Held on Wednesday, 6 February 2013
at Council Chambers, Bega commencing at 2.00 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 Group Manager Planning and Environment, Mr Andrew Woodley Group Manager Community and Relationships, Ms Leanne Barnes Finance Manager, Mr Lucas Scarpin Minute Secretary Simone Bayley |
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1. |
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29/13 |
RESOLVED on the motion of Crs Fitzpatrick and Seckold That the minutes of the meeting of 16 January 2013 be adopted as circulated with the following amendments: On Page 6 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
On Page 7: 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 On pages 22 and 23: 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. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
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2. |
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3. Declarations
Pecuniary Interest
Cr McBain declared a pecuniary interest regarding Item 11.1,
Legal Advice - Water Supply and Sewer Section 64 Contributions, Infrastructure
Waste and Water (Accessibility), on the basis that Cr McBain owns land with s64
charges attached.
A signed declaration form was tabled by Cr McBain
for inclusion in the Register.
Non Pecuniary Interest
Cr Britten declared a non-pecuniary interest regarding Item 11.2, Tender RFT 57/12 Merimbula Airport Runway Resurfacing, Infrastructure Waste and Water (Accessibility), on the basis that Cr Britten had previous contact with a current tenderer. A signed declaration form was tabled by Cr Britten for inclusion in the Register.
The Mr Ronald Knapman had been granted permission to address Council and to respond to questions from Councillors, regarding Notice of Motion 16.1 Conditions applying under Development Control Plan 2.
The Mayor thanked Mr Knapman for this address.
Cr Taylor tabled a Petition containing 41 signatures requesting Council not provide organics waste collection services for small acreages outside townships in the Shire.
A letter of response had already been provided by the Mayor to the 41 petitioners advising:
It is not Council’s intention to provide a garden organics service to properties on acreage outside the urban or village areas. The service is generally unavailable outside the towns.
One difficulty that we face is on the periphery of town areas where we commonly have mixed allotment sizes and a variety of land uses. Defining the boundary of service availability in these areas is at times a challenge.
Council encourages the use of organic waste in the home garden through composting and mulching where appropriate. The garden organics collection service is provided as a convenience in town areas, where there is less opportunity to recycle garden organic matter, and in order to reduce the amount of this material ending up in landfill via general waste collection.
There were no Mayoral Minutes.
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7. |
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30/13 |
RESOLVED on the motion of Crs Mawhinney 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 |
2.10 pm The Ordinary meeting adjourned and formed in the committee.
There were no Planning and Environment reports.
There were no Community and Relationships reports.
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 |
Subdivision and sale of land at Kerrisons Lane, Bega to Essential Energy |
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31/13 |
RESOLVED on the motion of Crs Britten and Allen 1. That Council note this report 2. That Council enter a contract of sale for part of Lot 420 DP874393 Kerrisons Lane, Bega to Essential Energy for $65,000 plus the additional costs of the sprinkler relocation works and the reasonable costs of Council in relation to the subdivision and sale. 3. That Council authorise its official seal to be affixed to the necessary documents under the signature of the Mayor and General Manager. 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 Fitzpatrick assumed the chair for this section of the agenda.
Cr McBain declared a pecuniary regarding Item 11.1, Legal Advice - Water Supply and Sewer Section 64 Contributions, Infrastructure Waste and Water (Accessibility) on the basis that she owns land with s64 charges attached. 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 2.11 Cr McBain left the meeting.
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11.1 |
Legal Advice - Water Supply and Sewer Section 64 Contributions |
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32/13 |
RESOLVED on the motion of Crs Seckold and Allen That Council note the legal advice provided by Lindsay Taylor Lawyers 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 2:12 pm Cr McBain returned to the meeting.
Cr Britten declared a pecuniary regarding Item 11.2, Tender RFT 57/12 Merimbula Airport Runway Resurfacing, Infrastructure Waste and Water (Accessibility) on the basis that he had previous contact with a current tenderer. 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 2:12 pm Cr Britten left the meeting.
