Held on Wednesday, 5 March 2014
at Council Chambers, Bega commencing at 2.00 pm
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Present Cr Bill Taylor, Mayor Cr Russell Fitzpatrick, Deputy Mayor Cr Michael Britten Cr Keith Hughes Cr Ann Mawhinney Cr Kristy McBain Cr Liz Seckold Cr Sharon Tapscott |
In Attendance Acting General Manager, Mr Andrew Woodley Acting Group Manager Infrastructure, Waste and Water, Mr Jim Collins Acting Group Manager Community and Relationships, Mr Simon Schweitzer Business and Technology Manager, Mr Lucas Scarpin Minute Secretary Tamara Whiting |
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 Yuin and Monaro nations and show our respect to elders past and present.
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1. |
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18/14 |
RESOLVED on the motion of Crs Britten and Seckold That the Minutes of the Ordinary Meeting held on 12 February 2014 as circulated, be taken as read and confirmed. In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
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2. |
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19/14 |
RESOLVED on the motion of Crs Hughes and Mawhinney 1. That an apology from Cr Allen be accepted for his inability to attend today’s meeting. 2. That a Leave of absence be accepted for Cr Britten for his inability to attend the meeting of 26 March 2014. 3. That a Leave of absence be accepted for Cr Tapscott for her inability to attend the meeting of 7 May 2014. In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
3. Declarations
Pecuniary Interest
Cr McBain declared a Pecuniary regarding Item 8.3 Amendment to Planning Proposal for Kalaru Racecourse on the basis that she is employed as a solicitor for Sapphire Coast Turf Club. A signed declaration form was tabled by Cr McBain for inclusion in the Register.
Cr McBain departed the meeting room, taking no part in debate or voting on this item.
RESOLVED on the motion of Crs Britten and McBain
That Standing Orders be suspended to allow the following persons to address Council and to respond to questions from Councillors:
Regarding Sustainability Report 8.2 Proposed Zoning of Stage 13 Mirador Estate under Bega Valley Local Environmental Plan 2013
· Mr Angus Ramsay & Mr Stuart McDonald – RCL Group
In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott
Against: Nil
Absent: Cr Allen
Cr Tapscott – Tabled a petition from residents and visitors of South Pambula requesting a Bike/ Walking track for Mt Darragh Rd South Pambula. The petition has 174 signatures.
There were no Mayoral minutes
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7. |
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20/14 |
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, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
2.04 pm The Ordinary meeting adjourned and formed in the committee.
In accordance with Council’s Code of Meeting Practice, Councillor Britten assumed the chair for this section of the agenda.
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8.1 |
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21/14 |
RESOLVED on the motion of Crs Mawhinney and Seckold 1. That the draft Asbestos Procedure be placed on public exhibition for a period of 60 days. 2. That following the exhibition period if submissions are received, an additional report will be tabled and submitted to Council for consideration. In the event that no submissions are received the procedure will be adopted as drafted. In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
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8.2 |
Proposed Zoning of Stage 13 Mirador Estate under Bega Valley Local Environmental Plan 2013 |
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22/14 |
RESOLVED on the motion of Crs Fitzpatrick and McBain Council advise the owner of Stage 13 Mirador Estate, Mirador: 1. That Council is prepared to consider a R2 Low Density Residential zoning with a 550m2 minimum lot size or a R3 Medium Density Residential zoning with a 1,000m2 minimum lot size for the land, or a combination of both. 2. That a Planning Proposal must be prepared for the land addressing all relevant planning matters including: · a servicing strategy for the Mirador Estate subdivision · bushfire assessment · access arrangements, including emergency access · threatened species assessment. 3. That once completed, the Planning Proposal be submitted for Council’s consideration. In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
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8.3 |
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02:08 pm Cr McBain declared a pecuniary interest and left the meeting room taking no part in debate or voting. A 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 1 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, Britten and Tapscott Against: Crs Hughes, Seckold, Fitzpatrick and Mawhinney Absent: Crs McBain and Allen |
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23/14 |
RESOLVED on the motion of Crs Hughes and Seckold That council resolve to amend the planning proposal for Kalaru racecourse in accordance with the plan in attachment 1 to the report and submit the revised planning proposal to the Minister for Planning to seek an amended gateway determination In favour: Crs Taylor, Hughes, Seckold, Mawhinney, Britten and Tapscott Against: Cr Fitzpatrick Absent: Crs McBain and Allen |
02:21 pm Cr McBain returned to the meeting room.
