Present

Cr Bill Taylor – Mayor

Cr Russell Fitzpatrick – Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

In Attendance

General Manager, Mr Peter Tegart

Group Manager Community and Relationships, Ms Leanne Barnes

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Minute Secretary, Ms Janelle Curtis

 

 

1.

Confirmation of Minutes

324/12

RESOLVED on the motion of Crs Allen and Seckold

That the Minutes of the Ordinary Meeting and Standing Committee Meeting and Closed Session meeting held on 14 August 2012 as circulated, be taken as read and confirmed.

 

 

2.

Apologies

 

There were no apologies

3.            Declarations

Non Pecuniary Interest

Cr Bill Taylor declared a non-pecuniary interest regarding Item 10.3 – Acquisition of land for road widening, on the basis that the property owner is his brother.  A signed declaration form was tabled by Cr Taylor for inclusion in the Register advising he would remain in the meeting room, but take no part in debate or voting on this item.

4.            Deputations (by prior arrangement)

The following persons had been granted permission to address Council and to respond to questions from Councillors:

Regarding Planning and Environment Report 8.1:  Alterations and Additions to existing unit development - Lot 15 DP 240154, 10 Cliff Street, Merimbula.

·       Mr Richie McNeil on behalf of Mr Glen Taylor (applicant).

 

Suspension of Standing Orders

325/12

RESOLVED on the motion of Crs Britten and Allen

That Standing Orders be suspended to allow the addresses on Planning and Environment Report 8.1:  Alterations and Additions to existing unit development - Lot 15 DP 240154, 10 Cliff Street, Merimbula by:

·         Ms Pamela Patrick

·         Mr John and Mr Robyn Feilen

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

Ms Patrick, Mr Feilen and Mr McNeil addressed Council and responded to questions from Councillors.

 

 

extension of time

326/12

RESOLVED on the motion of Crs Fitzpatrick and Allen

A motion was moved by Crs Fitzpatrick and Allen that

Ms Patrick be granted an extension of two minutes to complete her address

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

 

EXTENSION OF TIME

327/12

RESOLVED on the motion of Crs Britten and Fitzpatrick

A motion was moved by Crs Britten and Fitzpatrick that

Mr McNeil be granted an extension of two minutes to complete his address

In favour:        Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

The Mayor thanked the speakers for their addresses.

5.            Petitions

There were no petitions

6             Mayoral Minutes

6.1

Community Communications

 

Background

During the election campaign, some comment was made amongst the community and media regarding the means by which Council communicates with the community and a perceive lack of transparency about some aspects of Council decision making.

Some of this was based on misinformation amongst the community based on hearsay and media articles.  Already at workshops, Councillors have been commenting about the way messages are delivered to the community and the way Council engages with the community. There are some big projects and issues in front of us and it is important that Council be as transparent as reasonably possible in keeping the community informed.

While the previous Council adopted a “Community Engagement Strategy” in 2010/11, I note Council has been without the services of a Media Liaison officer for 18 months and perhaps the flow of communications to the community through the media has suffered.  With a fresh set of thinking with the new Councillors, I think it is appropriate that a “Communications Strategy” be prepared to outline how the organisation and Councillors may best present and receive information to and from the community, utilising the media and technologies now available.  Those technologies may include web streaming of meetings and skyping for some attendances.

328/12

 

RESOLVED ON THE MOTION OF Crs Taylor that

That Council prepare a Communications Strategy.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:   Nil

 

7.

Adjournment into Standing Committees

329/12

RESOLVED on the motion of Crs Hughes and Taylor

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

2.30 pm      The Ordinary meeting adjourned and formed in the committee.

Standing Committee Minutes 9 October 2012

Minutes Planning and Environment Committee

8.            Standing Committee Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, Councillor Britten assumed the chair for this section of the agenda.

 

8.1

Alterations and Additions to existing unit development - Lot 15 DP 240154, 10 Cliff Street, Merimbula

 

A motion was moved by Crs Allen and Fitzpatrick

1.         That the Proposed Development Application No. 2011.0523 – Alterations and additions to existing unit development at Lot 15 DP 240154, 10 Cliff Street, Merimbula be approved subject to the conditions outlined in the draft consent.

2.         That those persons who made a submissions be advised of Council’s decision.

Upon a request from the Chair, the Group Manager Planning and Environment advised that no new matters had been raised during the addresses to Council, that would require a new report.

