Held on Wednesday, 24 July 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 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 Tamara Whiting |
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1. |
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1/13 |
RESOLVED on the motion of Crs Mawhinney and Seckold That the Minutes of the Ordinary Meeting held on 3 July 2013 as circulated, be taken as read and confirmed. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
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2. |
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2/13 |
RESOLVED on the motion of Crs McBain and Tapscott That the request for leave of absence by Cr Britten from 13 September to 18 October 2013 be approved and confirmed. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
3. Declarations
Pecuniary Interest
Cr Britten declared a pecuniary interest regarding Item 8.5, 4 Lot subdivision Lot 881 DP 1148672 Lakewood Drive Merimbula on the basis that he is the owner. A signed declaration form was tabled by Cr Britten for inclusion in the Register.
Cr Britten will depart the meeting room taking no part in debate or voting on the item.
Cr Fitzpatrick declared a non-pecuniary interest regarding item11.2 LGP Bus 198-1410 Supply and Delivery of Two Twin Steer Water Trucks on the basis that he is a business Associate of the Tenderer. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick will depart the meeting room taking no part in debate or voting on the item.
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4.1 |
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3/13 |
RESOLVED on the motion of Crs Fitzpatrick and Seckold That Standing Orders be suspended to allow the following persons to address Council and to respond to questions from Councillors: Regarding Planning and Environment Report No. 8.1 Request for nomination of the Hotel Australasia, 142-144 Imlay Street, Eden as a Heritage Item: · Mr Peter Whiter · Mr Allan Gibson Regarding Planning and Environment Report No. 8.3 Clay Target Shooting Range – Lot 101 DP1172182, Murrah River Road, via Bermagui – Proposed Modification of Condition 4: · Ms Moira Scollay and Sheena Boughen on behalf of Four Winds · Mr Neville Brady as the applicant RESOLVED on the motion of Cr Mawhinney and Seckold That Ms Moira Scollay be granted an extension of two minutes to complete her address. RESOLVED on the motion of Cr Seckold and Britten That Mr Neville Brady be granted an extension of two minutes to complete his address.
The Mayor thanked the speakers for their address. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
There were no petitions.
There were no Mayoral Minutes.
The Group Manager Planning and Environment advised that item 8.5, 4 Lot Subdivision Lot 881 DP 1148672 Lakewood Drive Merimbula be deferred due to the request of the applicant.
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7. |
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4/13 |
RESOLVED on the motion of Crs Britten and Mawhinney 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 |
2:33 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 |
Request for nomination of the Hotel Australasia,142-144 Imlay Street, Eden as a Heritage Item |
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RESOLVED on the motion of Cr Allen and Seckold That while noting the deputations, the matter of nomination of Hotel Australasia as a Heritage Item be determined at this meeting. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil A motion was moved by Cr Tapscott & Fitzpatrick 1. That the Hotel Australasia located at 142-144 Imlay Street Eden not be included in Schedule 5 of the Comprehensive Local Environmental Plan 2013 as a heritage item. 2. That those persons who requested nomination of the Hotel Australasia as a heritage item be advised of Council’s decision. 3. That Council negotiate with the developer to incorporate the recommendations of the heritage advisor in the design of the proposed redevelopment.
A Foreshadowed motion was moved by Cr Hughes
1. That Council commence the process of including Hotel Australasia in Schedule 5 of the CLEP as a heritage item. 2. That Council negotiate with the developer to incorporate the recommendations of the heritage advisor in the design of the proposed redevelopment.
The motion was put to the vote and was CARRIED
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5/13 |
RESOLVED on the motion of Crs Tapscott and Fitzpatrick 1. That the Hotel Australasia located at 142-144 Imlay Street Eden not be included in Schedule 5 of the Comprehensive Local Environmental Plan 2013 as a heritage item. 2. That those persons who requested nomination of the Hotel Australasia as a heritage item be advised of Council’s decision. 3. That Council negotiate with the developer to incorporate the recommendations of the heritage advisor in the design of the proposed redevelopment.
