Ordinary Meeting Minutes

Held on Wednesday, 12 June 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

General Manager, Mr Peter Tegart

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Acting Group Manager Community and Relationships, Mr Simon Schweitzer

Minute Secretary Ms Simone Bayley

 

1.

Confirmation of Minutes

85/13

RESOLVED on the motion of Crs Mawhinney and Britten

That the Minutes of the Ordinary Meeting held on 22 May 2013 as circulated, be taken as read and confirmed, with an amendment to item 8.2 to read:

That the Section 96 modification to modify Condition 3 of Development Consent No. 2009.0004 being for an Educational Establishment and Reception Centre at Lot 2 DP 1083308, 187-189 Newtown Road Bega be approved subject to the following:

1. Condition 3 be modified to read –

“3.   a) The hours of operation are to be:

Monday to Friday        7.00 am – 6.00pm
                                    plus 6pm – 12 midnight (one week day only)
Saturday                     8.00am – 12.00 midnight
Sunday                       No trading

            Subject to:

·   The noise control measures recommended in the Noise Impact Assessment Report for Thornleigh on Newtown, Newtown Road, Bega prepared by Benbow Environmental Report No. 121051-Rep-Final-Ver 2 February 2013 being implemented, including –

·   The existing on-site car parking area shall be closed from 6.00pm onwards other than for the use of the disabled parking space.

·   Patrons accessing and exiting the building from the front

·   Upgrading of the window glazing

·   PA system not being used between 6.00pm and 7.00am.

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

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

Against:            Nil

 

2.

Apologies

 

There were no apologies

3.         Declarations

Pecuniary Interest

Cr Britten declared a pecuniary interest regarding Item 11.2, Water Supply and Sewerage Development Servicing Plans, on the basis that Cr Britten had provided a submission on the Development Servicing Plans to Council. A signed declaration form was tabled by Cr Britten for inclusion in the Register, noting that Cr Britten would depart the meeting room, taking no part in debate or voting on this item.

Non Pecuniary Interest

Cr Tapscott declared a non-pecuniary interest regarding Item 5.1, Response to Petition Eden Cove Estate, on the basis that Cr Tapscott is the owner of land at Eden Cove.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register, noting that Cr Tapscott would depart the meeting room, taking no part in debate or voting on this item.

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.4, Pambula Sports Complex Proposed Squash Courts, on the basis that Cr Fitzpatrick is the Chairman of the Pambula Sports Complex Council Committee.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting that Cr Fitzpatrick would remain in the meeting room and take part in debate and voting.

4.         Deputations (by prior arrangement)

There were no deputations.

5.         Petitions

5.1

Response to Petition Eden Cove Estate

 

Non Pecuniary Interest

Cr Tapscott declared a non-pecuniary interest regarding Item 5.1, Response to Petition Eden Cove Estate, on the basis that Cr Tapscott is the owner of land at Eden Cove.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register. 

Cr Tapscott departed the meeting room, taking no part in debate or voting on this item.

02:05 pm    Cr Tapscott left the meeting.

86/13

RESOLVED on the motion of Crs Fitzpatrick and Britten

1.         That the report on Eden Cove and progress of negotiations regarding water servicing and storage be noted.

2.         That Councils Independent Audit Committee investigate the release of bonds relating to works required at Government Road and provide a report to Council if any further action or investigation of the release is required.

3.         That the General Manager report to Council as to when works on Government Road could be completed and how they will be funded in Council’s Long Term Financial Plan.

4.         That Council progress discussions with Eden Cove Developments Pty Ltd to submit acceptable infrastructure servicing plans that will complete public works associated with the stages released to date, as well as to adequately cater for public works in future stages.

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

Against:            Nil

Absent:             Cr Tapscott

02:14 pm    Cr Tapscott returned to the meeting.

6.         Mayoral Minutes

There were no Mayoral Minutes for this meeting

7.

Adjournment into Standing Committees

87/13

RESOLVED on the motion of Crs Mawhinney and Britten

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

2 15pm       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

Request for Formal Resolution not to proceed with Planning Proposal - Rezoning and Classification of land off Camilla Court, Mirador to provide emergency access

88/13

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.       That Council resolve not to proceed with the Planning Proposal to rezone and reclassify 1033m2 of part Lot 1042 DP 833411 Camilla Court, Mirador.

