Minutes of Council - 16 January 2013

Ordinary Meeting Minutes

Held on Wednesday, 16 January 2013

at Council Chambers, Bega commencing at 2.01 pm

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

Acting Group Manager Planning and Environment, Mr Danny Madigan

Group Manager Community and Relationships, Ms Leanne Barnes

Finance Manager, Mr Lucas Scarpin

Minute Secretary, Ms Simone Bayley

Confirmation of Minutes

1/13

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That the Minutes of the Ordinary Meeting held on 12 December 2012 as circulated, be taken as read and confirmed.

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

Against: Nil

2.	Apologies
	There were no apologies.

3. Declarations

Pecuniary Interest

The General Manager declared a pecuniary interest regarding Item 20.2 Closed Session: General Manager’s Contract. A signed declaration form was tabled by the General Manager for inclusion in the Register, noting the General Manager will depart the meeting.

Cr Britten declared a pecuniary regarding Item 10.2, Economic Committee Merimbula CBD Lands on the basis that he is a director of a company owning Main Street land. A signed declaration form was tabled by Cr Britten for inclusion in the Register noting he would depart the meeting room, taking no part in debate or voting on this item.

Cr McBain declared a pecuniary regarding Item 11.4, Infrastructure Waste and Water, Water Supply and Sewer Section 64 Contributions on the basis that she is an owner of a block of land with Section 64 charges. A signed declaration form was tabled by
Cr McBain for inclusion in the Register. Cr McBain departed the meeting room, taking no part in debate or voting on this item.

Non Pecuniary Interest

The General Manager declared a non-pecuniary interest regarding Item 20.1 Closed Session: General Manager’s Performance Review. A signed declaration form was tabled by the General Manager for inclusion in the Register, noting the General Manager will depart the meeting.

4. Deputations (by prior arrangement)

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

Regarding Planning and Environment (Sustainability) Report No 8.1 Proposed Woolworths supermarket, Montague Street, Bermagui

• Mr Wes Dose on behalf of Woolworths (applicant)

• Mr Geoff Steel

• Mr Neil McPherson

• Dr Frances Perkins on behalf of National Trust Far South Coast Branch

Suspension of Standing Orders

2/13

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That Standing Orders be suspended to allow the following persons to address Council and to respond to questions from Councillors:

Regarding the proposed Woolworths supermarket, Montague Street, Bermagui:

• Cathy McGee

• Johannes Wuerbels, on behalf of Wakefield planning

• Kathleen Sherwin-Ozawa

• Lindsay Rowles, on behalf of Woolworths (applicant)

Regarding modification of development consent DA 2011.453 lot 2 dp 1083308 Newtown Road:

• Mr Mark Pearson

• Mr Norman Pearce (applicant)

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

Against: Nil

The following persons addressed Council and responded to questions from Councillors regarding Planning and Environment (Sustainability) Report No 8.1: Woolworths supermarket, Montague Street, Bermagui:

• Mr Geoff Steel

RESOLVED on the motion of Crs Mawhinney and Fitzpatrick

That Mr Steel be granted an extension of two minutes to complete his address.

• Mr Neil McPherson

RESOLVED on the motion of Crs Hughes and Tapscott

That Mr McPherson be granted an extension of two minutes to complete his address.

• Dr Frances Perkins, on behalf of National Trust Far South Coast Branch

RESOLVED on the motion of Crs Seckold and McBain

That Dr Perkins be granted an extension of two minutes to complete her address.

• Mr Johannes Wuerbels, on behalf of Wakefield planning

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That Mr Wuerbels be granted an extension of two minutes to complete his address.

• Ms Kathleen Sherwin-Ozawa

RESOLVED on the motion of Crs Fitzpatrick and Hughes

That Ms Kathleen Sherwin-Ozawa be granted an extension of two minutes to complete her address.

Mr Lindsay Rowles, on behalf of Woolworths (applicant), withdrew his request on the basis he had no new information to add to that provided by previous addressees.

