Ordinary Meeting Minutes
Held on Wednesday, 21 November 2012
at Council Chambers, Bega commencing at 2.02 pm
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Present Cr Bill Taylor, Mayor Cr Russell Fitzpatrick, Deputy Mayor Cr Tony Allen Cr Michael Britten Cr Keith Hughes 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 |
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1. |
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404/12 |
RESOLVED on the motion of Crs Allen and Seckold That the Minutes of the Ordinary Meeting held on 31 October 2012 as circulated, be taken as read and confirmed with the amendment on page 13 that resolution number 385/12 should read: 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 |
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2. |
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405/12 |
RESOLVED on the motion of Crs Allen and Fitzpatrick That the apology from Cr Mawhinney be accepted. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
3. Declarations
Non Pecuniary Interest
Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.6, on the basis that he is Chairman of the Pambula Sporting Complex. Cr Fitzpatrick remained in the meeting room and took no part in debate or voting
Cr Fitzpatrick declared a non-pecuniary interest regarding Item 12.4, on the basis that he is a board member of the Regional Development Authority (RDA). Cr Fitzpatrick remained in the meeting room and took part in debate and voting.
A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Presentation by Mr Wayne Beaumont – RSM Bird Cameron
Councillor’s Auditor, Mr Wayne Beaumont, of RSM Bird Cameron, presented to the Council on the 2011/12 Audited Financial Statement, indicating an unqualified audit, with strong performance and healthy financial position.
The Mayor thanked Mr Beaumont for his presentation.
There were no petitions.
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6.1 |
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BackgroundFollowing its decision on 9 October 2012 Council chose to reconsider the specification for tenders for airport runway works once the successful operators for the Merimbula to Sydney route is known. Councillors have recently held workshops on the proposed Merimbula Airport business plan, masterplan, route feasibility, runway design and the former airport tenders. NSW Transport has announced REX as the Merimbula RPT operator to March 2017. The Merimbula to Melbourne or Canberra routes remain unregulated and open to competition. There has been discussion on the best long term solution for the airport, having regard to former strategy, the Aurecon pavement options report and the Hyder engineering design for the runway to accommodate SAAB and potentially Q400 aircraft over the next 20 years. The November 2011 decision of Council is understood to have considered strengthening the runway pavement to provide a greater than 20 year life for SAAB services, noting any change to frequency of services by that aircraft, or introduction of larger craft, would alter the life of that runway asset. Council considered then that doing the strengthening at the same time as renewal would be efficient in terms of cost and engineering processes. That decision called for tenders for the runway renewal and some strengthening, as well as renewal of apron, taxiways and lighting, and the potential extension to the north. The costs included set up and any dislocation of tenderer works schedules to accommodate flight schedules. The 20 year special rate variation approved by IPART allows for the renewal of airport infrastructure, including runway, apron, taxiway and lighting, by loan borrowing to be repaid by that special rate variation, with the annual rate peg increase placed into reserve. Based on a report to Council in October, current interest rates would allow Council to raise around a $5m loan serviced by that rate. Applying the Local Infrastructure Renewal Subsidy (LIRS) also allows Council to borrow more, reduce the term or place more funds into the airport asset reserve for future airport renewals and maintenance. The tenders considered by Council in August proposed a spray seal with alternatives offered by tenderers including hotmix seal or stabilised pavements, with varying levels of gravel overlay to provide the pavement strength sought by the tender specifications, to achieve the runway profile and other requirements of CASA. Options to use gravel, select fill or in situ material for the clearway (shoulders) were also contemplated to bring the tender prices to an acceptable level. In the interim, a maintenance heavy patch was completed on part of the runway surface this month. It seems to me the issues related to the runway works specifications are: · Type of surface solutions (spray seal or hotmix) · Life cycle costs (maintenance and renewal) of those solutions · Availability of contractors and materials to maintain the surface · Pavement strength to accommodate SAAB and larger turboprop aircraft in the longer term · Whether Council, or a future operator of the airport, should be responsible for the upgrade (strengthen, lengthen) of the runway · Accommodating current and future CASA standards · Raising funds for future asset renewal, without raising rates We have received legal advice to the effect that, while a rescission motion cannot be unwound for 3 months, it is possible to recommence negotiations with a former tenderer. However that advice recommended, given the time since negotiations ceased, the effect of the rescission, and potential for criticism, that fresh tenders be called. I suggest that the specifications of the previous tender be substantively retained, and revised to remove the option of gravel overlay for clearway construction enabling use of select or in situ fill, provided that CASA standards are maintained, and no operational concessions are required. The advice of Hyder in that regard should be confirmed. In doing so, the tenders can be called and assessed before the end of 2012, with tenders anticipated to be let at the January 2013 meeting. In the meantime, Rex can be consulted regarding any potential disruptions or closures, so those factors may be accommodated in final awarding of contracts and to enable the runway works to be potentially completed around mid/late-2013. It is understood if Council chooses to lengthen the runway, that work may be undertaken at a later time. In addition, I propose Council assign any savings from LIRS subsidy and annual rate peg index into the airport reserve to provide for future reseals and renewals. Council may continue the current assignment of $1 of the passenger head tax be placed also in that reserve. |
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406/12 |
RESOLVED on the motion of Cr Taylor 1. That fresh tenders be called for the renewing and strengthening of airport pavements and lighting substantively based on the Hyder Engineering specifications as outlined in this Mayoral Minute, to comply with CASA standards, and no operational concessions are required. 2. That Rex and airport users be consulted during the fresh tender process regarding potential impacts and those views be considered together with the report on assessment of tenders 3. That funds be set aside from the special rate variation rate peg, LIRS subsidy, and $1 of the head tax into the airport asset reserve for future renewal of infrastructure. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Mawhinney |
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7. |
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407/12 |
RESOLVED on the motion of Crs Seckold and Fitzpatrick That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
2.47 pm The Ordinary meeting adjourned and formed in the committee.
