Ordinary Meeting Minutes

Held on Wednesday, 20 March 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 Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

In Attendance

Acting General Manager and Group Manager Community and Relationships, Ms Leanne Barnes

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Minute Secretary – Janelle Curtis

 

1.

Confirmation of Minutes

30/13

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 27 February 2013 and the Extraordinary Meeting held on 7 March 2013 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

Non-Pecuniary Interest

Cr Seckold declared a non-pecuniary interest regarding Item 11.2, Licence for the Upper Level of the Tathra Wharf – Museum, on the basis that she is a member of the Tathra Wharf Museum Committee.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register.  Cr Seckold remained in the meeting room and took part in debate and voting

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.4, General Sportsground and Recreation Committee - Project Allocations on the basis that he is Chairperson of the General Sportsground and Recreation Committee.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.   Cr Fitzpatrick remained in the meeting room, but took no part in debate or voting on this item.

4.         Deputations (by prior arrangement)

 

Suspension of Standing Orders

31/13

RESOLVED on the motion of Britten and Mawhinney

That Standing Orders be suspended to allow Mr Wes Dose, on behalf of Woolworths, to address the Council regarding Planning and Environment (Sustainability) Report 8.1 - Proposed Woolworths supermarket - Montague Street, Bermagui .

Mr Dose addressed Council and responded to questions from Councillors.

The Mayor thanked Mr Dose for his address

5.         Petitions

There were no petitions

6.         Mayoral Minutes

There were no Mayoral Minutes.

7.

Adjournment into Standing Committees

32/13

RESOLVED on the motion of Crs Seckold and Mawhinney

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

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

Proposed Woolworths supermarket - Montague Street, Bermagui

 

A motion was moved by Crs Fitzpatrick and Allen

That the matter be heard as no new matters were raised during the address.

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

Against:            Cr McBain

A motion was moved by Crs Fitzpatrick and Allen

1.         That Development Application 2012.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage at Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui be approved subject to conditions as outlined in the draft consent attached to the staff report presented to the Council meeting held on 20 March 2013.

2.         That those persons who made a submission be advised of Council’s decision.

An amendment was proposed by Cr Britten and it was accepted by the mover and seconder:

3.         That a further condition be included in the approval that there be a 3 metre dedication of Fabcot Land to facilitate the widening of the unnamed lane (sometimes called “Lamont Lane”).

A motion was foreshadowed by Cr Tapscott and seconded by Cr Hughes

1.       That the matter be deferred and the General Manager provide a report to the next practicable meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the refusal of consent to DA 2012.0098.

2.       That the report include reasons for refusal of development consent in the event that Council ultimately determines to refuse the development application.

Cr Allen withdrew his seconding of part 3 of the motion therefore the motion is:

1.         That Development Application 2012.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), carparking, landscaping and associated advertising signage at Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui be approved subject to conditions as outlined in the draft consent attached to the staff report presented to the Council meeting held on 20 March 2013.

2.      That those persons who made a submission be advised of Council’s decision.

The motion was put to the vote and it was LOST

In favour:        Crs Britten, Allen and Fitzpatrick

Against:            Crs Taylor, McBain, Hughes, Tapscott, Seckold and Mawhinney

A motion was moved by Crs Tapscott and Hughes

1.       That the matter be deferred and the General Manager provide a report to the next practicable meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the refusal of consent to DA 2012.0098.

2.       That the report include reasons for refusal of development consent in the event that Council ultimately determines to refuse the development application.

An amendment was suggested by Cr Britten regarding the proposed 3 metre widening of the lane sometimes known as “Lamont Lane” but was not accepted.

The motion was put to the vote and it was CARRIED

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

Against:            Crs Allen and Fitzpatrick

33/13

RESOLVED on the motion of Crs Tapscott and Hughes

1.       That the matter be deferred and the General Manager provide a report to the next practicable meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the refusal of consent to DA 2012.0098.

2.       That the report include reasons for refusal of development consent in the event that Council ultimately determines to refuse the development application.

9.         Staff Reports – Community and Relationships (Liveability)

The were no Community and Relationship (Liveability) reports.