The following persons addressed Council and responded to questions from Councillors regarding Planning and Environment Report (Sustainability) No 8.2: Modification of development consent DA 2011.453 lot 2 DP 1083308 Newtown Road:

• Mr Mark Pearson

RESOLVED on the motion of Crs Mawhinney and Crs Tapscott

That Mr Mark Pearson be granted an extension of two minutes to complete his address.

• Mr Norman Pearce (applicant)

RESOLVED on the motion of Crs Fitzpatrick and Crs Hughes

That Mr Norman Pearce be granted an extension of two minutes to complete his address.

The Mayor thanked the addressees.

5. Petitions

The Mayor tabled a petition from 65 persons received by email in regards to the McDonalds development in Swan Street in Bega. The general theme of these emails was:

“I just signed Hugh Pitty's petition "McDonalds Australia CEO Catriona Noble: Move the proposed Bega McDonalds from residential Swan Street to North Bega" on Change.org. Here's why I signed” Followed by comments on the site being inappropriate.

A number of petitions did not include residential addresses to sufficiently identify the author or their locality.

6. Mayoral Minutes

There were no Mayoral Minutes.

Adjournment into Standing Committees

3/13

RESOLVED on the motion of Crs Fitzpatrick and Seckold

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, Mawhinney, Allen and Fitzpatrick

Against: Nil

At 3.23 pm The Ordinary meeting adjourned and formed the Standing committees.

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

Proposed Woolworths supermarket, Montague Street, Bermagui

4/13

RESOLVED on the motion of Crs Fitzpatrick and Mawhinney

1. That in accord with the Code of Meeting practice, the matter be deferred for further report on matters raised during deputations.

2. That Councillors attend a site inspection with staff.

3. That Councillors meet with community members for further feedback at a date and venue to be confirmed.

8.2

Educational Establishment and Reception Establishment, Newtown Road, Bega - Proposed Modification to Condition No. 3

A motion was moved by Crs Mawhinney and Taylor

1. That in accordance with the Code of Meeting practice, the matter be deferred for a further report to Council on matters raised during deputations.

2. That a further report on noise modelling be prepared by the applicant to consider impacts of vehicle movements at on-street locations in the operation of the reception centre.

A motion was foreshadowed by Cr Fitzpatrick

That the application to modify Condition 3 of Development Consent No. 2009.0004, being for an Educational Establishment and Reception Establishment be approved to operate the reception centre Monday to Friday until 11 pm and on Saturdays until 12am with conditions requiring provision of on-street parking.

The motion was put to the vote and it was CARRIED

5/13

RESOLVED on the motion of Crs Mawhinney and Taylor

1. That in accordance with the Code of Meeting practice, the matter be deferred for a, further report to Council including matters raised during deputations.

2. That a further report on noise modelling be prepared by the applicant to consider impacts of vehicle movements at on-street locations in the operations of the reception centre.

IN FAVOUR: Crs Taylor, Britten, McBain, Hughes, Tapscott and Mawhinney

AGAINST: Crs Seckold, Allen and Fitzpatrick

9. Staff Reports – Community and Relationships (Liveability)

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

1.40 pm The Chairperson called for a brief adjournment, reconvening at 3.49 pm

Cr Seckold was absent when the meeting resumed.

Cr Allen conducted the meeting in her absence.

9.1

Stocktake of performing arts venues in South East NSW

6/13

RESOLVED on the motion of Crs Britten and Taylor

That Council note the report, Stocktake of performing arts venues in South East NSW, prepared by South East Arts.

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

Against: Nil

Absent: Seckold

Cr Seckold returned to the meeting at 3.52 resumed chair.

9.2

2013 Seniors Week Grants

A motion was moved by Crs Mawhinney and Fitzpatrick

That Council support the allocation of the 2013 Seniors Week grants to:

• Imlay District Nursing Home $500.00

• U3A Sapphire Coast Inc. $500.00

• Men’s Shed Merimbula $145.00

• Bermagui Senior Citizens’ Welfare Club $320.00

• Sapphire Coast Book Group $200.00

• Eden Community Access Centre $375.00

• Eden Men’s Shed $350.00

• Bega Senior Citizen’s Club $420.00

• Bega Valley Traditional Archers $500.00

A motion was foreshadowed by Cr Hughes

That Council support the allocation of the 2013 Seniors Week grants to the listed parties with the exception of the Bega Valley Traditional Archers.

