Ordinary Meeting Minutes

Held on Wednesday, 18 December 2013

at Council Chambers, Bega commencing at 2.01 pm

 


Present

Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

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

Workforce and Administration, Manager
Ms Nina Churchward

Minute Secretary, Ms Janelle Curtis

Mayor Announcement

The Mayor announced the appointment of Ms Leanne Barnes as Acting General Manager, with the contract to commence from 1 January 2014.

Acknowledgement of Traditional Owners of Bega Valley Shire

The Mayor acknowledged, on behalf of Bega Valley Shire Council, the Traditional Owners of the lands and waters of the shire – the people of Yuin and Monaro nations and show our respect to elders past and present.

1.

Confirmation of Minutes

251/13

RESOLVED on the motion of Crs Seckold and Tapscott

That the Minutes of the Ordinary Meeting held on 27 November 2013 as circulated, be taken as read and confirmed.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

2.

Apologies

 

The apology from Cr McBain was noted.

3.         Declarations

Pecuniary Interest

Cr Tapscott declared a pecuniary regarding Sustainability Item 8.1, Demolition of existing building and construction of new supermarket, liquor store, speciality retail tenancy and associated signage, on the basis that she operates a business in the vicinity of the development.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register, noting she would depart the meeting room taking no part in debate or voting on this item.

Cr Fitzpatrick declared a pecuniary regarding Accessibility Item 11.5, RFQ 50/13 Supply and Delivery of One 6x4 Forward Control Cab Tipper Truck, on the basis that he has a business relationship with tenderers.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting he would depart the meeting room taking no part in debate or voting on this item.

Non Pecuniary Interest

Cr Seckold declared a pecuniary regarding Sustainability Item 8.4, Tathra Community Solar Farm, on the basis that she is a member of Clean Energy for Eternity.  A signed declaration form was tabled by Cr Seckold for inclusion in the Register, noting she would remain in the meeting room and take part in debate or voting on this item.

4.         Deputations (by prior arrangement)

SUSPENSION OF STANDING ORDERS

     RESOLVED on the motion of Crs Fitzpatrick and Mawhinney

That Standing Orders be suspended to allow the following persons to address Council and to respond to questions from Councillors:

Regarding Sustainability Report 8.1 Demolition of existing building and construction of new supermarket, liquor store, speciality retail tenancy and associated signage

·        Mr Alan Gibson

·        Mr Con Castrissios

·        Mr Peter Whiter

Regarding Sustainability Report 8.2 Construction of an educational establishment - primary school:

·        Michael Francis Lyons

The Mayor thanked the speakers for their addresses.

5.         Petitions

The Mayor tabled the printed copy of the “change.org” petition provided by Mr Peter Whiter, noting that online petitions do not always provide the appropriate information in regard to residential addresses and that Mr Whiter has indicated an assessment of the online signatures had been undertaken by the petition organisers.

6.         Mayoral Minutes

 

6.1

Refugee Welcome Zone

252/13

RESOLVED on the motion of Cr Taylor

That Council declare itself to be a Refugee Welcome Zone and that the Mayor be authorised to sign the Refugee Welcome Zone Declaration.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

7.

Adjournment into Standing Committees

253/13

RESOLVED on the motion of Crs Mawhinney 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, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

2.32 pm      The Ordinary meeting adjourned and formed in the committee.

8.         Staff Reports – Planning and Environment (Sustainability)

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

Pecuniary Interest

Cr Tapscott declared a pecuniary interest regarding Sustainability Item 8.1, Demolition of existing building and construction of new supermarket, liquor store, speciality retail tenancy and associated signage, on the basis that she operates a business in the vicinity of the development. 

Cr Tapscott departed the meeting room

8.1

Demolition of existing building and construction of new supermarket, liquor store, speciality retail tenancy and associated signage

 

The Chairperson asked the Group Manager Planning and Environment if any new matters had been raised in the addresses, who advised, in his opinion, the presentations did not require a further report.

254/13

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.       That following the public deputations the matter be deferred in keeping with the Code of Meeting Practice for a further report to council incorporating further assessment of the economic impact analysis.