10.       Staff Reports – Economic (Enterprising)

There were no Economic (Enterprising) 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

Bega Valley Local Traffic Committee Meeting 6 March 2013

34/13

RESOLVED on the motion of Crs Britten and Allen

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 6 March 2013 and approve the following:

Gowing Lane, Bega - Disabled Accessible Parking Space and Motorcycle Parking Space

1.      That Council approve the installation of an accessible parking zone and a motorcycle parking zone located off the eastern end of Gowing Lane, Bega as indicated on the attached plan.

Anzac Day March and Service – Candelo

1.      That the proposed traffic arrangements for the Candelo RSL Sub Branch Anzac Day March and Service on 25 April 2013 be approved and deemed a Class 2 special event.

2.      That a section of Council road at William Street, Candelo be temporarily closed on Thursday, 25 April 2013 for the Candelo RSL Sub Branch Anzac Day March and Service, in accordance with Traffic Control Plan 3831.

Anzac Day March and Service – Eden

1.      That the proposed traffic arrangements for the Eden RSL Sub Branch Anzac Day March be approved and deemed a Class 2 special event.

2.      That sections of Council roads at Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Thursday, 25 April 2013 for the Eden RSL Sub Branch Anzac Day March, in accordance with Traffic Control Plan 3822.

Anzac Day March and Service - Merimbula and Pambula

1.      That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day Dawn Service, March and Service in Merimbula be approved and deemed a Class 2 special event.

2.      That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day March and Service in Pambula be approved and deemed a Class 1 special event.

3.      That sections of Council roads in Main Street, Market Street and Beach Street, Merimbula and Quondolo Street, Pambula be temporarily closed on Thursday, 25 April 2013 for the Merimbula RSL Sub Branch Anzac Day Dawn Service, March and Service in Merimbula and March and Service in Pambula, in accordance with the Traffic Control Plans.

4.      That the temporary closure of the Princes Highway, Pambula is a matter solely for Roads and Maritime Services.

Anzac Day March and Service – Bega, Bemboka, Tathra and Wolumla

1.      That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day Dawn Service, March and Service in Bega and Anzac Day March and Service in Bemboka be approved and deemed a Class 1 special event.

2.      That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day Dawn Service, March and Service in Tathra and Anzac Day March and Service in Wolumla be approved and deemed a Class 2 special event.

3.      That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra and Bega Street in Wolumla be temporarily closed on Thursday, 25 April 2013 for the Bega RSL Sub Branch Anzac Day proceedings, as per the Traffic Control Plans.

4.      That the temporary closure of the Princes Highway, Bega and the Snowy Mountains Highway, Bemboka are matters solely for Roads and Maritime Services.

Merimbula Jazz Festival Street Parade – 8 June 2013

1.      That, subject to conditions, sections of Merimbula Drive and Market Street, Merimbula be temporarily closed between 10am to 11am on Saturday, 8 June 2013 for the Merimbula Jazz Festival street parade.

2.      That, subject to conditions, Beach Street, Merimbula between the Market Street and Alice Street intersections be temporarily closed between 10am to 12pm on Saturday, 8 June 2013 for the Merimbula Jazz Festival street parade and performance.

3.      That the proposed traffic arrangements involving the temporary closure of Merimbula Drive, Market Street and Beach Street, Merimbula for the Merimbula Jazz Festival street parade on Saturday, 8 June 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.

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.

Candelo Village Festival – 13 April 2013

1.      That, subject to conditions, sections of William Street and Panbula Street, Candelo be temporarily closed from 12pm on Saturday, 13 April 2013 to 1am on Sunday, 14 April 2013 for the Candelo Village Festival.

2.      That the proposed traffic arrangements involving the temporary closure of William Street and Panbula Street, Candelo for the Candelo Village Festival on Saturday, 13 April 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. 

7.      That the event achieve all conditions of DA 2008.0012, including parking provisions.

Merimbula 10km Fun Run and 5km Fun Run/Walk – 26 May 2013

1.      That Council support the Merimbula Fun Run and Walk on 26 May 2013, in principle, subject to:

a)      Review of the Traffic Control Plan; and

b)      Verification of Roads and Maritime Services requirements to deactivate the traffic lights at the intersection of Market and Monaro Streets and from the event organiser regarding the proposed times for the deactivation.