A motion was foreshadowed by Cr Hughes

That the in keeping with Council’s Code of Meeting Practice, the matter be deferred for a further report to Council and that Councillors inspect the site.

The motion was put to the vote and it was CARRIED.

 

330/12

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.         Proposed Development Application No. 2011.0523 – Alterations and additions to existing unit development at Lot 15 DP 240154, 10 Cliff Street, Merimbula be approved subject to the conditions outlined in the draft consent.

2.         That those persons who made a submissions be advised of Council’s decision.

The Group Manager Planning and Environment advised that no new matters had been raised during the addresses to Council.

In favour:   Crs Allen, Britten, Fitzpatrick, McBain and Taylor

Against:       Crs Hughes, Mawhinney, Seckold and Tapscott

 

Minutes Community and Relationships Committee

9.            Standing Committee Reports – Community and Relationships (Liveability)

There were no Community and Relationship reports.

Minutes Economic Committee

10.          Standing Committee Reports – Economic (Enterprising)

In accordance with Council’s Code of Meeting Practice, Councillor McBain assumed the chair for this section of the agenda.

 

10.1

Grant of Easements over Zingel Place Reserve Trust

331/12

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.       That Council, as reserve trust manager of the Zingel Place (R97856) Reserve Trust, resolve pursuant to s102(1) of the Crown Lands Act 1989 (CL Act) to grant the easements shown on the attached s88B instrument and the attached proposed plan of easements (Easements), over that part of the Zingel Place (R97856) Reserve Trust as is contained in Lot 104 in DP 1151462.

2.       That Council delegate to the General Manager the function of writing to the Minister for Primary Industries seeking the written consent of the Minister to the grant of the Easements, pursuant to s102(1) of the CL Act.

3.       That Council delegate to the General Manager and the Mayor the power to execute any documents to give effect to the grant of the Easements.   

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

 

10.2

Exchange of land - Merimbola Street, Pambula

332/12

RESOLVED on the motion of Crs Fitzpatrick and Britten

That Council approve the proposed boundary adjustment and creation of easements and authorise its official seal to be affixed to the necessary documents under the signature of the Mayor and the General Manager.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

 

10.3

Acquisition of land for road widening - Tathra Road

 

Non Pecuniary Interest

Cr Bill Taylor declared a non-pecuniary interest regarding Item 10.3 – Acquisition of land for road widening, on the basis that the property owner is his brother.

Cr Taylor remained in the meeting room, but took no part in debate or voting on this item.

333/12

RESOLVED on the motion of Crs Britten and Fitzpatrick

That Council authorise its official seal to be affixed to the necessary documents under the signature of the Mayor and the General Manager.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold and Tapscott

Against:       Nil

Abstained:  Cr Taylor

Minutes Infrastructure Waste and Water Committee

2.            Standing Committee Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, Councillor Cr Fitzpatrick assumed the chair for this section of the agenda.

 

11.1

Tender RFT 1/12 Merimbula Sewerage Pump Stations Electrical Control Upgrade

334/12

RESOLVED on the motion of Crs Britten and Allen

1.       That council accept the lump sum price of Omegalec Pty Ltd in the amount of $231,239 (inc GST), subject to variations and provisional sums.

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

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

 

11.2

Bega Indoor Sports Stadium: Licence Renewal

335/12

RESOLVED on the motion of Crs Seckold and Britten

1.       That Council approve a one year licence including a one year renewal option with Fling Physical Theatre Incorporated for the use of the Bega Indoor Sports Stadium commencing on 1 October 2012.

2.       That the Mayor and General Manager be authorised to execute the necessary documents.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

 

11.3

Formalisation of Various Street Names: Bemboka, Barraga Bay, Bega and Candelo

336/12

RESOLVED on the motion of Crs Allen and Britten

1.       That Council, by public advertisement, invite submissions for a period of 28 days to the proposed street names of Lord Street and Roach Street in Bemboka, Four Winds Road in Barragga Bay, Elliot Lane in Bega and Quinn Lane in Candelo.

2.       That if no objections are received within the submission period then authority be given to the General Manager to formalise the naming of these streets without further referral to Council.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

11.4

Montreal Goldfield Management Committee request financial support from Council for heritage centre toilets

337/12

RESOLVED on the motion of Crs Allen and Seckold

1.       That Council provide $22,000 towards the Montreal Goldfields toilet project, subject to a successful government grant and that a letter of support be provided.

