Held on Wednesday, 16 January 2013
at Council Chambers, Bega commencing at 2.01 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 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 |
1. |
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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. |
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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.
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
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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 |
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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. |
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.
There were no Mayoral Minutes.
7. |
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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.
In accordance with Council’s Code of Meeting Practice, Councillor Britten assumed the chair for this section of the agenda.
8.1 |
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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 |
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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 |
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 |
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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 |
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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 |
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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 |
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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 $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 |
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.
At 3.59 pm Cr Britten returned to the meeting.
In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the chair for this section of the agenda.
11.1 |
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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 |
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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
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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.
At 4:00 pm Cr McBain left the meeting.
11.4 |
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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 |
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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 |
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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 |
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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 |
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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 |
In accordance with Council’s Code of Meeting Practice, Councillor Mahwhinney assumed the chair for this section of the agenda.
12.1 |
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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 |
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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. |
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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 |
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Pecuniary Interest |
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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. |
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Pecuniary Interest |
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. |
There were no Delegates reports.
There were no rescission/alteration motions.
There were no notices of motion.
17. Urgent Business
17.1 |
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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 SeckoldThat 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 |
18.1 |
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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. 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. 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:
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. |
19. Questions for the Next Meeting
20. Confidential Business
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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 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. 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.