2.      That, subject to conditions, sections of the following Council roads be temporarily closed between 8am to 12pm on Sunday, 26 May 2013 for the Merimbula Fun Run, with detours put in place:

a)      One lane of Ocean Drive, Merimbula from Ford Oval to the Fishpen Road intersection;

b)      Fishpen Road, Merimbula between the Ocean Drive and Market Street intersections;

c)       One lane of Market Street, Merimbula between the Fishpen Road and Beach Street intersections;

d)      One lane of Beach Street, Merimbula between the Market Street and Main Street intersections;

e)      One lane of Main Street, Merimbula between the Beach Street and Lake Street intersections;

f)       Full closure of Lake Street, Merimbula between the Main Street intersection and the Merimbula Wharf.

3.      That the proposed traffic arrangements for the Merimbula Fun Run on Sunday, 26 May 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.

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.

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

Against:            Nil

 

11.2

Licence for the Upper Level of the Tathra Wharf - Museum

 

Non Pecuniary Interest

Cr Seckold declared a non-pecuniary interest regarding Item 11.2, on the basis that she is a member of the Tathra Wharf Museum Committee.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register.  Cr Seckold remained in the meeting room and took part in debate and voting.

35/13

RESOLVED on the motion of Crs Allen and Taylor

1.      That Council negotiate with Crown Lands to negate the need for an Expression of Interest process and enter into a suitable licence agreement with the Pig and Whistle Fleet Club Incorporated for the occupation of the upper level of the Tathra Wharf warehouse building.

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

3.      That the Mayor and General Manager be authorised to execute the necessary documentation.

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

Against:            Nil

 

11.3

Tender 7/13 Central Waste Facility Civil Works Package

36/13

RESOLVED on the motion of Crs Britten and McBain

1.      That Council accept the tender from RD Miller Pty Ltd in relation to contract for the works described in Tender 7/13, in the amount of $1,678,050 (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

 

11.4

General Sportsground and Recreation Committee - Project Allocations

 

Non Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.4, on the basis that he is Chairperson of the General Sportsground and Recreation Committee .  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.   Cr Fitzpatrick remained in the meeting room, but took no part in debate or voting on this item.

The Mayor took the chair for this item.

A motion was moved by Crs Britten and Mawhinney

1.      That Council authorise expenditure to a maximum of $42,509 from the General Sportsgrounds and Recreation Fund towards the cost of the following priority projects, conditional on the endorsement of an acceptable project plan by the Council’s Group Manager Infrastructure, Waste and Water.

(a) Pambula Sports Complex complete concrete slab and drainage             $10,000

(b) George Brown Oval bitumen road in lieu of concrete path                         $3,078

(c) George Brown Oval additional water connection costs                               $2,431

(d) Evans Park additional funds for electricity relocation                                $20,000

(e) Bega Netball additional funds for small retaining wall                                 $7,000

2.      That Council note the procedures in relation to preparation, assessment and undertaking of projects considered by the GSRC.

Cr Hughes suggested an amendment that Council note the GSRC has invited an application from the Pambula Sports Complex for $150,000.  The amendment was not accepted

The motion was put to the vote and it was CARRIED

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

DECLARED
DID NOT VOTE:
Cr Fitzpatrick

37/13

RESOLVED on the motion of Crs Britten and Mawhinney

1.      That Council authorise expenditure to a maximum of $42,509 from the General Sportsgrounds and Recreation Fund towards the cost of the following priority projects, conditional on the endorsement of an acceptable project plan by the Council’s Group Manager Infrastructure, Waste and Water.

(a) Pambula Sports Complex complete concrete slab and drainage             $10,000

(b) George Brown Oval bitumen road in lieu of concrete path                         $3,078

(c) George Brown Oval additional water connection costs                               $2,431

(d) Evans Park additional funds for electricity relocation                                $20,000

(e) Bega Netball additional funds for small retaining wall                                 $7,000

2.      That Council note the procedures in relation to preparation, assessment and undertaking of projects considered by the GSRC.

Cr Fitzpatrick resumed the chair.

