he had become aware of regarding a Paint Back Scheme, where a levy of 15c is charged on paint tins to account for the collection and treatment of waste paint.  Cr Nadin advised to his knowledge, there is no depot for return of unused paint in the Bega Valley, with the closest depot being in the ACT and asked was this correct?

The question was taken on notice by the General Manager on behalf of the Director Assets and Operations.

20.8

Compliment for Merimbula Town Team

Cr Bain asked could the General Manager pass on to the Town Team in Merimbula compliments on the wonderful job undertaken with replanting and garden maintenance in the area.

The General Manager thanked Cr Bain for her comments and advised she was aware the new Town Team Leader in Merimbula was developing a program to implement value adding when undertaking routine maintenance and that through the Director, Assets and Operations, staff would be advised of Cr Bain’s compliments to the Merimbula Town Team.

20.9

Cattle Bay Marina - Eden Magnet Article

Cr Fitzpatrick referred to an article in the Eden Magnet headed “Dispute Resolved” in regard to the Cattle Bay Marina development, inferring Council has weakened the position.

He asked the General Manage to confirm that no ratepayers money was lost and that the current situation is as per the resolution of Council to proceed to the Joint Regional Planning Panel and what was the outcome of that?

The General Manager confirmed that the question was regarding arbitration regarding the Cattle Bay matter.  She advised there was a Council resolution and Council would be aware that amendments were made to Council’s developer servicing charging mechanism.  The change means Council  still receiving the same amount of money.  She indicated that the developers are now taking up the offer in relationship to using the high use scheme rather than the contribution by way of Section 64 contributions.  This is what was negotiated through the conciliation process and there is no loss of Council revenue, rather an alternate way of the developer paying the contributions.

Adjournment Into Closed Session

61/18

RESOLVED on the motion of Crs Bain and Seckold

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 (a) the report contains personnel matters concerning particular individuals.

Reason for Confidentiality

Discussion on this item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993 in relation to confidential business, on the basis it will concern:

(d)  commercial information of a confidential nature that would, if disclosed:  (i) prejudice the commercial position of the person who supplied it

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).

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

Against:                  Nil

Absent:                    Cr Dodds

22.1

Closed Item 21.1- Personnel Matter

62/18

RESOLVED on the motion of Crs Griff and Seckold

That the matter be deferred until the 23 May 2018.

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

Against:                  Nil

Absent:                    Cr Dodds

22.2

Item 12.3 deferred from the Ordinary Meeting RFT 06/18 Garden Organic and Timber Waste Processing

63/18

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.      That Council accept the tender from A&D Tree Services Pty Ltd in relation to contract for the services described in Tender 06/18, for an approximate annual cost of $111,444 (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 and Allen

Against:                  Nil

Absent:                    Cr Dodds