Ordinary Meeting Minutes

Held on Wednesday, 27 February 2013

at Council Chambers, Bega commencing at 2.00 pm

 


Present

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

In Attendance

Acting General Manager,
Ms Leanne Barnes

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Manager Finance, Lucas Scarpin

Minute Secretary, Simone Bayley

 

 

1.

Confirmation of Minutes

29/13

RESOLVED on the motion of Crs Allen and Fitzpatrick

That the Minutes of the Ordinary Meeting held on 6 February 2013 as circulated, be taken as read and confirmed.

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

Against:            Nil

 

2.

Apologies

30/13

RESOLVED on the motion of Crs Allen and Seckold

Cr Mawhinney sent her apologies for the meeting.

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

Against:            Nil

 

3.         Declarations

There were no declarations of interest

4.         Deputations (by prior arrangement)

 

 

Suspension of Standing Orders

31/13

RESOLVED on the motion of Crs Seckold and Hughes

 

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

Regarding Governance and Strategy Report No 12.1 Chinese Delegation - Nanyang:

·        Liam O'Duibhir on behalf of TripleAcs

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

 

The Mayor thanked the Mr O’Duibhir for his address.

5.         Petitions

Cr Fitzpatrick tabled a petition regarding Eden Cove issues that the residents and landowners have listed a number of major works programs to which they have requested that the Bega Valley Shire Council rectify which had 150 signatures. 

 

Cr Fitzpatrick requested that a formal report be prepared in response to the petition.

6.         Mayoral Minutes

There were no Mayoral Minutes.

7.

Adjournment into Standing Committees

32/13

RESOLVED on the motion of Crs McBain 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, Allen and Fitzpatrick

Against:            Nil

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

8.         Staff Reports – Planning and Environment (Sustainability)

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

8.1

Pesticides Use Notification Plan

33/13

RESOLVED on the motion of Crs Allen and Hughes

1.      That the Bega Valley Shire Council Pesticide Use Notification Plan 2013-2018 (attached) be adopted.

2.      That the NSW Environment Protection Authority and local media be advised of the adoption of the Plan and a notice be placed in the NSW Government Gazette.

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

Against:            Nil

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.

9.1

Senior of the Year 2013

34/13

RESOLVED on the motion of Crs Fitzpatrick and McBain

That Council endorse Margaret Sheaves as Senior of the Year 2012

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

Against:            Nil

 

9.2

NSW Rural Doctors 2013 Bush Bursary

35/13

RESOLVED on the motion of Crs Britten and Allen

1.      That Council participate in the 2013 NSW Rural Doctors Network Bush Bursary      for medical students program.

2.      That Council allocate funds in the 2013/14 budget to cover the scholarship and          administration costs.

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

Against:            Nil

 

 

9.3

2013 Young Women's Scholarship Applications

36/13

RESOLVED on the motion of Crs Britten and Allen

That Siobhan Linehan be named the Young Women’s Scholarship recipient for 2013.

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

Against:            Nil

 

9.4

Community Strategic Plan – Half Year Review of 2012 – 2013 Operational and Delivery Plan as of December 2012

37/13

RESOLVED on the motion of Crs Britten and Hughes

That Council receive and note the status update on the 2012-13 Operational Plan and subsequent progress against the 2011-16 Delivery Plan.

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

Against:            Nil

 

9.5

Merimbula Locavore 2013 EAT Event request for funding

38/13

RESOLVED on the motion of Crs Britten and Fitzpatrick

That Council approves seed funding of $5000 to be provided to Sapphire Coast Tourism for the 2013 EAT event to be held in Merimbula.

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

Against:            Nil

10.       Staff Reports – Economic (Enterprising)

There were no Economic Reports.

