Held on Wednesday, 16 October 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 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 Acting Group Manager Planning and Environment, Mr Keith Tull 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 Tamara Whiting |
The Mayor acknowledged the traditional owners of the Bega Valley Shire, the people of the Yuin and Monaro nations.
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1. |
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177/13 |
RESOLVED on the motion of Crs Mawhinney and Seckold That the Minutes of the Ordinary Meeting held on 25 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 Fitzpatrick and Mawhinney That the apology from Cr Britten be accepted. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
3. Declarations
There were no declarations of interest
SUSPENSION OF STANDING ORDERS
RESOLVED on the motion of Crs Fitzpatrick and Tapscott
That Standing Orders be suspended to allow the following persons to address Council and to respond to questions from Councillors:
Mr Bill Southwood and Mr Jeff Lean on behalf of Four Winds Concerts Inc. - regarding Sustainability (Planning and Environment) Report 8.3 Request for review of determination of Section 96 Application to Modify - Alterations and additions to entertainment establishment - Four Winds Barraga Bay:
Mr David Jesson – regarding Sustainability (Planning and Environment) Report No 8.1 DA No. 2008.629: Proposed modification to conditions of Development Consent - Proposed retail development - Main Street, Merimbula .
In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick
Against: Nil
Absent: Cr Britten
RESOLVED on the motion of Crs Hughes & Mawhinney
That Mr Jesson be granted an extension of 2 minutes to complete his address.
In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick
Against: Nil
Absent: Cr Britten
The Mayor thanked the addressees.
There were no petitions
There were no mayoral minutes
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7. |
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179/13 |
RESOLVED on the motion of Crs McBain and Tapscott 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 and Fitzpatrick Against: Nil Absent: Cr Britten |
2.17 pm The Ordinary meeting adjourned and formed in the committee.
In Councillor Britten’s absence and In accordance with Council’s Code of Meeting Practice, Councillor Taylor assumed the chair for this section of the agenda.
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8.1 |
Proposed modification to conditions of Development Consent - Proposed retail development - Main Street, Merimbula |
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RESOLVED on the motion of Crs Fitzpatrick and Allen That the matter be heard as no new matters had been raised in the addresses to Council. In favour: Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Britten |
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180/13 |
RESOLVED on the motion of Crs Fitzpatrick and Allen That the Section 96 Application to modify Development Application No. 2008.629 for the development of Lot 1 DP 37533 and Lot 2 DP 543333, 107-113 Main Street, Merimbula to permit a retail development be modified in accordance with attached draft modified deferred development consent with the following amendment to condition 15. 15. a) That provision shall be made for the parking of 127 vehicles on-site within 12 months of the commencement of construction to satisfy the restriction on title to provide parking for the Merimbula RSL development. That prior to the issue of a Construction Certificate by the Principal Certifying Authority for commencement of any works on-site the developer shall submit a Construction Works Program to Council meeting the requirement to provide 127 spaces within 12 months of commencement of construction. b) That construction works on site shall not commence prior to February 2014. In favour: Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Britten |
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8.2 |
Proposed amendment to Bega Valley Local Environmental Plan 2013 Land Application Map to include the waters of Snug Cove and Cattle Bay |
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181/13 |
RESOLVED on the motion of Crs Fitzpatrick and Mawhinney That Council resolves to prepare a planning proposal to amend the Bega Valley Shire Land Application Map 2013 to include the area between Cocora Beach Headland and Lot 1 DP 738477 (inclusive) and forward to the NSW Department of Planning Gateway Panel for determination. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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8.3 |
Request for review of determination of Section 96 Application to Modify - Alterations and additions to entertainment establishment - Four Winds Barraga Bay |
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A motion was moved by Crs Seckold and Tapscott that the matter be deferred for a further report. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten
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182/13 |
RESOLVED on the motion of Crs Seckold and Tapscott That Council note that following an address to Council, this item was deferred in keeping with Council’s Code of Meeting Practice and a further report be provided. 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 |
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183/13 |
RESOLVED on the motion of Crs McBain and Mawhinney 1. That the Library Community Van service ceases operation. 2. That those people affected by the cessation of service are notified and offered access to the expanded Home Library Service. 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 McBain assumed the chair for this section of the agenda.
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10.1 |
Acquisition of Crown land at Bermagui for addition to R89619 Kindergarten Reserve |
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184/13 |
RESOLVED on the motion of Crs Seckold and Mawhinney 1. That in its capacity as Reserve Trust Manager for R89619 Kindergarten Reserve, Council formally requests the Crown Lands Division to add the remnant of Lot 4 in DP 1102635 (yet to be surveyed and a separate lot to be created) into R89619 Kindergarten Reserve. 2. That upon gazettal, Council in its capacity as Reserve Trust Manager for R89616 will then negotiate with the Bermagui Pre-school committee any licence arrangements that may be required, for the low impact use of the site by the pre-school 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 Fitzpatrick assumed the chair for this section of the agenda.