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11.2 |
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33/13 |
RESOLVED on the motion of Crs Allen and Seckold 1. That Council accept the tender from Hewatt Earthworks Pty Ltd in relation to contract for the works described in Tender for the Merimbula Airport resurfacing RFT 57/12, in the amount of $5,782,658.34, not including provisional sums or GST, or $6,360,924.17 not including provisional sums, but including GST. 2. That authority be delegated to the General Manager to execute all necessary documentation. 3. That unsuccessful tenderers be advised of Council’s decision. In favour: Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Britten |
At 2:24 pm Cr Britten returned to the meeting.
In accordance with Council’s Code of Meeting Practice, Councillor Mawhinney assumed the chair for this section of the agenda.
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12.1 |
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34/13 |
RESOLVED on the motion of Crs Allen and Britten That the DLG publication ‘Comparative Information on NSW Local Government Councils 2010/11’ be received and noted. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
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12.2 |
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35/13 |
RESOLVED on the motion of Crs Seckold and McBain That Council adopt the new DLG
Model Code of Conduct and Procedures from In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
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12.3 |
Draft operational plan, budget and fees and charges - public exhibition |
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36/13 |
RESOLVED on the motion of Crs Britten and McBain 1. That the draft 2013/14 operational plan and budget be placed on public exhibition from 7 February 2013 with feedback on Council’s proposed special rate variation to be considered at an Extraordinary meeting on 7 March 2013. 2. That the draft 2013/14 fees and charges be further considered by Councillors prior to public exhibition in April 2013 noting further amendments to the draft pending Council determinations on draft section 64 and section 94 charges and sporting and halls management committees draft fees. 3. Council hold public meetings at Bega, Bermagui, Merimbula and Eden to discuss the proposed special rate variation. IN FAVOUR: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick AGAINST: Cr Hughes |
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12.4 |
The Australian Coastal Councils Conference - South Australia March 2013 |
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37/13 |
RESOLVED on the motion of Crs Taylor and Tapscott That Cr Britten and staff nominee attend the 2013 Australian Coastal Councils Conference. That Council meet registration, travel, accommodation and related costs. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Allen Against: Cr Fitzpatrick |
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12.5 |
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38/13 |
RESOLVED on the motion of Crs Tapscott and Mawhinney That Council note the response from the NSW Minister for Health on the poll regarding the Pambula District Hospital. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil |
2.53 pm The Ordinary Meeting was reconvened.
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13. |
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39/13 |
RESOLVED on the motion of Crs Allen and Mawhinney That all motions recorded in the Standing Committees, excluding 11.1 and 11.2 but including votes for and against, be adopted in and by the Ordinary Council Meeting. IN FAVOUR: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick AGAINST: Nil 02.55 pm Cr McBain left the meeting. RESOLVED on the motion of Crs Britten and Mawhinney That all motions recorded in the Standing Committees, in relation to 11.1 and including votes for and against, be adopted in and by the Ordinary Council Meeting. IN FAVOUR: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick ABSENT: Cr McBain 02.55 pm Cr McBain returned to the meeting 02.58 pm Cr Britten left the meeting. RESOLVED on the motion Crs Allen and Mawhinney That all motions recorded in the Standing Committees, in relation to 11.2 and including votes for and against, be adopted in and by the Ordinary Council Meeting. IN FAVOUR: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick ABSENT: Cr Britten 02.59 pm Cr Britten returned to the meeting. |
There were no delegates reports.
There were no rescission/alteration motions.
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16.1 |
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40/13 |
RESOLVED on the motion of Crs Mawhinney and Seckold
That the notice of motion be deferred for consideration at the next meeting enabling Councillors to have regard to the outcome of the workshop on DCP road standards.
IN FAVOUR: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Allen AGAINST: Crs McBain and Fitzpatrick
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17. Urgent Business
There was no urgent business
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18.1 |
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At the Council meeting of 16 January 2013, Cr McBain requested information relating to the cost, process and effectiveness of rebranding the Shire from Bega Valley Shire to the Sapphire Coast Shire.
