Ordinary Meeting Minutes

Held on Wednesday, 16 April 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

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 Yuin and Monaro nations and show our respect to elders past and present.

 

1.

Confirmation of Minutes

49/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 26 March 2014 as circulated, be taken as read and confirmed.

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

Against:           Nil

 

2.

Apologies

 

There were no apologies.

 

3.        Declarations

Pecuniary Interest

Group Manager Planning and Environment, Mr Andrew Woodley, declared a pecuniary interest regarding Item 8.5 Alterations and additions to an existing dwelling-house and regularisation of unauthorised works at 23 Francis Hollis Drive, Tathra, on the basis that the property is his family home. A signed declaration form was tabled by Mr Woodley for inclusion in the Register noting he would depart the meeting room.

Cr Kristy McBain declared a pecuniary interest regarding Item 11.5 Tender 11/14 - Construction of Office & Amenities at Merimbula Waste Transfer Station, on the basis that she is a shareholder in a company that provided a quote to a tenderer.  A signed declaration form was tabled by Cr McBain for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.

Cr Sharon Tapscott declared a pecuniary interest regarding Item 12.2 Communications and Community Engagement review, on the basis that a relative is one of the quoting consultants.  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.

General Manager, Ms Leanne Barnes declared a pecuniary interest regarding Item 12.8 General Managers Performance Agreement, on the basis it concerns her performance agreement.  A signed declaration form was tabled by Ms Barnes  for inclusion in the Register noting she would depart the meeting room.

Non Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 9.3 Formation of sportsground management committees, on the basis that he is Chairperson of the Pambula Sporting Complex.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register noting he would remain in the meeting room and take part in debate or voting.

Cr Britten declared a non-pecuniary interest regarding Item 8.4 Proposed amendment to schedule 4 of Bega Valley Local Environmental Plan 2013 to reclassify certain lands from community to operational land on the basis that he previously was involved in ownership of one allotment.  A signed declaration form was tabled by Cr Britten for inclusion in the Register noting he would remain in the meeting room and take part in debate and voting.

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 16.2 Notice of Motion Pambula Sporting Complex - Funding for Indoor Multipurpose Facility, on the basis that he is Chairperson of the Pambula Sporting Complex.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register noting he would remain in the meeting room and take part in debate or voting.

4.        Deputations (by prior arrangement)

There were no deputations by prior arrangement.

SUSPENSION OF STANDING ORDERS

RESOLVED on the motion of Crs Mawhinney and Tapscott

That Standing Orders be suspended to allow the following persons to address Council:

Regarding Item 8.2 8.2. DA No. 2013.405: Proposed Woolworths supermarket - Montague Street, Young Street and Unnamed Laneway, Bermagui  

·         Ms Nadine Hills on behalf of herself and Mr Edward Hills

·         Mr Geoff Steel

·         Ms Christine Poulton on behalf of Prof Philip Cox

·         Ms Vicki Sherwin on behalf of herself and Mr Leo and Mrs Gloria Sherwin

·         Mr Paul Payten

Regarding Item 15.1 Cr Bill Taylor - Rescission Motion - Pambula Sporting Complex - Funding for Indoor Multipurpose Facility and 16.2.  Cr Bill Taylor - Notice of Motion Pambula Sporting Complex - Funding for Indoor Multipurpose Facility 

·         Mr Mathew Fanning on behalf of Merimbula Squash Club

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

Against:           Nil

Ms Hills addressed the Council.

RESOLVED on the motion of Crs Hughes and Seckold that an extension of two minutes be granted for her to complete her address.

Mr Steel addressed the Council.

Ms Poulton addressed the Council.

Ms Sherwin addressed the Council.

Mr Payten addressed the Council.

Mr Fanning addressed the Council.

The Mayor thanked those persons who addressed the Council.

5.        Petitions

There were no petitions

 

6.        Mayoral Minutes

There were no Mayoral Minutes.

 

7.

Adjournment into Standing Committees

50/14

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

Against:           Nil

2.39 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.

8.1

Draft Bega Valley Shire Council Climate Change Strategy

51/14

RESOLVED on the motion of Crs Seckold and Mawhinney

That Council resolves to exhibit the Draft Bega Valley Shire Council Climate Change Strategy in local media and on Council’s web pages for a minimum period of 28 days.