The motion was put to the vote and it was CARRIED

7/13

RESOLVED on the motion of Crs Mawhinney and Fitzpatrick

That Council support the allocation of the 2013 Seniors Week grants to:

· Imlay District Nursing Home $500.00

· U3A Sapphire Coast Inc. $500.00

· Men’s Shed Merimbula $145.00

· Bermagui Senior Citizens’ Welfare Club $320.00

· Sapphire Coast Book Group $200.00

· Eden Community Access Centre $375.00

· Eden Men’s Shed $350.00

· Bega Senior Citizen’s Club $420.00

· Bega Valley Traditional Archers $500.00

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

Against: Cr Hughes

9.3

2013 Youth Week Grants

A motion was moved by Crs Fitzpatrick and Allen

That the 2013 Youth Week Small Grants be distributed to:

• Spiral Gallery $1000

• Skills Training and Employment trading as Auswide Projects $1000

• Candelo Arts Society $1000

• Theatre Onset Inc $1000

• Bega Valley Traditional Archers $1000

A motion was foreshadowed by Cr Hughes

That Council support the allocation of the 2013 Youth Week grants to the listed parties with the exception of the Bega Valley Traditional Archers.

The motion was put to the vote and it was CARRIED

8/13

RESOLVED on the motion of Crs Fitzpatrick and Allen

That the 2013 Youth Week Small Grants be distributed to:

· Spiral Gallery $1000

· Skills Training and Employment trading as Auswide Projects $1000

· Candelo Arts Society $1000

· Theatre Onset Inc $1000

· Bega Valley Traditional Archers $1000

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

Against: Crs Hughes and Tapscott

9.4

Tertiary Scholarships 2012/13

9/13

RESOLVED on the motion of Crs Britten and Fitzpatrick

That Council note the following students who received scholarships in 2012

$1000 University Scholarships to:

·     Kiah Tamatea
·     Miranda Shearer
·     Hollie Russell

$500 University Scholarship to:

· Samuel Hodges

$500 TAFE Scholarships to:

· Eva Taylor Duncan

· Ellie Jane MacArthur

· James O’Connell

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

Against: Nil

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

Acquisition of land at Cobargo Showground for Cobargo Sewage Treatment Plant

10/13

RESOLVED on the motion of Crs Britten and Fitzpatrick

1. That the land being Lot 1 in DP 1133917 together with easements E3 and E4 created in Lot 2 DP 1133917 and including those minerals not excluded pursuant to Section 171 of the Crown Lands Act, be compulsorily acquired for the purpose of sewerage treatment plant and infrastructure pursuant to Section 168 of the Local Government Act 1993.

2. That the General Manager be delegated authority to apply to the Minister of Local Government and/or the Governor for acquisition of the land.

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

Against: Nil

Cr Britten declared a pecuniary regarding Item 10.2, Economic Committee Merimbula CBD Lands on the basis that he is a director of a company owning Main Street land. A signed declaration form was tabled by Cr Britten for inclusion in the Register noting Cr Britten will depart the meeting room, taking no part in debate or voting on this item.

At 3.44pm Cr Britten left the meeting.

10.2

Merimbula CBD Lands

RESOLVED on the motion of Crs Allen and Mawhinney

That the item be deferred to the Closed Session for discussion, under Section 10A(2) of the Local Government Act 1993 on the basis that the reports concerns commercially sensitive information that if disclosed may confer a commercial advantage on a competitor of the council.

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

Against: Cr Hughes

Absent: Cr Britten

At 3.59 pm Cr Britten returned to the meeting.

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 7 December 2012

11/13

RESOLVED on the motion of Crs Britten and Allen

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 7 December 2012 and approve the following:

Bermagui Seaside Fair Street Parade – 9 March 2013

1 That, subject to conditions, Scenic Drive from Endeavour Point Headland and Lamont Street from the Montague Street to Wallaga Street intersections be temporarily closed between from 9.30am to 11.30am on Saturday, 9 March 2013 for the Bermagui Seaside Fair street parade.