2.       That the General Manager be asked to provide a report to the next available meeting advising the Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the refusal of DA 2013.199

3.       That the report include reasons for refusal in the event that Council determines to refuse the development application.

In favour:        Crs Taylor, Hughes, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

DECLARED
DID NOT VOTE:
Cr Tapscott

Cr Tapscott returned to the meeting room.

 

8.2

Construction of an educational establishment - primary school 

255/13

RESOLVED on the motion of Crs Fitzpatrick and Taylor

1.     That following a deputation by the owner/applicant the matter be deferred in keeping with Council’s Code of Meeting Practice and a site inspection be arranged for Councillors.

2      That the General Manager be asked to provide a report to the next available meeting advising the Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979, if any, that would enable the granting of consent by Council to DA 2012.217.

3.     That the report include suitable draft conditions of consent in the event that Council determines to grant consent to the development application.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

8.3

Draft Eden Port (Snug Cove) Master Plan Update

256/13

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.       That Council adopts the 2013 Eden Port (Snug Cove) Master Plan Update report in principle.

2.       That Council advises the Minister for Planning & Infrastructure of the resolution and requests the Minister’s endorsement of the recommended changes to the Eden Port (Snug Cove) Master Plan 2005.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

Non Pecuniary Interest

Cr Seckold declared an non pecuniary interest on the basis she is a member of Clean Energy for Eternity (CEFE) but remained in the meeting room taking part in debate and voting on the matter.

8.4

Tathra Community Solar Farm

257/13

RESOLVED on the motion of Crs Taylor and Seckold

1.         That Council supports the development of the Tathra Community Solar Project.

2.         That the General Manager be authorised to enter into a Memorandum of Understanding with Clean Energy for Eternity (CEFE) for the project.

3.         That the Memorandum of Understanding include provision for Clean Energy for Eternity (CEFE) and Council to contribute $25,000 each and for the residue of funds to be by way of grant, or loan or donated funds.

4.         That the Council allocation of $25,000 towards the project be funded from surplus funds from the Southern Phone dividend.

5.         That Council staff consider implementing a similar project at the Merimbula and Eden Sewer Treatment Plants.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

8.5

Request for zoning of Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to a B5 Business Development zone

 

A motion was moved by Crs Tapscott and Fitzpatrick

1.       That the matter be deferred and further report be prepared to determine if Lot 33 and Lot 34, DP 243029 can be zoned separately.

2.       That a site visit for Councillors be arranged.

A motion was foreshadowed by Cr Hughes

That the matter be deferred and further be prepared providing reasons to zone Lot 33 and R5 Large Lot Residential

The motion was put to the vote and it was CARRIED

In favour:        Crs Taylor, Tapscott, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Crs Hughes and Seckold

Absent:             Cr McBain

A motion was moved by Cr Hughes and Seckold

That a further report providing reasons to zone Lot 33 and Lot 34, DP 243029 R5 Large Lot Residential be provided to Council.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold and Mawhinney

Against:            Crs Allen, Fitzpatrick and Britten

Absent:             Cr McBain

258/13

RESOLVED on the motion of Crs Tapscott and Fitzpatrick

1.       That the matter be deferred and a further be prepared to determine if Lot 33 and Lot 34, DP 243029 can be zoned separately.

2.       That a site visit for Councillors be arranged.

In favour:        Crs Taylor, Tapscott, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Crs Hughes and Seckold

Absent:             Cr McBain

RESOLVED on the motion of Cr Hughes and Seckold

That a further report providing reasons to zone Lot 33 and Lot 34, DP 243029 R5 Large Lot Residential be provided to Council.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold and Mawhinney

Against:            Crs Allen, Fitzpatrick and Britten

Absent:             Cr McBain

 

9.         Staff Reports – Community and Relationships (Liveability)

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

9.1

Sculpture on the Edge Acquisitive prize

259/13

RESOLVED on the motion of Crs Taylor and Mawhinney

That Council fund an Acquisitive prize of $10,000 for each of the 2014, 2015 and 2016 Sculpture on the Edge programs.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney and Britten

Against:            Crs Allen and Fitzpatrick

Absent:             Cr McBain

 

10.       Staff Reports – Economic (Enterprising)

In accordance with Council’s Code of Meeting Practice, Cr Taylor, in Councillor McBain’s absence, assumed the chair for this section of the agenda.

