Held on Wednesday, 25 September 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, Ms Leanne Barnes 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 Business and Technology Manager, Mr Lucas Scarpin Workforce and Administration, Manager, Ms Nina Churchward Minute Secretary, Ms Janelle Curtis |
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1. |
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177/13 |
RESOLVED on the motion of Crs Seckold and Mawhinney That the Minutes of the Ordinary Meeting held on 4 September 2013 and the Extraordinary Meeting held on 4 September 2013 as circulated, be taken as read and confirmed. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten
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2. |
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178/13 |
RESOLVED on the motion of Crs Mawhinney and Tapscott That an apology from Cr Britten be accepted for his inability to attend the meeting. That the leave of absence from 13 September 2013 to 18 October 2013 requested by Cr Britten be accepted. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
3. Declarations
Pecuniary Interest
Cr McBain declared a pecuniary interest regarding Item 11.2 Tender for Central Waste Facility Office/Amenities Building, on the basis that she is a shareholder of a company that provided a quote to a tenderer. A signed declaration form was tabled by Cr McBain for inclusion in the Register noting she would depart the meeting room, taking no part in debate or voting on this item.
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179/13 |
RESOLVED on the motion of Crs Seckold and Fitzpatrick That Standing Orders be suspended to allow the following persons to address Council regarding Sustainability (Planning and Environment) Report No 8. 3 Hotel Australasia - Response from Proponent · Mr Rodney Thompson, Director, on behalf of Core Retail Management & Development Pty Ltd In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten Mr Thompson addressed Council and responded to questions from Councillors. The Mayor thanked him for his address |
There were no petitions
There were no Mayoral minutes.
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7. |
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180/13 |
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. |
2.05 pm The Ordinary meeting adjourned and formed in the committee.
In accordance with Council’s Code of Meeting Practice, the Mayor Cr Taylor, in the absence of Cr Britten, assumed the chair for this section of the agenda.
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8.1 |
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181/13 |
RESOLVED on the motion of Crs Fitzpatrick and Mawhinney 1. That Council agree to the introduction of the voluntary NSW Food Authority’s “Scores on Doors” Food Safety scheme within the Bega Valley Shire. 2. That Council staff prepare an evaluation report to Council following the 12 month period of the scheme’s introduction. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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8.2 |
Bundian Way co-naming request for culturally significant places. |
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182/13 |
RESOLVED on the motion of Crs Hughes and Seckold 1. That Council supports the co-naming of the following places and features along the Bundian Way: · Fisheries Bay / East Boyd - Bilgalera · Fisheries Beach - Bilgalera Beach · Fisheries Lagoon - Bilgalera Lagoon · Fisheries Flat - Bilgalera Flat · Fisheries Creek - Bilgalera Creek · Mount Imlay - Balawan · (Upper) Imlay Creek - Balawan Creek · Southern reach of Twofold Bay - Turamullerer · Boydtown Lagoon - Beermuna · Boydtown Creek – Beermuna Creek · Boydtown Lagoon foreshores to Whale Spit - Beermuna 2. That Council advises the Bundian Way Management Advisory Committee of its decision. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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8.3 |
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The Group Manager Planning and Environment advised that no new matters were raised in the address. The Chairperson ruled that the matter be heard. |
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183/13 |
RESOLVED on the motion of Crs Tapscott and Fitzpatrick 1. That for any development application for the redevelopment of the Hotel Australasia site incorporating the appropriate retention and restoration of the 1904/05 section of the building in the design, Council would consider a reduction in carparking requirements in recognition of the additional development costs associated with the retention and restoration. 2. This resolution of Council must not be construed as support for any development application for the redevelopment of the Hotel site. 3 That Council advise Great Southern Developments Pty Ltd of this resolution. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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8.4 |
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184/13 |
RESOLVED on the motion of Crs Mawhinney and Tapscott 1. That tender RFT 26/13 be cancelled in accordance with Clause 178 (3)(a) of the Local Government (General) Regulation 2005. 2. That the tenders received be advised of Council’s decision. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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 |
Proposed attendance at the Public Libraries NSW annual Conference |
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185/13 |
RESOLVED on the motion of Crs Tapscott and Mawhinney That Cr Allen, as delegate for Public Libraries NSW, attend the 2013 Public Libraries NSW Conference and AGM in Sydney from Sunday 24th to Tuesday 26th November, 2013, and that the necessary expenses be defrayed by the Council in keeping with its policy. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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9.2 |
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186/13 |
RESOLVED on the motion of Crs Tapscott and Mawhinney 1. That Council adopt the proposed uses as outlined in the report: Tavern Upper Level · Branch Library, office space, work room, community meeting room · Covered outdoor community space · Café/Reception space · BVSC Community Service Programs · Community meeting room Tavern Lower Level · Large multi-use community meeting spaces/community exhibition space · Community offices for use or allocation to community groups · Community work room Residence · Sapphire Coast Tourism and South East Arts (downstairs) · Meeting Room (downstairs) · ICT Business incubator and office spaces (upstairs) 2. That a final design and costing be reported to Council for adoption 3. That where necessary, appropriate development approvals be obtained for the uses of the property adopted by Council. 4. That the remaining fixtures and fittings be dealt with as outlined in the report 5. That Council give consideration to a new name for the facility. In favour: Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney and Allen Against: Crs McBain and Fitzpatrick Absent: Cr Britten |