2.       That a funding source be identified in the September Quarterly Review

In favour:   Crs Allen, Britten, Fitzpatrick, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Cr Hughes

 

11.5

Floodplain Risk Management Grant

338/12

RESOLVED on the motion of Crs Allen and Britten

That the grant offer of $80,000 from the Office of Environment and Heritage (OEH) for completion of Council’s Bega and Brogo Rivers Flood Study be accepted and the funding agreement executed by the General Manager.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

11.6

Bega Valley Local Traffic Committee Meeting 5 September 2012

339/12

RESOLVED on the motion of Crs Britten and Allen

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 5 September 2012 and approve the following:

Remembrance Day March and Service, Merimbula – 11 November 2012

1        That the proposed traffic arrangements for the Merimbula RSL Sub Branch Remembrance Day March and Service on 11 November 2012 be approved and deemed a Class 4 special event.

2        That sections of Council roads at Main, Market and Beach Streets, Merimbula be temporarily closed on Sunday, 11 November 2012 for the Merimbula RSL Sub Branch Remembrance Day March and Service, as per the Traffic Control Plan.

3        That the Police supervise the marshals appointed by the Merimbula RSL Sub Branch to man the traffic barricades.

 

Eden Whale Festival and Street Parade – 3 November 2012

1        That, subject to conditions, Imlay Street, Eden be temporarily closed from the Bass Street to Chandos Street intersections between 8.30am and 11.30am on Saturday, 3 November 2012 for the Eden Whale Festival.

2        That, subject to conditions, Imlay Street and Albert Terrace, Eden be temporarily closed from the Mitchell Street intersection to the Eden Wharf precinct between 9.30am and 11.30am on Saturday, 3 November 2012 for the Eden Whale Festival street parade.

3        That the proposed traffic arrangements involving the temporary closure of Imlay Street and Albert Terrace, Eden for the Eden Whale Festival street parade on Saturday, 3 November 2012, 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.

Eden 2012 Christmas Promotion – 20 December 2012

1        That, subject to conditions, Imlay Street, Eden be temporarily closed from the Bass Street to Chandos Street intersections from 4.30pm to 9pm on Thursday, 20 December 2012 for the Eden 2012 Christmas Promotion.

2        That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden from the Bass Street to Chandos Street intersections for the Eden 2012 Christmas Promotion on Thursday, 20 December 2012, 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 prior to conducting the event

7        That the event achieves all conditions of Council’s issued Land Use approval.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

 

Minutes Governance and Strategy Committee

3.            Standing Committee Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Councillor Mawhinney assumed the chair for this section of the agenda.

 

12.1

Council's Investment Policy

340/12

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.       That Council adopt the attached policy 1.3.2 – Investment Policy (as amended).

2.       That Council adopt the attached procedures 1.3.2(a) – Investing Council’s Funds.

3.      That Council not engage the services of an Investment Planner.

4.       That Council moves to make longer term investments in line with the attached policy and procedure.

5.       That Council utilise the services of an agent in procuring the most suitable term deposit, while ensuring that all aspects of Council’s policy and procedures are met.

6.       That all Council’s investment agreements be between the Authorised Deposit-Taking Institution (ADI) and Council and no payment is made by Council to such agents.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 


 

12.2

Certificate of Investments made under Section 625 of the Local Government Act 1993

341/12

RESOLVED on the motion of Crs Allen and Seckold

1.       That the attached report indicating Council’s Investment position be received and noted.

2.       That the Certificate of the Responsible Accounting Officer be noted.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

 

12.3

Referral of 2012 Financial Statements to Audit

342/12

RESOLVED on the motion of Crs Allen and McBain

1.       That Council prepare the Council’s general purpose financial report is prepared in accordance with:

a)      The Local Government Act 1993 (as amended) and the Regulations made there under; and

b)      The Australian Accounting Standards and professional pronouncements; and

c)      The Local Government Code of Accounting Practice and Financial Reporting; and

d)      Presenting fairly the Council’s operating result and financial position for the year; and

e)      According with Council’s accounting and other records.

2.       The Council’s Special Purpose Financial Reports are prepared in accordance with:

a)      NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b)      Department of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c)      The Local Government Code of Accounting Practice and Financial Reporting; and

d)      The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e)      Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f)       According with Council’s accounting and other records.