10.1

Operational Management of Merimbula Airport

 

A motion was moved by Cr Britten

1.       That Council note the Report on the Management Operational Models on the Airport

2.       That Council remove options 1 and 4 as Council is aware that these are not viable options.

3.       That Council advertise options 2 and 3 for public comment and indicate a preliminary preferred option for a version of oversight of management, having taken the initiatives to date to strengthen the runway for potential increased use.

4.       That in advertising the various operational models, Council consult with the existing Manager and with the airport users and in addition hold a public consultation session in Merimbula to allow informed debate on the two management models proposed in the report.

5.       That a further report be made to Council following consultation as mentioned above.

A motion was foreshadowed by Cr Fitzpatrick

1.       That Council lease the airport to a qualified and experienced company to operate the airport.

2.       That this option include variations such as separating the lease of the airport operations (runway, terminal and associated areas) from the airport business lands.

The motion was put to the vote and the vote was tied.

In favour:        Crs Taylor, Tapscott, Mawhinney and Britten

Against:            Crs Hughes, Seckold, Allen and Fitzpatrick

Absent:             Cr McBain

The Mayor used his casting vote in favour of the motion and it was CARRIED

260/13

RESOLVED on the motion of Crs Britten and Mawhinney

1.       That Council note the Report on the Management Operational Models on the Airport

2.       That Council remove options 1 and 4 as Council is aware that these are not viable options.

3.       That Council advertise options 2 and 3 for public comment and indicate a preliminary preferred option for a version of oversight of management, having taken the initiatives to date to strengthen the runway for potential increased use.

4.       That in advertising the various operational models, Council consult with the existing Manager and with the airport users and in addition hold a public consultation session in Merimbula to allow informed debate on the two management models proposed in the report.

5.       That a further report be made to Council following consultation as mentioned above.

 

10.2

National Broadband Network

261/13

RESOLVED on the motion of Crs Britten and Allen

1.          That Council note the report.

2.         That Council authorise a variation of the contract for sale by extending the sunset date, and for the NBN Co Ltd to lodge a caveat on the title, if required, to protect its interest under the contract.

3.         That Council authorise its official seal to be affixed to the necessary documents under the signature of the Mayor and the General Manager.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

10.3

Acquisition of Town Hall Reserve

262/13

RESOLVED on the motion of Crs Britten and Mawhinney

1.         Further to resolutions passed on 3 July 2013 and 6 November 2013, Council proceed with the compulsory acquisition of the land situated at Zingel Place, Bega described as Lot 103 DP1151462 and Lot 5 DP430378 for the purpose of public interest and use of the local community town hall in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2.         Council make an application to the Minister and the Governor for approval to acquire Lot 103 DP1151462 and Lot 5 DP430378 by compulsory process under section 186(1) of the Local Government Act.

3.         That Council give public notice of its intention to classify Lot 103 DP 1151462 and Lot 5 DP 430378 as operational land, once acquired.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

10.4

Request for funding Australia's Oyster Coast

263/13

RESOLVED on the motion of Crs Britten and Mawhinney

That Council provide $13,333 for Stage two of the Australia’s Oyster Coast Inc project, and that the funds be provided from the Business Growth Research and Development Fund.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

 

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

Merimbula Flood Study grant offer

264/13

RESOLVED on the motion of Crs Mawhinney and Taylor

That the grant offer of $120,000 from the Office of Environment and Heritage (OEH) for preparation of Council’s Merimbula Lake, Back Lake and Surrounds Flood Study be accepted and the funding agreement be executed by the General Manager for return to OEH by the submission date of 20 December 2013.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

11.2

Bega Valley Local Traffic Committee Meeting 4 December 2013

265/13

RESOLVED on the motion of Crs Mawhinney and Tapscott

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 4 December 2013 and approve the following:

Quaama Public School Annual Walkathon – 4 April 2014

That the Quaama Public School Walkathon on Warrigal Range Road, Brogo on 4 April 2014 be deemed a Class 4 special event.