2.       Further the Department of Planning and Infrastructure be advised of the Council resolution.

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

Against:            Nil

 

8.2

White Paper - A New Planning System for NSW

89/13

RESOLVED on the motion of Crs Seckold and Mawhinney

That the report on the White Paper for “A New Planning System for NSW” be noted and that Council make a submission to the Department of Planning and Infrastructure incorporating the issues identified in this report.

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

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

Funding request Montreal Goldfields

90/13

RESOLVED on the motion of Crs Fitzpatrick and Britten

That Council provide $22,000 from the 2013/14 Crown Lands allocation to provide a toilet facility and solar power at the Montreal Goldfield Heritage Centre.

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

Against:            Nil

 

9.2

Police Community Youth Club (PCYC)

91/13

RESOLVED on the motion of Crs Allen and Mawhinney

1.         That Council confirm ongoing, in principle support, for the Bega Youth Space and the Far South Coast PCYC project.

2.         That Council resolve in principle to enter into a ten year crown licence for the Bega Youth Space, with no option, with Police Community Youth Club (PCYC) for the statutory annual minimum rental with an increase by CPI annually.

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

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

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

Against:            Nil

10.       Staff Reports – Economic (Enterprising)

There were no Staff Reports – Economic (Enterprising)

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

Expression of Interest 18/13 Rural Fire Station Formal Handover

92/13

RESOLVED on the motion of Crs Allen and Seckold

1.      That Council allocate the Rural Fire Service Sheds, in accordance with the EOI evaluation panel’s assessment:

Bemboka

Social Justice Advocates of the Sapphire Coast

Quaama

Quaama Men’s Shed

Tathra

Tathra Surf Lifesaving Club and Bega Valley Shire Council

Towamba

Towamba Progress Association and Towamba Halls and Sportsground Committee

Brogo

Yuin Folk Club

Burragate

Social Justice Advocates of the Sapphire Coast

2.      That the allocation of Kiah and Wyndham sheds be deferred for further investigation and report

3.      That the General Manager be authorised to negotiate short term leases where appropriate

4.      That unsuccessful applicants be advised of Council’s decision.

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

Against:            Nil

 

11.2

Water Supply and Sewerage Development Servicing Plans

 

Pecuniary Interest

Cr Britten declared a pecuniary interest regarding Item 11.2, Water Supply and Sewerage Development Servicing Plans, on the basis that Cr Britten had provided a submission on the Development Servicing Plans to Council. A signed declaration form was tabled by Cr Britten for inclusion in the Register. 

Cr Britten departed the meeting room, taking no part in debate or voting on this item.

02:27 pm    Cr Britten left the meeting.

93/13

RESOLVED on the motion of Crs Allen and Mawhinney

1.         That Council adopt the draft Water Supply and Sewerage Development Servicing Plans as exhibited from 11 April 2013 to 24 May 2013, with minor amendment to alter the wording of section 5.7.2 to reflect a revised DA Condition of Consent.

2.         That Council include the adopted developer charges in the 2013/14 Fees and Charges schedule.

3.         That it be noted the financial plan upon which the Development Servicing Plans (DSP) are based, is identical to those contained in the Strategic Business Plans.

4.         That it be noted those Plans removes the requirement for DSP charges to apply to community infrastructure and facilities constructed on community or crown land, and amends the policy on the application of DSP charges to undeveloped lots existing before 2006, to allow the full allocation of rates paid in respect of those lots, to be offset against the relevant DSP charge.

5.         That the Development Servicing Plan documents be forwarded to the NSW Office of Water for concurrence, in accordance with NSW Government Guidelines.

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

Against:            Cr Hughes

Absent:             Cr Britten

02:34 pm    Cr Britten returned to the meeting.

11.3

Proposed Purchase of Marquees for Community Use

94/13

RESOLVED on the motion of Crs Allen and Seckold

That Council not purchase event marquees for community use, as this is outside Council normal operational area and is best left to hire companies with the specialised skill, knowledge and equipment range to undertake this work.

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

Against:            Nil

 

11.4

Pambula Sports Complex - Proposed Squash Courts

 

Non Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.4, Pambula Sports Complex Proposed Squash Courts, on the basis that Cr Fitzpatrick is the Chairman of the Pambula Sports Complex Council Committee.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register. 

Cr Fitzpatrick remained in the meeting room and took part in debate or voting.

