Ordinary Meeting Minutes

Held on Wednesday, 22 January 2014

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

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

 

Acknowledgement of Traditional Owners of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council, the Traditional Owners of the lands and waters of the shire – the people of the Yuin and Monaro nations and show our respect to elders past and present.

1.

Confirmation of Minutes

1/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 18 December 2013 and the Extraordinary Meeting held on 18 December 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

Cr Mc Bain declared a pecuniary interest regarding Item 8.1 - Amendment to Planning Proposal for Kalaru Racecourse and 12.4 - Sapphire Coast Turf Club – request for Bega Cup Race sponsorship, on the basis that she is a solicitor for the Sapphire Coast Turf Club.  A signed declaration form was tabled by Cr McBain for inclusion in the Register, indicating Cr McBain would depart the meeting room, taking no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

There were no deputations to Council.

5.        Petitions

Cr Fitzpatrick tabled a petition containing 1429 signatures from the Eden community regarding their objection to another supermarket in Eden.  The petition has been provided to the Group Manager Planning and Environment for response.

 

Cr Taylor tabled a petition containing 197 signatures from residents of Merimbula regarding the condition of local roads following the resurfacing works completed on Lakewood Drive, adjoining courts and Short Point Car Park, Merimbula, and associated damage caused to property and vehicles by tar and aggregate. 

The petition has been provided to the Group Manager Infrastructure Waste and Water for response.

6.        Mayoral Minutes

There were no Mayoral Minutes.

7.

Adjournment into Standing Committees

2/14

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

2.03 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 Mc Bain declared a pecuniary interest regarding Item 8.1, Amendment to Planning Proposal for Kalaru Racecourse on the basis that she is a solicitor for the Sapphire Coast Turf Club. 

8.1

Amendment to Planning Proposal for Kalaru Racecourse

 

A motion was moved by Cr Hughes and Seckold

That Council resolve to amend the planning proposal for Kalaru Racecourse in accordance with the plan in Attachment 3 to the report and submit the revised planning proposal to the Minister for Planning to seek an amended Gateway Determination.

A motion was foreshadowed by Cr Fitzpatrick

1.       That zoning of RE2 apply to the land in front of Sapphire Coast Drive

2.       That Council resolve to amend the planning proposal for Kalaru Racecourse in accordance with the plan in Attachment 3 to the report and submit the revised planning proposal to the Minister for Planning to seek an amended Gateway Determination.

The motion was put to the vote and it was LOST

In favour:       Crs Hughes, Seckold and Mawhinney

Against:           Crs Taylor, Tapscott, Allen, Fitzpatrick and Britten

DECLARED
DID NOT VOTE:
Cr McBain

A Motion was foreshadowed by Cr Tapscott

That Council resolve to amend the planning proposal for Kalaru Racecourse in accordance with the plan in Attachment 3 to the report except that the land on the racecourse side of Shady Lane and the lane itself be proposed to be zoned RE2 instead of E2, and submit the revised planning proposal to the Minister for Planning to seek an amended Gateway Determination.

The foreshadowed motion was moved by Crs Fitzpatrick and Allen

1.       That zoning of RE2 apply to the land in front of Sapphire Coast Drive

2.       That Council resolve to amend the planning proposal for Kalaru Racecourse in accordance with the plan in Attachment 3 to the report and submit the revised planning proposal to the Minister for Planning to seek an amended Gateway Determination.

The motion was put to the vote and it was LOST

In favour:       Crs Allen and Fitzpatrick

Against:           Crs Taylor, Hughes, Tapscott, Seckold, Mawhinney and Britten

DECLARED
DID NOT VOTE:
Cr McBain

The foreshadowed motion was moved by Crs Tapscott and Taylor

That Council resolve to amend the planning proposal for Kalaru Racecourse in accordance with the plan in Attachment 3 to the report except that the land on the racecourse side of Shady Lane and the lane itself be proposed to be zoned RE2 instead of E2, and submit the revised planning proposal to the Minister for Planning to seek an amended Gateway Determination

The motion was put to the vote and it was LOST

In favour:       Crs Taylor, Tapscott and Britten

Against:           Crs Hughes, Seckold, Mawhinney, Allen and Fitzpatrick

DECLARED
DID NOT VOTE:
Cr McBain

Cr McBain departed the meeting room, taking no part in debate or voting on this item.