Temporary Road Closures for Filming in Candelo – 6-7 January 2014

1.      That, subject to conditions, a section of Eden Street, Candelo be temporarily closed between the intersections of Sharpe Street and Kingstons Lane as required for the filming of feature film “Life Class” between 9am and 6.30pm on Monday, 6 January 2014 and Tuesday, 7 January 2014.

2.      That, subject to conditions, two sections of William Street, Candelo be temporarily closed as required for the filming of feature film “Life Class”, being a section immediately north of the intersection with Eden Street and a section adjacent to 50 William Street between 9am and 6.30pm on Monday, 6 January 2014 and Tuesday, 7 January 2014.

3.      That the proposed traffic arrangements involving the temporary closure of Eden Street and William Street, Candelo for the filming of feature film “Life Class” between Monday, 6 January 2014 and Tuesday, 7 January 2014, 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.

4.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

5.      That organisers fully implement an approved Special Event Transport Management Plan.

6.      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.

7.      That organisers have written Police approval prior to conducting the event.

8.      That event organisers liaise with the organisers of the Candelo Markets, if any set up works are to be conducted on Sunday, 5 January 2013.

9.      If any other areas are required or affected, outside the nominated dates or locations specified in the Local Traffic Committee submission, the event organiser is required to:

a)      Apply to Council for a Use of Public Land approval, if applicable; and

b)      Apply to RMS for a Road Occupancy Licence for any on street activities.

Temporary Closure of Carp Street, Bega - Bega Retail Promotion 19 December 2013

1.      That, subject to conditions, Carp Street, Bega be temporarily closed between the intersections of Auckland Street and Gipps Street for the Bega Chamber of Commerce Retail Promotion between 8.00am and 9.30pm on Thursday, 19 December 2013.

2.      That the proposed traffic arrangements involving the temporary closure of Carp Street, Bega for the Bega Chamber of Commerce Retail Promotion on Thursday, 19 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.

Tathra Mountain Bike Enduro – 12-13 April 2014      

1.      That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 12 April 2014 and Sunday, 13 April 2014 be approved.

2.      That the event 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 the Traffic Control Plan is to reflect the following:

a)      Dr George Mountain Road is not a full road closure.

b)      All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

c)       The cycle track along Andy Poole Drive is not available for racing purposes, as it is set aside for casual users.

4.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

5.      That organisers fully implement an approved Special Event Transport Management Plan.

6.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Service by name for the event.

7.      That organisers have written approval prior to conducting the event from the following:

a)      Roads and Maritime Services, for the use of classified roads

b)      NSW Police, under Section 40 of the Roads (Transport Safety & Traffic Management) Act

c)       National Parks and Wildlife Service

d)      Forests NSW

8.      That the event organiser advertise the change to traffic conditions for the event.

9.      That local emergency services and transport operators be notified prior to the event.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

11.3

Electricity Supply Contract for Street Lighting

266/13

RESOLVED on the motion of Crs Seckold and Mawhinney

1.      That Council endorse the electrical energy supply contract for street lighting.

2.      That Council endorse the action taken by officers in securing the contract.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

11.4

Tender 53/13 Merimbula Waste Transfer Station Construction

 

RESOLVED on the motion of Crs Mawhinney and Allen

That Council adopt the recommendation as contained in the confidential memorandum to Councillors and that the formal recommendation have the name and amount included.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

267/13

RESOLVED on the motion of Crs Britten and Allen

1.      That Council accept the tender from Zauner Construction in relation to contract for the works described in Tender 53/13, in the amount of $795,000 (excluding GST).

2.      That authority is delegated to the General Manager to execute all necessary documentation.

3.      That other tenderers be advised of Council’s decision.

Pecuniary Interest

Cr Fitzpatrick declared a pecuniary regarding Accessibility Item 11.5, RFQ 50/13 Supply and Delivery of One 6x4 Forward Control Cab Tipper Truck on the basis that he has a business relationship with tenderers. 