Cr Fitzpatrick vacated the chair due to his declared non pecuniary interest for item 11.4. Cr Taylor assumed as the chair for this item.

95/13

RESOLVED on the motion of Crs Allen and McBain

1.       That Council commit the 2014 and 2015 budget allocations of $100,000 each year to the Pambula Sports Complex Management Committee to be assigned to the squash court/multipurpose facility, being three courts with moveable walls and disabled facilities.

2.       That Council allocate $20000 from asset reserves to assist the construction of the proposed squash courts/multipurpose facility with final construction quotes and any overruns being reported to Council before commencement.

3.       Council provide the project management oversight of the development.

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

Against:            Nil

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

96/13

RESOLVED on the motion of Crs Allen and Seckold

1.      That Council receive and note the attached report indicating Council’s Investment position.

2.      That Council note the Certificate of the Responsible Accounting Officer.

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

Against:            Nil

 

12.2

Loan Borrowing Program

97/13

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.       That Council accept the offer of the provision of the loan totalling $4,000,000 from National Australia Bank as outlined in the memo to Council dated 12th June 2013 provided that it remains the lowest rate at the time of acceptance of the loan, at an indicative annual interest rate of 5.0% repayable by half yearly instalments of principal and interest in arrears over 10 years, and that Council authorise the Mayor and General Manager to execute all relevant documentation.

2.       Should the National Australia Bank’s offer not remain the lowest at the time of acceptance of the loan, that Council accept the offer of the provision of the loan totalling $4,000,000 from whichever of the financial institutions is the lowest at that point, repayable by half yearly instalments of principal and interest in arrears, and that Council authorise the Mayor and General Manager to execute all relevant documentation.

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

Against:            Nil

 

12.3

Australian Local Government Association (ALGA) National General Assembly

98/13

RESOLVED on the motion of Crs Seckold and Tapscott

1.       That Council endorse the attendance of Cr Britten at the Australian Local Government Association (ALGA) National Congress to be held 6 – 19 June 2013 in addition to Crs Taylor, Allen, Seckold and the General Manager.

2.       That Council defray the necessary travel and accommodation costs.

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

Against:            Nil

 

12.4

Draft Communications Strategy

99/13

RESOLVED on the motion of Crs McBain and Seckold

1.       That the Bega Valley Shire Council Communications Strategy be exhibited for comment.

2.       That Council consider the proposed expenditures to implement the strategy in the Budget at the meeting to be held 26 June 2013.

3.       That Council consider calling for expression of interest from qualified/competent graphic designers to assist with the organisational redesign of documents.

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

Against:            Nil

 

12.5

Ongoing Operation of the Sapphire Aquatic Centre

100/13

RESOLVED on the motion of Crs Britten and McBain

1.         That Council continue the operation and management of the Sapphire Aquatic Centre as an internal function of Council operated and managed by Council staff for a period of two years.

2.         That Council staff develop an operating model for the management, by staff, of the Eden and Bemboka facilities as an internal function of Council for a period of two years

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

Against:            Nil

 

12.6

Late Item Southern Councils Group Minutes of 17 May 2013

101/13

RESOLVED on the motion of Crs Britten and McBain

1.         That Council note the resolutions fo the Southern Councils Group Board Meeting held on 17 May 2013.

2.         That Council note its contributions to Southern Councils Group is $24,798 for Council’s 2013/14 budget.

2.55 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

102/13

RESOLVED on the motion of Crs Mawhinney and Britten

That all motions recorded in the Standing Committees, including votes for and against, in be adopted in and by the Ordinary Council Meeting with exception of items 5.1 and 11.2.

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

Against:            Nil

3.00 pm      Cr Tapscott left the meeting.

13.1

Adoption of reports from Standing Committees

103/13

RESOLVED on the motion of Crs Britten and Seckold

That the motions recorded in the Standing Committee, including votes for and against, in relation to item 5.1 be adopted in and by the Ordinary Council Meeting.

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

ABSENT:             Cr Tapscott

3.01 pm      Cr Tapscott returned to the meeting.

3.01 am      Cr Britten left the meeting.

13.2

Adoption of reports from Standing Committees

104/13

RESOLVED on the motion of Crs Mawhinney and Tapscott

That the motion recorded in the Standing Committee, including votes for and against, in relation to item 11.2 be adopted in and by the Ordinary Council Meeting.