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

Against:           Nil

 

 

8.2

Proposed Woolworths supermarket - Montague Street, Young Street and Unnamed Laneway, Bermagui

 

The Chair asked for advice from the Group Manager Planning and Environment regarding the addresses to Council.  The Group Manager Planning and Environment advised that no new matters had been raised in the addresses. 

RESOLVED on the motion was of Crs Fitzpatrick and Allen

That the matter be heard today.

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

Against:           Nil

A motion was moved by Crs Fitzpatrick and Allen

1.         That Development Application 2013.405 for the construction of a supermarket and two specialty retail tenancies, carparking, landscaping and associated advertising signage at lots 11-15 Section 8 DP 758095, Montague Street, Young Street and Unnamed Laneway, Bermagui be approved subject to conditions as outlined in the draft consent.

2.       That those persons who made a submission be advised of Council’s decision.

A motion was foreshadowed by Cr Seckold

1.       That Development Application 2013.405 for the construction of a supermarket and two specialty retail tenancies, carparking, landscaping and associated advertising signage at Lots 11-15 Section 8 DP 758095, 1-9 Young Street, Montague Street and Unnamed Laneway, Bermagui be refused for the following reasons:

a.       The proposed development fails to satisfy the B2 Local Centre zone objective “To minimise conflict between land uses on land in the zone and land uses on land in adjoining zones” as the development would be inconsistent with the character of the locality and would not contribute to the seaside amenity and atmosphere of the Bermagui township.

b.       For the purpose of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 (as amended), the proposed development would result in unacceptable impacts on the built environment in terms of view sharing.

c.       Approval of the proposed development would not be in the public interest, for the purpose of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 (as amended), as;

i.        The development fails to provide convenient and direct pedestrian linkages to and from the site to the main shopping area of Lamont Street.

ii.       The development fails to provide reasonable trading and delivery hours to minimise adverse impacts on surrounding development.

2.       That those persons who made submissions be advised of Council’s decision

The motion was put to the vote and it was CARRIED

52/14

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.         That Development Application 2013.405 for the construction of a supermarket and two specialty retail tenancies, carparking, landscaping and associated advertising signage at lots 11-15 Section 8 DP 758095, Montague Street, Young Street and Unnamed Laneway, Bermagui be approved subject to conditions as outlined in the draft consent.

2.       That those persons who made a submission be advised of Council’s decision.

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

Against:            Crs McBain, Hughes, Seckold and Mawhinney

 

8.3

Planning Proposal Residential Zones

53/14

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.       That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as exhibited in the Planning Proposal Residential Zones.

2.       That, using the delegations issued by the Minister for Planning and Infrastructure, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3.       That all those persons who have made submissions be advised of the above.

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

Against:  Crs Hughes and Seckold

 

8.4

Proposed amendment to schedule 4 of Bega Valley Local Environmental Plan 2013 to reclassify certain lands from community to operational land

 

Non Pecuniary Interest

Cr Britten declared a non-pecuniary interest regarding Item 8.4 Proposed amendment to schedule 4 of Bega Valley Local Environmental Plan 2013 to reclassify certain lands from community to operational land on the basis that he previously was involved in ownership of one allotment.  Cr Britten remained in the meeting room and took part in debate and voting.

54/14

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.       That Council prepare a Planning Proposal to amend Schedule 4 Part 1 of the BVLEP 2013 by reclassifying the following lots from ‘Community land’ to ‘Operational land’:

·      Lot 11 DP 735675 Waterloo Creek Road, Brogo

·      Lot 1 DP 1037443 Cnr Imlay & Mitchell Streets, Eden

·      Lot 949 DP 810986 Main Street, Merimbula

·      Lot 299 DP 1151525 Snowy Mountains Highway, Numbugga.

2.       That Council prepare a Planning Proposal to amend Schedule 4 Part 2 of the BVLEP 2013 by reclassifying Lot 14 DP 249924 Moore Wrens Road, Tarraganda from ‘Community land’ to ‘Operational land’.

3.       That the Planning Proposal be forwarded to the Department of Planning for Gateway Panel Determination.

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

Against:           Nil

 

8.5

Alterations and additions to an existing dwelling-house and regularisation of unauthorised works at 23 Francis Hollis Drive, Tathra

 

Pecuniary Interest

Group Manager Planning and Environment, Mr Andrew Woodley declared a pecuniary interest regarding Item 8.5 on the basis the property is his family home

Mr Woodley departed the meeting room.