Cr Fitzpatrick departed the meeting room.

Cr Taylor took the chair during Cr Fitzpatrick’s absence.

11.5

RFQ 50/13 Supply and Delivery of One 6x4 Forward Control Cab Tipper Truck

 

RESOLVED on the motion of Crs Britten and Allen

That Council adopt the recommendation as contained in the confidential memorandum to Councillors and that the formal recommendation have the name and amount included.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

268/13

RESOLVED on the motion of Crs Britten and Allen

1.      That Council accept the quotation from Southern Truck Centre in relation to the purchase of one 6x4 Forward Control Cab Tipper Truck as described in RFQ 50/13, in the amount of $250,690 (including GST).

2.      That authority is delegated to the General Manager to execute all necessary documentation.

3.      That all other suppliers be advised of Council’s decision.

4.      That authority is delegated to fleet services to sell the existing tipper truck plant number 3905 via government auctions.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, and Britten

Against:            Nil

Absent:             Cr McBain

DECLARED
DID NOT VOTE:
  Cr Fitzpatrick

Cr Fitzpatrick returned to the meeting room and resumed the chair.

 

11.6

RFT 55/13 Design and Construction Tender for Dickinson Oval Pavilion, Bermagui

269/13

RESOLVED on the motion of Crs Britten and Mawhinney

That Council decline to accept any tenders and invite fresh tenders early in 2014, based on a detailed design with Development Approval delivered by Council staff.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

12.       Staff Reports – Governance and Strategy (Leading Organisation)

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

12.1

Certificate of Investments made under Section 625 of the Local Government Act 1993

270/13

RESOLVED on the motion of Crs Britten and Seckold

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, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

12.2

Reporting on Complaints Statistics - Code of Conduct

271/13

RESOLVED on the motion of Crs Tapscott and Taylor

That Council note the complaints statistic report required under the Model Code of Conduct to September 2013 with Nil complaints lodged in the reporting period and provide a nil report to the Division of Local Government.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

12.3

Special Variation - Sport and Recreation Facilities

272/13

RESOLVED on the motion of Crs Britten and Tapscott

1.      That Council agree to the list of projects for funding from the special variation funds as outlined in the tables below.

2.      That Council note that the 2009/2010 special variation has been fully allocated and will close as at 30 June 2014.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

The final allocation of special variation funds comprises the following projects

Project

Value

Berrambool Sporting Complex disabled toilet facilities

$10,000.00*

Contribution to the inclusive playground at Ford Park

$51,439.83

Reconstruction of the clubhouse at Dickinson Oval, Bermagui

$129,000.00*

Contribution to the construction of multi-purpose facility at the Sapphire Aquatic Centre, including new toilet block and spectator viewing area

$200,000.00*

Contribution to purchase of relocatable grandstand seating

$35,181.59*

Contribution to Bermagui Skate Park

$40,602.00

Upgrading of utility infrastructure at Sapphire Aquatic Centre

$100,000.00

Upgrade and resurface Merimbula Tennis Courts

$63,400.00*

Upgrade and resurface Bega Tennis Courts

$50,800.00*

Retain contingency on committed projects

$3,244.04

Contribution towards implementation of Cycleway Strategy

$181,769.01

Total

$865,436.47

*Funding allocations previously approved by Council

Alternate sources of funding have been identified for these projects. These projects are:

Project

Value

Source of Funds

Why excluded?

