Minutes of Council - 31 October 2012

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 Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Community and Relationships, Ms Leanne Barnes

Minute Secretary, Ms Janelle Curtis

Confirmation of Minutes

363/12

RESOLVED on the motion of Crs Seckold and Tapscott

That the Minutes of the Extraordinary Meeting of 5 October, 2012, Ordinary Meeting and Standing Committee Meetings held on 9 October 2012 as circulated, be taken as read and confirmed with the following amendments:

An amendment to Motion 359/12 be amended to read:

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.

An amendment on Page 15 that the vote for Item 11.5 Floodplain Risk Management Grant was resolved with all Councillors in Favour:

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

And an amendment to Crs Fitzpatrick’s question on notice that the work “secured” should read “applied for” as below:

Cr Fitzpatrick asked a question at the meeting held 9 October 2012. 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.

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

Against: Nil

2.	Apologies
	There were no apologies.

3. Declarations

Non-Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.2: Infrastructure Waste and Water Committee Report on Water Allocation to Sportsgrounds, the on the basis that he is Chairperson of the Pambula Sporting Complex. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting that he would remain in the Chamber and participate in debate and vote on the matter.

Cr Taylor declared an amendment to his declaration to the meeting held on 9 October 2012 as a non-pecuniary interest in relation to Item 10.3 – Acquisition of land for road widening, on the basis that the property owner is his brother. This declaration should have been a pecuniary interest. The declaration form filed in the Pecuniary Interest Register will be amended accordingly.

4. Deputations (by prior arrangement)

There were no deputations by prior arrangement.

Suspension of Standing Orders

364/12

RESOLVED on the motion of Crs Tapscott and Britten

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

· Mr Jeff Smith, on behalf of WRAG, regarding Economic Report No 10.1 National Broadband Network.

· Mr Peter Rogers, on behalf of the Bega Valley Shire Ratepayers Association, regarding Infrastructure Waste and Water Report No 11.5 Bega Town Hall Expression of Interest (Stage 2)

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

Against: Cr Seckold

Mr Smith and Mr Rogers addressed the Council and responded to questions from Councillors.

The Mayor thanked the speakers for their addresses.

5. Petitions

There were no petitions

6. Mayoral Minutes

There were no Mayoral Minutes.

Adjournment into Standing Committees

365/12

RESOLVED on the motion of Crs Allen and Seckold

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

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

8. Staff 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

Use of Bermagui Surf Life Saving Club as a Reception Establishment

A motion was moved by Crs Fitzpatrick and Allen

1. That Development Application 2012.149 for the use of the Bermagui Surf Life Saving Club (a Community Facility) as a Reception Establishment for up to 28 days per year at Lot 7305 DP 1128706 and Lot 7034 DP 1118743 within Dickinson Reserve 83225, off Lamont Street, Bermagui be approved subject to conditions outlined in the draft consent.

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

An amendment was moved by Cr Britten and Cr Seckold

1. That Development Application 2012.149 for the use of the Bermagui Surf Life Saving Club (a Community Facility) as a Reception Establishment for up to 18 days per year at Lot 7305 DP 1128706 and Lot 7034 DP 1118743 within Dickinson Reserve 83225, off Lamont Street, Bermagui be approved subject to conditions outlined in the draft consent.

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

The amendment was put to the vote and it was CARRIED

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

Against: Crs Hughes, Allen and Fitzpatrick

366/12

RESOLVED on the motion of Crs Britten and McBain

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

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

Against: Cr Allen

8.2

Draft Planning Reforms

367/12

RESOLVED on the motion of Crs Seckold and Taylor

1. That Council note the report and request the General Manager to arrange a workshop and further report to Council with a view to making a submission to the White Paper and Exposure Bill.

2. That a NSW Planning Representative be invited to present to a Councillor workshop.

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

Against: Cr Hughes

9. Staff Reports – Community and Relationships (Liveability)

There were no Community and Relationship Reports.

