Held on Wednesday, 10 April 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 Acting Group Manager Infrastructure, Waste and Water, Mr Jim Collins Group Manager Planning and Environment, Mr Andrew Woodley Community and Relationships, Ms Leanne Barnes Minute Secretary |
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1. |
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43/13 |
RESOLVED on the motion of Crs Britten and Mawhinney That the Minutes of the Ordinary Meeting held on 20 March 2013 as circulated, be taken as read and confirmed. |
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3. Declarations
There were no declarations of interest
Cr Mawhinney tabled a petition from the Burragate community with 90 signatures regarding the sealing, as a matter of priority, of Burragate Road from Wyndham through to Towamba.
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44/13 |
RESOLVED on the motion of Cr Taylor 1. That Council approve the delegation to Nanyang, Henan Province, China for the purpose of developing a friendship and promoting Tourism, Business and Education in our region 2. That Council endorse the letter of cooperation between Bega Valley and Nanyang City, and endorse Cr Britten as head of the delegation. 3. That Council acknowledge the support and assistance provided by Mr Michael Guo of AITA in coordinating the delegation and associated business meetings and Mr Guo be recognised as an “Honorary Friend” of the Bega Valley. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
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7. |
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45/13 |
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, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
3.08 pm The Ordinary meeting adjourned and formed in the committee.
In accordance with Council’s Code of Meeting Practice, Councillor Britten assumed the chair for this section of the agenda.
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8.1 |
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In accordance with Council’s Code of Meeting Practice, following advice by the Group Manager Planning and Environment, that as the matter had been subject to previous reports and addresses to Council and as no new matters had been raised in the addresses today, the Chairperson ruled the matter be heard. A motion was moved by Cr Fitzpatrick and Cr Tapscott 1. That Development Application 2012.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), car parking, 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 with the following changes: Condition 11 to read: "11. Prior to the issue of a Construction Certificate by the Principal Certifying Authority, a detailed colour and building materials schedule shall be submitted to and approved by Council. The schedule shall include: a) External building finishes (including glazing treatments) b) A colour palette (including colour samples) "The development shall be finished in accordance with the approved schedule, prior to occupation. "The plans and schedule shall include details of the following additional design elements; i) Spacing of the timber columns on the Montague Street façade shall be provided at 4 metre centres. ii) The Montague Street, Young Street and Laneway facades shall be modified to incorporate metal ship lap profile cladding (in addition to the timber cladding indicated on the Approved Development Plans)." Condition 18 to read: "18. The Canary Island Palms (Phoenix canariensis) shall be assessed by a suitably qualified arborist and those suitable for transplanting shall be transplanted into the landscaped areas onsite." Condition 25 to read: "25. A designated accessible pedestrian path shall be provided wholly within the site from the Montague Street frontage (at the Unnamed Laneway intersection) running parallel to the laneway and connecting to the main entrance of the supermarket. Pedestrian desire lines shall also be clearly defined within the car park. Details shall be submitted for approval by Council prior to the issue of a Construction Certificate by the PCA. "(Reason: to ensure safe and convenient pedestrian access to and within the site)." Condition 26 to read: "26. The Woolworths pylon sign (Sign 7 & 8, on Christiansen O’Brien Pty Ltd, Plan A02 Rev P6) is not approved and shall be deleted as indicated in red on the Approved Development Plan. "(Reason: to minimise adverse visual impacts from adjacent residential properties in Young Street)." 2. That those persons who made a submission be advised of Council's decision.