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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24/14 |
RESOLVED on the motion of Crs Seckold and Mawhinney That this item be deferred to the Closed Session for discussion, under Section 10A(2) of the Local Government Act 1993 in relation to confidential business, on the basis that the report concerns:- a) personnel matters concerning particular individuals (other than councillors) In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
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9.2 |
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25/14 |
RESOLVED on the motion of Crs Mawhinney and Seckold That this item be deferred to the Closed Session for discussion, under Section 10A(2) of the Local Government Act 1993 in relation to confidential business, on the basis that the report concerns:- a) personnel matters concerning particular individuals (other than councillors) In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
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9.3 |
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Crs Britten and McBain moved a motion That Council contribute $6000 towards the Festival of the Face initiative. In favour: Crs McBain, Britten and Tapscott Against: Crs Taylor, Hughes, Seckold, Mawhinney and Fitzpatrick Absent: Cr Allen
The motion was LOST
Cr Fitzpatrick and Hughes foreshadowed a motion That Council contribute $8000 towards the Festival of the Face initiative. In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
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26/14 |
RESOLVED on the motion of Crs Fitzpatrick and Hughes That Council contribute $8000 towards the Festival of the Face initiative. In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen
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There were no Economic (Enterprising) reports.
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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27/14 |
RESOLVED on the motion of Crs Mawhinney and Hughes That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 5 February 2014 and approve the following: 1. That the existing restricted 2 Hour Parking Zone adjacent to the Bega Civic Centre on Zingel Place, Bega be temporarily changed to a Loading Zone. 2. That the Bus Zone outside Candelo Public School on William Street, Candelo be extended a further 10.8 metres to the north, towards the Panbula Street intersection. In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
There were no Governance and Strategy (Leading Organisation) reports.
2.30 pm The Ordinary Meeting was reconvened.
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13. |
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28/14 |
RESOLVED on the motion of Crs Hughes and Mawhinney That all motions recorded in the Standing Committees, including votes for and against, be adopted in and by the Ordinary Council Meeting except Item 8.3. In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen 02:30 pm Cr McBain declared a pecuniary interest regarding Item 8.3 and departed the meeting room taking no part in debate or voting. RESOLVED on the motion of Crs Hughes and Mawhinney That the motion recorded for Item 8.3 in the Standing Committee, including votes for and against, be adopted in and by the Ordinary Council. In favour: Crs Taylor, Hughes, Seckold, Mawhinney, Britten and Tapscott Against: Cr Fitzpatrick Absent: Crs McBain and Allen 02:31 pm Cr McBain returned to the meeting room. |
Cr Seckold – SERAS Board Meeting
A Special General Meeting took place to endorse the Draft Constitution. An Ordinary Meeting followed and a new Director Cr Colin Stewart – Beardsley from Snowy River Shire Council was appointed to replace Meghan Quinn.
Board Director Bob Kirk from Goulburn/ Mulwaree Council was re-appointed to the Board of the Regional Academies of Sport Inc. which is a collective body of eleven academies across NSW. The 2014 Academy Games will be held in April.
Seven former SERAS Scholarship holders were selected in the Australian Winter Olympic Team and competed at Sochi last month. Callum Watson, Scott Kneller, Sami Kennedy Sim, Taylah O’Neill, Nicole Parks., Lucy Glanville & Lavinia Chrystal. They mainly competed in Cross Country and Free Style Skiing.