10. Staff 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	National Broadband Network
	Cr Fitzpatrick asked for clarification comments made in the deputation regarding the single purpose use of the site. The General Manager advised that no written evidence had been found of minutes to that effect. The Group Manager Planning and Environment advised that Section 18.6 of the Environmental Impact Statement for the proposed Waste Management Facility stated: “The remaining land (approximately 190 ha) would remain available for existing land use or alternative land use that might be carried out within the constraints of topography, soil types, water availability and planning.”
	A motion was moved by Cr Hughes and Mawhinney That following an address to Council, the matter be deferred in keeping with Council’s Code of Meeting Practice. A motion was foreshadowed by Cr Britten 1. That Council note the report. 2. That Council note NBN is carrying out due diligence investigations prior to Contract of Sale. 3. That Council will receive a further report following completion of those investigations on the proposed contract and its conditions. 4. That as part of its due diligence investigations NBN be requested to carry out and obtain a compatibility report in relation to any potential contamination between the proposed sale site and proposed Central Waste Facility. The motion was put to the vote and it was LOST In favour: Crs McBain, Hughes, Tapscott and Mawhinney Against: Crs Taylor, Britten, Seckold, Allen and Fitzpatrick
368/12	RESOLVED on the motion of Crs Britten and Allen 1. That Council note the report. 2. That Council note NBN is carrying out due diligence investigations prior to Contract of Sale. 3. That Council receive a further report following completion of those investigations, on the proposed contract and its conditions. 4. That as part of its due diligence investigations, NBN be requested to carry out and obtain a compatibility report in relation to any potential contamination between the proposed sale site and the proposed Central Waste Facility. In favour: Crs Taylor, Britten, McBain, Hughes, Seckold, Allen and Fitzpatrick Against: Crs Tapscott and Mawhinney

11. Staff Reports – Infrastructure Waste and Water (Accessibility)

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

11.1

Bega Valley Local Traffic Committee Meeting 10 October 2012

369/12

RESOLVED on the motion of Crs Britten and Seckold

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 10 October 2012 and approve the following:

Intersection of Minyama Parade and Prospect Street, Bega

1 That the existing Stop sign currently facing traffic entering the Minyama Parade and Prospect Street intersection from Newtown Road, Bega be retained and an additional Stop sign be installed facing traffic entering the intersection from the western leg of Prospect Street.

2 That this be accompanied by appropriate line marking.

The Snake Track, Kiah - Southern Mountains Rally

1 That, subject to conditions, The Snake Track between the Princes Highway and Towamba Road intersections be temporarily closed between 5.30pm to 11.30pm on Saturday, 3 November 2012 for a competitive stage of the Southern Mountains Rally.

2 That the proposed traffic arrangements involving the temporary closure of The Snake Track for the Southern Mountains Rally on Saturday, 3 November 2012 be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan for night time activities, which is to be provided to Council by Wednesday, 24 October 2012 and be 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 obtain a Section 40 approval from the Commissioner of Police, or their delegate, prior to conducting the event.

7 That local residents be notified of the amended times and evidence of the notification be provided to Council by Tuesday, 30 October 2012.

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

Against: Cr Hughes

11.2

Water Allocation Payments to Sportsground Committees

Non-Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.2, Water Allocation to Sportsgrounds, on the basis that he is Chairperson of the Pambula Sporting Complex. He remained in the Chamber and participated in debate and voting on the matter.

370/12

RESOLVED on the motion of Crs Allen and Taylor

That the matter be deferred for a further report to Council, pending further discussions with the nominated committees, community trusts and other relevant sporting committees using water to maintain sporting facilities.

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

Against: Nil

11.3

Developer Charges Guidelines for Water Supply and Sewerage (Consultation Draft)

371/12

RESOLVED on the motion of Crs Britten and Tapscott

That Councillors note the NSW Office of Water Guidelines (Consultation Draft) and the timetable for adoption of revised Water Supply and Sewerage Strategic Business Plan and Development Servicing Plan documents.

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

Against: Nil

11.4

Tender 26/12 Littleton Gardens Public Toilet

372/12

RESOLVED on the motion of Crs Taylor and Seckold

1. That Council accept the offer from Moodie Outdoor Products for Tender RFT 26/12 Littleton Gardens Public Toilet in the lump sum amount of $156,000 (excl GST) subject to variations and provisional sums.