A motion was foreshadowed by Cr Mawhinney 1. That Development Application 2011.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), car parking, landscaping and associated advertising signage at Lots 11-15 Section 8 DP 758095, Montague Street, Bermagui be refused for the following reasons: a) The proposed development would be contrary to Clause 65(1)(vi) of the Bega Valley Local Environmental Plan 2002 as it would not be consistent with the streetscape character of the locality nor contribute to the seaside amenity and atmosphere of the Bermagui township. b) The proposed development is contrary to Clause 65(1)(a)(ix) and 79(f) of the Bega Valley Local Environmental Plan 2002 as the development does not achieve an appropriate and acceptable standard of energy efficiency in accordance with the principles of Ecologically Sustainable Development (ESD). c) The proposed development is contrary to Clause 30(2)(a) of the Bega Valley Local Environmental Plan 2002 as the development fails to achieve a high standard of commercial development. d) For the purpose of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 (as amended), the proposed development would result in unacceptable impacts on the built environment in terms of view sharing. e) Approval of the proposed development would not be in the public interest, for the purpose of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 (as amended), as; i) The development fails to provide safe and convenient pedestrian linkages within, to and from the site. ii) The development fails to provide reasonable trading and delivery hours to minimise adverse impacts on surrounding development. 2. That those persons who made submissions be advised of Council’s decision. The motion was put to the vote and it was CARRIED In favour: Crs Taylor, Tapscott, Allen, Fitzpatrick and Britten Against: Crs McBain, Hughes, Seckold and Mawhinney
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46/13 |
RESOLVED on the motion of Crs Fitzpatrick and Tapscott 1. That Development Application 2012.98 for the construction of a supermarket and two specialty retail tenancies (including liquor store), car parking, 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 with the following changes: Condition 11 to read: "11. Prior to the issue of a Construction Certificate by the Principal Certifying Authority, a detailed colour and building materials schedule shall be submitted to and approved by Council. The schedule shall include: a) External building finishes (including glazing treatments) b) A colour palette (including colour samples) "The development shall be finished in accordance with the approved schedule, prior to occupation. "The plans and schedule shall include details of the following additional design elements; i) Spacing of the timber columns on the Montague Street façade shall be provided at 4 metre centres. ii) The Montague Street, Young Street and Laneway facades shall be modified to incorporate metal ship lap profile cladding (in addition to the timber cladding indicated on the Approved Development Plans)." Condition 18 to read: "18. The Canary Island Palms (Phoenix canariensis) shall be assessed by a suitably qualified arborist and those suitable for transplanting shall be transplanted into the landscaped areas onsite." Condition 25 to read: "25. A designated accessible pedestrian path shall be provided wholly within the site from the Montague Street frontage (at the Unnamed Laneway intersection) running parallel to the laneway and connecting to the main entrance of the supermarket. Pedestrian desire lines shall also be clearly defined within the car park. Details shall be submitted for approval by Council prior to the issue of a Construction Certificate by the PCA. "(Reason: to ensure safe and convenient pedestrian access to and within the site)." Condition 26 to read: "26. The Woolworths pylon sign (Sign 7 & 8, on Christiansen O’Brien Pty Ltd, Plan A02 Rev P6) is not approved and shall be deleted as indicated in red on the Approved Development Plan. "(Reason: to minimise adverse visual impacts from adjacent residential properties in Young Street)." 2. That those persons who made a submission be advised of Council's decision. |
There were no Community and Relationships (Liveability) 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 |
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In accordance with Council’s Code of Meeting Practice, following advice from the General Manager that no matters had been raised in the address to Council that would inhibit lodging of the RDAF4 application, the Chairperson ruled that the matter be heard. |
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47/13 |
RESOLVED on the motion of Crs Britten and Allen 1. That the report on Eden Port Infrastructure Project be noted. 2. That Council lodge the RDAF4 application for public funding of breakwater wharf extensions, wave attenuator and boardwalk, noting the support of the NSW government to provide financial, project and asset management assistance. 3. That Council note the expenditure on studies, report and plans in preparation of the RDAF application, and assign the tourism infrastructure vote and crown lands vote to supporting funds and maintenance of infrastructure should the application be successful. 4. That Eden community groups and stakeholders be thanked for their assistance in preparing the RDAF submission. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
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10.2 |
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A motion was moved Cr Taylor That this item be deferred to the Closed Session for discussion, under Section 10A(2) of the Local Government Act 1993 in relation to confidential business, on the basis that the reports concerns:- (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege, The motion lapsed for want of a seconder. |
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48/13 |
RESOLVED on the motion of Crs Britten and Taylor 1. That Council note the report and legal advice on Sapphire Aquatic Centre management transition. 2. That Council gives Sapphire Aquatic Limited 14 days notice to withdraw from the Facility Management Agreement under clause 18b of the facility management agreement between Sapphire Aquatic Limited and Bega Valley Shire Council,. 3. That as a consequence, Council establish a Management Committee of Council to manage and operate the Sapphire Aquatic Centre through to the end of September 2013. That Council invite and appoint, upon consent, the present members of Sapphire Aquatic Limited to the Council Committee. 4. That Council appoint a Senior Staff member to chair the Committee of Council appointed to manage the Sapphire Aquatic Centre. 5. That Council authorise the expenditure of funds and transfer of appropriate staff on temporary or casual contract, to operate Sapphire Aquatic Centre until 30 June 2013, with appropriate adjustments made to the quarterly financial review. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Britten Against: Cr Fitzpatrick |
In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the chair for this section of the agenda.