In accordance with Council’s Code of Meeting Practice, Councillor Britten assumed the chair for this section of the agenda.
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8.1 |
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408/12 |
RESOLVED on the motion of Crs Seckold and Fitzpatrick That Council note the report. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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8.2 |
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A motion was moved by Crs Fitzpatrick and Tapscott 1. That the application from the NSW Police for the establishment of an alcohol free zone in Merimbula on Merimbula Drive, along Market Street, along Monaro Street from Market to Kyeamba Street, along Wonga Street and Park Street, Palmer Lane, Palmer Car park, Main Street, Alice Street and Alice Street Car park and the additional revised areas (as depicted in the attachment to the report) be approved in accordance with Section 644B of the Local Government Act 1993. 2. That the alcohol free zone be established for a period of four years and that the establishment of the zone be publicised in the local press once all sign posting has been erected. A motion was foreshadowed by Cr Hughes That the alcohol free zones not be extended. The motion was put to the vote and it was CARRIED In favour: Crs Taylor, Britten, Tapscott, Seckold, Allen and Fitzpatrick Against: Crs McBain and Hughes Absent: Cr Mawhinney |
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409/12 |
RESOLVED on the motion of Crs Fitzpatrick and Tapscott 1. That the application from the NSW Police for the establishment of an alcohol free zone in Merimbula on Merimbula Drive, along Market Street, along Monaro Street from Market to Kyeamba Street, along Wonga Street and Park Street, Palmer Lane, Palmer Car park, Main Street, Alice Street and Alice Street Car park and the additional revised areas (as depicted in the attachment to the report) be approved in accordance with Section 644B of the Local Government Act 1993. 2. That the alcohol free zone be established for a period of four years and that the establishment of the zone be publicised in the local press once all sign posting has been erected. In favour: Crs Taylor, Britten, Tapscott, Seckold, Allen and Fitzpatrick Against: Crs McBain and Hughes Absent: Cr Mawhinney |
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8.3 |
Delegation of Minister for Planning and Infrastructure Functions - Making of Local Environmental Plans |
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410/12 |
RESOLVED on the motion of Crs Fitzpatrick and Seckold 1. That Council accept the delegation of the Minister for Planning and Infrastructure functions under Section 59 of the Environmental Planning and Assessment Act 1979. 2. That Council authorise the General Manager to exercise the delegation, noting the Group Manager Planning and Environment, as the Council officer will administer the delegation on behalf of the General Manager. 3. That Council note that in the absence of the Group Manager Planning and Environment, the Manager Planning Services, will be the alternate Council officer to administer the delegation. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
In accordance with Council’s Code of Meeting Practice, Councillor Seckold assumed the chair for this section of the agenda.
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9.1 |
Nominations to Council's Hall and Cemetery Community Committees |
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411/12 |
RESOLVED on the motion of Crs Britten and McBain 1. That the following nominees to Council’s individual hall and cemetery community committees below be appointed:
2. That staff carry out further promotion of vacant committee positions and subsequently report the matter to Council for appointment, noting the following hall committees did not receive enough nominations to form a committee: · Cobargo School of Arts · Pambula Courthouse · Rocky Hall · Tathra Hall 3. That retiring committee members be thanked for their contribution to the respective committees In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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9.2 |
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412/12 |
RESOLVED on the motion of Crs Taylor and Allen 1. That Council support the new funding arrangements and increased funding for the ComPacks program from NSW Community Options Inc. 2. That Council authorise the General Manager to execute the contract arrangement with NSW Community Options Inc. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
In accordance with Council’s Code of Meeting Practice, Councillor McBain assumed the chair for this section of the agenda.
