Ordinary Meeting Minutes

Held on Wednesday, 14 August 2013

at Council Chambers, Bega commencing at 2.00 pm

 


Present

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

In Attendance

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

Acting Group Manager Infrastructure, Waste and Water, Mr Graeme Williams

Group Manager Planning and Environment, Mr Andrew Woodley

Minute Secretary, Ms Janelle Curtis

 

1.

Confirmation of Minutes

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.

Apologies

 

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

4.         Deputations (by prior arrangement)

 

Suspension of Standing Orders

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

 

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.

 

 

Suspension of Standing Orders

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

Littleton Garden Gum Trees

 

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

5.         Petitions

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.         Mayoral Minutes

 

6.1

Extraordinary Meeting of Council - September 2013

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

Resignation of the General Manager

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.

Adjournment into Standing Committees

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.

8.         Staff Reports – Planning and Environment (Sustainability)

There were no Planning and Environment (Sustainability) Reports.

9.         Staff Reports – Community and Relationships (Liveability)

There were no Community and Relationships (Liveability) Reports.

9.1

New Years Eve 2013 - celebrations and fireworks Merimbula

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

10.       Staff Reports – Economic (Enterprising)

There were no Economic (Enterprising) reports.

11.       Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the chair for this section of the agenda.

11.1

Tender RFT 27/13 Design and Construct Bega SES Headquarters

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

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

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

 

2.50 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

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

14.       Delegates Reports

Cr Seckold:  South East Region Academy of Sport (SERAS)

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:  South East Arts

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 – Access and Cemetery Committees

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.

15.       Rescission/alteration Motions

There were no rescission or alteration motions.

16.       Notices of Motion

 

16.1

Cobargo Toilets

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.       Questions On Notice

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

19.1

Bermagui Preschool - land

 

Cr Tony Allen asked could a report be provided to Councillors on the status of negotiations taking place between the Bermagui Preschool, Council and owners of land adjacent to the preschool in regard to a possible land acquisition from NSW Police.?

The question was taken on notice by the Acting General Manager.

 

19.2

Main Street Merimbula - Old Mobil Site

 

Cr Sharon Tapscott asked could a copy of the report that advised that the site was not suitable for people to traverse and required the area to be fenced off for public safety, be provided to Councillors.

The question was taken on notice by the Acting Group Manager Infrastructure Waste and Water.

 

19.3

Merimbula Airport - Management Model

 

Cr Sharon Tapscott asked could Council begin the process of looking at a model of management for the Merimbula Airport, and that the model include involving and including stakeholders?

The question was taken on notice by the Acting General Manager.

 

19.4

Removal of Gum Trees - Bega Council Administration Office, Zingel Place

 

Cr Keith Hughes asked could Councillors be advised on the process for public consultation regarding the need for removal of any trees located in front of the Councils Bega Administration Office, that will be required as part of the work on the Bega Town Hall?

The question was taken on notice by the Acting Group Manager Infrastructure Waste and Water.

 

19.5

Security Filtering of emails to Council

 

Cr Keith Hughes asked a question regarding the petition to Council that was blocked by Council’s email security filter.  What can council do to ensure genuine attempts by the community to provide information to Councillors are not blocked?

The Finance Manager advised that in relation to the petition, this was submitted as a form letter sent multiple times and was viewed as spam by the software provided by the company engaged to assist with Council’s internet security.  Council’s IT department has been asked to look at a method of retaining or accessing any information that has not passed Council’s firewall.

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.