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11.1 |
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49/13 |
RESOLVED on the motion of Crs Seckold and Allen 1. That Council endorse the draft Policy Statement/Procedure. 2. That Council re-assess the issuing of waste disposal vouchers in conjunction with the future review of the Waste Management Strategy. 3. That the procedure is made available to the public via Council’s policies and procedures page on the BVSC website. In favour: Crs McBain, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Crs Taylor and Hughes |
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11.2 |
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50/13 |
RESOLVED on the motion of Crs Allen and McBain 1. That Council note the 2012/2013 beach control service report. 2. That Council invite tenders for lifeguard services, including possible provision of Automated External Defibrillators (AEDs) at all controlled locations, for a three year period commencing in the 2013/2014 summer season. 3. That a separable component for tenders invite submission for an extension of the length of the lifeguard service In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
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11.3 |
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A motion was moved by Cr Britten and Cr Seckold 1. The two tender packages be awarded simultaneously to enable the works to be carried out concurrently as planned. 2. That Council accept the tender from RD Miller Pty Ltd in relation to contract for the works described in Tender 5/13 Littleton Gardens Stage 1B Civil Works, in the amount of $400,172 (including GST), subject to variations and provisional sums. 3. That Council accept the tender from Core Electrical and Communications Pty Ltd in relation to contract for the works described in Tender 6/13 Littleton Gardens Stage 1B Electrical Works, in the amount of $232,315 (including GST), subject to variations and provisional sums. 4. That authority be delegated to the General Manager to execute all necessary documentation. 5. That unsuccessful tenderers be advised of Council’s decision. 6. That construction of Stage 1B not commit Council to Stages 2 and 3, and that Stages 2 and 3 be referred back to Council for further review with the Bega Traffic Study commissioned by Council. A motion was foreshadowed by Cr Tapscott that the matter be deferred to allow for a workshop to Councillors regarding future stages for Littleton Gardens redevelopment and to prepare development of a detailed plan of those stages for exhibition. The motion was put to the vote and it was CARRIED In favour: Crs Taylor, Hughes, Seckold, Mawhinney and Britten Against: Crs McBain, Tapscott, Allen and Fitzpatrick |
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51/13 |
RESOLVED on the motion of Crs Britten and Seckold 1. The two tender packages be awarded simultaneously to enable the works to be carried out concurrently as planned. 2. That Council accept the tender from RD Miller Pty Ltd in relation to contract for the works described in Tender 5/13 Littleton Gardens Stage 1B Civil Works, in the amount of $400,172 (including GST), subject to variations and provisional sums. 3. That Council accept the tender from Core Electrical and Communications Pty Ltd in relation to contract for the works described in Tender 6/13 Littleton Gardens Stage 1B Electrical Works, in the amount of $232,315 (including GST), subject to variations and provisional sums. 4. That authority be delegated to the General Manager to execute all necessary documentation. 5. That unsuccessful tenderers be advised of Council’s decision. 6. That construction of Stage 1B not commit Council to Stages 2 and 3 and that Stages 2 and 3 be referred back to Council for further review with the Bega Traffic Study commissioned by Council. |
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11.4 |
Tender 60/12 Supply and Installation of Synthetic Grass Tennis Court Surfacing |
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52/13 |
RESOLVED on the motion of Crs Allen and Britten 1. That Council accept the tender from Sports Technology International Ltd in relation to contract for works described in Tender 60/12 for the supply and installation of synthetic grass tennis court surfacing, in the amount of $146,960 (including GST), subject to variations and provisional sums. 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, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
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11.5 |
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53/13 |
RESOLVED on the motion of Crs Allen and Britten That Council place the draft Water Supply and Sewerage Development Servicing Plan documents on public exhibition for 30 working days, in accordance with NSW Office of Water Guidelines. In favour: Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Cr Hughes |
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11.6 |
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This item was dealt with as Urgent Business |
In accordance with Council’s Code of Meeting Practice, Councillor Mahwhinney assumed the chair for this section of the agenda.