2 That the proposed traffic arrangements involving the temporary closure of Scenic Drive and Lamont Street, Bermagui for the Bermagui Seaside Fair street parade on Saturday, 9 March 2013, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

Far South Coast National Show, Bega – 15-17 February 2013

1 That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed from 9am to 5pm on 15, 16 and 17 February 2013 for the Far South Coast National Show.

2 That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker and Belmore Streets, be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 15, 16 and 17 February 2013 for the Far South Coast National Show.

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

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

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

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

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

Tathra Mountain Bike Enduro – 27-28 April 2013

1 That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 27 April and Sunday 28 April 2013 be approved.

2 That the event be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3 That the Traffic Control Plan is to reflect the following:

a) Dr George Mountain Road is not a full road closure.

b) All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

c) Use of cycle track is not available for racing purposes, as it is set aside for casual users.

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 Service by name for the event.

7 That organisers have written approval prior to conducting the event from the following:

a) Roads and Maritime Services, for the use of classified roads;

b) NSW Police, under Section 40 of the Roads (Transport Safety & Traffic Management) Act;

c) National Parks and Wildlife Service;

d) Forests NSW.

8 That the organiser advertise the change to traffic conditions for the event.

9 That local emergency services and transport operators be notified prior to the event.

Warringal Range Road – Quaama Public School Walkathon

That the Quaama Public School Walkathon on Warrigal Range Road, Brogo, on 28 March 2013 be deemed a Class 4 special event.

Bega Valley Public School – School Crossing

That a letter be sent to the Bega Valley Public School Principal, inviting him to an onsite inspection with members of the Local Traffic Committee.

Wharf to Waves Bike Ride – 26 January 2013

1 That, subject to conditions, the Wharf to Wave Bike Ride on Saturday, 26 January 2013 be approved, subject to the submission of a satisfactory Traffic Control Plan and Special Event Traffic Management Plan.

2 That the proposed traffic arrangements for the Wharf to Wave Bike Ride on Saturday, 26 January 2013, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

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

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

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

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

Gowing Lane, Bega – Review of Loading Zone and Parking

That the request for a disabled accessible parking space in Gowing Lane, Bega not be supported, as it would not meet the current guidelines due to the limited width of the laneway.

Auckland Street, Bega – Bus Zone

That Council approve the relocation of the Bus Zone adjacent to the Sapphire Marketplace in Auckland Street, Bega from its current location opposite the Hill Street intersection to the original location near the Upper Street intersection.

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

Against: Nil

11.2

Acquisition of land for road widening of approaches to the Deep Creek Bridge on Mount Darragh Road

12/13

RESOLVED on the motion of Crs Allen and Mawhinney

1. That the acquisition of 2,234 square metres of land within Lots 384 and 385 of DP106442 be approved with compensation to the landowners of $6,000

2. That authority is given to the Mayor and General Manager to sign the necessary documents to give effect to the acquisition.

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

Against: Nil

11.3

Land Acquisition for Wanatta Lane Road Upgrade

13/13

RESOLVED on the motion of Crs Britten and McBain

1 That Council approve the acquisition of 0.17 hectares of land from Lot 36 DP 787823

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

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

Against: Nil

Cr McBain for inclusion in the Register noting Cr McBain will depart the meeting room, taking no part in debate or voting on this item.

At 4:00 pm Cr McBain left the meeting.

11.4

Water Supply and Sewer Section 64 Contributions

14/13

RESOLVED on the motion of Crs Britten and Taylor

That Council note the status report on the legal advice regarding Section 64 contributions for developments on vacant lots.

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

Against: Nil

Absent: Cr McBain

At 4:01 pm Cr McBain returned to the meeting.

11.5

Sewer Main Relining - Tender Number 53/12

15/13

RESOLVED on the motion of Crs Britten and Taylor

1. That Council accept the tender from Relining Solutions Pty Ltd for the contract of works described in Tender 53/12, in the amount of $410,054 (excluding GST), subject to variations and provisional sums.

2. That Council accept the provisional rates from Relining Solutions Pty Ltd with a view to extending the tender to suit Council’s approved budget in the 2013/2014 financial year, subject to satisfactory performance.