Cr McBain returned to meeting room

8.2

Revocation of Dangerous Dog Declaration

3/14

RESOLVED on the motion of Crs Allen and Seckold

That the Dangerous Dog Declaration applying to Mr Stefan Verbancic’s dog “Pete” (microchip no. 982009102286134) be revoked pursuant to Section 39 of the Companion Animals Act 1998, and that the Director General Division of Local Government and Mr Verbancic be advised of Council’s decision.

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

Against:           Nil

 

9.        Staff Reports – Community and Relationships (Liveability)

There were no Community and Relationship reports.

10.      Staff Reports – Economic (Enterprising)

There were no Economic 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

Rectification of Encroachment onto Council Road Reserve

4/14

RESOLVED on the motion of Crs Britten and Allen

1.       That Council note the report and approve the agreed course of action to rectify the encroachment and maintain public road access, to be undertaken by the landowners of Lot 167 DP 750216 at no cost to Council.

2.       That Council consents to the lodgement of a road widening and road closure application within Lots 167 and 168 DP 750216 at Buckajo.

3.       That the Mayor and/or the General Manager be authorised to execute the necessary documents as may be required.

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

Against:           Nil

 

11.2

2013/14 Better Boating Program Grant and Funding Agreement – Wonboyn Lake Boat Ramp and Jetty Upgrade

5/14

RESOLVED on the motion of Crs Allen and Tapscott

1.       That Council note and endorse the acceptance of the Funding Offer and execution of the Funding Agreement by the General Manager.

2.       That the project proceed in accordance with the BBP Conditions of Grant.

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

Against:           Nil

 

11.3

Central Waste Facility Consultative Committee

6/14

RESOLVED on the motion of Crs Britten and Mawhinney

1.       Council endorse the draft guidelines for the operation of the CWF consultative committee.

2.       Council accept the two community nominations for membership of the CWF consultative committee from Mr Jeff Smith and Mr Graeme Fowler and write to the nominees accordingly

3.       That the third position on the committee remain vacant.

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 Mawhinney assumed the chair for this section of the agenda.

12.1

Financial Assistance procedures

7/14

RESOLVED on the motion of Crs Britten and Taylor

1.         That Council adopt the revised requests for financial assistance (donation) procedure.

2.         That Council advertise the first call for applications for the 2014/15 year immediately and widely circulate information about the change procedure.

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

Against:           Nil

 

12.2

Twyford Hall request for assistance - Archaeological investigation

8/14

RESOLVED on the motion of Crs Britten and Seckold

That Council grant financial support for Twyford Hall Inc towards Archaeological Investigations required under DA 2007.0144, initially for $14,000.

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

Against:           Nil

 

12.3

Four Winds Concerts Inc Request for Financial Assistance

 

A motion was moved by Crs Britten and Seckold

That a reimbursement be made of $25,098.20 to Four Winds Concert Inc for DA Certificate fees, S94 and S64 contributions.

A motion was foreshadowed by Cr Fitzpatrick

That a reimbursement of $15,630.20 be made to Four Winds Concert Inc for DA and Certificate fees

The motion was put to the vote and it was

9/14

RESOLVED on the motion of Crs Britten and Seckold

That a reimbursement be made to Four Winds Concert Inc of $25,098.20 for DA Certificate fees, S94 and S64 contributions

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

Against:           Nil

Pecuniary Interest

Cr Mc Bain declared a pecuniary interest regarding Item 12.4 - Sapphire Coast Turf Club - request for Bega Cup Race sponsorship on the basis that she is a solicitor for the Sapphire Coast Turf Club. 

Cr McBain departed the meeting room, taking no part in debate or voting on this item.

12.4

Sapphire Coast Turf Club - request for Bega Cup Race sponsorship

10/14

RESOLVED on the motion of Crs Hughes and Taylor

That Council decline to sponsor a race in the Bega Cup Race Meeting

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

Against:           Nil

DECLARED

DID NOT VOTE: Cr McBain

Cr McBain returned to the meeting room.

 

12.5

Live Streaming of Council Meetings and amendments to the Code of Meeting Practice

11/14

RESOLVED on the motion of Crs Britten and Allen

1.       That Council defer implementation of the live audio streaming for consideration of the overall amplification and monitoring of Council meetings and to be included in the overall Communications Review.