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12.1 |
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A motion was moved by Cr Britten and Allen 1. That Council provided $15,000 to the 2013 Eden Whale Festival rom the 2013/14 Budget. 2. That a further report be provided to Council regarding the possibility of purchasing a marquee for use by groups in lieu of donations including coordination with the Bega Valley Festivals Group. An amendment was proposed by Cr Hughes and Cr Tapscott that $18,000 be provided to the 2013 Eden Whale Festival. The amendment was put to the vote and it was LOST In favour: Crs McBain, Hughes, Tapscott and Mawhinney Against: Crs Taylor, Seckold, Allen, Fitzpatrick and Britten The motion was put to the vote and it was CARRIED In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
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54/13 |
RESOLVED on the motion of Crs Britten and Allen 1. That Council provided $15,000 to the 2013 Eden Whale Festival rom the 2013/14 Budget. 2. That a further report be provided to Council regarding the possibility of purchasing a marquee for use by groups in lieu of donations including coordination with the Bega Valley Festivals Group. |
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12.2 |
Southern Councils Group Annual General Meeting and Business Meeting 8 March 2013 |
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55/13 |
RESOLVED on the motion of Crs Britten and Hughes 1. That Council note the resolutions of the Southern Councils Group meetings held on 8 March, 2013. 2. That Council reaffirm its support for the Statement of Intent – Regional Response to Climate Change. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
4.42 pm The Ordinary Meeting was reconvened.
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13. |
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56/13 |
RESOLVED on the motion of Crs Britten and McBain 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, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
4.43 pm The Chairperson called a brief adjournment, reconvening at 4.54 pm
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14.2 |
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Strong Actions New Directions (SAND) was the chosen theme for the 2013 NSW Australian Local Government Women’s Association (ALGWA) Conference 14 – 16 March. Councillors Seckold and Mawhinney welcomed the opportunity to participate in, and network with one hundred women at this sixtieth annual event held at Ettalong in the Gosford City Council. Aunty Anita Selwyn welcomed attendees and Julie Griffiths (the retiring ALGWA President) read a letter of encouragement from the Prime Minister Julia Gillard and outlined the history of ALGWA lamenting the fact that among boards, executives and politicians only 27% have female representatives. This has not changed in the last 20 years! Leonie Baldwin from the Central Coast and former Regional Co-ordinator NSW Department of Premier and Cabinet gave the opening address urging delegates to be prepared to take calculated risks, use their initiative, appreciate a person for his\her skills rather than his\her character, ask questions, use networks, share information with council staff, do the necessary research and homework thoroughly, know your own skills and respect yourself to make ethical and honest decisions. Kath Roach Managing Director of Sinc Solutions conducted the plenary session giving sound advice on improving what we do: · Commitment is important “If you want a successful business you cannot have life balance.” · When confronting issues “put out the fires before they start” · The art of good communication is to “get to the point”. Don’t grand stand EMAZON was an energised young woman, a motivational speaker from STAND YOUR GROUND putting your ideas into action; · To make good decisions the brain needs to be in alpha mode – calm · Far too often in our busy lives, adrenalin is pumped through the system in small doses. When adrenaline is continually pumped through the system this disturbs brain waves which means making decisions is difficult · Physical calming activities assist with decision making and were demonstrated Michelle Landy demonstrated that confidence or portraying yourself as confident (even though you may not be) can be an invisible success secret; · Practice is important · Managing your thoughts “Of course I’m scared” · Attempting new things regularly helps. Leadership in Action - Gosford City Council has 1200 employees. Their Aspiring Managers Program (grow your own leaders) targets succession planning. We heard personal stories from 10 employees from Planning and Development who gave accounts of mentoring experience and acting managers and studying for Advanced Diploma in Management. Dealing with minority groups Two Case studies were presented by Gosford Council senior staff on how to identify and harness minority groups (the young, disabled, indigenous, elderly) enthusiasm, expertise and often unique talents within a community. Rob Noble and Veronica Lunn spoke on building, improving and maintaining meaningful relationships. Delegates were asked to select the personality type most like themselves. Each ‘type’ was discussed and analysed. This was based on the works of Daniels and Price The Essential Enneagram. Thought provoking! Emotional Intelligence by Colleen Worthy Jennings naturally evolved from this and the discussion centered on the