2. That the unsuccessful Tenderer be advised of Council’s decision.

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

Against: Cr Fitzpatrick

11.5

Bega Town Hall Expression of Interest (Stage 2)

A motion was moved by Cr Allen

1. That Council approve the invitation to tender for the demolition, design and construction of the Bega Civic Centre.

2. That Council approve the changes to the Functional Brief as detailed in the report.

Cr Britten foreshadowed a motion

1. That Council approve the invitation to tender for the demolition, design and construction of the Bega Civic Centre, subject to a Development Application.

2. That Council approve the changes to the Functional Brief as detailed in the report, with the same tender price of $5.5 million (plus GST).

3. Before Council finally considers the results of tenders Council consider a Business Plan for the use of the proposed Town Hall and its cost of operation and administration and any ongoing costs to the residents.

4. If in due course no tender is accepted Council proceed to consider the refurbishment option referred to in Council resolution (No 475/09) of 15 December 2009.

The motions lapsed for want of a seconder.

373/12

RESOLVED on the motion of Crs Tapscott and McBain

That following an address to Council, the matter be deferred in keeping with Council’s Code of Meeting Practice

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

Against: Cr Seckold

12. Staff Reports – Governance and Strategy (Leading Organisation)

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

12.1

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

374/12

RESOLVED on the motion of Crs Allen and Fitzpatrick

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

12.2	Pecuniary Interest Returns 1 July 2011 to 30 June 2012
375/12	RESOLVED on the motion of Crs Allen and Fitzpatrick That Council note the report on Lodgement of Pecuniary Interest Returns period ending 30 June 2012 In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil
12.3	Southern Phone Company Dividend
376/12	RESOLVED on the motion of Crs Allen and Fitzpatrick That Council note the dividend of $98,622.97 declared by Southern Phone Company Limited to Bega Valley Shire Council. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil

12.4

Australian Local Government Women’s Association (ALGWA) NSW Branch – State Conference

377/12

RESOLVED on the motion of Crs Allen and Taylor

That three Councillors, including Crs Seckold and Mawhinney, be authorised to represent the Council at the Australian Local Government Women’s Association (ALGWA) NSW Branch – State Conference to be held in Gosford from 14 to 16 March 2013, and that the necessary expenses be defrayed by the Council in keeping with its policy.

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

Against: Nil

12.5

Result of Hospital Poll - Local Government Elections

378/12

RESOLVED on the motion of Crs Britten and Fitzpatrick

1. That the results of the poll be reported as justification to maintain the Pambula Hospital services and for the continuation of the newly appointed committee of the Pambula Hospital.

2. That the poll question and the results be forwarded to the local Member Andrew Constance and Minister for Health Jillian Skinner requesting a commitment of $38 million over five years from the commencement of the new Regional Hospital, to ensure Pambula Hospital is funded at its current budget level, provided that the $38 million be independent of operational funding for the Regional Hospital.

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

Against: Nil

12.6

Local Government Infrastructure Renewal Scheme (LIRS) Funding Update

3.50 pm

3.51 pm

Cr Fitzpatrick departed the meeting room.

Cr Fitzpatrick returned to the meeting room.

379/12

RESOLVED on the motion of Crs Britten and Allen

1. That Council note the attachment to the report advising that the NSW State Government has approved Bega Valley Shire Council for LIRS subsidy under the provision that T-Corp approve Council financial position.

2. That Council note the attachment to the report advising that T-Corp approves Council’s financial serviceability in relation to LIRS subsidy.

3. That Council authorise the Mayor and General Manager to execute the LIRS funding agreement, realizing an interest subsidy of $798,648 for the Merimbula Airport Loan, and $456,370 for the Collector Roads Loan over 10 years.

4. That Council submit an application to round 2 of the LIRS program, seeking a 3% subsidy on the two projects not previously awarded to Council in round 1 of the LIRS program, including the Bega Depot ($1.5m) and the Bega Town Hall ($2.0m).

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

Against: Nil

12.7

Community strategic plan review - community survey and special rate variation process

4.08 pm

4.10 pm

Cr Tapscott left the meeting room.

Cr Tapscott returned to the meeting room.

380/12

RESOLVED on the motion of Crs Seckold and Britten

1. That Council consider the need to review the direction of the current Community Strategic Plan following receipt of the results of the community survey and the consultation in relation to the special variation application.

2. That Council receive a report at its 12 December meeting:

· to consider the Community Survey and Special Rate Variation Poll,

· to formally consider whether to lodge an intention to apply for a Special Rate Variation, noting the final decision to formally lodge an application for a special rate variation will be considered at the February 2013 meeting.