3.       That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way, and include such information in the statement.

4.       That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5.      That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

RESOLVED on the motion of Crs Allen and Mawhinney

3.05 pm That the Ordinary Meeting be reconvened.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

4             Adoption of Reports from Standing Committees

               Standing Committee Reports – Planning and Environment (Sustainability)

 

8.1

Alterations and Additions to existing unit development - Lot 15 DP 240154, 10 Cliff Street, Merimbula

343/12

RESOLVED on the motion of Crs Britten and Allen That Item No 8.1 from the Planning and Environment Committee as reported be adopted

1.         Proposed Development Application No. 2011.0523 – Alterations and additions to existing unit development at Lot 15 DP 240154, 10 Cliff Street, Merimbula be approved subject to the conditions outlined in the draft consent.

2.         That those persons who made a submissions be advised of Council’s decision.

In favour:   Crs Allen, Britten, Fitzpatrick, McBain and Taylor

Against:       Crs Hughes, Mawhinney, Seckold and Tapscott

               Standing Committee Reports – Community and Relationships (Liveability)

There were no Community and Relationship Reports

               Standing Committee Reports – Economic (Enterprising)

 

10.1

Grant of Easements over Zingel Place Reserve Trust

344/12

RESOLVED on the motion of Crs McBain and Fitzpatrick

That Item No 10.1 from the Economic Committee as reported be adopted.

1.       That Council, as reserve trust manager of the Zingel Place (R97856) Reserve Trust, resolve pursuant to s102(1) of the Crown Lands Act 1989 (CL Act) to grant the easements shown on the attached s88B instrument and the attached proposed plan of easements (Easements), over that part of the Zingel Place (R97856) Reserve Trust as is contained in Lot 104 in DP 1151462.

2.       That Council delegate to the General Manager the function of writing to the Minister for Primary Industries seeking the written consent of the Minister to the grant of the Easements, pursuant to s102(1) of the CL Act.

3.       That Council delegate to the General Manager and the Mayor the power to execute any documents to give effect to the grant of the Easements.   

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

10.2

Exchange of land - Merimbola Street, Pambula

345/12

RESOLVED on the motion of Crs McBain and Fitzpatrick

That Item No 10.2 from the Economic Committee as reported be adopted.

That Council approve the proposed boundary adjustment and creation of easements and authorise its official seal to be affixed to the necessary documents under the signature of the Mayor and the General Manager.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

10.3

Acquisition of land for road widening - Tathra Road

 

Non Pecuniary Interest

Cr Bill Taylor declared a non-pecuniary interest regarding Item 10.3 – Acquisition of land for road widening, on the basis that the property owner is his brother. Cr Taylor remained in the meeting room, but took no part in debate or voting on this item.

Cr Fitzpatrick assumed the chair for Item 10.3

 

346/12

RESOLVED on the motion of Crs McBain and Fitzpatrick

That Item No 10.3 from the Economic Committee as reported be adopted.

That Council authorise its official seal to be affixed to the necessary documents under the signature of the Mayor and the General Manager.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold and Tapscott

Against:       Nil

Abstained:  Cr Taylor

 

Cr Taylor resumed the chair.

5.            Standing Committee Reports – Infrastructure Waste and Water (Accessibility)

 

11.1

Tender RFT 1/12 Merimbula Sewerage Pump Stations Electrical Control Upgrade

347/12

RESOLVED on the motion of Crs Fitzpatrick and Britten

That Item No 11.1 from the Infrastructure Waste and Water Committee as reported be adopted.

1.       That council accept the lump sum price of Omegalec Pty Ltd in the amount of $231,239 (inc GST), subject to variations and provisional sums.

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

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

11.2

Bega Indoor Sports Stadium: Licence Renewal

348/12

RESOLVED on the motion of Crs Fitzpatrick and Britten

That Item No 11.2 from the Infrastructure Waste and Water Committee as reported be adopted.

1.       That Council approve a one year licence including a one year renewal option with Fling Physical Theatre Incorporated for the use of the Bega Indoor Sports Stadium commencing on 1 October 2012.

2.       That the Mayor and General Manager be authorised to execute the necessary documents.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

11.3

Formalisation of Various Street Names: Bemboka, Barraga Bay, Bega and Candelo

349/12

RESOLVED on the motion of Crs Fitzpatrick and Britten

That Item No 11.3 from the Infrastructure Waste and Water Committee as reported be adopted.

1.       That Council, by public advertisement, invite submissions for a period of 28 days to the proposed street names of Lord Street and Roach Street in Bemboka, Four Winds Road in Barragga Bay, Elliot Lane in Bega and Quinn Lane in Candelo.