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

Asset Rationalisation - Toilets

39/13

RESOLVED on the motion of Crs Allen and Britten

1.      That the report for the rationalisation of public toilet assets and level of service          reduction of toilets specified within be noted

2.      That the public toilets rationalisation and services schedule outlined below be          adopted.

Bermagui Town Team- Area 1

Toilet Name

Date for Rationalisation

Horseshoe Bay, Bermagui

2013

Wallaga Lake, Wallaga Lake

2018/2019

Bruce Steer, Bermagui

2018/2019

Princes Highway, Cobargo

Deferred for further report

 

Bega Town Team- Area 2

Toilet Name

Date for Rationalisation

Bega Park, Bega

2013

Church Street, Bega

2017/2018

Jim Preo Reserve, Mogareeka

2018/2019

 

Merimbula Town Team- Area 3

Toilet Name

Date for Rationalisation

Yellow Pinch, Yellow Pinch

2013

Pambula River Mouth, Pambula Beach

2017/2018

Mitches Jetty, Merimbula

2019/2020

 

Eden Town Team- Area 4

Toilet Name

Date for Rationalisation

Nullica River, Eden

2013

George Bass Park, Eden

2013

Memorial Park, Eden

2019/2020

 

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

Against:            Cr Hughes

 

 

 

 

 

 

 

 

 

 

11.2

Land acquisition for Wanatta Lane road upgrade

40/13

RESOLVED on the motion of Crs Allen and Britten

1.         That Council approve the acquisition of 0.17 hectares of land from Lot 36 DP 787823 for the upgrade and widening of Wanatta Lane, as detailed in the report to Council on 16 January 2013.

2.         That Lots 1, 2 and 3 of the plan of land to be acquired for the purposes of the Roads Act 1993 within Lot 36 DP 787823 and Lot 3 DP592206 are required for road and after construction will be dedicated as public road pursuant to section 10 of the Roads Act 1993.

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

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

Against:            Cr Hughes

 

11.3

Bega Valley Coastline Cycleway Resurfacing Project

41/13

RESOLVED on the motion of Crs Seckold and McBain

1       That the General Manager be authorised to execute a funding agreement with the Department of Planning and Infrastructure under NSW Coastline Grants Program on a dollar for dollar basis in the amount of $200,000 for the 2012/13 financial year for the resurfacing of sections of shared pathway at the following locations:

1.       Andy Poole Drive, Tathra

2.       Bermagui Bridge to Bermagui Town Centre

3.       Arthur Kaine Drive from Pambula to Merimbula

4.       Pambula to  Pambula Beach

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

Against:            Nil

 

 

 

 

 

 

 

 

 

 

11.4

Licence Agreement for the Old CBC Bank Building Auckland Street, Bega

42/13

RESOLVED on the motion of Crs Britten and Seckold

1.     That Council approve, in-principle, a five year licence for the Bega Historical Society Incorporated to occupy the lower level of the Old CBC Building.

2.      That the Mayor and General Manager be authorised to execute the necessary documents.

3.      That in accordance with the requirements of the Crown Lands Act, Council obtain the Minister’s consent.

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

Against:            Nil

 

11.5

Tathra Community Garden

43/13

RESOLVED on the motion of Crs Taylor and Seckold

That Council develop a licence agreement to establish a community garden at Lot 114
DP 786308 Haven Place, Tathra.2  That the Mayor and General Manager be authorised to execute the necessary documents.

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

Against:            Nil

 

11.6

Formalisation of Road Name: Underhill Lane, Bega

44/13

RESOLVED on the motion of Crs Allen and Seckold

1.      That Council, by public advertisement, invite submissions for a period of 28 days for the proposed road name, Underhill Lane, Bega.

2.      That if no objections are received within the submission period, then authority be given to the General Manager to formalise the naming of the street without further referral to Council.

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

Against:            Nil

 

 

 

 

11.7

Bega Valley Local Traffic Committee Meeting 6 February 2013

45/13

RESOLVED on the motion of Crs Allen and Britten

1.      That Council support the use of The Snake Track, Kiah for the Bega Valley Rally, to          be held on 9 June 2013 in principle, subject to receipt of a complete application               from the organisers prior to the event.