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10.1 |
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413/12 |
RESOLVED on the motion of Crs Britten and Seckold 1. That Council authorise the General Manager to seek and negotiate Expressions of Interest for a lease agreement of Tathra Wharf, for three years with a three year option, for occupation of the site. 2. That Council obtain the Minister’s consent to the lease, in accordance with the requirements of the Crown Lands Act. 3. That the General Manager report back to Council once lease negotiations are complete. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney
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10.2 |
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414/12 |
RESOLVED on the motion of Crs Allen and Fitzpatrick 1. That Council note the report. 2. That in acknowledging receipt of the due diligence and compatibility reports from NBN Co, Council enter a contract of sale for part of Lot 3 DP592206 Wanatta Lane, Frogs Hollow to NBN Co Ltd for consideration of $150,000, substantially in the terms and conditions of the draft contract of sale. 3. That the sale be subject to appropriate provisions for the NBN Co Ltd meeting the reasonable costs of Council associated with the subdivision and sale. 4. That the sale also be subject to appropriate covenants/restrictions on title including provisions for mitigation of any risks regarding leachate. 5. 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 Taylor, McBain, Hughes, Seckold, Allen and Fitzpatrick Against: Crs Britten and Tapscott Absent: Cr Mawhinney |
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10.3 |
Rescission of the acquisition of the site intended for the proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act |
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415/12 |
RESOLVED on the motion of Crs Fitzpatrick and Britten 1. That Council retain Lot 1 DP1004805 under Section 31 of the Land Acquisition (Just Terms Compensation) Act and advise the Crown Lands Division of its decision. 2. That Council inform the Crown Lands Division of the likelihood of site restrictions being placed on Lot 1 DP1004805 for the purpose of the operation of the airport precinct following the resolution of a further planning proposal. 3. That the Mayor and/or General Manager be authorised to execute the necessary documents and that, if required, Council authorise its Seal to be affixed to any such documents, under the signature of the Mayor and General Manager. n favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney. |
In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the chair for this section of the agenda.
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11.1 |
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416/12 |
RESOLVED on the motion of Crs Britten and Allen 1. That Council seek expressions of interest from individuals or groups for the disposal, purchase or use of various RFS fire brigade sheds that are no longer operational. 2. That the General Manager be authorised to negotiate short term leases where appropriate. 3. That should proposals for lease, disposal or sale be received, they be reported to Council. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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11.2 |
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417/12 |
RESOLVED on the motion of Crs Allen and Britten 1. That Council note the progress of the flood repair program and that staff be commended on the work carried out. 2. That information and images on flood works be published on Council’s website. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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11.3 |
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418/12 |
RESOLVED on the motion of Crs Allen and Britten 1. That Council support the new funding arrangements for the SES in regard to operations and maintenance of buildings and vehicles 2. That Council approve the transfer of ownership of three SES vehicles, currently owned by Bega Valley Shire Council at no capital cost to the SES. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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11.4 |
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419/12 |
RESOLVED on the motion of Crs Allen and Britten That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 7 November 2012 and approve the following: 1 Ocean Drive, Merimbula – Merimbula New Year’s Eve Celebration1 That, subject to conditions, a temporary 1 Hour Parking Zone be established on Ocean Drive, Merimbula adjacent to Ford Oval, from 6am to 5pm on 31 December 2012 for the Merimbula New Year’s Eve celebration. 2 That, subject to conditions, a temporary Bus Zone be established on Ocean Drive, Merimbula adjacent to Ford Oval, from 5pm on 31 December 2012 to 6am on 1 January 2013 for the Merimbula New Year’s Eve celebration. 3 That the proposed traffic arrangements involving the temporary 1 Hour Parking Zone and temporary Bus Zone on Ocean Drive, Merimbula for the Merimbula New Year’s Eve celebration on 31 December 2012 and 1 January 2013 be conducted under an approved and updated 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. Intersection of Main and Alice Streets, Merimbula - Installation of No Stopping Zone 1 That the installation of a No Stopping Zone on Main Street, Merimbula not be supported at this stage.
2 That the item be reviewed, following the opening of the new RSL car park and the collection of relevant traffic count data. Short Point Road, Merimbula - Installation of Temporary No Stopping Zone 1 That the installation of a temporary No Stopping Zone on Short Point Road, Merimbula not be supported.
2 That the establishment of a 40km/h High Pedestrian Activity Area on Short Point Road, Merimbula be actioned by Roads and Maritime Services.