4. That Council undertake a community engagement process to gather information in relation to the proposed special variation applications.

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

Against: Nil

12.8

Quarterly Budget Review Statement for 30 June 2012

381/12

RESOLVED on the motion of Crs Britten and Allen

1. That the Quarterly Budget Review Statement (QBRS) for June 2012 be adopted and the votes adjusted by those values as reported in the variance column

2. That Council adopt the Reserve schedule for 2012. Council note that the updated reserve balances will be incorporated into the September QBRS due to Council in November.

3. That Council adopt the Revote schedule for 2012. Council note that the updated revotes will be incorporated into the September QBRS due to Council in November.

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

Against: Nil

12.9

Presentation of Financial Statements and Audit report for the year ended 30 June 2012

382/12

RESOLVED on the motion of Crs Britten and Fitzpatrick

1. That the date for the meeting at which Council proposes to present the financial reports together with the auditor’s report be fixed as the Meeting to be held on 21 November 2012.

2. That public notice of the date fixed in accordance with section 418 of the Local Government Act 1993, be given together with a summary of the financial reports in the form required.

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

Against: Nil

12.10

Presentation of Draft Financial Statements for the year ended 30 June 2012

383/12

RESOLVED on the motion of Crs Fitzpatrick and Britten

1. That Council note that the audited financial statements will be presented to Council on 21 November 2012.

2. That Council note the contents of the draft financial statements.

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

Against: Nil

4.21 pm The Ordinary Meeting was reconvened.

13. Adoption of reports from Standing Committees

Staff Reports – Planning and Environment (Sustainability)

8.1

Use of Bermagui Surf Life Saving Club as a Reception Establishment

384/12

RESOLVED on the motion of Crs Britten and Allen

That Item No 8.1 from the Planning and Environment Committee as reported be adopted:

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

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

Against: Nil

8.2

Draft Planning Reforms

385/12

RESOLVED on the motion of Crs Britten and Allen

That Item No 8.2 from the Planning and Environment Committee as reported be adopted:

1. That Council note the report and request the General Manager to arrange a workshop and further report to Council with a view to making a submission to the White Paper and Exposure Bill.

2. That a NSW Planning Representative be invited to present to a Councillor workshop.

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

Against: Cr Hughes

Staff Reports – Community and Relationships (Liveability)

There were no Community and Relationship Staff Reports

Staff Reports – Economic (Enterprising)

10.1

National Broadband Network

386/12

RESOLVED on the motion of Crs McBain and Britten

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

1. That Council note the report.

2. That Council note NBN is carrying out due diligence investigations prior to Contract of Sale.

3. That Council receive a further report following completion of those investigations, on the proposed contract and its conditions.

4. That as part of its due diligence investigations, NBN be requested to carry out and obtain a compatibility report in relation to any potential contamination between the proposed sale site and the proposed Central Waste Facility.

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

Against: Crs Tapscott and Mawhinney

Staff Reports – Infrastructure Waste and Water (Accessibility)

11.1

Bega Valley Local Traffic Committee Meeting 10 October 2012

387/12

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Item No 11.1 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 10 October 2012 and approve the following:

Intersection of Minyama Parade and Prospect Street, Bega

2 That this be accompanied by appropriate line marking.

The Snake Track, Kiah - Southern Mountains Rally

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 obtain a Section 40 approval from the Commissioner of Police, or their delegate, prior to conducting the event.

7 That local residents be notified of the amended times and evidence of the notification be provided to Council by Tuesday, 30 October 2012.

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

Against: Cr Hughes

11.2

Water Allocation Payments to Sportsground Committees

Non-Pecuniary Interest

388/12

RESOLVED on the motion of Crs Fitzpatrick and Allen

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

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

Against: Nil

11.3

Developer Charges Guidelines for Water Supply and Sewerage (Consultation Draft)

389/12

RESOLVED on the motion of Crs Fitzpatrick and Allen

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

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

Against: Nil

11.4

Tender 26/12 Littleton Gardens Public Toilet

390/12

RESOLVED on the motion of Crs McBain and Mawhinney

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

2. That the unsuccessful Tenderer be advised of Council’s decision.

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

Against: Cr Fitzpatrick

11.5

Bega Town Hall Expression of Interest (Stage 2)