2.      That Council note the advice of the Bega Valley Local Traffic Committee meeting          held on 6 February 2013 and approve the following: Bega Valley Rally – 9 June          2013

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

Against:            Crs Hughes

46/13

RESOLVED on the motion of Crs Britten and Seckold

Disabled Parking Spaces Candelo

1.      That Council support the installation of a disabled accessible parking space at the Candelo Swimming Pool.

2.      That Council not support the installation of a disabled accessible parking space in front of 17 Sharpe Street, Candelo.

Mountains to Beach Cycling Event – 4-8 March 2013

1.      That, subject to conditions, the on-road components in the Bega Valley Shire be approved, for Thursday, 7 March and Friday, 8 March 2013, for the Mountains to Beach mountain bike event.

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 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.

7.      That in respect to the Traffic Management Plan 2013, Intersection Treatments Code 10.14, all riders must dismount when on the footpath in accordance with NSW road rules.

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

Against:            NIL

 

11.8

Emergency Legislation Amendment Bill 2012

47/13

RESOLVED on the motion of Crs Allen and Seckold

That the report on the Emergency Services Amendment Bill be noted.

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

Against:            Nil

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

In accordance with Council’s Code of Meeting Practice, Councillor Taylor assumed the chair for this section of the agenda in Cr Mawhinney’s absence.

 

12.1

Chinese delegation - Nanyang

48/13

RESOLVED on the motion of Crs Fitzpatrick and Britten

That this matter which was subject to a deputation be considered at this meeting.

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

Against:            Crs Hughes

49/13

RESOLVED on the motion of Crs Britten and McBain

1.               That Council engage in trade and education visits with China including Nanyang and include school, university and workplace organisations to participate, and further consider participating in the next APEC convention in 2014.

2.               Council be proactive in marketing the Sapphire Coast and the Wilderness Coast as a tourist destination for overseas visitors including China.

3.         That community, business and tourism information on Bega Valley be prepared   in print and digital media, translated into Chinese appropriate to the province

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

Against:            Nil

 

 

 

 

 

12.2

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

50/13

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.      That the attached report indicating Council’s Investment position be received and noted.

2.      That the Certificate of the Responsible Accounting Officer be noted.

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

Against:            Nil

 

12.3

2012/2013 December Quarterly Budget Review Statement

51/13

RESOLVED on the motion of Crs Britten and McBain

1.       That Council note and endorse the December 2012 Quarterly Budget Review Statement.

2.       That Council adopt the variances to its operating budget as outlined in the QBRS.

3.       That Council place the QBRS for December 2013 on its website for public access.

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

Against:            Nil

 

12.4

2012 Local Government Election

52/13

RESOLVED on the motion of Crs Britten and Hughes

That Council note the report and submission made to the NSW Parliament Joint Standing Committee on Electoral Matters.

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

Against:            Nil

 

 

 

 

 

 

 

 

 

 

12.5

Australian Local Government Association National Conference - call for nominations

53/13

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.      That Council endorse Crs Taylor, Fitzpatrick, Allen, Seckold and the General Manager to attend the ALGA 2013 National General Assembly at the National Convention Centre in Canberra on 16 to 19 June 2013, with the necessary travel and accommodation costs to be defrayed by Council.

2.      That Councillors provide the General Manager with items to be considered via report to Council for submission as motions to the Assembly under the themes:

·    Motions that fall under the theme “Foundations for the Future – Twenty 13”

·    Be relevant to the work of local government nationally; and

·    Complement or build on the policy objectives of state and territory associations.

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

Against:            Nil

 

12.6

Local Government NSW Tourism Conference 2013

54/13

RESOLVED on the motion of Crs Allen and Fitzpatrick

That Council note the report.

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

Against:            Nil

2.55 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

55/13

RESOLVED on the motion of Crs Allen and Britten

That all motions recorded in the Standing Committees, including votes for and against, be adopted in and by the Ordinary Council Meeting.