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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A motion was moved by Crs Allen and Fitzpatrick That the Council not support he proposed funding amendment presented by SCT Ltd for the one off funding of $100,000 for destination marketing. A motion was foreshadowed by Cr Taylor That Council support the proposed funding amendment presented by SCT Ltd for the one off funding of $100,000 for destination marketing. The motion was put to the vote and it was LOST In favour: Crs Allen and Fitzpatrick Against: Crs Taylor, McBain, Hughes, Tapscott, Seckold and Mawhinney Absent: Cr Britten |
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187/13 |
RESOLVED on the motion of Crs Taylor and Mawhinney That Council support the proposed funding amendment presented by SCT Ltd for the one off funding of $100,000 for destination marketing. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold and Mawhinney Against: Crs Allen and Fitzpatrick Absent: Cr Britten |
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 |
Bega Valley Local Traffic Committee Meeting 4 September 2013 |
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188/13 |
RESOLVED on the motion of Crs Allen and Tapscott That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 4 September 2013 and approve the following: Eden Christmas Promotion – 12 December 2013 1. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.30pm to 9pm on Thursday, 12 December 2013 for the Eden Christmas Promotion. 2. That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Christmas Promotion on Thursday, 12 December 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. 3. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 4. That organisers fully implement an approved Special Event Transport Management Plan. 5. 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. 6. That organisers have written Police approval prior to conducting the event. 7. That the event achieves all conditions of Council’s issued Land Use approval. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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11.2 |
Tender 40/13 Central Waste Facility Office/Amenities Building |
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Cr McBain declared a pecuniary interest regarding Item 11.2 Tender for Central Waste Facility Office/Amenities Building on the basis that she is a shareholder of a company that provided a quote to a tenderer. A signed declaration form was tabled by Cr McBain for inclusion in the Register. 02:34 pm Cr McBain left the meeting. |
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189/13 |
RESOLVED on the motion of Crs Allen and Seckold 1. That Council accept the tender from GJ & C Clarke Building in relation to contract for the works described in Tender 40/13, in the amount of $131,818 (excluding GST), subject to variations, provisional sums and prime cost items. 2. That authority is delegated to the General Manager to execute all necessary documentation. 3. That other tenderers be advised of Council’s decision. In favour: Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Crs McBain and Britten |
02:35 pm Cr McBain returned to the meeting.
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11.3 |
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The Group Manager Infrastructure advised that information had come to hand that the Pretty Point Bridge has now been listed as a heritage item. |
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190/13 |
RESOLVED on the motion of Crs Allen and Tapscott That the matter be deferred in order to seek heritage assessment of the existing bridge which is a heritage item listed in the Bega Valley Local Environmental Plan 2013. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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11.4 |
Bega and Brogo Rivers Flood Study - Draft Report for Public Exhibition |
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191/13 |
RESOLVED on the motion of Crs Mawhinney and McBain 1. That Council note the draft flood study report and findings. 2. That the draft flood study report be placed on public exhibition. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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11.5 |
Focus Group Composition and Selection for Bega Valley Shire Floodplain Risk Management |
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A motion was moved by Cr Allen 1. That Council approve the formation of a Focus Group and a technical sub-committee to provide input and consultation on floodplain risk management issues within the Bega Valley Shire LGA. 2. That the composition of the Focus Group include two Councillors. 3. That Council approve the suggested composition of the Focus Group and its technical sub-committee and process to obtain representatives and agree to making the final selection of representatives on the Focus Group and its technical sub-committee. A motion was foreshadowed by Cr McBain 1. That Council approve the formation of a Focus Group and a technical sub-committee to provide input and consultation on floodplain risk management issues within the Bega Valley Shire LGA. 2. That Cr Hughes and Cr Mawhinney be appointed to the Focus Group. 3. That Council approve the suggested composition of the Focus Group and its technical sub-committee and process to obtain representatives and agree to making the final selection of representatives on the Focus Group and its technical sub-committee. The motion lapsed for want of a seconder. |
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192/13 |
RESOLVED on the motion of Crs McBain and Taylor 1. That Council approve the formation of a Focus Group and a technical sub-committee to provide input and consultation on floodplain risk management issues within the Bega Valley Shire LGA. 2. That Cr Hughes and Cr Mawhinney be appointed to the Focus Group. 3. That Council approve the suggested composition of the Focus Group and its technical sub-committee and process to obtain representatives and agree to making the final selection of representatives on the Focus Group and its technical sub-committee. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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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193/13 |