3. That authority be delegated to the General Manager to execute all necessary documentation.

4. That unsuccessful Tenderers be advised of Council’s decision.

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

Against: Nil

11.6

Sewer Main Pipe Bursting - Tender Number 52/12

16/13

RESOLVED on the motion of Crs Britten and McBain

1. That Council accept the tender from Beno Excavations Pty Ltd trading as Benex Pipelines (Benex) in relation to contract for the works described in Tender 52/12, in the amount of $489,057.82 (excluding GST), subject to variations and provisional sums.

2. That Council accept the provisional rates from Beno Excavations Pty Ltd trading as Benex Pipelines (Benex) with a view to extending the tender to suit Council’s approved budget in the 2013/2014 financial year, subject to satisfactory performance.

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

4. That unsuccessful tenderers be advised of Council’s decision.

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

Against: Nil

11.7

Water Mains Renewal Works - Tender 51/12

17/13

RESOLVED on the motion of Crs Britten and Allen

1. That Council accept the tender from RD Miller for the works described in Tender 51/12, in the amount of $988,390.91 (excluding GST), subject to variations and provisional sums.

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

3. That other Tenderers be advised of Council’s decision.

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

Against: Nil

11.8

CBD Masterplans

18/13

RESOLVED on the motion of Crs Britten and Seckold

That requests for proposal be sought from suitably qualified persons or organisations for the preparation and consultations for the four CBD public domain masterplans.

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

Against: Nil

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

Southern Councils Group Business Meeting 30 November 2012

19/13

RESOLVED on the motion of Crs Britten and Allen

That Council note the resolutions of the Southern Councils Group meeting held on 30 November, 2012.

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

Against: Nil

12.2

Australian Local Government Association - update on constitutional recognition of local government

20/13

RESOLVED on the motion of Crs Britten and Seckold

That Council lodge a submission to the Joint Parliamentary Committee on Constitutional Recognition of Local Government in the terms outlined by ALGA if required.

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

Against: Nil

12.3

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

21/13

RESOLVED on the motion of Crs Allen and Britten

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

12.4

Council review of policy

22/13

RESOLVED on the motion of Crs Allen and Seckold

That Councillors undertake the review of Council policies by theme through workshops for report to Council.

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

Against: Nil

At 4.15 pm The Ordinary Meeting was reconvened.

13.	Adoption of reports from Standing Committees
23/13	RESOLVED on the motion of Crs McBain and Tapscott That all motions recorded in the Standing Committees, including votes for and against and declarations, excluding items 10.2 and 11.4, be adopted in the Ordinary Council Meeting. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil
	Pecuniary Interest Cr Britten declared a pecuniary regarding Item 10.2, Economic Committee Merimbula CBD Lands on the basis that he is a director of a company owning Main Street land. A signed declaration form was tabled by Cr Britten for inclusion in the Register. Cr Britten departed the meeting room, taking no part in debate or voting on this item.
	At 4.17 pm Cr Britten left the meeting. That all motions for item 10.2 recorded in the Standing Committee including votes for and against declarations, be adopted in the Ordinary Council Meeting. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten At 4.19 pm Cr Britten returned to the meeting.
	Pecuniary Interest Cr McBain declared a pecuniary regarding Item 11.4, Infrastructure Waste and Water, Water Supply and Sewer Section 64 Contributions on the basis that she is an owner of a block of land with Section 64 charges. A signed declaration form was tabled by Cr McBain for inclusion in the Register, noting Cr McBain will depart the meeting room, taking no part in debate or voting on this item.
24/13	At 4.20 pm Cr McBain left the meeting. RESOLVED on the motion of Crs Britten and Mawhinney That all motions for item 11.4 recorded in the Standing Committee including votes for and against declarations, be adopted in the Ordinary Council Meeting. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain At 4.21 pm Cr McBain returned to the meeting.

14. Delegates Reports

There were no Delegates reports.

15. Rescission/alteration Motions

There were no rescission/alteration motions.

16. Notices of Motion

There were no notices of motion.