In favour: Crs McBain, Tapscott, Mawhinney, Allen, Fitzpatrick and Britten Against: Crs Taylor, Hughes and Seckold
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8.2 |
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6/13 |
RESOLVED on the motion of Crs Allen and Mawhinney 1. That the draft swimming pool barrier inspection program be placed on exhibition for a period of 28 days. 2. That following the exhibition period the program be adopted by Council, unless submissions are received that require a further report. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
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8.3 |
Clay Target Shooting Range - Lot 101 DP1172182, Murrah River Road, via Bermagui - Proposed modification to Condition 4 |
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RESOLVED on the motion of Crs Fitzpatrick and Allen That while noting the deputations, the matter of Clay Target Shooting Range – Proposed modifications to Condition 4 the matter be determined at this meeting. In favour: Crs Taylor, McBain, Tapscott, Mawhinney, Allen, Fitzpatrick and Britten Against: Crs Hughes and Seckold A motion was moved by Cr Allen and Fitzpatrick 1. That this report be considered concurrently with the report of the General Manager on the same matter. 2. That the Section 96 Application to Modify Development Consent 1999.1438 being for a Clay Target Shooting Range at Lot 101 DP 1172182 Murrah River Road, via Bermagui, be approved in accordance with the attached draft modified consent with an amendment to Condition 12 to include field assessment at the site of Four Winds. 3. That those persons who made a submission be advised of Council’s decision. In favour: Crs McBain, Allen, Fitzpatrick and Britten Against: Crs Taylor, Hughes, Tapscott, Seckold and Mawhinney The motion was put to the vote and LOST An amendment was moved by Cr Tapscott and Hughes 1. That this report be considered concurrently with the report of the General Manager on the same matter. 2. That the Section 96 Application to Modify Development Consent 1999.1438 being for a Clay Target Shooting Range at Lot 101 DP 1172182 Murrah River Road, via Bermagui, be approved in accordance with the attached draft modified consent with an amendment to Condition 12 to include field assessment at the site of Four Winds; and that condition 4 be amended so that the training days be restricted to 6 days per year. 3. That those persons who made a submission be advised of Council’s decision. In favour: Crs Hughes and Tapscott Against: Crs Taylor, McBain, Seckold, Mawhinney, Allen, Fitzpatrick and Britten The motion was put to the vote and LOST A Foreshadowed motion was moved by Cr Hughes and Taylor 1. That Council refuse the application to modify development consent 1999.1438 for the reasons identified in the attachment of item 8.4. 2. That those persons who made submissions be advised of Councils decision. In favour: Crs Taylor, Hughes, Tapscott, Seckold and Mawhinney Against: Crs McBain, Allen, Fitzpatrick and Britten The motion was put to the vote and CARRIED
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7/13 |
RESOLVED on the motion of Crs Hughes and Taylor 1. That Council refuse the application to modify development consent 1999.1438 for the reasons identified in the attachment of item 8.4. 2. That those persons who made submissions be advised of Councils decision. In favour: Crs Taylor, Hughes, Tapscott, Seckold and Mawhinney Against: Crs McBain, Allen, Fitzpatrick and Britten
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8.4 |
Clay Target Shooting Range - Lot 101 DP1172182, Murrah River Road, via Bermagui - Proposed Modification of Condition 4 |
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Council dealt with this matter in item 8.3
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Cr Britten declared a pecuniary interest regarding Item 8.5, 4 Lot subdivision Lot 881 DP 1148672 Lakewood Drive Merimbula on the basis that he is the owner. A signed declaration form was tabled by Cr Britten for inclusion in the Register.
Cr Britten departed the meeting room and took no part in debate or voting on the item
02:34 pm Cr Britten left the meeting.
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8.5 |
4 Lot subdivision Lot 881 DP 1148672 Lakewood Drive Merimbula |
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8/13
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RESOLVED on the motion of Crs Fitzpatrick and Allen That the matter be deferred due to the request of the applicant. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Absent: Cr Britten |
02:35 pm Cr Britten returned to the meeting.
Cr Britten resumed the Chair.
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8.6 |
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9/13 |
RESOLVED on the motion of Crs Allen and Tapscott 1. That Council note the report and approve the agreed course of action to rectify the encroachment and provide public road access, to be undertaken by the landowners at no cost to Council. 2. That Council consents to the closure of the public road within Lot 1851 in DP 879871 and agrees to waive any claim for compensation that may be available to Council. 3. That the Mayor and/or the General Manager be authorised to execute the necessary documents as may be required. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
In accordance with Council’s Code of Meeting Practice, Councillor Seckold assumed the chair for this section of the agenda.
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9.1 |
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10/13 |
RESOLVED on the motion of Crs Fitzpatrick and Allen That the below applicants be appointed to the Youth Council for 2013/14. · Siobhan Linehan · Grace Newton · Blake Horcicka · Garry Prothero · Sarah Halin · Caitlin O’Bryan · Taz Fitzer · Niamh Nicol · Karen Wright · Imogen Pittolo In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
In accordance with Council’s Code of Meeting Practice, Councillor McBain assumed the chair for this section of the agenda.
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 |
RFT 13/13 Supply and Delivery of One CCF Class 25/30 Landfill Compactor |
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11/13 |
RESOLVED on the motion of Crs Allen and Britten 1. That Council accept the tender from GMC Enviro Pty Ltd in relation to the purchase of one CCF Class 25/30 landfill compactor as described in Tender 13/13, in the amount of $629,200 (including GST). 2. That authority be delegated to the General Manager to execute all necessary documentation. 3. That other tenderers be advised of Council’s decision. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
Cr Fitzpatrick declared a non-pecuniary interest regarding item11.2 LGP Bus 198-1410 Supply and Delivery of Two Twin Steer Water Trucks on the basis that he is a business associate of the Tenderer. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick departed the meeting room taking no part in debate or voting on the item. The Mayor assumed the Chair in Cr Fitzpatrick’s absence.