55/14

RESOLVED on the motion of Crs Allen and Seckold

That Development Application No. 2014.29 for alterations and additions to an existing dwelling-house and regularisation of unauthorised works previously carried out at Lot 21 DP 233032, 23 Francis Hollis Drive, Tathra be approved subject to conditions as outlined in the draft consent attached to this report.

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

Against:           Nil

Mr Woodley returned to the meeting room.

 

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

Council Vacation Care Program, Bega

56/14

RESOLVED on the motion of Crs Mawhinney and Tapscott

1.         That Council operate Vacation Care Services at Bega Valley Public School in 2014/15.

2.         That the funding for the vacation care be by fees applied through cost recovery.

3.         That families accessing Vacation Care are notified of the outcomes.

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

Against:           Nil

 

9.2

NSW Public Library Funding

57/14

RESOLVED on the motion of Crs Allen and Taylor

That Council support the campaign mounted by the NSW Public Library Associations for increased State funding to local government for public libraries by:

1.         Making representation to the local State Member in relation to the need for additional funding from the NSW State Government for the provision of public library services;

2.         Writing to the Hon. George Souris, Minister for the Arts, calling upon the Government to implement the Reforming Public Library Funding submission of the Library Council of NSW in 2012 for the reform of the funding system for NSW public libraries;

3.         Approving the distribution of NSW Public Library Associations campaign information in Council libraries;

4.         Taking a lead role in activating the campaign locally.

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

Against:           Nil

 

9.3

Formation of sportsground management committees

 

Non Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 9.3, on the basis that he is Chairperson of the Pambula Sporting Complex.  Cr Fitzpatrick remained in the meeting room and took part in debate or voting.

A motion was moved by Cr Fitzpatrick and Allen

1.       That the nominees for Council’s Bega Recreation Ground and Wolumla Sportsground Community Management Committees be appointed as detailed in the Confidential memorandum to Councillors.

2.       That the operation of the S355 General Sportsground Committee be the subject of discussion in Councillor workshops with current S355 Sports Committee members and committee members of various sportsgrounds.

A motion was foreshadowed by Cr Britten

1.         That nominees for Council’s seven Sportsground Community Management Committees be appointed as detailed in the Confidential memorandum to Councillors.

2.         That staff carry out further promotion of vacant committee positions and subsequently report the matter to Council for appointment.

3.         That a further report to Council be submitted to establish the operations of the new S355 General Sportsground Committee.

4.         That Council confirm the Councillor delegate/s to the new S355 General Sportsground Committee are (insert names).

5.         That the previous S355 Sport and Recreation Committee be finalised and members receive written thanks and acknowledgement of their contributions.

6.         That Council prepare a media release promoting the new funding model for sports, recreation and asset management plans, which will involve input from users, general community and committees.

7.         That Council workshop the formation of the new S355 General Sportsground Committee with industry stakeholders.

The motion of Crs Fitzpatrick and Allen was put to the vote and it was LOST

In favour:       Crs McBain, Tapscott, Allen and Fitzpatrick

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

A motion was moved by Crs Britten and Taylor

1.         That nominees for Council’s seven Sportsground Community Management Committees be appointed as detailed in the confidential attachment to Councillors.

2.         That staff carry out further promotion of vacant committee positions and subsequently report the matter to Council for appointment.

3.         That a further report to Council be submitted to establish the operations of the new S355 General Sportsground Committee.

4.         That the previous S355 Sport and Recreation Committee be finalised and members receive written thanks and acknowledgement of their contributions.

5.         That Council prepare a media release promoting the new funding model for sports, recreation and asset management plans, which will involve input from users, general community and committees.

6.         That Council workshop the formation of the new S355 General Sportsground Committee with industry stakeholders.

The motion was put to the vote and it was CARRIED

58/14

RESOLVED on the motion of Crs Britten and Taylor

1.         That nominees for Council’s seven Sportsground Community Management Committees be appointed as detailed in the table below.

2.         That staff carry out further promotion of vacant committee positions and subsequently report the matter to Council for appointment.

3.         That a further report to Council be submitted to establish the operations of the new S355 General Sportsground Committee.