17. Urgent Business

17.1

Bega Town Hall Expressions of Interest Stage 3

RESOLVED on the motion of Cr Crs Britten and Mawhinney

That this matter be dealt with as an item of urgent business

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

Against: Nil

25/13

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That Council invite Rankin Builders Pty Ltd being the next ranked contractor from the EOI process stage 2 to tender for the Bega Town Hall.

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

Against: Nil

18. Questions On Notice

18.1

Cr Tapscott - Declaration of Bega as a Regional Centre

At the Council Meeting on 12 December 2012 Cr Tapscott asked for clarification on the process by which Bega was declared a Regional Centre and the long term consequences of this decision.

Cr Tapscott sought information on the time line of the process, and who was involved in the consultative process (inside or outside the shire), as well as where and when this decision was gazetted and by whom.

A response was provided by the Group Manager Community and Relationships via memorandum to Councillors:

At the Council meeting on 12 December 2012 Cr Tapscott asked for clarification on the process by which Bega was declared a Regional Centre and the long term consequences of this decision.

The question was taken on notice by the Acting General Manager, who advised the decision was part of the South Coast Regional Strategy developed by the then NSW Department of Planning.

The NSW Government Department of Planning ‘South Coast Regional Strategy 2006-2031’ comprising the LGAs of Shoalhaven, Eurobodalla and Bega Valley was developed with extensive consultation with various agencies, local government and community in the period 2001 to 2005 with the draft being placed on public exhibition in 2005-06, and published by the Minister in January 2007. More than 120 submissions were received on the draft from Councils, environment, community and business groups.

The Strategy was developed as a major land use planning tool and guideline for state and local government. The document can be found at

http://www.planning.nsw.gov.au/southcoast/p/southcoast_regionalstrategy.pdf

The South Coast Regional Strategy was a key informing document for Bega Valley Shire Council’s first 20 year plan prepared in 2005-06 and was developed as a framework document for local councils south of Nowra in the development of LEPs. The key references and determination by the NSW Government of Bega as a regional centre are included in this document. It also outlines major towns, towns, ports and other infrastructure.

The strategy was developed by the Department of Planning and was a project of the Premiers Regional Coordination Management Group and is one of 7 strategies developed across NSW at that time.

The strategy identifies key infrastructure projects however these are not specifically linked to regional centres.

The following table illustrates the key functions of major regional centres, major towns and towns:

Centres Hierarchy	Commercial centres servicing the South Coast	Key functions of centre
Major Regional Centre	Nowra-Bomaderry, Batemans Bay and Bega	Provide for the majority of growth within the Region. A concentration of medium and higher density living, business, employment, professional services, specialized shops and associated warehouses, transport logistics and bulky goods operations. Focal point for sub-regional road and transport networks
Major Town	Ulladulla, Moruya, Narooma, Merimbula, Vincentia district	Existing smaller centres identified for a lesser proportion of growth. Provide a shopping and business centre for the district, including warehouses, transport logistics, bulky goods operations, health and professional services, mixed with medium density residential.
Town	Examples include Eden, Pambula, Berry, Milton and Bermagui (to be applied to all relevant centres by council)	Small centres that vary in size. Small to medium concentrations of retail, health and other services with lower density residential. Reliant on higher order centres for shopping and employment

The Strategy notes:

Bega Valley Shire is projected to grow by an additional 10,900 people. Existing land supply and demand for housing in coastal centres such as Merimbula, Eden and Bermagui will cater for the majority of this growth. Bega has the capacity to grow into a stronger regional administrative and service centre in the long term.

Bega is mapped as a major Regional Town. There are also nominated Major Towns (Merimbula) and Towns (Eden, Pambula and Bermagui) noted in the strategy.

The Strategy advises ‘In the longer term however, housing growth within and around the existing centre of Bega will become the focus for housing in Bega Valley. This will be achieved through the take-up of already zoned land, the restriction of new urban zonings along the coast and the encouragement of development within the current boundaries of the urban area. Higher densities in the Bega centre will be encouraged through improvements in local amenity as well as allowing for development that complements higher order service provision, eg retail, health and education.’

It is presumed that Strategy influences other state agency planning decisions in regard to size and siting of public infrastructure and facilities funded by Government.