2.       That if no objections are received within the submission period then authority be given to the General Manager to formalise the naming of these streets without further referral to Council.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

11.4

Montreal Goldfield Management Committee request financial support from Council for heritage centre toilets

350/12

RESOLVED on the motion of Crs Fitzpatrick and Britten

That Item No 11.4 from the Infrastructure Waste and Water Committee as reported be adopted.

1.       That Council provide $22,000 towards the Montreal Goldfield toilet project, subject to a successful grant, and that a letter of support be provided.

2.       That a funding source be identified in the September Quarterly Review.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

11.5

Floodplain Risk Management Grant

351/12

RESOLVED on the motion of Crs Fitzpatrick and Britten

1.       That Item No 11.5 from the Infrastructure Waste and Water Committee as reported be adopted.

2.       That the grant offer of $80,000 from the Office of Environment and Heritage (OEH) for completion of Council’s Bega and Brogo Rivers Flood Study be accepted and the funding agreement executed by the General Manager.

In favour:   Crs Allen, Britten, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:       Nil

 

11.6

Bega Valley Local Traffic Committee Meeting 5 September 2012

352/12

RESOLVED on the motion of Crs Fitzpatrick and Britten

That Item No 11.6 from the Infrastructure Waste and Water Committee as reported be adopted.

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 5 September 2012 and approve the following:

Remembrance Day March and Service, Merimbula – 11 November 2012

1        That the proposed traffic arrangements for the Merimbula RSL Sub Branch Remembrance Day March and Service on 11 November 2012 be approved and deemed a Class 4 special event.

2        That sections of Council roads at Main, Market and Beach Streets, Merimbula be temporarily closed on Sunday, 11 November 2012 for the Merimbula RSL Sub Branch Remembrance Day March and Service, as per the Traffic Control Plan.

3        That the Police supervise the marshals appointed by the Merimbula RSL Sub Branch to man the traffic barricades.

Eden Whale Festival and Street Parade – 3 November 2012

1        That, subject to conditions, Imlay Street, Eden be temporarily closed from the Bass Street to Chandos Street intersections between 8.30am and 11.30am on Saturday, 3 November 2012 for the Eden Whale Festival.

2        That, subject to conditions, Imlay Street and Albert Terrace, Eden be temporarily closed from the Mitchell Street intersection to the Eden Wharf precinct between 9.30am and 11.30am on Saturday, 3 November 2012 for the Eden Whale Festival street parade.

3        That the proposed traffic arrangements involving the temporary closure of Imlay Street and Albert Terrace, Eden for the Eden Whale Festival street parade on Saturday, 3 November 2012, 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.

Eden 2012 Christmas Promotion – 20 December 2012

1        That, subject to conditions, Imlay Street, Eden be temporarily closed from the Bass Street to Chandos Street intersections from 4.30pm to 9pm on Thursday, 20 December 2012 for the Eden 2012 Christmas Promotion.

2        That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden from the Bass Street to Chandos Street intersections for the Eden 2012 Christmas Promotion on Thursday, 20 December 2012, 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 prior to conducting the event

7        That the event achieves all conditions of Council’s issued Land Use approval.

In favour:   Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:       Nil

               Standing Committee Reports – Governance and Strategy (Leading Organisation)

 

12.1

Council's Investment Policy

353/12

RESOLVED on the motion of Crs Mawhinney and Allen

That Item No 12.1 from the Governance and Strategy Committee as reported be adopted.

1.       That Council adopt the attached policy 1.3.2 – Investment Policy (as amended).

2.       That Council adopt the attached procedures 1.3.2(a) – Investing Council’s Funds.

3.      That Council not engage the services of an Investment Planner.

4.       That Council moves to make longer term investments in line with the attached policy and procedure.

5.       That Council utilise the services of an agent in procuring the most suitable term deposit, while ensuring that all aspects of Council’s policy and procedures are met.

6.       That all Council’s investment agreements are between the Authorised Deposit-Taking Institution (ADI) and Council and no payment is made by Council to such agents.

In favour:   Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:       Nil

 

12.2

Certificate of Investments made under Section 625 of the Local Government Act 1993

354/12

RESOLVED on the motion of Crs Mawhinney and Allen

That Item No 12.2 from the Governance and Strategy Committee as reported be adopted.