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11.1 |
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185/13 |
RESOLVED on the motion of Crs Seckold and Tapscott 1. That Council approve in principle a further 10 year lease to Discovery Holiday Parks Pty Ltd for the continued occupation of Lot 533 DP 1014766, located within Crown Reserve 89211 at Pambula Beach, at a commencing rental of $7,130 per annum (exclusive of GST). 2. That the Mayor and Acting General Manager be authorised to execute the necessary documents. 3. That in accordance with the requirements of the Crown Lands Act, Council obtain Minister’s consent to the lease agreement. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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11.2 |
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186/13 |
RESOLVED on the motion of Crs McBain and Mawhinney That Council give approval for a capital contribution of up to $250,000 (subject to minor variations) to be made to Health Infrastructure NSW for delivery of a sewage pump station to service the South East Regional Hospital and existing Glen Mia Estate. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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11.3 |
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A motion was moved by Crs McBain and Seckold That the matter be deferred for further report to Council. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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187/13 |
RESOLVED on the motion of Crs McBain and Seckold That the matter be deferred for further report to Council. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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11.4 |
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188/13 |
RESOLVED on the motion of Crs Allen and Tapscott That Council endorse the option to procure 10 transportable aluminium spectator seating units to the value of $50,000 and that be available for hire sporting and special events. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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11.5 |
Wolumla Recreation Ground - Request to Transfer Trusteeship to Council |
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189/13 |
RESOLVED on the motion of Crs Allen and Tapscott 1. That Council agree to transfer Trusteeship from community to Council and formalise the arrangement with Crown Lands. 2. That Council staff engage with the existing Trust to form a management committee for the facility. 3. That Council and the new management committee produce and adopt a Facility Management Plan that covers roles, responsibilities and funding for the continued operation and development of the facility. 4. That Council staff prepare a report identifying other Community Recreation Crown Land parcels not currently under Councils trusteeship. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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11.6 |
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190/13 |
RESOLVED on the motion of Crs Allen and McBain 1. That Council note the Bega Traffic, Parking and Pedestrian Study as one of the documents to be used as basis for the future planning and development of the Bega CBD. 2. That the Bega Traffic, Parking and Pedestrian Study be forwarded to the consultants carrying the Bega CBD Landscape Master Plan for use as appropriate and applicable to the Bega CBD. 3. That traffic, parking and pedestrian strategies be developed for the Bega CBD and the Bega Traffic, Parking and Pedestrian Study be used, along with the outcomes of the Bega CBD Landscape Master Plan, as basis for these strategies. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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11.7 |
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A motion was moved by Crs McBain and Mawhinney 1. That Council adopt the Merimbula Airport Master Plan as guiding document to public and private investment in the airport precinct; 2. That Council utilise the Master Plan as the basis of applications for grants for development and security screening; 3. That Council receive a report on the steps and estimates to gain relevant approvals for aeronautical infrastructure development as outlined on page three of the Master Plan and for proposed tourism site development; 4. That Council receive a report on the draft business plan having regard to the Master Plan and financial model. In favour: Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Britten |
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191/13 |
RESOLVED on the motion of Crs McBain and Mawhinney 1. That Council adopt the Merimbula Airport Master Plan as guiding document to public and private investment in the airport precinct; 2. That Council utilise the Master Plan as the basis of applications for grants for development and security screening; 3. That Council receive a report on the steps and estimates to gain relevant approvals for aeronautical infrastructure development as outlined on page three of the Master Plan and for proposed tourism site development; 4. That Council receive a report on the draft business plan having regard to the Master Plan and financial model. In favour: Crs Taylor, McBain, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Britten |
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 |
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192/13 |
RESOLVED on the motion of Crs Seckold and Hughes That Council notes the progress of the Internal Audit Committee during 2012-2013. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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12.2 |
Expression of Interest - General Manager Recruitment Services provider |
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A motion was moved by Crs Allen and Seckold that the matter be deferred to closed session. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten
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193/13 |
RESOLVED on the motion of Crs Allen and Seckold That the matter be deferred to closed session. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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12.3 |
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194/13 |
RESOLVED on the motion of Crs McBain and Tapscott That Council note the report on Lodgement of Pecuniary Interest Returns period ending 30 June 2013 In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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12.4 |
Declassification of closed session reports property Princes Highway Cobargo |
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195/13 |
RESOLVED on the motion of Crs Hughes and Tapscott That Council declassify the reports and resolutions in relation to the sale of 50 Princes Highway, Cobargo, from the Closed Session meetings of 6 October 2003 and 26 July 2011. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
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12.5 |
Certificate of Investments made under Section 625 of the Local Government Act 1993 |
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196/13 |
RESOLVED on the motion of Crs Seckold and Hughes 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 |
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12.6 |
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197/13 |
RESOLVED on the motion of Crs Fitzpatrick and Tapscott That Council lodge an application for Local Government Infrastructure Renewal Scheme Round 3 (LIRS) Subsidy for the following projects: • Renewal of Merimbula Area Library • Renewal of Recreation, Parks, and Reserves • Renewal and upgrade for the Merimbula Bypass In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
3.22 pm The Ordinary Meeting was reconvened.