18.2

Cr Fitzpatrick - Emergency Access Mirador Estate

Cr Fitzpatrick noted that on 12 April 2011, Council resolved to enter into negotiations with the owners of 51 Camilla Court, Merimbula to purchase a portion of their land to enable construction of emergency access for residents of the Mirador Estate. Recent information provided to Councillors advised that negotiations had ceased.

Cr Fitzpatrick asked could advice or a report be provided to Councillors indicating:

• The reasons that the resolution of Council was not completed

• If other options, previously reported to Council to provide emergency access, could be reviewed; and

• When would emergency access for the residents of Mirador be provided, as the access is required for their safety in the case of bushfire.

The question was taken on notice by the General Manager on behalf of the Group Manager Infrastructure, Waste and Water. The General Manager advised that negotiations had ceased due to sale of the property

Response

Council had been negotiating with the owners of 28-30 Camilla Court, Merimbula to secure land from 51 Camilla Court for the purpose of an emergency access. Staff received notification in late 2012 that 51 Camilla Court had been sold and that negotiations were to cease. As a result of this, an alternate option is now being proposed.

The alternate option is to fill a section of the Council owned reserve (community land) being Lot 1042 in DP 833411, connecting to Camilla Court. Currently, an access to the property 28-30 Camilla Court, via a right of carriageway, traverses this reserve. It is proposed to fill a section of this access (owned by Council) to the surface level of Camilla Court (refer attached map).

The length of the filling will be determined by final grade requirements (20% absolute maximum), approximately 250m3 of fill. It is proposed to create a minimum width of 4 to 4.5 metres to allow for a single lane access connecting to Camilla Court. This option will provide for all activity being confined to Council owned and managed property.

The proposal will require the importation of fill to the site to raise the access, whilst still providing the legal connection to the property at 28-30 Camilla Court. It is proposed to restore the access to this property before its common boundary with the reserve.

The constructed access once completed will provide a pedestrian access and a permanent emergency access controlled by bollards at either end.

Costs associated with the proposal will purely be in relation to civil construction works, of which will be determined by the appropriate grade of the access (minimum of approximately 250m3 at an estimated cost of $5,000). The length of fill could be kept to a minimum by constructing an access in accordance with Council’s maximum grading profile for a driveway of 20% (1 in 4). If Council wish the access to be of a lesser grade, then more fill will need to be imported to the site, thus increasing the cost of the proposal. It is envisaged that the final surface will be bitumen sealed to not only protect the surface but also to reduce the impact of soil erosion.

18.3

Cr Allen - Cobargo Bus Parking

Cr Allen asked could the matter of half hour parking and provision of bus parking in Cobargo be included on the Agenda for the Traffic Committee.

The Group Manager Infrastructure Waste and Water advised he would arrange for the matter to be included in the Traffic Committee Agenda.

Response

Council’s representative of the Local Traffic Committee (LTC) has been requested to investigate the options for Bus Parking in Cobargo. Council’s LTC representative has undertaken the site inspection and will be proposing at the February meeting of the LTC to provide a bus zone on the Princes Highway, in the vicinity of the Tourist Information Centre. The proposed location was deemed appropriate after consideration of loss of on street parking, safety (sight distance) and grade.

The proposed location is considered to be central to the business community of Cobargo without the loss of on street parking. Its location provides an opportunity for off street car parking for those residents travelling from the area, to park their vehicles off the main street. The grade of the roadway and footpath provides safe and easy access to and from both the travel lane of the highway and the footpath. Currently the providers of the long haul bus services stop at this location for all northbound traffic. The site for the south bound traffic is proposed to be outside the RSL Memorial Hall. This location also provides for the same attributes as the northbound zone.

It is proposed that these locations be dedicated Bus Zones with operating hours of 8am to 6pm, to be aligned with the business hours of the Cobargo CBD.

A request has also been received for half hour parking zones on the main street of Cobargo, being the Princes Highway. Due to the nature of the users of the on street parking, it is considered to be more appropriate that a 1 hour restriction be placed. This time limit would be in accordance with other main streets within the Shire. It is proposed that the zone commence at the intersection of the Princes Highway and Cobargo Bermagui Road and terminate at the southern end of the proposed bus zone.