4.         That the previous S355 Sport and Recreation Committee be finalised and members receive written thanks and acknowledgement of their contributions.

5.         That Council prepare a media release promoting the new funding model for sports, recreation and asset management plans, which will involve input from users, general community and committees.

6.         That Council workshop the formation of the new S355 General Sportsground Committee with industry stakeholders.

Berrambool Sporting Complex Management Committee

Alan Simpson

Chairman

Merimbula Soccer

Andrew Purcell

Vice Chairman

Merimbula Cricket

Kim Martyn

Secretary

Merimbula Soccer

Peter Treacy

Treasurer

Merimbula Diggers AFL

 

Dickinson Oval Management Committee

 

Gerard Nash

 

Bermagui Cricket Club

Peter Fazey

Chairperson

Sapphire Coast Kennel & Obedience Club

Brian Lewin

Treasurer

Bermagui Cricket Club

Robert Russell

 

Bermagui Breakers AFL

 

George Brown Sportsground Management Committee

 

Peter Steward

President

Community

Don Wilson

Vice President

Eden RL Football Club

Michael Sheppard

Secretary/Treasurer

Community

Neil Baker

 

Eden Minor RL Football Club and Eden Touch Football

Barry Rolfe

 

Eden RL Football Club

Sheldon Wykes

 

Eden RL Football Club

Mark Spink 

 

Eden Cricket Club

 

Pambula Sporting Complex Management Committee

 

Russell Fitzpatrick

Chair

Community

Gail Cummins

Secretary/

Treasurer

Pambula Show Committee

Lisa Kennedy

 

Pambula Pony Club

Brenda Wyse

 

Hockey

Clive Stewart

 

Community

John Cronk

 

Senior Rugby League

Frank Davey

 

Community

Fraser Buchanan

 

Cricket

Gayled Carter

 

Community

John Toomby

 

Sapphire Coast Table Tennis Group

Keryn Smith

 

Minor Rugby League

Steve Centra

 

Lumen Christi

Brian Hammond

 

Pambula AFL

 

Barclay Street Sportsground Eden

 

Karen McCamish

 

Eden Killer Whales Football Club

Tully Symonds

 

Eden Netball

Paul Kirby

 

Eden AFL

Drew Mudaliar

 

Eden Cricket

 

Bega Recreation Ground Committee

 

Garry Arkin

 

Bega RL Club

Dax Kelly

 

Bega Minor RL

John Dedman

 

Bega/Angledale Cricket Club

Kerryn Constable

 

Soccer

John Willington

 

Soccer

Martin Sims

 

Bega/Angledale Cricket Club

Melanie Lockerbie

 

Hockey & Softball

 

Wolumla Recreation Ground Management Committee

 

Wendy Colhoun

 

Sapphire Coast Obedience Club

Nita Quinn

 

Wolumla Pony Club

Luke Adams

 

Wolumla Football Club

Leigh Rogers

 

Far South Coast Hockey

Phillip Summerell

 

Far South Coast Hockey

Chris Hawkins

 

Wolumla Cricket Club

Sheridan Leftwich

 

Sapphire Coast Obedience Club

Sandy Hawkins

 

Wolumla Cricket Club

Blake Rosseland

 

Wolumla Football Club

Deon Constance

 

Wolumla Pony Club

Greg Barrett

 

Community

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

Against:           Crs Allen and Fitzpatrick

4.02 pm The Chairperson called for a brief adjournment

4.10 pm The meeting reconvened.

10.      Staff Reports – Economic (Enterprising)

There were no Economic (Enterprising) 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

Water Supply and Sewerage Strategic Business Plan

59/14

RESOLVED on the motion of Crs Mawhinney and Taylor

1.         That Council adopt the March 2014 Water Supply and Sewerage Strategic Business Plan.

2.         That the 2014 Water Supply and Sewerage Strategic Business Plan be submitted to the NSW Office of Water for their concurrence.

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

Against:           Nil

 

11.2

Bega and Brogo Rivers Flood Study at Bega Final Report Findings

60/14

RESOLVED on the motion of Crs Mawhinney and McBain

1.         That Council note the recommendations and findings of the Bega and Brogo Rivers Flood Study.

2.         That the Flood Study be used as the technical reference in developing the future floodplain risk management study and floodplain risk management plan for the Bega and Brogo River catchments.