RESOLVED on the motion of Crs Fitzpatrick and Britten
That the resolution made by Council on Item 8.1 on 12 February 2014 to rezone Lots 33 and 34 to residential R5 be rescinded and that the matter be re-listed before a full sitting of all Councillors for further determination as to the rezoning of these lots for exhibition.
In favour: Crs Taylor, McBain, Mawhinney, Fitzpatrick, Britten and Tapscott
Against: Crs Hughes and Seckold
Absent: Cr Allen
RESOLVED on the motion of Crs Britten and Mawhinney
That the Notice of Motion regarding rezoning of Lots 33 and 34 DP243029 Tura Beach Drive, Tura Beach to a B5 Business Development Zone be deferred until the next meeting of Council is held with all Councillors present.
In favour: Crs Taylor, McBain, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott
Against: Cr Hughes
Absent: Cr Allen
17. Urgent Business
There was no Urgent Business
Cr Hughes
1. What DA consents would be required if the existing woodchip operations south of Twofold Bay were to be configured to export magnetite ore from the Nowa Nowa region of Victoria as per recent media reports?
2. How might DA consent requirements contrast if magnetite exports were to replace rather than be additional to existing woodchip operations?
3. Would a significant alteration to the electric fence trigger the need for an application to modify the consent originally granted for that structure?
4. Has the woodchip mill sought a modification of the consent previously granted to erect an electric fence?
The question was taken on notice by the Group Manager Planning and Environment and was answered via email to Councillors, as follows:
Staff have received representations from Eastern Iron regarding the opportunity to export magnetite, mined in Victoria , from the SEFE site at Edrom Road Eden and what approvals would be required. Due to the complexity of the matter staff have sought legal advice. Once that advice is received staff will be in a position to respond to Questions 1 and 2 in full. The legal advice would retain ‘legal privilege’ and will not be made publicly available, however staff will prepare appropriate answers, based on that advice, to place on the public record.
Questions 3 and 4 will be answered at the same time as staff are able to finalise answers to questions 1 and 2.
19. Questions for the Next Meeting
Cr Fitzpatrick – Whyndam Men’s Shed
In 2013 Council resolved to allow Men’s Shed groups to occupy old RFS sheds and upon lodging occupancy DA’s Council have advised that the sheds be brought up to 2012 Building Code Standards which requires the construction of disabled toilets, this is a cost that the groups were unaware of at the time of taking out the licence, could Council provided with the costs associated to this and advise what type of funding might be available to assist.
The question was taken on notice by the Acting General Manager.
20. Confidential Business
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29/14 |
RESOLVED on the motion of Crs Britten and Seckold That : 1. Council resolve to adjourn into Closed Session to discuss the following confidential items: 9.1 Senior of the Year and 9.2 Young Women’s Scholarship 2014 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 confidential memos 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, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
21. Adoption of reports from Closed Session
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21.1 |
Senior of the Year 2014 |
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RESOLVED on the motion of Crs Mawhinney and Fitzpatrick That the Bega Valley Shire Senior of the Year 2014, as resolved in Closed Session, be announced at the ‘Golden Gig’ on Thursday 20 March 2014. In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
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21.2 |
Young Women's Scholarship 2014 |
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RESOLVED on the motion of Crs Mawhinney and Tapscott That Mikayla Larkham and Kieran Hay be awarded $500 each as the Bega Valley Shire Young Women’s Scholarship recipients for 2014. In favour: Crs Taylor, McBain, Hughes, Seckold, Mawhinney, Fitzpatrick, Britten and Tapscott Against: Nil Absent: Cr Allen |
22. Resolutions to declassify reports considered in closed session
There were no reports to declassify.
Closure
There being no further business, the Chairperson closed the meeting at 3.07pm.
CONFIRMED ........................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 5 March 2014.