1.       That the attached report indicating Council’s Investment position be received and noted.

2.       That the Certificate of the Responsible Accounting Officer be noted.

In favour:   Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:       Nil

 

 

12.3

Referral of 2012 Financial Statements to Audit

355/12

RESOLVED on the motion of Crs Mawhinney and Allen

That Item No 12.3 from the Governance and Strategy Committee as reported be adopted.

1.       That Council prepare the Council’s general purpose financial report is prepared in accordance with:

a)      The Local Government Act 1993 (as amended) and the Regulations made there under; and

b)      The Australian Accounting Standards and professional pronouncements; and

c)      The Local Government Code of Accounting Practice and Financial Reporting; and

d)      Presenting fairly the Council’s operating result and financial position for the year; and

e)      According with Council’s accounting and other records.

2.       That Council’s Special Purpose Financial Reports are prepared in accordance with:

a)      NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b)      Department of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c)      The Local Government Code of Accounting Practice and Financial Reporting; and

d)      The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e)      Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f)       According with Council’s accounting and other records.

3.       That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way, and include such information in the statement.

4.       That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5.      That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

In favour:   Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:       Nil

6.            Delegates Reports

Cr Seckold – South East Regional Academy of Sport

Cr Seckold attend the SERAS meeting in Jindabyne on 13 September 2012.  She reported on SERAS scholarships advising that Crs Allen, Britten and Campbell accompanied her to a Mayoral Reception for SERAS athletes in Merimbula on August 29 this year.

Locals scholarship awardees were:

·         Bega:  Ben Hanscombe (Golf), Dillon Douch (Golf),

·         Bermagui: Jake Needs (Golf)

·         Tathra:  Mitchell Venables (Golf)

Coaches Chris Hearn, Brad Griffiths, Anthony McKenna and Jamie Reynolds were also recognised, along with netballers Krystal Grove, Kelsea Tarlinton and Ellen Went.

Aaron Rhind, from Yass, who was an individual scholarship holder from 2007 to 2009 is the first SERAS athlete to be selected in the Paralympics, swimming in the London Paralympics held in August this year.

Nominations for SERAS scholarships for the 2013 year opened on 17 September and will close on 12 October, 2012.

7.            Rescission/Alteration Motions                       

 

15.1

Rescission Motion 1

356/12

RESOLVED on the motion of Crs Britten and McBain

That Council rescind Point 1 of Resolution Number 257/12 - Economic Committee Item 3: Revised Merimbula Airport and Precinct Strategy:

1.       That Council endorse the proposed amendments and adopt the Merimbula Airport and Precinct Strategy.

The motion was put to the vote and it was CARRIED

In favour:   Crs Britten, Hughes, Mawhinney, McBain, Tapscott and Taylor

Against:       Crs Allen, Fitzpatrick and Seckold

 

 

15.2

Rescission Motion 2

357/12

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLVED on the motion of Crs Britten and McBain

That Council rescind Points 3, 4 and 6 of Resolution Number 280/12 - of the Extraordinary Council Meeting held 9 August 2012 as detailed below:

 

Item 6:  Merimbula Airport Resurfacing Tender RFT 34/12

3.       That Council not invite fresh tenders as the lowest tenderer offers Council the most advantageous tender in the circumstances, including impact on airport operations.

4.       That Council authorise the General Manager to negotiate with the lowest tenderer with a view to entering into a contract based on a finalised construction program, on all portions of the tender.

6.       That a further report be presented to Council in October following the contract negotiations.

In favour:   Crs Britten, Hughes, Mawhinney, McBain, Tapscott and Taylor

Against:       Crs Allen, Fitzpatrick and Seckold

358/12

 

RESOLVED on the motion of Crs McBain and Tapscott

That the matters of the Merimbula Airport runway resurfacing and Southern Councils Group Delegates be dealt with as urgent business.

In favour:   Crs Britten, Hughes, Mawhinney, McBain, Tapscott and Taylor

Against:       Crs Allen, Fitzpatrick and Seckold

359/12

RESOLVED on the motion of Crs McBain and Tapscott

1.       That immediate repair work be commenced on the Merimbula Airport Runway for approximately 140 m up to the value of $150,000.

2.       That a report be presented to Council on a specification for tenders, once the successful operator for the Merimbula to Sydney route is known, including what type of aircraft will be used on the route, and a briefing on previous unsuccessful tenders.

3.       That a workshop be held regarding the Merimbula Airport and Precinct Strategy at the time the Business Plan is reported to Council.