3.         That the Bega and Brogo Rivers Flood Study be published Council’s website.

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

Against:           Nil

 

11.3

Management Models Merimbula Airport

 

A motion was moved by Crs Britten and McBain

1.         That Council approve the removal of leases from the Airport Operating Lease and proceed in accordance with Council’s property leasing procedure to establish direct leasing with existing tenants.

2.         That Council continue negotiations with Airport Agencies for the orderly transition to the future airport management model for the 2014/15 financial year.

3.         That in finalising models for the 2015/16 year Council research the Direct Management Model with the current lessee in relation to his knowledge of the operations, and other local government bodies in NSW utilising best practice in airport management and operations.

4.         That Council nominate two or three Councillors to join with the General Manager and staff to re-enter negotiations with Rex and QANTAS Link for the future use and growth of air routes to Merimbula as part of its investigation into the Direct Management Model and with the objective of growing affordable passenger services to and from Merimbula.

 

A motion was foreshadowed by Cr Allen

1.         That Council approve the removal of leases from the Airport Operating Lease and proceed in accordance with Council’s property leasing procedure to establish direct leasing with existing tenants.

2.         That Council continue negotiations with Airport Agencies for the orderly transition to the future airport management model for the 2014/15 financial year.

3.         That in finalising models for the 2015/16 year Council research the Direct Management Model with the current lessee in relation to his knowledge of the operations, and other local government bodies in NSW utilising best practice in airport management and operations.

4.         That Council nominate the Mayor and Deputy Mayor to join with the General Manager and staff to re-enter negotiations with Rex and QANTAS Link for the future use and growth of air routes to Merimbula with the objective of growing affordable passenger services to and from Merimbula.

The motion was put to the vote and it was LOST

In favour:       Crs Taylor, Britten, McBain and Mawhinney

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

 

A motion was moved by Crs Allen and Tapscott

1.         That Council approve the removal of leases from the Airport Operating Lease and proceed in accordance with Council’s property leasing procedure to establish direct leasing with existing tenants.

2.         That Council continue negotiations with Airport Agencies for the orderly transition to the future airport management model for the 2014/15 financial year.

3.         That in finalising models for the 2015/16 year Council research the Direct Management Model with the current lessee in relation to his knowledge of the operations, and other local government bodies in NSW utilising best practice in airport management and operations.

4.         That Council nominate the Mayor and Deputy Mayor to join with the General Manager and staff to re-enter negotiations with Rex and QANTAS Link for the future use and growth of air routes to Merimbula with the objective of growing affordable passenger services to and from Merimbula.

The motion was put to the vote and it was CARRIED

61/14

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Council approve the removal of leases from the Airport Operating Lease and proceed in accordance with Council’s property leasing procedure to establish direct leasing with existing tenants.

2.         That Council continue negotiations with Airport Agencies for the orderly transition to the future airport management model for the 2014/15 financial year.

3.         That in finalising models for the 2015/16 year Council research the Direct Management Model with the current lessee in relation to his knowledge of the operations, and other local government bodies in NSW utilising best practice in airport management and operations.

4.         That Council nominate the Mayor and Deputy Mayor to join with the General Manager and staff to re-enter negotiations with Rex and QANTAS Link for the future use and growth of air routes to Merimbula with the objective of growing affordable passenger services to and from Merimbula.

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

Against:           Crs Britten, Hughes and Mawhinney

 

11.4

Bega Valley Local Traffic Committee Meeting 2 April 2014

62/14

RESOLVED on the motion of Crs Allen and McBain

Merimbula 10km Fun Run and 5km Fun Run/Walk – 25 May 2014

8   Recommendation:

1.  That, subject to conditions, sections of the following Council roads be temporarily closed from 8am to 12pm on Sunday, 25 May 2014  for the Merimbula Fun Run:

a) One lane of Ocean Drive, Merimbula from Ford Oval to the Fishpen Road intersection;

b) Fishpen Road, Merimbula between the Ocean Drive and Market Street intersections;

c) One lane of Market Street, Merimbula between the Fishpen Road and Beach Street intersections;

d) One lane of Beach Street, Merimbula between the Market Street and Main Street intersections;

e)          One lane of Main Street, Merimbula between the Beach Street and Lake Street intersections;

f) Full closure of Lake Street, Merimbula between the Main Street intersection and the Merimbula Wharf.