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13. |
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198/13 |
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 and Fitzpatrick Against: Nil Absent: Cr Britten |
Cr Tapscott – Thanked council on behalf of the elderly residents of Eden for the seat installed at Nullica as part of a joint venture between ESCCI and Council.
Cr Seckold – A reminder that it is Mental Health week and to participate in the many local activities available. Cr Seckold provided a brochure from Price’s Café which will be operational during the Eden Whale festival.
Cr Taylor – A number of Councillors attended that inaugural Local Government Conference. A preliminary report has been issued by the Acting General Manager and an email survey has been circulated to those that attended. A report to Council will follow shortly.
Cr McBain – Attended the AGM of the Bega Valley Shire Business Forum as the newly elected Council representative. The committee extended their thanks to Cr Allen for his input and contributions over a number of years while he was the Council representative.
There were no rescission/alteration motions
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16.1 |
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199/13 |
RESOLVED on the motion of Crs Hughes and Tapscott NOTICE OF MOTION That Council supports in principle consideration of a ban on the retail issue of single use, lightweight checkout style plastic bags and invite community members and retailers to provide feedback and suggestions on steps to a successful implementation. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
17. Urgent Business
There was no urgent business.
There were no questions on notice.
19. Questions for the Next Meeting
Cr Allen – Vacant Plumb Motors Site
Cr Allen asked that Council investigate access to the current vacant Plumb Motors site in Auckland St for consideration and inclusion in the current development of the Bega CBD Landscape Master Plan.
Cr Hughes – Forestry
Cr Hughes asked a question regarding the Local Government NSW Conference motions relating to State Forests paying rates on land throughout NSW. What would be the next step to help receive more rates revenue for the Shire.
The Chair Cr Taylor responded that it was broader than State Forests and covered the Forestry Corporation and State owned and controlled land. The Acting General Manager also responded that it was relating to State lands where there was commercial activity. Council is still waiting on the full report to be made available from the conference and a report will be provided to Council once that happens, including any items relevant to this Council. Council can then formally look at how we resolve to support the full motion as it comes.
Cr Hughes – Rates Relief
Cr Hughes also thanked the Manager Business and Technology for his research regarding the rates from the Forestry corporation and asked about the possible millions of dollars in relief for residents who are currently cross subsidising wood chipping operations.
The question was taken on notice by the Manager Business and Technology for response at a future meeting.
Cr Seckold – Local Government Conference report
Cr Seckold asked if there was a report from Councillors regarding the recent attendance at the Local Government conference.
The Acting General Manager responded that once the full conference report is made available a report will be provided to Council.
Cr Seckold - Contribution to Public Art from Sect 94 contributions
Cr Seckold asked that Council prepare a brief report on the possible contribution (approx. 5%) to Public Art from Sect 94 contributions of building DA’s costing more than $100,000
The Acting Group Manager Planning and Environment responded that a report on Section 94 will be submitted at a future meeting for Councils consideration.
3.42 pm The Chairperson called for a brief adjournment, reconvening at 3.52 pm
20. Confidential Business
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200/13 |
RESOLVED on the motion of Crs McBain and Seckold That : 1. Council resolve to adjourn into Closed Session to discuss the following confidential items: 20.1 Eden Gardens Country Club 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. 2. 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. 3. 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). 20.2 Expression of Interest - General Manager Recruitment Service Provider 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 (a) The issues to be discussed are matters relating to contract employment of staff. This report is proposed for closed committee because it relates directly to staff issues affecting the particular individuals identified therein. In favour: Crs Taylor, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr Britten |
04:46 pm Cr McBain left the meeting and did not return.
21. Adoption of reports from Closed Session
RESOLVED by Crs Fitzpatrick and Allen
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21.1 |
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2/13 |
RESOLVED on the motion of Crs Fitzpatrick and Allen 1. That Council note this report and resolve to:. Release the positive covenant over Lot 2 DP 1126141 and release the restriction on use on that part of Lot 1 DP 134731 comprising the area bounded by the Princes Highway, the northern boundary of Lot 2, Storey Avenue and the western boundary projection of Lot 2 to Storey Avenue so that the Club can investigate joint venture proposals to obtain ongoing income stream, possibly in the form, but not restricted to, nursing home development, self-care lifestyle units, motel lease back arrangements fronting the Princes Highway.
2. Council’s costs would be covered from the Eden Fisherman’s Club. In favour: Crs Taylor, McBain, Tapscott, Seckold, Allen and Fitzpatrick Against: Crs Hughes and Mawhinney Absent: Cr Britten |
22. Resolutions to declassify reports considered in closed session
Closure
There being no further business, the Chairperson closed the meeting at 5.12pm pm.
CONFIRMED ........................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 16 October 2013.