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

Against:            Nil

Absent:             Cr Britten

3.02 pm      Cr Britten returned to the meeting.

14.       Delegates Reports

Cr Tapscott reported on the Access Committee, advising Council of the committee’s recent discussions and priorities. Their aim to be part of the solution not the cause of a problem. The Committee wish to do this by being involved from the very start of projects particularly Community and Council projects. Cr Tapscott reported on a number of projects that are in the pipeline which are designed to inform the general public of the needs and capability of those involved in ensuring all facilities within the Bega Valley Shire are accessible to all demographics of the Shire.

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

Edrom and Imlay Road

 

Question No. 19.2 - Cr Hughes asked at the Council meeting 1 May 2013 a question regarding Edrom and Imlay Road. Has there been any change in the status of the Edrom and Imlay Road and are there any changes in funding arrangements for this road?

The question was answered via memorandum to Councillors from the Group Manager Infrastructure Waste and Water . In summary:

Council has not received formal advice from the State Government. However, we understand from discussions with Member for Bega, Andrew Constance that Edrom and Imlay Road will be transferred from NSW Forestry to Roads and Maritime Services. Subsent to that advice, Road and Maratime Services has indicated it will take some time to survey the road route and transfer as a public road.

 

18.2

Rating value of NSW Forestry Corporation land

 

Question No. 19.2 - Cr Hughes asked at the Council meeting 10 April 2013 a question regarding the rating value of NSW Forestry Corporation land. Cr Hughes asked if a report be prepared on the potential loss of rate income through the non-rateability of the Forestry Corporation and this impacted on the availability of funding for councils collector roads.

The question was answered via memorandum to Councillors from the Finance Manager. In summary:
In order to provide a more accurate value to the potential rate income that would be produced if NSW Forestry Corporation were rateable, we referenced land that had been granted an active logging permit.

The land area of the permitted logging sites were then valued against the average land value of those localities farmland properties.

On that basis, the total high level income estimate that may be generated if NSW Forestry Corporation were rateable, is in the order of $6.38m per annum.

19.       Questions for the Next Meeting

19.1

Rating value of NSW Forestry Corporation land

 

Question No 18.2- Cr Hughes asked further question regarding the payment of rates by New South Wales Forestry Corporation.

Cr Hughes asked what rating income would be generated if all of the NSW Forestry land was rateable.

The question was taken on notice by the Finance Manager.

 

19.2

Purchase of Passenger and Light Commercial Vehicles

 

Report No 11.3 - Cr McBain asked a further question from the report from the last Council meeting of 22 May 2013, on passenger and light commercial vehicle purchases.

Cr McBain requested the details of the cost savings per vehicle.

The Group Manager Infrastructure Waste and Water responded that the information needed to remain confidential as it was part of a tender, however it will be provided to Councillors via confidential memorandum.

20.       Confidential Business

At 3.05 pm Council adjourned into Closed Session

 

Adjournment Into Closed Session

105/13

RESOLVED on the motion of Crs Britten and Mawhinney

That Council resolve to adjourn into Closed Session to discuss the following confidential items:

20.1       Merimbula Lands - Redevelopment option

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

20.2       NBN Facility Wanatta Lane

Reason for Confidentiality

         This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

Pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

The correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

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

Against:            Nil

At 3.47 pm, Council resumed into Open Session

21.       Adoption of reports from Closed Session

21.1

Merimbula Lands - Redevelopment option

106/13

RESOLVED on the motion of Crs Hughes and Mawhinney

1.      That the General Manager be authorised to take such actions as resolved in closed          session.

2.      That the report to Council be made available at the July Council meeting after          settlement.

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

Against:            Cr Allen

 

21.2

Question on Notice NBN Facility Wanatta Lane

107/13

RESOLVED on the motion of Crs Allen and Mawhinney

That the NBN contract be released to the public after settlement of the property.

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

Against:  Nil

22.       Resolutions to declassify reports considered in closed session

22.1

22.2 Question on Notice NBN Facility Wanatta Lane

108/13

RESOLVED on the motion of Crs Allen and Mawhinney

That the NBN contract be released to the public after settlement of the property.

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

Against:            Nil

Closure

There being no further business, the Chairperson closed the meeting at 3:56 pm.

 

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

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 12 June 2013.