11.5

Council Maintained Roads: Legal and Practical Access

 

A motion was moved by Crs Hughes and Seckold

1.         That the construction standard for access to Crown allotments and Crown portions be based on the previous construction standards for concessional lot subdivisions set out in Development Control Plan No. 2 - Access via a right of carriageway, right of access or easement for access over private lands would be constructed to a 4.0 metre wide gravel standard, with any construction within a Crown Road Reserve being constructed to a 6.4 metre wide bitumen seal standard. Access via a Crown Road Reserve would require an application under Procedure 4.1.1q with a report to Council to consider approval,

2.         That the standard be included in the requirements of the Comprehensive Development Control Plan 2013.

A motion was foreshadowed by Cr Britten

1.         That the construction standard for access to Crown allotments and Crown portions be based on the previous construction standards for concessional lot subdivisions set out in Development Control Plan No. 2, Clause 10.1 - Access via a right of carriageway, right of access or easement for access over private lands would be constructed to a 4.0 metre wide gravel standard, with any construction within a Crown Road Reserve for five lots or more being constructed to a 6.4 metre wide bitumen seal standard. Access via a Crown Road Reserve would require an application under Procedure 4.1.1q with a report to Council to consider approval.

2.         That the standard be included in the requirements of the Comprehensive Development Control Plan 2013.

A motion was foreshadowed by Cr Fitzpatrick

1.         That for development applications where access is currently by way of a Crown Lease right of way, that Council not apply the condition requiring the applicant to construct a road to Council’s standards, and that ownership of the road/right of way remain with the Crown.

2.         That any development application approval, where access is currently by way of a Crown Lease right of way, states that Council accept no responsibility for the applicant’s access and that it is a matter between the property owner and the Crown.

The motion was put to the vote and it was LOST

In favour:        Crs Taylor, Hughes and Seckold

Against:            Crs Britten, McBain, Tapscott, Mawhinney, Allen and Fitzpatrick

A motion was moved by Crs Britten and McBain

1.         That the construction standard for access to Crown allotments and Crown portions be based on the previous construction standards for concessional lot subdivisions set out in Development Control Plan No. 2, Clause 10.1 - Access via a right of carriageway, right of access or easement for access over private lands would be constructed to a 4.0 metre wide gravel standard, with any construction within a Crown Road Reserve for five lots or more being constructed to a 6.4 metre wide bitumen seal standard. Access via a Crown Road Reserve would require an application under Procedure 4.1.1q with a report to Council to consider approval.

2.         That the standard be included in the requirements of the Comprehensive Development Control Plan 2013.

The motion was put to the vote and it was CARRIED

In favour:        Crs Taylor, Britten, McBain, Hughes and Mawhinney

Against:            Crs Tapscott, Seckold, Allen and Fitzpatrick

38/13

RESOLVED on the motion of Crs Britten and McBain

1.         That the construction standard for access to Crown allotments and Crown portions be based on the previous construction standards for concessional lot subdivisions set out in Development Control Plan No. 2, Clause 10.1 - Access via a right of carriageway, right of access or easement for access over private lands would be constructed to a 4.0 metre wide gravel standard, with any construction within a Crown Road Reserve for five lots or more being constructed to a 6.4 metre wide bitumen seal standard. Access via a Crown Road Reserve would require an application under Procedure 4.1.1q with a report to Council to consider approval.

2.         That the standard be included in the requirements of the Comprehensive Development Control Plan 20132013.

The Mayor took the chair for supplementary items 11.6 and 11.7.

11.6

25-27 Market Street Merimbula - Classification of land at the Mobil Service Station Site be made operational.

39/13

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.         That Council resolve under section 31(2) of the Local Government Act to classify the land at 25-27 Market Street Merimbula as Operational

2.         That the community be advised, via a media release, the reasons why the site cannot be accessed by the public.

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

Against:            Nil

 

11.7

Sapphire Aquatic Centre Facility Management Agreement

 

A motion was moved by Crs Britten and Mawhinney

1.      That Council note the written advice from Sapphire Aquatic Limited (SAL) stating that they will shortly be unable to meet their financial obligations.