importance of self-awareness, management of emotions and awareness of other’s emotions. Maximising Your Relationship With The Media was conducted by journalist Jayne-Maree Sedgman. Her tips were to use plain English, not jargon and acronymns. Any photos, film clips or print are helpful as is recognising news value and what makes headlines. Key notes; · impact · timeliness · conflict · prominence · human interest · proximity · novelty · currency On the 16th March our MC and stand-up comedian Dana Maray began the proceedings with a workshop on Public Speaking and made the following observations; · be yourself, be natural · use conversational mode · find your unique voice \ style · speak as you would normally speak · be ‘real’, let the audience in · practise out loud · strip it back to essentials · know who you are speaking to and why · be aware of reasons for your speech – inform, entertain, inspire, enact, change, persuade · structure o good opening grab the audience attention (quote, joke, something topical) o link ideas and themes o signpost (tell, elaborate, retell) o logical and memorable conclusion o use humour (this builds rapport) o dull? dry? not what but how o use personal stories and anecdotes o act out stories o put yourself in the audience place, what would you like them to take away, to remember? This was followed by the Value of Having a Mentor by Melanie Wass. Participants were asked to reflect upon the influence of a significant other in their lives and what they could contribute as mentors. Inspirational messages were delivered by Manager Pam McCann, General Manager Vanessa Chan and Mayor of Lismore Jenny Dowell. The ALGWA’s Annual General Meeting wound up the formal proceeding. Retiring President Julie Griffiths spoke about the importance of encouraging gender balance at Local Government level and handed over the Presidency to Colleen Fuller and Secretary Bev Spearpoint. Discussion of the Special Resolution was held to discuss changes and amendments to the ALGWA NSW Constitution as well as the importance of the recognition of Local Government in the Australian Constitution. Delegates were thanked for their attendance and their self-belief in standing for, and being elected to Local Government. They were reminded by a ninety year old member that she was proud to be an “old has-been rather than a never was-er.” Councillor Seckold noted that there were many new Councillors in attendance. |
There were no rescission or alteration motions.
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16.1 |
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A motion was moved by Cr Fitzpatrick and Allen 1. That the General Manager negotiate with Hewatt Earthworks Pty Ltd regarding the cost of construction of an additional 200 m runway to the north while they are undertaking renewal works under RFT 57/12. 2. That a report be presented to Council in conjunction with the Airport Masterplan, outlining the funding and the process to obtain optimal commercial benefit and technical compliance for the runway. A motion was foreshadowed by Cr Hughes That Council reaffirm its decision not to extend the Merimbula Airport runway. The motion was put to the vote and it was LOST. In favour: Crs McBain, Seckold, Allen and Fitzpatrick Against: Crs Taylor, Hughes, Tapscott, Mawhinney and Britten Cr Hughes retracted his foreshadowed motion. |
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16.2 |
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57/13 |
RESOLVED on the motion of Crs Fitzpatrick and Allen That a report be prepared regarding the strategic, legal, financial and logistic effects of bringing forward the Merimbula Bypass works into the 2014-15 financial year, including impact on other projects and the Long Term Financial Plan. In favour: Crs Taylor, McBain, Tapscott, Seckold, Allen, Fitzpatrick and Britten Against: Crs Hughes and Mawhinney |
17. Urgent Business
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17.1 |
Traffic Committee Approval Anzac Day (Infrastructure Waste and Water (Accessibility) supplementary report number 11.6) |
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58/13 |
RESOLVED on the motion of Crs Allen and McBain 1 That Council consider Item ‘Traffic Committee Approval Anzac Day’ as urgent business to enable the Cobargo event to proceed on 25 April 2013 2 That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 6 March 2013 and approve the following: Anzac Day March and Service - Cobargo i That the proposed traffic arrangements for the Cobargo RSL Sub Branch Anzac Day March on 25 April 2013 be approved and deemed a Class 1 special event. ii That sections of Council road at Cobargo Bermagui Road and Tarlinton Street in Cobargo be temporarily closed on Thursday, 25 April 2013 for the Cobargo RSL Sub Branch Anzac Day March, in accordance with Traffic Control Plan 3827. iii That the temporary closure of the Princes Highway, Cobargo is a matter solely for Roads and Maritime Services. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
20. Confidential Business
There was no confidential business.
21. Adoption of reports from Closed Session
There were no reports to adopt from Closed Session.
22. Resolutions to declassify reports considered in closed session
There were no reports to declassify.
Closure
There being no further business, the Chairperson closed the meeting at 5.28 pm.
CONFIRMED ........................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 10 April 2013.