Held on Wednesday, 14 August 2013
at Council Chambers, Bega commencing at 2.00 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 Acting General Manager and Group Manager Community and Relationships, Ms Leanne Barnes Acting Group Manager Infrastructure, Waste and Water, Mr Graeme Williams Group Manager Planning and Environment, Mr Andrew Woodley Minute Secretary, Ms Janelle Curtis |
1. |
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136/13 |
RESOLVED on the motion of Crs Mawhinney and Seckold That the Minutes of the Ordinary Meeting held on 24 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 |
2. |
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There were no apologies. |
3. Declarations
Pecuniary Interest
The Acting General Manager declared a Pecuniary Interest regarding Item 6.2 Mayoral Minute Resignation of the General Manager. A signed declaration form was tabled by Ms Barnes for inclusion in the Register, noting she would be departing the meeting room during debate and voting on the matter
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137/13 |
RESOLVED on the motion of Fitzpatrick and Allen That Standing Orders be suspended to allow the following persons to address Council regarding Notice of Motion No 6.2: Cr Hughes – Gum Trees in Littleton Gardens Ms Judith Geary Ms Jo Dodds Ms Zoe Zanelli |
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Ms Judith Geary addressed the Council. RESOLVED on the motion of Crs Mawhinney and Allen That Ms Geary be allowed an extension of time of two minutes to complete her address. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil Ms Jo Dodds addressed the Council. RESOLVED on the motion of Crs Mawhinney and Tapscott That Ms Dodds be allowed an extension of time of two minutes to complete her address. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil Ms Zoe Zanelli addressed the Council. The Mayor thanked the addressees. |
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138/13 |
RESOLVED on the motion of Crs Hughes and Tapscott That Standing Orders be suspended to allow Notice of Motion 6.2 Cr Hughes: Littleton Garden Gum Trees to be heard at this point in the Agenda. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
16.2 |
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RESOLVED on the motion of Cr Britten and Fitzpatrick that the matter be dealt with as no new items had been raised in the addresses to Council. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil
A motion was moved by Cr Hughes That Council acknowledges that it was a mistake to remove the two central gum trees from Littleton Gardens on August 3 and 4 and apologises to the people of Bega for the loss of amenity and visual and environmental value of the town centre. The motion lapsed for want of a seconder. A motion was moved by Cr McBain and Britten 1. Confirm the need for the removal of trees in Littleton Gardens and regrets the necessary interim inconvenience including the loss of amenity caused to Bega by the removal of the trees. 2. That Council confirms to the community that the remaining eucalypt tree in Littleton Gardens will not be removed until the next Stage of Littleton Gardens redevelopment is adopted and proceeds. The motion was put to the vote and it was CARRIED |
139/13 |
RESOLVED on the motion of Crs McBain and Britten 1. Confirm the need for the removal of trees in Littleton Gardens and regrets the necessary interim inconvenience including the loss of amenity caused to Bega by the removal of the trees. 2. That Council confirms to the community that the remaining eucalypt tree in Littleton Gardens will not be removed until the next Stage of Littleton Gardens redevelopment is adopted and proceeds. In favour: Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Cr Hughes |
A list of names was tabled by Cr Hughes regarding a petition on the removal of trees in Littleton Gardens containing 280 signatures. Cr Hughes advised that delivery of the petition was blocked by Council’s email server. The petition detail was:
“Consider alternatives to removal of Littleton Gum Trees. These trees are a magnificent asset to our town. They provide shade and habitat. They are the heart and soul of the town, rising above the buildings, looking out to Mumbulla Mountain. Most of the eucalypts are NOT limb-dropping varieties or in poor condition. Visitors will by-pass Bega without a welcoming shady park in the centre of town which will be bad for local businesses. Please find alternative actions to removing them.”
6.1 |
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140/13 |
RESOLVED on the motion of Crs Taylor and Fitzpatrick That an Extraordinary meeting be held on 4 September 2013 for the purpose of: · Election of Mayor 2013/2014 · Election of Deputy Mayor 2013/2014 · Meeting Date Schedule 2013/2014 · Council Meeting Agenda - Order of Business · Councillor Portfolios, Agenda and Reporting Theme Areas · Committee and Panel - Delegates and Representatives · Delegations · Pecuniary Interest Returns and Declarations · Gift Register · Councillor Development Program In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
Pecuniary Interest
The Acting General Manager declared a Pecuniary Interest regarding Item 6.2 Mayoral Minute Resignation of the General Manager. A signed declaration form was tabled by Ms Barnes for inclusion in the Register, noting she would be departing the meeting room during debate and voting on the matter
2.36 pm The Acting General Manager departed the meeting room. Mr Andrew Woodley acted as the General Manager while Ms Barnes was absent from the meeting room.