3 That the traffic arrangements at Bar Beach, Merimbula also be investigated and reviewed. Princes Highway, Cobargo – Restricted Parking 1 That a Half Hour Parking Zone be investigated for four car spaces, adjacent to the public toilets on the Princes Highway, Cobargo. Short Point Beach Car Park – One Way 1 That pavement directional arrows and one-way signage be installed at the Short Point Beach car park, Merimbula to establish one way traffic flow. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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11.5 |
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420/12 |
RESOLVED on the motion of Crs Britten and Allen 1. That Council prepare a policy for the introduction of a system of “free” tipping vouchers, which includes issuing of 1 x general waste voucher with each rates notice. 2. That each voucher entitles the property owner to dispose of 1 cubic metre of general waste, subject to restrictions on particular wastes, at no charge. Vouchers are not transferrable and are not redeemable for cash. Vouchers expire 12 months from the date of issue. 3. That Council review the kerbside hardwaste issue as part of a broader Waste Strategy review, which shall be conducted over the next 12 months. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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11.6 |
Progress Report on 2009/2010 Special Variation for Sportgrounds |
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Non Pecuniary InterestCr Fitzpatrick declared a non-pecuniary interest regarding Item 11.6, on the basis that he is Chairman of the Pambula Sporting Complex. Cr Fitzpatrick remained in the meeting room and took no part in debate or voting. The Mayor, Cr Taylor took the Chair for Item 11.6. A motion was moved by Cr Allen and Seckold 1. That following adoption of the Pambula Sports Complex Masterplan: · the matter of the funding proposal of the $150,000 for Pambula Sports Complex, from the special rate variation, be deferred for consideration by the General Sports and Recreation Committee (GSRC). · That Council apply $100,000 from the Crown Lands contribution to Council for the renewal of Recreation Facilities in the shire, to the Pambula Sports Complex. 2. That Council note and endorse the project list and progress as attached
A motion was foreshadowed by Cr Britten That the matter be deferred until Council consideration of the Pambula Sports Complex Masterplan and related projects and costings. The motion was put to the vote and it was CARRIED In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold and Allen Against: Nil Abstained: Cr Fitzpatrick Absent: Cr Mawhinney |
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421/12 |
RESOLVED on the motion of Crs Allen and Seckold 1. That following adoption of the Pambula Sports Complex Masterplan: · the matter of the funding proposal of the $150,000 for Pambula Sports Complex, from the special rate variation, be deferred for consideration by the General Sports and Recreation Committee (GSRC). · That Council apply $100,000 from the Crown Lands contribution to Council for the renewal of Recreation Facilities in the shire, to the Pambula Sports Complex. 2. That Council note and endorse the project list and progress as attached In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold and Allen Against: Nil Abstained: Cr Fitzpatrick Absent: Cr Mawhinney |
Cr Fitzpatrick resumed the chair.
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11.7 |
Tender RP38/12 Supply and Delivery of One Class 20 Excavator |
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4.18 pm |
Cr McB Cr McBain left the meeting room. |
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422/12 |
RESOLVED on the motion of Crs Allen and Tapscott 1. That Council approve the purchase of one Volvo EC240C excavator from CJD Equipment, at a total change over value of $224,400 (inc GST) 2. That Council approve the trade of Council’s existing Komatsu PC220, plant number 1277 for a value of $82,500. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Mawhinney |
4.21 pm Cr McBain returned to the meeting room.
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11.8 |
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A motion was moved by Crs Allen and Seckold 1. That Council approve the invitation to tender for the demolition, design and construction of the Bega Civic Centre from Edwards Construction, National Buildplan and Hines Construction. 2. That Council approve the changes to the Functional Brief as detailed in the report: · Removal of pedestrian access between the BVSC staff car park and Zingel Place. · Box Office/Cloak room requirements be changed to a ticket counter · Catering capacity be reduced to 350 people in line with serving capacity. · The building meet BCA environmental sustainable provisions. An amendment was moved by Crs Britten and Taylor 1. That Council approve the invitation to tender for the demolition, design and construction of the Bega Civic Centre from Edwards Construction, National Buildplan and Hines Construction, noting a Development Application is required. 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). · Removal of pedestrian access between the BVSC staff car park and Zingel Place. · Box Office/Cloak room requirements be changed to a ticket counter · Catering capacity be reduced to 350 people in line with serving capacity. · The building meet BCA environmental sustainable provisions. 3. That 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. The amendment was put to the vote and it was CARRIED In favour: Crs Taylor, Britten, McBain, Hughes and Tapscott Against: Crs Seckold, Allen and Fitzpatrick Absent: Cr Mawhinney The amendment became the motion and it was |
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423/12 |
RESOLVED on the motion of Crs Britten and Taylor 1. That Council approve the invitation to tender for the demolition, design and construction of the Bega Civic Centre from Edwards Construction, National Buildplan and Hines Construction, noting a Development Application is required. 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). · Removal of pedestrian access between the BVSC staff car park and Zingel Place. · Box Office/Cloak room requirements be changed to a ticket counter · Catering capacity be reduced to 350 people in line with serving capacity. · The building meet BCA environmental sustainable provisions. 3. That 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. In favour: Crs Taylor, Britten, McBain, Hughes and Tapscott Against: Crs Seckold, Allen and Fitzpatrick Absent: Cr Mawhinney |
In accordance with Council’s Code of Meeting Practice, in Councillor Mawhinney’s absence, Cr Taylor assumed the chair for this section of the agenda.