Pambula Sportsground

$246,147.20

S94 Recreation Facilities Upgrade

Exceeded category allocation

George Brown Oval Eden

$106,422.38

S94 Recreation Facilities Upgrade

Exceeded category allocation

George Griffin Oval Bega

$46,886.75

S94 Recreation Facilities Upgrade

Exceeded category allocation

Dickinson Oval Bermagui irrigation

$26,859.15

S94 Recreation Facilities Upgrade

Exceeded category allocation

Lawrence Park Tathra training field fencing

$24,506.11

S94 Recreation Facilities Upgrade

Exceeded category allocation

Cobargo Narira Park Trust Sportsground upgrades

$47,032.17

General Revenues

Exceeded category allocation

Upgrades to Pony Club fields in Eden and Wyndham

$41,836.58

General Revenues

Exceeded category allocation

Bega Tennis Club fencing

$20,579.09

S94 Recreation Facilities Upgrade

Exceeded category allocation

Lighting at Candelo Tennis Club and Pambula Sportsground

$12,134.99

General Revenues

Exceeded category allocation

Total

$572,404.42

 

 

3.52 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

273/13

RESOLVED on the motion of Crs Seckold and Mawhinney

That all motions recorded in the Standing Committees, excluding Items 8.1 and 11.5 including votes for and against, be adopted in and by the Ordinary Council Meeting

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

Pecuniary Interest

Cr Tapscott declared a pecuniary regarding Sustainability Item 8.1, Demolition of existing building and construction of new supermarket, liquor store, speciality retail tenancy and associated signage. on the basis that she operates a business in the vicinity of the development. 

Cr Tapscott departed the meeting room.

RESOLVED on the motion of Crs Allen and Britten

That the motion recorded in the Standing Committee for Item 8.1 including votes for and against, be adopted in and by the Ordinary Council Meeting

In favour:        Crs Taylor, Hughes, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

DECLARED
DID NOT VOTE:
  Cr Tapscott

Cr Tapscott returned to the meeting room

Pecuniary Interest

Cr Fitzpatrick declared a pecuniary regarding Accessibility Item 11.5, RFQ 50/13 Supply and Delivery of One 6x4 Forward Control Cab Tipper Truck   on the basis that he has a business relationship with tenderers. 

Cr Fitzpatrick left the meeting room.

RESOLVED on the motion of Crs Britten and Allen

That the motion recorded in the Standing Committee for Item 11.5 including votes for and against, be adopted in and by the Ordinary Council Meeting

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen and Britten

Against:            Nil

Absent:             Cr McBain

DECLARED
DID NOT VOTE:
  Cr Fitzpatrick

Cr Fitzpatrick returned to the meeting room.

 

14.       Delegates Reports

Cr Hughes – Biamanga National Park Board of Management

Cr Hughes reported on the successful Biamanga and Gulaga National Park “Back to Country Celebrations” held on 7 December, 2013.

Cr Seckold – South East Arts Regional Showcase

Cr Seckold reported that South East Arts recently hosted a regional showcase event in Canberra, aimed at building partnerships, support networks and audiences for arts and culture in the region.  The event was co-hosted by Dr Peter Hendy MP for Eden Monaro.

Over 80 people from the government, arts and cultural sector in Canberra attended the event, which was a fantastic opportunity to highlight the breadth and relevance that regional arts have across the South East.  Of particular note was Lindy Hume’s speech on “Excellence and Aspirations in Regional Australian Arts” along with the CEO of the Four Winds Festival, Sheen Boughen’s uplifting update on the economic and cultural value of a world class event such as Four Winds that benefits the small town of Bermagui.

Also an intriguing performance by the fLing Physical Theatre Group, led by percussionist David Hewitt, all complemented with delicious local produce that was generously supplied.

The regional showcase finished off a very successful year for South East Arts – a year in which our exhibitions, performances and other activities engaged over 6,000 people as both audiences and participants.

South East Art is preparing for a fantastic 2014 with key projects in planning and well underway.  We look forward to your continued support and also sharing our news with you in the coming months.  Have a fabulous Christmas from all the team at South East Arts – “connect, create, celebrate with us”.

Cr Fitzpatrick – Far South Coast Regional Development Australia (RDA) meeting

Cr Fitzpatrick reported on matters discussed at the last Regional Development Australia Meeting including commitment now by the Federal Government for the previously promised Medicare Local funding. He noted letters of support have been sent by Bega Valley Shire Council.  The Shoalhaven area has similarly affected projects.

The next meeting of the Regional Development Australia will be held in February.

Rob Pollock remains as the chair, with the board and set up to remain in place until 2015.