2.      Council delegate authority to the General Manager to proceed with the orderly withdrawal of Sapphire Aquatic Limited from the current Facility Management Agreement as at the 30 June 2013.

3.      That Expressions of Interest be called for new Facility Management Agreement.

4.      That Council determined what arrangements to implement in the interim, until a new Facility Management Agreement can be tendered.

5.      That Council receive a report on all swimming pools within the Shire.

A motion was foreshadowed by Cr Fitzpatrick

1.      That Bega Valley Shire Council fund Sapphire Aquatic Limited to the value of current outstanding electricity accounts.

2.      That Bega Valley Shire Council meet future Sapphire Aquatic Centre electricity accounts for the remaining term of the facility management agreement.

3.      That Bega Valley Shire Council prepare tender requirements for the operation of the Sapphire Aquatic Centre and advertise such.

The motion was put to the vote and it was CARRIED

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

Against:           Cr Fitzpatrick

40/13

RESOLVED on the motion of Crs Britten and Mawhinney

1.      That Council note the written advice from Sapphire Aquatic Limited (SAL) stating that they will shortly be unable to meet their financial obligations.

2.      Council delegate authority to the General Manager to proceed with the orderly withdrawal of Sapphire Aquatic Limited from the current Facility Management Agreement as at the 30 June 2013.

3.      That Expressions of Interest be called for new Facility Management Agreement.

4.      That Council determined what arrangements to implement in the interim, until a new Facility Management Agreement can be tendered.

5.      That Council receive a report on all swimming pools within the Shire.

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

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

41/13

RESOLVED on the motion of Crs Britten and Taylor

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

 

12.2

Internal Audit Committee:  Appointment of independent representatives

42/13

RESOLVED on the motion of Crs Allen and Seckold

That the following persons be appointed as independent representatives to the Internal Audit Committee:

·    Mr Terence John Bunn

·    Mr Geoff Michael Steel

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

Against:            Nil

 

12.3

Australian Local Government Association National Congress - Call for Submissions

 

Crs Seckold and  Hughes

43/13

RESOLVED on the motion of Crs Seckold and Hughes

That Council supports the following motions proposed by Councillor Seckold for lodgement with the Australian Local Government Association (ALGA) for inclusion in the Business Papers for the National Congress to be held 6 – 19 June 2013.

Motion No 1:

That the National General Assembly request the Federal Government to introduce legislation banning plastic shopping bags and support State & Local Governments wishing to impose this ban. (principle 2).

Background: This is already implemented in some LGA’s & South Australia. The ban would reduce litter clean up and the potential deaths of sea life that eat plastic bags or become entangled in them.

Motion No 2:

That the National General Assembly call on the Federal Government to consider ongoing capital funding for social housing & land.

Background: Adequate public housing and land acquisition for affordable housing is a priority for Australian Families particularly those of low socio economic status. (principle 1).

Motion No 3:

That the National General Assembly call on the Federal Government to institute a system collating information on type and location of land acquired by foreign ownership especially where there are significant water, mineral or food resources.

Background: Sustaining current and future populations in Australia is paramount.  Australia may well export food to S.E Asia & China in the future.

Local Councils cannot monitor changes in ownership.

This motions is similar to Bega Valley Shire Council’s 2012 motion – Listed as motion number 81 in the National Congress Business Paper) but even more relevant now – (principle 2).

Motion No 4:

That the National General Assembly adopt the principle of optional e-voting for Local Government elections on a trial basis.

Background: With the roll out of NBN, this has potential to reduce costs & attract more voters to participate in Local Government elections.

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

Against:            Nil

3.14 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

44/13

RESOLVED on the motion of Crs Britten and Fitzpatrick

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, Mawhinney, Allen and Fitzpatrick

Against:            Nil

14.       Delegates Reports

Cr Hughes – Biamanga National Park Board of Management

Cr Hughes advised he had attended a joint meeting of the Biamanga and Gullaga National Parks Boards of Management.  A Draft Plan of Management for National Parks is currently on exhibition until 4 April 2013.  Councillor Hughes asked staff to arrange for a link to be placed on Bega Valley Shire Council’s website to the National Park website.