391/12

RESOLVED on the motion of Crs Fitzpatrick and Allen

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

That following an address to Council, the matter be deferred in keeping with Council’s Code of Meeting Practice

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

Against: Cr Seckold

Staff Reports – Governance and Strategy (Leading Organisation)

12.1

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

392/12

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 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

12.2

Pecuninary Interest Returns 1 July 2011 to 30 June 2012

393/12

RESOLVED on the motion of Crs Mawhinney and Allen

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

That Council note the report on Lodgement of Pecuniary Interest Returns period ending 30 June 2012

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

Against: Nil

12.3

Southern Phone Company Dividend

394/12

RESOLVED on the motion of Crs Mawhinney and Allen

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

That Council note the dividend of $98,622.97 declared by Southern Phone Company Limited to Bega Valley Shire Council.

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

Against: Nil

12.4

Australian Local Government Women’s Association (ALGWA) NSW Branch – State Conference

395/12

RESOLVED on the motion of Crs Mawhinney and Allen

That Item No 12.4 from the Governance and Strategy Committee as reported be adopted:

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

Against: Nil

12.5

Result of Hospital Poll - Local Government Elections

396/12

RESOLVED on the motion of Crs Mawhinney and Allen

That Item No 12.5 from the Governance and Strategy Committee as reported be adopted:

1. That the results of the poll be reported as justification to maintain the Pambula Hospital services and for the continuation of the newly appointed committee of the Pambula Hospital.

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

Against: Nil

12.6

Local Government Infrastructure Renewal Scheme (LIRS) Funding Update

397/12

RESOLVED on the motion of Crs Mawhinney and Allen

That Item No 12.6 from the Governance and Strategy Committee as reported be adopted:

2. That Council note the attachment to the report advising that T-Corp approves Council’s financial serviceability in relation to LIRS subsidy.

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

Against: Nil

12.7

Community strategic plan review - community survey and special rate variation process

398/12

RESOLVED on the motion of Crs Mawhinney and Allen

That Item No 12.7 from the Governance and Strategy Committee as reported be adopted:

2. That Council receive a report at its 12 December meeting:

· to consider the Community Survey and Special Rate Variation Poll,

3. That Council undertake a community engagement process to gather information in relation to the proposed special variation applications.

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

Against: Nil

12.8

Quarterly Budget Review Statement for 30 June 2012

399/12

RESOLVED on the motion of Crs Mawhinney and Allen

That Item No 12.8 from the Governance and Strategy Committee as reported be adopted:

1. That the Quarterly Budget Review Statement (QBRS) for June 2012 be adopted and the votes adjusted by those values as reported in the variance column

2. That Council adopt the Reserve schedule for 2012. Council note that the updated reserve balances will be incorporated into the September QBRS due to Council in November.

3. That Council adopt the Revote schedule for 2012. Council note that the updated revotes will be incorporated into the September QBRS due to Council in November.

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

Against: Nil

12.9

Presentation of Financial Statements and Audit report for the year ended 30 June 2012

400/12

RESOLVED on the motion of Crs Mawhinney and Allen

That Item No 12.9 from the Governance and Strategy Committee as reported be adopted:

1. That the date for the meeting at which Council proposes to present the financial reports together with the auditor’s report be fixed as the Meeting to be held on 21 November 2012.

2. That public notice of the date fixed in accordance with section 418 of the Local Government Act 1993, be given together with a summary of the financial reports in the form required.

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

Against: Nil

12.10

Presentation of Draft Financial Statements for the year ended 30 June 2012

401/12

RESOLVED on the motion of Crs Mawhinney and Allen

That Item No 12.10 from the Governance and Strategy Committee as reported be adopted:

1. That Council note that the audited financial statements will be presented to Council on 21 November 2012.

2. That Council note the contents of the draft financial statements.

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

Against: Nil

14. Delegates Reports

There were no Delegates Reports.

15. Rescission/alteration Motions

There were no rescission or alteration motions.

16. Notices of Motion

16.1

Cobargo Public Toilets

A motion was moved by Crs Allen and Fitzpatrick

That Council provide funds for the refurbishment of Cobargo town toilets from the asset reserve.