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12.1 |
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424/12 |
RESOLVED on the motion of Crs McBain and Britten That Council note the resolutions of the Southern Councils Group meeting held on 15 August 2012. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Mawhinney |
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12.2 |
Certificate of Investments made under Section 625 of the Local Government Act 1993 |
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425/12 |
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, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney
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12.3 |
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426/12 |
RESOLVED on the motion of Crs Britten and Allen That the 2011/12 Annual Report as provided to the meeting of 21 November 2012, be adopted. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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12.4 |
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Non Pecuniary InterestCr Fitzpatrick declared a non-pecuniary interest regarding Item 12.4, on the basis that he is a board member of the Regional Development Authority (RDA). Cr Fitzpatrick remained in the meeting room and took part in debate or voting RESOLVED on the motion of Crs Britten and Fitzpatrick That the RDAF Round 3 and 4 Projects be considered separately. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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A motion was moved by Cr Britten 1. That Council endorse an expression of interest in RDAF Round 3, for the Twyford Hall to the value of $500,000 A motion was foreshadowed by Cr McBain That Council endorse an expression of interest in RDAF Round 3, for the Sapphire Coast Marine Discovery Centre up to the value of $500,000. The motion lapsed for want of a seconder |
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427/12 |
RESOLVED on the motion of Crs McBain and Seckold That Council endorse an expression of interest in RDAF Round 3, for the Sapphire Coast Marine Discovery Centre, up to the value of $500,000. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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A motion was moved by Crs Allen and Seckold 1. That Council submit an expression of interest in RDAF Round 4 for Stage 1 of the proposed Breakwater Wharf Extension and the Wave Attenuator element, at Snug Cove Eden up to the value of $15 million. 2 That in the event that these projects are incapable of lodgement due to site ownership, Merimbula Airport be submitted for RDAF Round 4 noting the Airport Business Plan and Masterplan are scheduled for consideration in early 2013. A motion was foreshadowed by Cr Hughes That the current tender for the upgrade of Merimbula Airport be submitted for RDAF Round 4. The motion was put to the vote and it was CARRIED In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Mawhinney |
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428/12 |
RESOLVED on the motion of Crs Allen and Seckold 1. That Council submit an expression of interest in RDAF Round 4 for Stage 1 of the proposed Breakwater Wharf Extension and the Wave Attenuator element, at Snug Cove Eden up to the value of $15 million. 2 That in the event that these projects are incapable of lodgement due to site ownership, Merimbula Airport be submitted for RDAF Round 4 noting the Airport Business Plan and Masterplan are scheduled for consideration in early 2013. |
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12.5 |
Regional Airport Development Conference - Sydney January 2013 |
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429/12 |
RESOLVED on the motion of Crs Allen and McBain That the report be noted and that Council obtain notes from the Regional Airport Development Conference. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
5.22 pm The Chairperson called for a brief adjournment, reconvening at 5.31 pm
Mr Wayne Sartori departed the meeting.
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12.6 |
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430/12 |
RESOLVED on the motion of Crs Allen and Fitzpatrick That this item be deferred to Closed Session for discussion on the basis that the report concerns:- 10A(2)(a)personnel matters concerning particular individuals (other than councillors), In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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12.7 |
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431/12 |
RESOLVED on the motion of Crs Fitzpatrick and Britten 1. That Council note and endorse the September 2012 Quarterly Budget Review Statement. 2. That Council adopt the variances to its operating budget as outlined in the QBRS. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney
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5.34 pm The Ordinary Meeting was reconvened.
Cr Fitzpatrick congratulated the staff on the preparation of the Annual Report noting strong financial, asset and human resources performances. He spoke about the comparison between Bega Valley Shire Council and other Group 4 councils and the pleasing results recorded.
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13. |
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432/12 |
RESOLVED on the motion of Crs Britten and FitzpatrickThat all motions recorded in the Standing Committees, including votes for and against, be adopted by the Ordinary Council meeting. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
13. Urgent Business
There were no matters of urgent business.
Cr Seckold – South East Arts meeting Friday 2 November 2012 held at Jindabyne.