Cr Mawhinney – Mumbulla Foundation    

Cr Mawhinney advised she had attended the Mumbulla Foundation Board meeting. The foundation is making plans for future fundraising and is reviewing its application process.

Cr Taylor - Southern Councils Group (SCG)

Cr Taylor reported that he and Cr Allen had attended SCG quarterly meeting held in Kiama on 8 March 2013.  Minutes of that meeting will be circulated to Councillors when received from SCG.  Cr Taylor noted that the next meeting will be on 3 May 2013 hosted by Bega Valley Shire Council.

15.       Rescission/alteration Motions

There were no rescission/alteration motions.

16.       Notices of Motion

There were no notices of motion.

17.       Urgent Business

There was no urgent business

18.       Questions On Notice

18.1

Merimbula Bypass

 

At the Council meeting of 27 February, 2013 Councillor Fitzpatrick raised a question on notice:

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.

While there will still be a report as mentioned above presented to Councillors prior to 30 June 2013, below is an outline of the current funding model for the Merimbula Bypass and associated works as well as an option to bring this project forward in time.

This memo primarily deals with the financial aspects of the project. If Council were of a mind to bring the project forward, Council will need to seek advice from the Group Manager for Infrastructure on the technical aspects of delivering this project on an amended timeframe.

Current Funding for Merimbula Bypass:

Year

Desc

$

$ Loan Funded

$ Revenue Funded

2014

Main St Service Road

$500,000

$500,000

 

2015

Roundabout

$600,000

$600,000

 

2016

Traffic Lights

$750,000

 

$750,000

2018

Bypass Road

$1,300,000

$1,300,000

 

2019

Carpark Redev

$1,200,000

$1,200,000

 

TOTAL

 

$4,350,000

$3,600,000

$750,000

Each of these items have been fully funded in the LTFP. Note that these estimates are in 2013 dollars. The LTFP accounts for indexation over time.

Potential Funding for Merimbula Bypass:

Councillors could resolve to move renewal and upgrade jobs as scheduled in the LTFP from 2014 & 2015 into the years noted above and move the items listed above into those funded slots. However, this could prove problematic as those works scheduled in 2014 & 2015 will be adversely affected by any shifting of time.

The most financially efficient solution to bringing the bypass forward would be to “swap” funded one-off capital projects with the works identified above.

The LTFP has fully funded provisions in 2014 for $1.5m for the redevelopment of the Merimbula Library Site and $2.02m for the development of the surplus land on the Mobil Site. Should Council resolve to sell these parcels of land, there would also be a realisation of revenue from the sale in addition to the funded provisions listed above.

By “postponing” these redevelopment projects, Council could free up $3.5m towards the Merimbula bypass in 2014. Add the already funded service road of $500,000 and Council would have $4,000,000 that could be allocated in 2014, and the balance of $500,000 could be offset into 2015.

This would result in the redevelopment projects being put back into years 2016-2019.

This approach would not adversely affect any of Councils financial ratio’s or LTFP performance.

An additional means of funding could be to seek financial support from the State and Federal members towards the Merimbula bypass. Any funds received could be used to offset Councils planned expenditure.

Where to from here?

If Council wishes to move forward with resetting the timeframes for the Merimbula bypass, a report should be requested from the Group Manager of Infrastructure on the technical aspects of bringing the project forward.

19.       Questions for the Next Meeting

19.1

Port of Eden redevelopment - Regional Development Funding

 

Cr Russell Fitzpatrick asked a question regarding the development and speculation around Council’s application to the Regional Development Fund for the redevelopment of the Port of Eden, which is causing serious concerns to Eden residents.  In particular concerns regarding the upgrade of Imlay Street to cater for heavy vehicle traffic, up to 65 tonnes (B-Doubles).

Could the General Manager confirm for residents that this will not be the case and that truck movements will be no more than that currently occurring?

The question was taken on notice by the Acting General Manager

 

19.2

Woolworths Bermagui DA 2012.0098 - conflict of interest

 

Cr Keith Hughes asked a question regarding the Woolworths Bermagui development application.  

Could Council consider making a public statement about the community perception that there is a conflict of interest regarding the Hill PDA Report?

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 3.37 pm.

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

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 20 March 2013.