There has been no community consultation undertaken by Council staff, however it is assumed that the request from the Councillor was on behalf of the community.

19. Questions for the Next Meeting

19.1

Rebranding of the Shire

Cr Kristy McBain asked that reports be prepared regarding rebranding of the Bega Valley Shire to the Sapphire Coast Council. The report is to include financial data and the effectiveness of rebranding in line with the soon to be released Communications strategy.

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

20. Confidential Business

RECOMMENDATION

RESOLVED Crs Britten and Mawhinney

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

10.2 Merimbula CBD Lands

Reason for Confidentiality

This item was deferred to the Closed Session on the resolution of Council because under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating:

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

(ii) confer a commercial advantage on a competitor of the council, or

20.1 General Manager's Performance Review

Reason for Confidentiality

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

20.2 General Manager's Contract

Reason for Confidentiality

2. Pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3. The correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

At 4.30 pm the Ordinary meeting was adjourned

At 5.00 pm the General Manager departed the meeting room

The General Manager declared a pecuniary interest regarding Item 20.2 Closed Session: General Manager’s contract. A signed declaration form was tabled by the General Manager for inclusion in the Register. The General Manager also declared a non-pecuniary interest regarding Item 20.1 Closed Session:
General Manager’s Performance Review. A signed declaration form was tabled by the General Manager for inclusion in the Register.

At 6.25 pm the Ordinary Meeting reconvened from the Closed Session.

Extension of Time

RESOLVED on the motion of Crs Mawhinney and Allen that the meeting time be extended by 45 minutes.

21. Adoption of reports from Closed Session

Pecuniary Interest

Cr Britten declared a pecuniary interest regarding Item 20.2, Economic Committee Merimbula CBD Lands on the basis that he is a director of a company owning Main Street land. A signed declaration form was tabled by Cr Britten for inclusion in the Register noting Cr Britten will depart the meeting room, taking no part in debate or voting on this item.

At 6.26 pm Cr Britten departed the meeting room

10.2

Merimbula CBD Lands (deferred from the Economic Committee)

26/13

RESOLVED on the motion of Crs Allen and Mawhinney

That Council adopt the recommendation from the Closed Session:

1. That Council commission commercial precinct masterplans in the Main Street and Palmer/Market St precincts, in conjunction with the parties that expressed interest in those sites, on a cost share basis. Such masterplans would inform revisions of DCP and site development applications.

2. That Council authorise the General Manager to formally engage with the EOI parties to progress joint development opportunities.

3. That Council authorise the General Manager to negotiate terms for the acquisition of such part of Lot No 111 DP 623471in Market St to enable the proposed Merimbula Bypass road and access to the Mobil development site being Lot No 2 DP 97361, Lot No 1 DP 163768, Lot No A DP 201599 and the acquisition of such part of Lot No 2311 DP 1074792 in Palmer Lane to enable the proposed Bypass road and commence discussion with effected parties and property owners along the Bypass route.

4. That Council authorise the General Manager to negotiate other matters in Merimbula CBD lands report in the terms as outlined in the Closed Session meeting.

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

Against: Cr Hughes

Absent: Cr Britten

At 6.27 pm Cr Britten returned to the meeting room.

20.1

General Manager's Performance Review

27/13

RESOLVED on the motion of Crs Mawhinney and Seckold

That Council adopt the recommendation from the Closed Session:

That the General Manager’s 2012/13 half yearly performance be noted as better than satisfactory.

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

Against: Nil

20.2

General Manager's Contract

28/13

RESOLVED on the motion of Crs Britten and McBain

That Council adopt the recommendation from the Closed Session:

1. That Council offer to renew the General Manager’s Contract of Employment for a period of five (5) years under the standard form of contract.

2. That the Mayor be authorised to advise the General Manager in confidence of the terms of that contract.

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

Against: Nil

21. Resolutions to declassify reports considered in closed session

There were no resolutions to declassify.

Closure

There being no further business, the Chairperson closed the meeting at 6.43 pm.

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

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 16 January 2013.