In favour:   Crs Britten, Hughes, Mawhinney, McBain, Tapscott and Taylor

Against:       Crs Allen, Fitzpatrick and Seckold

8.            Notices of Motion

There were no notices of motion.

9.            Urgent Business

 

22.1

Southern Councils Group - alternate delegates

 

A Motion was moved by Crs Fitzpatrick and Seckold

That the Mayor and Cr Allen be the elected as delegates for Southern Councils Group, with the General Manager attending as an observer.

A motion was foreshadowed by Cr Britten

That the matter be deferred until the Mayor has attended the next Southern Councils Group Meeting to be held on 19 October, 2012.

The motion was put to the vote and it was CARRIED

360/12

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That the Mayor and Cr Allen be the elected as delegates for Southern Councils Group, with the General Manager attending as an observer.

In favour:   Crs Allen, Fitzpatrick, Hughes, Mawhinney, McBain, Seckold and Tapscott

Against:       Crs Britten and Taylor

10.          Responses to Questions on Notice and Questions On Notice

There were no questions on notice from the meeting of 14 August 2012.

11.          Questions for the Next Meeting

Cr Allen Dickinson Park dressing sheds

Cr Allen asked could Council staff prepare a submission to the relevant state funding body to apply for a Community Partnership Grants (submissions closing at the end of October), seeking funding towards the restoration of the Dickinson Park Bermagui, dressing shed.

The General Manager advised the staff would put together a submission indicating that Council would match the funding based on the insurance value of the former building.

Cr Fitzpatrick Lake Curalo Boardwalk

Cr Fitzpatrick advised a Community Partnership Grant towards the extension of the Lake Curalo boardwalk of $100,000 has been applied for.  The Eden Services Club (ESCI) would match this with voluntary contributions.  He asked could the Finance Manager report back to Council on whether $100,000 is available in Council’s budget to support this project.

The question was taken on notice by the General Manager

Cr Hughes – Council consumption of electricity by Council

Cr Hughes asked could a report be prepared for Council on the annual consumption of electricity since signing up to the 50/50 by 2020 campaign.

The General Manager advised a report was being prepared on energy and fuel consumption and the estimated CO2 generation for Council currently.


 

Cr Fitzpatrick – Provision of water to sporting facilities.

Cr Fitzpatrick referred to previous questions on notice by himself and Cr Hede regarding provision of water to sporting facilities and a response that a report would be presented to Council on 9 October.   He asked when the report was expected to be presented

The General Manager advised the report on water charging and maintenance funding to sporting facilities would be presented to the meeting on 31 October, 2012.

Cr Fitzpatrick - Native Vegetation Act

Cr Fitzpatrick asked about a petition against the repeal of Native Vegetation Act – petition Act and requested a report to Council on this matter

The question was taken on notice by the Group Manager Planning and Environment.

12.          Confidential Business

 

 

Adjournment Into Closed Session

361/12

RESOLVED on the motion of Crs Britten and Mawhinney

That Mr David Jesson be granted permission to address Council regarding the need to deal with this matter in Closed Session.

In favour:   Crs Britten, Hughes, Mawhinney, McBain, Tapscott and Taylor

Against:       Crs Allen, Fitzpatrick and Seckold

 

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

A motion was moved by Crs Allen and Seckold that

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

20.1   National Broadband Network

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 (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.

2.      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.       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)

The motion was withdrawn by Crs Allen and Seckold.

4.15 pm        The Chairperson called for a brief adjournment to allow staff to provide further documents to Councillors reconvening at 4.24 pm.

20.1

National Broadband Network

362/12

RESOLVED on the motion of Crs Britten and Mawhinney

That the matter be deferred until the next meeting of Council to be held on 31 October, 2012 and be heard in open session.

In favour:        Crs Allen, Britten, Hughes, Mawhinney, McBain, Seckold, Tapscott and Taylor

Against:            Cr Fitzpatrick

13.          Adoption of reports from Closed Session

                   There were no reports to the Closed Session

143.        Resolutions to declassify reports considered in closed session

There were no reports to declassify.

Closure

There being no further business, the Chairperson closed the meeting at 4.27 pm.

 

CONFIRMED .................................................................................................................

CHAIRPERSON

Chairperson of the meeting of the Bega Valley Shire Council held on Tuesday, 9 October 2012 at which meeting the signature hereon was subscribed.