 

15.       Rescission/alteration Motions

There were no rescission motions

 

16.       Notices of Motion

There were notices of motion.

 

17.       Urgent Business

There were no items of urgent business.

 

18.       Questions On Notice

18.1 Response to questions on notice - Cr Hughes:  Wenzhou Delegation

Cr Hughes asked questions regarding the Wenzhou Delegation itinerary at the Council meeting on 28 November, 2013:

“Who suggested the inclusion of the Woodchip Mill in the itinerary of the delegation from Wenzhou, and why?

Why was the Wenzhou delegation visit to the chip mill omitted from the Mayor’s Media statement?”

The questions were taken on notice by the Acting General Manager and the following response was provided.

The Chinese delegation, through their Australian based tour coordinator, requested contact with a number of schools and businesses that they were interested in visiting. They specifically included a request to visit South East Fibre Exports (SEFE). The request may have been prompted by the viewing of the DVD presented in China earlier this year on a delegation to Nanyang which showcased the entire Bega Valley. This DVD was presented in draft to Councillors earlier in the year for sign off prior to the delegation leaving Australia.

The visit to SEFE was not omitted from the media release, nor was the visit to Bega Cheese or Potaroo Palace. Due to the tight timeframe to prepare the itinerary, the specifics had not been confirmed at the time the media release was forwarded to the local newspapers and radio stations saying that the delegation “will be visiting schools, local industries, tourist destinations and infrastructure projects.”

Councillors were privy to an early draft itinerary, however this was not finalised until the Monday morning of the visit with changes occurring even at that time due to time constraints, availability and weather. For example, the Snug Cove wharf visit was scheduled but the options for a whale watching tour, trip to the south of Twofold Bay and trip on a pilot boat were all changed on the day.

19.       Questions for the Next Meeting

19.1

Wenzhou Delegation provision of audio visual material

 

Cr Keith Hughes asked about the DVD shown to the Wenzhou Delegation including who prepared and paid for the DVD and why was it shown to the Wenzhou delegation.

The Acting General Manager and Cr Britten advised the DVD had been prepared by Sapphire Coast Tourism (SCT) for the Nanyang delegation.  A draft of the DVD was presented to Councillors for approval prior to its completion and presentation to Nanyang.  Sapphire Coast Tourism paid for the preparation, with a contribution from Bega Valley Shire Council.

 

20.       Confidential Business

 

Adjournment Into Closed Session

274/13

RESOLVED on the motion of Crs Britten and Mawhinney

1.      That Council resolve to adjourn into Closed Session to discuss the following confidential items:

20.1  Senior Staff performance reviews 2013

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 report contains personnel matters concerning particular individuals.

2.      That 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.      That 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).

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

Absent:             Cr McBain

 

21.       Adoption of reports from Closed Session

20.1

Senior Staff performance reviews 2013

275/13

RESOLVED on the motion of Crs Mawhinney and Britten

That the report on Senior Staff performance 2012/13 be noted.

In favour:        Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney, Allen, Fitzpatrick and Britten

Against:            Nil

ABSENT:             Cr McBain

 

22.       Resolutions to declassify reports considered in closed session

There were no reports declassified.

Items of Interest

Cr Mawhinney wished all a Merry Christmas and her best wishes for the New Year

Cr Seckold commented on the success of Littleton Gardens opening, particularly the inclusion of children’s activities and the white ribbon acknowledgment

Cr Seckold commented on the Tathra School Presentation Day which she attended on behalf of Bega Valley Shire Council in particular the publishing of a Yuin language book.

Cr Taylor thanked the Councillors for their cooperation during the year and commented on the many changes including the departure of Mr Peter Tegart, and thanked him for his work over the past five year.

Cr Taylor thanked Cr Britten for his assistance during the year, in particular with the provision of historical information from past council terms.  He also thanked the senior staff, the Executive Assistants and asked for this to be passed on to all staff.

The Acting General Manager thanked the Mayor for his comments and Councillors for their commitment during.

Closure

There being no further business, the Chairperson closed the meeting at 4.05 pm.

 

CONFIRMED ........................................................................................................

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 18 December 2013.