RESOLVED on the motion of Crs Fitzpatrick and Tapscott 1. That Council note the Kothes Eden Bonds release report 2. That a further report be prepared for Council outlining outstanding works and the progress by the developer. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten. |
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12.2 |
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194/13 |
RESOLVED on the motion of Crs Allen and Seckold 1. That Council resolve that a) The Council’s general purpose financial report is prepared in accordance with: b) The Local Government Act 1993 (as amended) and the Regulations made there under; and c) The Australian Accounting Standards and professional pronouncements; and d) The Local Government Code of Accounting Practice and Financial Reporting; and e) Presenting fairly the Council’s operating result and financial position for the year; and f) According with Council’s accounting and other records. 2. The Council’s Special Purpose Financial Reports are prepared in accordance with: a) NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and b) Department of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and c) The Local Government Code of Accounting Practice and Financial Reporting; and d) The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines. e) Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and f) According with Council’s accounting and other records. 3. That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way, and include such information in the statement. 4. That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993. 5. That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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12.3 |
Certificate of Investments made under Section 625 of the Local Government Act 1993 |
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195/13 |
RESOLVED on the motion of Crs Seckold 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 and Fitzpatrick Against: Nil Absent: Cr Britten |
2.59 pm The Ordinary Meeting was reconvened.
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13. |
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196/13 |
RESOLVED on the motion of Crs McBain 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 and Fitzpatrick Against: Nil Absent: Cr Britten |
14.1 Cr Mawhinney – Mumbulla Foundation
Councillor Mawhinney provided background information to Councillors regarding the history and objectives of the Mumbulla Foundation:
Since 2001 the Mumbulla Foundation in partnership with the Bega Valley Shire Council has been active in supporting local not-for-profit community organisations.
The primary objective is to help locally based groups who are providing and/or creating opportunities and services which may not be readily available in the valley from other sources. Preference (but not absolute preference) is given to locally based organisations who may not be so readily competitive with external funding bodies. Applications from indigenous groups are encouraged.
Over the years grants to 301 projects to total value of $622,000 have been provided through the Foundation. The Bga Valley Shire Council has provided an annual contribution of $25,000 (plus a $5,000 grant to help with administration costs) towards the funding of these projects.
Thanks to this contribution, the increased support of its sponsors and the Foundations’ increased fundraising activities, the level of total grants approved per year has increase significantly from around $40,000 in 2000-2001 to $73,000 in 2012. The number of projects approved has increased from 18 to 37.
A wide range of organisations in the Bega Valley Shire have benefitted from the Foundation’s funding. They include those providing valuable services for the aged and disabled, youth and families and children and other people in need as well as those involved in arts and cultural activity. Organisations concerned with education and community learning, the region’s heritage and environment have also benefitted from the grants.
The approved grants have been used to supplement some of the organisations’ operations costs to help them maintain a satisfactory level of support of the community. Organisations also used the grants to implement specific activities they would not have been able to do with their limited funding level. For example, thanks to Mumbulla Foundation funding organisations were able to set up specific workshops, mentoring programs and musical and theatre performances for the community.
14.2 Cr Taylor Southern Councils Group Meeting
Cr Taylor circulated information to Councillors regarding the Southern Council Group Meeting held on 18 September 2013 in Sydney. A report will be presented to Council when the minutes of that meeting have been received.
There were no rescission or alteration motions.
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S.1 |
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197/13 |
RESOLVED on the motion of Crs Hughes and Mawhinney That Bega Valley Shire Council write to NSW and Commonwealth Parliamentarians to support the legalisation of same sex marriage. In favour: Crs McBain, Hughes, Tapscott, Seckold and Mawhinney Against: Crs Taylor, Allen and Fitzpatrick Absent: Cr Britten |
17. Urgent Business
There was no urgent business
There were no responses to questions on notice.
19. Questions for the Next Meeting
Cr Tapscott – Poll on Same Sex Marriage
Cr Tapscott asked could Councillors be provided with an indication of the cost of running a poll during the next council meeting for the purpose of determining the community’s opinion regarding same sex marriage.
The Acting General Manager advised this information will be included in a report to council regarding the costs and processes for the next council election or by-election.
20. Confidential Business
There was no confidential business.
Cr McBain thanked the Group Manager Infrastructure and his staff for their prompt response following her request at the last Council meeting for a rubbish bin to be provided in the park at Tura Beach.
Closure
There being no further business, the Chairperson closed the meeting at 3.14 pm.
CONFIRMED ........................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 25 September 2013.