03:33 pm Cr Fitzpatrick left the meeting.
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11.2 |
LGP BUS198-0410 Supply and Delivery of Two Twin Steer Water Trucks |
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12/13 |
RESOLVED on the motion of Crs Allen and Britten 1. That Council approve the purchase of two DAF CF85HR water trucks from Gippsland Truck Centre for a combined value of $591,503 (including GST). 2. That Council approve the sale of Council’s existing Mitsubishi water trucks, plant number 3408 and 3409 via Government Fleet Auctions. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Britten Against: Nil Absent: Cr Fitzpatrick |
03:34 pm Cr Fitzpatrick returned to the meeting.
Cr Taylor declared a late non-pecuniary interest regarding item 11.3 Bega Valley Local Traffic Committee Meeting 3 July 2013 on the basis that his grandchildren attend the Mumbulla School.
Cr Taylor remained in the meeting room taking no part in debate or voting on the item.
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11.3 |
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13/13 |
RESOLVED on the motion of Crs Britten and Mawhinney That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 3 July 2013 and approve the following: 2013 Truck and Car Convoy for Kids – 26 October 2013 1. That the proposed traffic arrangements for the 2013 Truck and Car Convoy for Kids on Saturday, 26 October 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. 2. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 3. That organisers fully implement an approved Special Event Transport Management Plan. 4. 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. 5. That organisers have written Police approval prior to conducting the event. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil Extension of Mumbulla School Bus Zone RESOLVED on the motion of Cr Britten and Allen 6. That the Bus Zone outside Mumbulla School in Bega Street, Bega be extended a further 14 metres to the west. In favour: Crs McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil ABSENT: Cr Taylor |
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11.4 |
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14/13 |
RESOLVED on the motion of Crs Britten and Mawhinney 1. That Council adopt a proposal to remove the gum trees in Littleton Gardens identified in the report and replace with more appropriate park species and that these works be carried out as appropriate to each tree. 2. That tree 7 and 9 from the attached plan be removed immediately due to safety and risk concerns. In favour: Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Cr Hughes
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11.5 |
Acquisition of Fitness Centre Assets for Sapphire Aquatic Centre |
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15/13 |
RESOLVED on the motion of Crs Britten and Mawhinney 1. That the General Manager be delegated authority to negotiate the acquisition of fitness assets up to the value contained in the confidential attachment, and be authorised to execute appropriate documents related to that acquisition. 2. That a report be prepared on the potential operation, risk and returns associated with an certified unsupervised hours fitness centre at SAC. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil
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3:49 pm The meeting was adjourned for a short recess reconvening at 3:57 pm
In accordance with Council’s Code of Meeting Practice, Councillor Mawhinney assumed the chair for this section of the agenda.
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12.1 |
Certificate of Investments made under Section 625 of the Local Government Act 1993 |
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16/13 |
RESOLVED on the motion of Crs Britten and Allen 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
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12.2 |
Southern Councils Group Code of Conduct Review Panel Tenders |
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17/13 |
RESOLVED on the motion of Crs Taylor and Allen That Council ratify the appointment of the Southern Councils Group Panel of Conduct Reviewers from which Reviewers and Panel may be sourced for the administration of conduct complaints in accord with Council’s adopted Code of Conduct: · Daintry Associates P/L · LKA Group P/L · Richard Colley · Esther McKay · Anthony Iain Johnson · NSW Internal Audit Bureau (IAB) · Peter Zdjelar Consultant · O’Connell Workplace Relations P/L · Strategic Risk Solutions · Prevention Partners NSW · SINC Solutions P/L · Cripps Consulting · Lloyd Wilson Graham Planning Consultancy In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil
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12.3 |
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18/13 |
RESOLVED on the motion of Crs Fitzpatrick and Britten 1. That Council accept the tender provided from RSM Bird Cameron for the provision of audit services for six years beginning on 1 July 2013 and ending on 30 June 2019 in accordance with the base price of $44,000 including GST for the first year indexed by CPI in the following years. 2. That a clause be entered into the contract for Audit services that stipulates that if the State Government change the legislation governing the provision of Audit services to NSW Councils, the contract be reviewed and if required, cancelled. 3. That authority be delegated to the General Manager to execute all necessary documentation. 4. That unsuccessful tenderers be advised of Council’s decision. In favour: Crs Taylor, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Crs McBain and Hughes |
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12.4 |
Local Government NSW Annual Conference 1-3 October 2013: Selection of Bega Valley Shire Council Voting Delegates |
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19/13 |
RESOLVED on the motion of Crs Britten and Allen That the Mayor, Cr Taylor, Deputy Mayor, Cr Fitzpatrick and Cr Mawhinney be authorised to vote as delegates on behalf of Bega Valley Shire Council at the 2013 Local Government NSW Conference. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
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12.5 |
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20/13 |
RESOLVED on the motion of Crs Britten and Mawhinney 1. That Council note the report on Organisation Structure and Resourcing Review 2. That council adopt the Organisation Structure in principle and implement the proposals contained in this report. 3. That council receive and consider a quarterly report on the implementation as part of an ongoing monitoring process. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
4.15 pm The Ordinary Meeting was reconvened.