2.       That the Code of Meeting practice be amended regarding petitions and pecuniary interest.

3.       That the revised Code of Meeting Practice be placed on public exhibition for a period of 28 days.

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

Against:           Cr Seckold

 

12.6

Local Government Tourism Conference 2014

12/14

RESOLVED on the motion of Crs McBain and Britten

That Cr Tapscott (as Council’s representative to Sapphire Coast Tourism Board) attend 2014 Local Government NSW Tourism Conference on Tuesday 11 and Wednesday 12 March 2014 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, Fitzpatrick and Britten

Against:           Nil

 

12.7

Request for quote - Communications and Engagement review

13/14

RESOLVED on the motion of Crs McBain and Tapscott

1.       That Council advertise a Request for Quote to engage a company with expertise in communications and community engagement to provide a review of Council communications and engagement strategies, procedures, and proposed action plan and to provide advice on implementation of a staff training plan.

2.       That Council request staff develop guidelines for the establishment of a reference committee to assist and advise Council on community engagement and communication and that the guidelines and framework for the committee be reported to the next Council meeting.

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

Against:           Nil

 

12.8

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

14/14

RESOLVED on the motion of Crs Britten 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, Fitzpatrick and Britten

Against:           Nil

 

3.09 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

15/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That all motions recorded in the Standing Committees, excluding Item 8.1 - Amendment to Planning Proposal for Kalaru Racecourse and Item 12.4 - Sapphire Coast Turf Club, including votes for and against,  be adopted in and by the Ordinary Council Meeting ,

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

Against:           Nil

Cr McBain departed the meeting room

RESOLVED on the motion of Mahwinney and Britten

That motions recorded in the Standing Committees for Item 8.1 - Amendment to Planning Proposal for Kalaru Racecourse and Item 12.4 - Sapphire Coast Turf Club, 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

DECLARED

DID NOT VOTE: Cr McBain

Cr McBain returned to the meeting room.

14.      Delegates Reports

There were no Delegates Reports

15.      Rescission/alteration Motions

There were no Rescission Motions.

16.      Notices of Motion

 

16.1

Business Growth Development

16/14

RESOLVED on the motion of Crs Tapscott and Britten

1.       That the Bega Valley Shire Business Forum, Chambers of Commerce, senior staff and Councillors, and any other interested body be invited to put forward suggestions to promote and grow new small business locally for consideration by Council. These ideas to be considered and researched for inclusion in the Council’s draft business growth action plan to be presented to Council.

2.       That Council consider the establishment of a section 355 committee with broad representation to be an advisory body on sustainable business growth options in the Shire and that the first meeting of this group be a broad forum focussing on discussing the draft business growth plan prior to presentation to Council.

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

Against:           Nil

 

17.      Urgent Business

RESOLVED on the motion of Crs Taylor and Allen

That a matter of urgent business be heard in outside of session of the Traffic Committee relation to a road closure.

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

Against:           Nil

 

17.1

Filming Application - Wallaga Lake Bridge

17/14

RESOLVED on the motion of Crs Allen and Britten

1.       That, subject to conditions, the Wallaga Lake Bridge and Causeway on Wallaga Lake Road be temporarily closed as required for filming between 6am and 5pm on, Tuesday 11 February 2014.

2.       That the proposed traffic arrangements involving the temporary closure of the Wallaga Lake Bridge and Causeway on Wallaga Lake Road between 6am and 5pm on Tuesday, 11 February 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.

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.

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

Against:           Nil

RESOLVED on the motion was of by Cr Hughes and McBain

That a matter of urgent business be heard in relation a proposed extension to the public response to the DA 2013.405 Fabcot Pty Ltd Lot: 13 Sec: 8 DP: 758095 5 Young Street BERMAGUI Parcel 14530 New Business Premises

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

Against:           Cr Allen

17.2

Extension of exhibition period DA 2013.405 Fabcot Pty Ltd Lot: 13 Sec: 8 DP: 758095 5 Young Street BERMAGUI Parcel 14530 New Business Premises

 

A motion was moved by Cr Keith Hughes and McBain

That the exhibition period for DA 2013.405 Fabcot Pty Ltd Lot: 13 Sec: 8 DP: 758095 5 Young Street BERMAGUI Parcel 14530 New Business Premises, be extended by a period of three (3) weeks until Wednesday 12 February, 2014.

The motion was put to the vote and it was LOST

In favour:       Crs McBain, Hughes, Tapscott and Seckold

Against:           Crs Taylor, Mawhinney, Allen, Fitzpatrick and Britten

18.      Questions On Notice

There were no questions on notice.

19.      Questions for the Next Meeting

There were no questions for the next meeting.

20.      Confidential Business

There was no confidential business

21.      Adoption of reports from Closed Session

There were no reports from Closed Session

22.      Resolutions to declassify reports considered in closed session

There were no resolutions to declassify reports.

Closure

There being no further business, the Chairperson closed the meeting at 3.29 pm.

 

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

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 22 January 2014.