A motion was foreshadowed by Cr McBain

That the matter be deferred until the Strategic Review of Public Toilets including a report from staff on the estimated cost to refurbish the Cobargo Toilets.

The motion was put to the vote and it was CARRIED

402/12

RESOLVED on the motion of Crs Allen and Fitzpatrick

That Council provide funds for the refurbishment of Cobargo town toilets from the asset reserve.

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

Against: Crs Taylor, Britten, McBain and Mawhinney

16.2

Wolumla Public Toilets

A motion was moved by Crs Allen and Fitzpatrick

That Council provide a public toilet in Wolumla near the bus stop, through partnership funding with the local church and receive a report on costs and options.

Cr Britten foreshadowed a motion

That the matter be deferred subject to a report to Council on negotiations with the Anglican Church regarding the provision of toilets in Wolumla including options, construction and operating costs and availability of funds in the budget.

The motion was put to the vote and it was CARRIED

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

Against: Crs Taylor, Britten, Hughes and Mawhinney

403/12

RESOLVED on the motion of Crs Allen and Fitzpatrick

That Council provide a public toilet in Wolumla near the bus stop, through partnership funding with the local church

17. Urgent Business

There was no Urgent Business.

18. Questions On Notice

18.1

Cr Fitzpatrick Lake Curalo Boardwalk

Cr Fitzpatrick asked a question at the meeting held 9 October 2012. Cr Fitzpatrick advised a Community Partnership Grant towards the extension of the Lake Curalo boardwalk of $100,000 has been applied for secured. 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

18.2

Cr Fitzpatrick - Native Vegetation Act

Cr Fitzpatrick asked a question at the meeting held 9 October 2012 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 who advised there will be a report to the next Council meeting.

19. Questions for the Next Meeting

19.1

Council's Commitment to 50/50 by 2020

Cr Hughes asked a further question regarding Council’s commitment to 50/50 by 2020, on the source and cost of electricity purchased by Council.

The General Manager advised a report to Council is under preparation that will include the information requested.

19.2

Provision of Report on Bega Recreation Ground upgrade

Cr Britten asked a question regarding a resolution of Council on 22 March 2011, regarding the provision of a report to Council on the upgrade of the Bega Recreation Ground and asked when this report would be available.

The question was taken on notice by the Finance Manager.

19.3

Parking problems 161 Auckland Street Bega

Cr Britten asked a question regarding a letter to him from Ms Leanne Britten concerning 161 Auckland Street, Bega. Her letter was about problems encountered during the construction of the Woolworths development and ongoing issues regarding parking outside the property.

The question was taken on notice by the Group Manager Community and Relationships.

19.3

Retaining Wall near Eden Fishermen's Club

Cr Tapscott asked a question about the drystone wall and plants adjacent to the Eden Fishermen’s Club. She had been advised that there was inadequate drainage and no irrigation at the site and that recently members of the CWA have used a bucket brigade to water plants. She asked could a report be provided to Council on the provision of drainage and irrigation to this garden.

The Group Manager Infrastructure Waste and Water advised he was not aware of any issues with drainage, and that staff were investigating a connection for water to the garden.

19.4

Bulk Waste Collection

Cr Tapscott asked a question about Bulk Waste collection or voucher systems for Bega Valley Shire and could a report be prepared on Eurobodalla Shire Council’s management of kerbside bulk waste collection services.

The Group Manager Infrastructure Waste and Water advised that Eurobodalla Shire Council provided a kerbside bulk waste collection. He advised a report on options had been presented to Council previously. An updated report will be presented to Council on the matter

19.5

Matters raised by Mr Bruce Hartican of Hartican Plumbing re metre at Bega Public School

Cr Tapscott asked a question about a letter from Hartican Plumbing which had been forwarded to Councillors regarding charges relating to the provision of a metre at Bega Public School.

The Group Manager Infrastructure Waste and Water advised that Council officers are continuing to liaise with Mr Hartican regarding this matter and that the issue related to Mr Hartican’s tendering and estimation of the works and Council trying to accommodate his particular needs. A copy of the response to Mr Hartican will be forwarded to Councillors.

Closure

There being no further business, the Chairperson closed the meeting at 5.01 pm.

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

CHAIRPERSON

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 31 October 2012 at which meeting the signature hereon was subscribed.