South East Arts supports arts and cultural development in five local government area, Bega Valley, Bombala, Cooma Monaro, Eurobodalla and Snowy River.
It is funded by Arts NSW and Local Government. The Board is comprised of five council members and five co-opted members with specific experience and skills.
Jindabyne’s meeting was a chance to meet up with some old and new members. Lindy Hume was elected Chair, John Schumack Deputy Chair, Brad Spalding (Thredbo) Treasurer and Penny Bonnell (Eurobodalla) Secretary. Andrew Gray has accepted the continuation of the position as General Manager.
Other Committee members are, myself, Sue Haslingden (Bombala), Catherine Andrews (Canberra), Bettina Richter (Pambula) and Craig Mitchell (Cooma).
South East Arts have successfully secured a grant of $50,000 from Arts NSW under their regional partnership fund to employ an Aboriginal Cultural Development position to work with Jigamy to assist in establishing its regional reach.
There were no notices of motion.
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18.1 |
Cr Fitzpatrick advised at the meeting on 31 October 2012 that a Community Partnership Grant towards the extension of the Lake Curalo boardwalk of $100,000 has been 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 who has responded:
The Finance Manager has advised there are funds available for Eden in both the Recreation Facilities and Public Reserves s94 Contributions Plans into ($19,122 and $39,699 respectively). Neither of these DCP’s have commitments against them. The remaining $40,000 required to match the project would need to be sourced from other funds. If elements of the boardwalk are on crown land and capable of staging, some of the funds could be assigned from the Caravan Park Crown Lands annual allocation.
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18.2 |
Cr Fitzpatrick asked at the meeting on 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 and a report to Council was included in the Agenda for the 21 November 2012 Council meeting.
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18.3 |
Cr Hughes asked a further question at the meeting on 31 October, 2012 regarding Council’s commitment to 50/50 by 2020, on the source and cost of electricity purchased by Council.
A response was provide to Councillors via memorandum on 7 November 2012:
At the meetings of 9 and 31 October 2012 Councillor Hughes asked about Council’s annual consumption of electricity since signing up to the 50/50 by 2020 campaign, as well as the source and cost of that electricity.
Energy consumption by Council is being reported in recent years in the State of Environment Report, attached to the Annual Report. The data below is largely derived from the 2011/12 State of Environment Report that is currently being prepared.
Background
Council’s position on the 50/50 by 2020 initiative of Clean Energy for Eternity was resolved following a Mayoral Minute from then Mayor Cr Allen at the Council meeting of 29 August 2006. Council supported the objective of the community’s desire to set a target of a 50% reduction in energy use and the use of 50% of energy being clean renewable energy by the year 2020.
It would appear from Council records that community wide data on energy consumption at that time was not available. In addition, it appears that Council’s own energy consumption records for 2006 were not collated and so baseline community and Council energy consumption figures are not available.
Energy data
Although an energy use baseline for 2006 is not available, Council staff have been able to collate corporate records on energy consumption from 2009. The data for the period from 2009 is contained in Table 1 below.
Table 1 – Bega Valley Shire Energy Consumption
|
Raw use |
2009 - 10 |
2010 – 11 |
2011 - 12 |
|
Total Energy (kWh) |
6,077,033 |
5,317,292 |
5,599,370 |
|
Green energy (kWh) |
6,077,033 |
5,317,292 |
3,113,266 |
|
Unleaded fuel (kL) |
183 |
166 |
187 |
|
Diesel fuel (kL) |
838 |
829 |
832 |
|
Total Street lighting (kWh) |
1,064,013 |
1,050,428 |
1,159,726 |
|
Green street lighting (kWh) |
1,064,013 |
1,050,428 |
414,018 |
|
LPG (Gj) |
Not collected |
Not collected |
3 |
The data includes all corporate energy use, electricity, fuel and gas. Interestingly, electricity use has decreased 477,663kWh between 2009/2010 and 2011/2012. This represents a 7.8% reduction across the period.
In terms of specific electricity use Tables 2 and 3 below show consumption and costs across the main areas of Council’s operations and activities over the same three year period.
Table 2 – Bega Valley Shire Council Electricity Use
Unsurprisingly water and sewerage services account for the large majority of Council’s electricity use and costs with Council buildings, swimming pools and depots also consuming considerable electricty.
Table 3 – Bega Valley Shire Council Electricity Costs
Detailed costs across the three year period depict overall increases, despite the reduction in consumption of electricity across the same period. The table also includes projections of likely corporate electricity costs for the current year based on trends to date and publicised approved increases in wholesale pricing of electricity.
Table 4 - Actual & Projected Electricity Costs
Table 4 shows the total actual cost of electricity for Council and projects the costs forward to the 2014/15 period based on best assumptions. Such cost projections represent a very real challenge for Council.