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

Against:            Nil

 

 

 

14.       Delegates Reports

Cr Taylor reported on the Police Liaison Committee. The key item was the issue regarding late night trading at an establishment in Bega. Council is working to provide assistance to the owner of the venue including business support network contact BEC.

 

Cr Seckold reported on the SERAS Board Meeting Goulburn 12 February 2013:

The Competition & Touring Program began in December 2012 with a very successful Lawn Bowls Tour to Christchurch New Zealand with Tathra Bowling Club’s Jamie Reynolds – SERAS lost 3-2 overall.

 

The Individual Athlete Program has 10 scholarship holders in 2013.  The Golf Program had its second camp at Bermagui.  Lawn Bowls has conducted its first camp in Queanbeyan while Netball will hold its first training camp in March, Snow sports in May.

 

Performance Training Program will be offered to sporting groups teams within the region.  It will be conducted by a former intern student with SERAS.  The academy has its own 12 seater mini bus and trailer to transport intern students and all fitness testing equipment making the program fully mobile.

 

School Sport Science Program will be offered FREE OF CHARGE to complement Personal Development Health and PE students or school sporting teams.  This 2-3 hour session involves physiological and fitness  testing  and improving performance.

 

Student Internship Structure   There are three tiered internships.  Students are studying Sport Science at the University of Canberra and work on a part time basis for SEARS.

 

Cr McBain reported that Sapphire Coast Tourism (SCT) had advised that repairs to Green Cape Road have commenced. Also, the new SCT website now incorporates visitor centre information links. Partnerships with East Gippsland and Eurobodalla are progressing.

 

Cr Allen reported that he attended the Bush Fire Management Committee debrief for the Brogo and Millingandi fires. An issue in relationship to administrative support that occurred during the fires which is being resolved.

 

Cr Allen reported that the Sport Committee is holding a meeting of all users of the Bega Sportsgrounds on 18 March 2013.

 

 

 

 

 

15.       Rescission/alteration Motions

There were no Rescission/alteration Motions

16.       Notices of Motion

 

16.1

Conditions applying under Development Control Plan 2  update of background of Notice of Motion 16.1 from 6 February meeting     

 

 

56/13

NOTICE OF MOTION was moved by Crs Britten and Fitzpatrick that the Council resolution of December 2008 in relationship to Council maintained roads – legal and practical access be amended.

 POINT OF ORDER Cr Hughes

Cr Hughes identified that background information relating to this matter was not available in the published business paper and the matter should be deferred for a further report.

The Mayor upheld the point of order and the Notice of Motion lapsed.

 

17.       Urgent Business

There was no urgent business

18.       Questions On Notice

19.       Questions for the Next Meeting


Question No 1 - Cr Britten
asked that the report to Council on DCP 23 December 2008 be provided to all Councillors.

The Group Manager Infrastructure Waste and Water responded that the report will be forwarded to Councillors.

Question No 2 - Cr Fitzpatrick asked that a report to consider bringing forward plans for the Merimbula bypass and other CBD developments in the Long Term Financial Plan (LTFP).

The Acting General Manager noted that this will be considered in a report to Council regarding the consideration of the draft LTFP which is currently on public exhibition.

Question No 3 - Cr Tapscott asked for information in relationship to the timeline to the handover and process for the Wyndham Rural Fire shed.

The Group Manager Infrastructure Waste and Water responded that the Wyndham fire shed will be part of the Expression of Interest (EOI) being called for a number of other fire sheds currently no longer required for the Rural Fires Service (RFS).

When the EOI process closes, a report will be produced for Council as to the ongoing uses or otherwise of the decommissioning the RFS fire sheds.

Question No 4 - Cr Fitzpatrick asked for the timeline of the report to Council for the Development Control Plan.

The question was taken on notice by the Group Manager Planning and Environment.

 

Closure

There being no further business, the Chairperson closed the meeting at 3.18 pm.

 

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

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday,
27 February 2013.