The Group Manager Community & Relationships responded to Councillors via memorandum advising:
This matter was previously considered by Council in June 2003 in relation to holding a poll with the March 2004 Council elections. The matter was not progressed at that time.
PROCESS The Division of Local Government (DLG) was contacted and has advised as follows: • DLG staff would not progress any requests from Councils until after the conclusion of the current Acts Taskforce and Local Government review processes due later this year. • There is no established procedure for Council to follow in order to progress a request to the DLG to assess such a request and forward to the Minister and Governor for proclamation. • The current government has not considered any requests of this nature so there is no precedence on criteria. • A key criteria would however be consultation with the community, the most effective form being a poll, held independently or in conjunction with Council elections. Voting in polls is not compulsory. • There is no definitive response in relation to what “consultation” may be considered satisfactory. • Council would need to also indicate that it has considered the costs and administrative impacts of such a request. These would include signage, hard copy and web based name protocols etc.
It is expected that an opportunity may arise when submissions are called in relation to any boundary readjustments that may result from the current local government review.
Whilst a poll would be costly an online discussion and survey monkey on Bega Valley Views may provide some indication of support or otherwise if Council were to resolve to progress this.
The next step would be a formal Council resolution to progress consultation prior to undertaking any formal process.
EFFECTIVENESS Previous discussions within the community about this proposal resulted in diametrically opposed views. One suggestion previously canvassed was a stronger branding of the words Sapphire Coast in conjunction with Bega Valley Shire Council.
Council will have presentations from Sapphire Coast Tourism Ltd and Australia’s Coastal Wilderness on 30 January. The final report on signage and branding and name protocols as discussed in the recent consultations facilitated by SCT will be forwarded to Council in the next few weeks.
Whilst Sapphire Coast refers to the coastal areas of the Shire, the Valley, hinterland and escarpment areas have previously indicated some concerns with a change. The current online photo competition, Council’s developing communications strategy and potential changes to be foreshadowed by the Local Government review and the Acts Taskforce, may provide opportunities to consider the Shire’s branding and name should councillors wish to move forward.
COSTS If Council were to progress with a formal poll, the costs are expected to be in the order of $50-100,000 if this were not held in conjunction with a Council election. Staff could progress discussions on gaining more definitive costings through the NSW Electoral Commission or an independent body.
Council currently brands the Shire on town entrance signs, street signs, and a wide range of regulatory signage. The move to a new Shire name/brand would require the progressive rebadging of this signage. This can be done in a planned replacement program however within current budget allocations it is expected that the process would take 5 to 10 years.
A current audit of signs has been completed so a more detailed costing and program could be developed. It is estimated that a budget figure in the order of $250,000 would ensure that a vast majority of major signs were progressed to any new brand/name protocol within a 12-18 month period.
Stationery, website and other items such as vehicle decals and staff uniforms would be less costly but expected to be in the order of $50-100,000.
CONCLUSION In order for this matter to be progressed a formal resolution from Council would be required to commence a first stage consultation process and a more detailed analysis of cost impacts. |
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18.2 |
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Cr Tapscott requested in writing on Sunday 27 January 2013, information regarding the Bega as Regional Centre question:
Further to my question on the matter of the process by which Bega became a regional centre.
I understand from the answer to this question that there were 120 submissions and some community consultation.
I would like to know how many of the 120 submissions were relevant to the Bega regional centre proposal, and if it is possible to access these submissions.
I would also like to know where the community consultations took place and who attended.
The Group Manager Community & Relationships will provide a response to the request.
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19. Questions for the Next Meeting
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19.5 |
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When will turfing of the former
Mobil site in Market Street in Merimbula commence? The General Manager advised turfing is scheduled to commence next week, now the school holiday peak has passed. |
Closure
There being no further business, the Chairperson closed the meeting at 3.06 pm.
CONFIRMED ........................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 6 February 2013.