Energy Efficiency Initiatives
When contracting the corporate electricity supply in 2006, Council records indicate that the opportunity was taken to include 100% green energy into the electricity contracts for all of Council’s sites and operations. At the time, the pricing differential from green energy to standard was not significant. During this contract period, which ran through to 1 January 2012, all electricity used by the organisation was generated from a renewable source. This can be seen in Table 1 above.
Contract changes from 1 January 2012 would have significantly increased the green energy premium and a decision was taken to invest this into a program of energy efficiency and site-specific renewable energy initiatives. At present the focus is to further improve organisational efficiency and reduce the associated energy costs in the face of rapidly increasing electricity prices.
Council has engaged the services of an expert “scorekeeper” to gather detailed data on electricity use. These data allow staff to better identify energy efficiency opportunities and measure the results of efficiency projects.
An Organisational Efficiency Fund has been established to identify and support projects which will improve the efficiency of operational activities. Guidelines for the fund have recently been approved and initial projects are being scoped. This funding can also be used as a contribution in applying for external funding.
Additionally, Council has joined the NSW Sustainability Advantage Program and two major sites were selected for a resource efficiency initiative. Action plans for the Administration Building and for the Eden Sewerage Treatment Plant have been prepared. These plans are used to assist in the allocation of capital works funds, as well as measuring the resource use from these and other facilities.
Council is involved in a trial with Essential Energy to install an “intelligent” solar energy system on the Bega Library. A large battery array stored in a shipping container is charged during the day and released to the network during early evening demand. The Library will benefit from a portion of the excess solar energy once the batteries are charged. Billing data is yet to be received to see the actual benefits.
A number of Council-owned Rural Fire Service buildings and community halls have photovoltaic solar panels installed by local groups and committees.
Summary
Staff will continue to monitor and report on energy consumption in future State of Environment reports. Actions will continue to be developed and implemented to improve environmental and economic outcomes.
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18.4 |
Cr Britten asked a question at the meeting on 31 October 2012 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 whilst a report on Sportgrounds was presented to Council on 21 November, 2012 a further report will be prepared.
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18.5 |
Cr Britten asked a question at the meeting on 31 October 2012 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 who responded to Councillors via memorandum on 9 November 2012:
Ms Britten and her parents Mr and Mrs K Britten have corresponded frequently and met regularly with Council staff since July 2011 in relation to a number of matters focussed on the disruptions, noise, access and site works associated with the Woolworths development facing their property on Auckland Street.
Matters relating to the construction matters have been dealt with and in 2012 issues around parking, access and works on resurfacing of Auckland Street post construction, and the installation of traffic lights have been the focus of correspondence and meetings.
The key concern at this time is parking requirements in front of their home at 161 Auckland Street. Cr Allen as the Mayor tabled a petition at the 14 August meeting signed by 80 people “supporting the exemption of the residents of 161 Auckland Street Bega from the parking rules that exist in front of their residence and within the block from the intersection of Upper Street and Auckland Street to the intersection of Hill Street and Auckland Street. We feel the current inability of the residents to park in front of their own home needs to be resolved by a simple pass/sticker system.”
In relation to a summary of the pages of items raised by the Britten’s since July the following information is provided:
Presenting to Traffic Committee a change to the hours and days of the no parking limits imposed directly in front of our residence at 161 Auckland St. Bega as soon as possible.
Staff had commenced actioning this matter prior to the meeting as general business item and it was progressed at the traffic committee, a report to Council is not required. The traffic committee considered three different sign types for the 2 hour on street parking in Auckland Street. There were no objections raised in Council rationalising the signs to be compliant with the standards as shown as R5-362. This removed the 7 day restriction for on street parking and falls in line with the remaining areas of the CBD. The 2 hour signage is now in place, consistent with adjoining areas.
It is staff understanding that the Britten’s have disabled stickers on the their vehicles and they are therefore exempt from the 2 hour zone restriction.
An immediate interim response to cover the gap that has now occurred due to the failure to bring this matter to council after receipt of my email dated July 5, 2012 with regards to parking for residents of the home located at 161 Auckland Street, Bega. AND The introduction of the new amendment for 2 parking passes to be provided to the residents of 161 Auckland Street, Bega for unlimited parking in front of their own residence.
The process of reporting a matter of this nature to Council requires the following process - receipt of request, consideration by staff as to what research, consultation or referral to other agencies need to be undertaken. In most circumstances this can take a matter of weeks and in some times months for more involved matters. The development of a Resident Parking Scheme will require investigation followed by a report to Council to establish policy position and to Traffic Committee for specific site implementation. This will take significant time.