6.2 |
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141/13 |
RESOLVED on the motion of Crs Taylor and Fitzpatrick 1. That Council formally recognise the contribution of Mr Peter Tegart as General Manager from 3 August 2008 to 6 September 2013. 2. That Council note that Ms Leanne Barnes continuing in the position of Acting General Manager until the commencement of a permanent appointment to this role by Council. 3. That the adopted organisational structure implementation be held over until a suitable induction and review process by the incoming General Manager. 4. That the Council’s adopted workforce strategy as it relates to the trainee and cadet program continue as planned. 5. That Council staff commence the advertising process for suitably qualified individuals/companies to undertake the recruitment process for the appointment of a new General Manager, and further report to Council. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
2.45 pm Ms Leanne Barnes returned to the meeting room.
7. |
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142/13 |
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 |
2.46 pm The Ordinary meeting adjourned and formed in the committee.
There were no Planning and Environment (Sustainability) Reports.
There were no Community and Relationships (Liveability) Reports.
9.1 |
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143/13 |
RESOLVED on the motion of Crs Fitzpatrick and Britten That Council donate $15,000 (inc GST) to Merimbula Chamber of Commerce for their 2013/14 New Year’s Eve Event. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
There were no Economic (Enterprising) reports.
In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the chair for this section of the agenda.
11.1 |
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144/13 |
RESOLVED on the motion of Crs Britten and McBain 1. That Council accept the tender from Grant Dowdle Building Pty Ltd for the works described in Tender RFT 27/13 Design and Construct Bega SES Headquarters, in the amount of $188,000 (including GST). 2. That authority is delegated to the Acting General Manger 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 |
11.2 |
Engagement of NSW Public Works for Tendering and Construction Management of Effluent Disinfection Systems at Tura and Eden Sewage Treatment Plants |
145/13 |
RESOLVED on the motion of Crs Britten and Allen 1. That Council accept the proposal from NSW Public Works for the tendering, construction, commissioning and post construction completion management for the provision of chlorination facilities and associated works at the Eden and Tura Beach Sewage Treatment Plant, for the fee of $378,868 excluding GST. 2. That authority is delegated to the Acting General Manager to execute all necessary documentation. 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 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 |
146/13 |
RESOLVED on the motion of Crs Allen and Tapscott 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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2.50 pm The Ordinary Meeting was reconvened.
13. |
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147/13 |
RESOLVED on the motion of Crs Mawhinney 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 advised she attended the SERAS board meeting on Monday 12 August, 2013 at Moruya. The Executive Director of SERAS, Mr Gary Lane will be addressing Council in August or September. He will be outlining new and exciting directions, many delivered locally.
Cr Seckold advised that South East Arts will be holding is meeting in Bega (Council Chambers) on 29 August 2013. Mr John Blay will be present and will address on the Bundian Way at 10.30 am.
Cr Tapscott asked could minutes of the Access Committee and General Cemetery Committee, for which she is the Councillor delegate, be circulated to Councillors or tabled at the Council meeting following those meetings, to allow Councillors and the community access to information regarding those meetings.
The Acting General Manager advised that minutes of Councils Section 355 Committee meetings are published on the website but it could be arranged that those minutes be circulated to Councillors.
There were no rescission or alteration motions.
16.1 |
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148/13 |
RESOLVED on the motion of Crs Allen and Fitzpatrick That the existing Cobargo toilets remain in place and are refurbished and upgraded to include a disabled facility, and that $80,000 be allocated from Councils Asset Reserve to complete the works, unless a report is received recommending the contrary. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten Against: Nil |
17. Urgent Business
There was no urgent business.
18.1 Sapphire Coast Vintage Car Club, Greigs Flat: Cr Fitzpatrick
At the Council Meeting of 24 July 2013 Cr Russell Fitzpatrick asked a question regarding the Sapphire Coast Vintage Car Club, Greigs Flat.
The Group Manager Planning & Environment has advised Councillors that a development application (DA) has recently been received from the Car Club. The DA was lodged prior to the commencement of the new Bega Valley Local Environmental Plan 2013 and so can be considered under LEP 2002. The DA is under assessment by staff.
19. Questions for the Next Meeting
The Mayor reminded Councillors that Councillors may direct questions regarding operational matters to staff and that they do not always need to be raised as Questions for the Next Meeting or Questions on Notice at Council Meetings.
20. Confidential Business
There was no confidential business.
Closure
There being no further business, the Chairperson closed the meeting at 3.09 pm.
CONFIRMED ........................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 14 August 2013.