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13. |
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21/13 |
RESOLVED on the motion of Crs Allen and Seckold 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 |
Cr Seckold – Commended the work of volunteers in the Regional Gallery and the fabulous exhibition they currently have displayed. Cr Seckold recently participated in a tour of Jigamy Farm organised by the Regional Gallery and was very impressed with the facilities and suggested that others take the time to have a look. She also attended the NADOC celebrations at the Bega Showground Pavilion.
Cr Seckold thanked Crs Allan, Taylor and Tapscott for attending the Suicide Prevention Awareness Network (SPAN) event. SPAN have launched a new police pack with information to be utilised by police , an updated crisis and community information card was also launched and Cr Seckold tabled a copy for Councillors information.
Cr Seckold and Cr Allen attended the Montreal Gold fields and enjoyed a Short Film about where they started from and where they are today. She suggested it would be great if at some stage that film could be shown here at Council and commented that most of the acting was done by volunteers.
Cr Taylor – Attended Southern Councils Group (SCG) last Friday, discussions were held regarding the Constitutional Recognition for a ‘yes’ case and adopted priorities of SCG to present to candidates as 2013 Federal election priorities.
Cr Taylor attended a seminar in Nowra last week which turned out to be a meet the candidate function. Cr Taylor met the Liberal, Labor and Greens candidates for the seat of Gilmore, Speaker of the house for NSW Parliament Shelly Hancock MP was also present and discussions were held regarding the “yes” and “no” vote for the referendum.
There were no rescission motions.
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16.1 |
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22/13 |
RESOLVED on the motion of Crs Tapscott and Allen That council offer the Wyndham Men’s Shed Incorporated a licence to occupy the Wyndham Rural Fire Service Shed. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
17. Urgent Business
There was no urgent business.
Cr Tony Allen asked if staff could advise when the refurbishment of the existing Cobargo toilets will be undertaken. The question was taken on notice by the Group Manager Infrastructure Waste and Water and answered via memo to Councillors, as below.
Response
In recent years there have been a number of Council resolutions with regard to the Cobargo public toilets as follows:
26 July 2011 (extract)
Sale of surplus land – 50 Princes Highway, Cobargo
1. That Council sell proposed Lot 21 (arising from the subdivision of Lot 2 DP 1072294) Princes Highway, Cobargo to Mr Andrew Haydon on the following terms:-
$30,000 trade off for new public toilets (comprising 2 x female WC’s, 1 x male WC and 1 x male urinal and 1 x disabled facility with compliance to relevant access standards and subject to Council’s design requirements) to be constructed on the site as part of the development.
4. That should the sale proceed and the development be constructed, a Deed of Agreement between Council and Mr Haydon be negotiated to address cleaning and maintenance responsibilities for the public toilet facility.
31 October 2012
Cobargo Public Toilets
That Council provide funds for the refurbishment of Cobargo town toilets from the asset reserve.
27 February 2013 (extract)
Asset Rationalisation - Toilets
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.
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Toilet Name |
Date for Rationalisation |
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Princes Highway, Cobargo |
Deferred for further report |
22 May 2013
Question on Notice
Cr Allen requested a report to provide an update on the refurbishment of Cobargo Toilets and the status of the McCarthy House site in relation to provision of toilets.
The question was addressed by the General Manager who advised contracts for the McCarthy House site were scheduled for exchange this week, but will arrange a report as requested
While Council officers prepared a preliminary sketch and estimate (approx. $80,000) for refurbishment of the existing Cobargo toilets, no further action has been taken pending a further report to Council. See Council resolution of the 27 February 2013. Note also that Council resolutions may result in two public toilets on the same side of the Highway and within 100 metres of each other, which would be inconsistent with directions of the asset management plan and the rationalisation of public amenities.
19. Questions for the Next Meeting
20. Confidential Business
There was no confidential business.
21. Adoption of reports from Closed Session
There were no reports from the 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 4:30 pm.
CONFIRMED ........................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 24 July 2013.