Resident Parking Schemes will have far reaching and precedent implications across Bega and perhaps other towns. The matter requires research and reporting to Council to establish a policy and procedure position addressing advantages and disadvantages of such a system. Issues that must be addressed in any future adopted policy/procedure include;
· The extent of resident parking scheme zone
· Are zones to be exclusive for residents
· Criteria for establishing such zones
· Zone must be clearly indentified and unique ie permits in 1 area do not apply in other areas.
· Number of permits provided and issuing criteria eg owner or occupier, do businesses and visitors qualify.
· Administration issues such as annual review to maintain currency, recording keeping and printing of permits.
Consultation directly with the residents, Mr Ken, Mrs Margaret or Lianne Britten regarding the shutting down of the streets for roadwork and when any lime or other dust causing irritant is applied to road works in front of the house PRIOR to any such roadwork or construction taking place.
The usual process for major works is for this to happen via advertising in the local papers and letter box drop residents directly affected and this was done for the recent works including advertising in the Bega District News. Staff will continue this approach, for major works and advise residents directly. This does not occur for minor and routine works which are limited in scope and duration. There has been one recent incident at the intersection with Upper Street where staff did not notify the Britten’s as it was some distance away from their property. Staff also commenced early on that occasion to avoid disruptions to business and the school activities. This has now been corrected and Council staff apologise for the early start.
The issue of reconstructing the driveway entrance so that cars can get in and out as is not the case at the moment due to the steep grade from the constant sub-par tarring and roadwork that has not accounted for grade. As a result of such ongoing tarring and roadwork it has made it virtually impossible for my father (an almost 80 year old veteran of the wars) to get his caravan out of his own driveway!
The Britten’s driveway has long been a problem to them which was slightly aggravated by the recent renewal works in Auckland Street. In an effort to resolve the matter in a cooperative way the driveway has been surveyed and redesigned. The works will require complete reconstruction of the driveway including works on the adjoining footpath. This work has yet to be explained to the Brittens and is scheduled to be undertaken with the traffic signal civil works.
An update as to the advice of the regulatory body with regard to the traffic issues currently experienced and the upcoming issue of the construction of street lights at the corner of Upper and Auckland Streets, further limiting parking in front of the residence and a continued failure to consult the residents of the SOLE home residence in Bega as to these issues/limitations and adverse affects upon their lives.
Traffic study/plans for Bega are planned for the next 12 months. The 'regulatory body' undertakes decisions / approvals in accordance with its legal /policy/ practice requirements. The issues of traffic, development and growth are issues for the entire community and are dealt with in this broader context. There will be broad consultation in the development of this work which will be broadly advertised.
In late October Council received correspondence from Mr Britten attaching a Penalty Notice for a vehicle parked in Auckland Street exceeding the 2 hour signed period. A letter has been sent to Mr Britten explaining the process for disputing this matter. If this was for Mr and Mrs Britten’s vehicle with the displayed disabled sticker then staff can review this matter, however it does not appear that this is the case.
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18.6 |
Dry Stone Wall and Plants adjacent to the Eden Fishermen's Club |
Cr Tapscott asked a question on 31 October 2012, 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 question was taken on notice by the Group Manager Infrastructure Waste and Water to Councillors via memorandum on 21 November 2012.
The new wall is a landmark for the Eden community. It has been constructed by Council at the community’s request.
The trees that were growing in the Imlay Street median were removed and the wall constructed around the existing stone alcoves and steps. Planting was undertaken by a local contractor and supported by the CWA. The Eden Magnet has followed the project closely, regularly reporting progress.
The wall construction and planting were completed in time for the Eden Whale Festival. The wall has drainage pipes constructed at the base of the wall. These are buried by the gravel covering the concrete footing.
The plants are natives and will only require watering for the next few months, until they become established.
No convenient facilities existed for watering the plants. The Eden Fisherman’s Club offered to supply water to get the plants established. However, this will not be necessary as Council’s Water and Town Teams will be installing a temporary supply, within the next week or two and this supply will be removed after approximately six months. In the short term, the Rural Fire Service has offered to undertake the watering with their fire appliances.
18. Questions for the Next Meeting
19. Confidential Business
20. Adoption of reports from Closed Session
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20.1 |
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433/12 |
RESOLVED on the motion of Crs Britten and Seckold That the successful nominees be advised they will be presented with their awards at the Australia Day ceremony to be held in Bega on 26 January 2013, and that announcement of the awardees will be kept confidential until official Australia Day program is released. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
21. Resolutions to declassify reports considered in closed session
There are no reports to declassify.
Closure
There being no further business, the Chairperson closed the meeting at 6.09 pm.
CONFIRMED .................................................................................................................
CHAIRPERSON
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 21 November 2012 at which meeting the signature hereon was subscribed.