2.  That the proposed traffic arrangements for the Merimbula Fun Run on Sunday, 25

 May 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.

5.  That organisers provide a copy of 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 provide written Police approval prior to conducting the event.

In Favour:   Russell Fitzpatrick, Karl Brough, Ken Sullivan, Dale Abbott and Brad

                   Shoveller

Against:      Nil

Absent:       Nil

The recommendation was thus made with unanimous support.

Bega Pony Club Parade – 24 April 2014

8   Recommendation:

Bega Pony Club has been given the approval for the use of public land under the Single events and ceremonies certification on the 28 April, 2010 that is valid for 5 years. The special condition states that the street parade be conducted as a Class 4 Special Event under the direct control and management of Police.

In Favour:   Russell Fitzpatrick, Karl Brough, Ken Sullivan, Dale Abbott and

                    Brad Shoveller

Against:      Nil

Absent:       Nil

The recommendation was thus made with unanimous support.

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

Against:           Nil

 

11.5

Tender 11/14 - Construction of Office & Amenities at Merimbula Waste Transfer Station

 

Pecuniary Interest

Cr Kristy McBain declared a pecuniary interest regarding Item 11.5 Tender 11/14 - Construction of Office & Amenities at Merimbula Waste Transfer Station, on the basis that she is a shareholder in a company that provided a quote to a tenderer. 

04:27 pm    Cr McBain left the meeting.

RESOLVED on the motion of Crs Allen and Seckold

1.       That Council accept the tender as outlined in the confidential memo provided to Councillors with the name and amount to be released on adoption.

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

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

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

Against:           Nil

ABSENT:            Cr McBain

63/14

RESOLVED on the motion of Crs Hughes and Britten

1.         That Council accept the tender G J and C Clarke at a lump sum price of $152,343 (including GST) plus prime cost items.

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

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

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

Against:           Nil

ABSENT:            Cr McBain

04:28 pm         Cr McBain returned to the meeting.

 

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

Loan Borrowing Program

 

 

64/14

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Council accept the offer of the provision of the loan totalling $5,000,000 from ANZ Bank as outlined in the memo to Council dated 16th April 2014 provided that it remains the lowest rate at the time of acceptance of the loan, at an indicative annual interest rate of 5.17% repayable by half yearly instalments of principal and interest in arrears, and that Council authorise the Mayor and General Manager to execute all relevant documentation.

2.         That should the ANZ Bank’s offer not remain the lowest at the time of acceptance of the loan, that Council accept the offer of the provision of the loan totalling $5,000,000 from whichever of the six (6) financial institutions is the lowest at that point, repayable by half yearly instalments of principal and interest in arrears, and that Council authorise the Mayor and General Manager to execute all relevant documentation.

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

Against:           Nil

 

12.2

Communications and Community Engagement review

 

Pecuniary Interest

Cr Sharon Tapscott declared a pecuniary interest regarding Item 12.2 Communications and Community Engagement review, on the basis that a relative is one of the quoting consultants.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register

04:30 pm    Cr Tapscott departed the meeting room

RESOLVED on the motion of Crs Taylor and McBain

1.         That Council accept the quote in relation to services required for the communications and community engagement review as outlined in the confidential memo provided to Councillors with the name and amount to be released on adoption.

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

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

Against:           Nil

Absent:            Cr Tapscott

65/14

RESOLVED on the motion of Crs Mawhinney and Seckold

1.     That Council accept the quote of Two Cents Group at the price of $11,979 (including GST).

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

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

Against:           Nil

Absent:            Cr Tapscott

04:33 pm       Cr Tapscott returned to the meeting room.

 

12.3

Community Engagement and Communications Reference Group

66/14

RESOLVED on the motion of Crs Taylor and Seckold

That the matter be deferred from the Ordinary Council Meeting 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 items concerned:- 

a)      personnel matters concerning particular individuals (other than councillors),

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

Against:           Cr Hughes

 

12.4

Land Acquisition for sewage pump station - Stringybark Place, Millingandi

67/14

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.         That Council authorise the acquisition of land being Lot 100 DP 1192435 for the purpose of a sewage pump station.

2.         That the acquisition be for the consideration of $24,000, in accordance with the Opteon Valuation Report of 29 November 2011.

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

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

Against:           Nil

 

12.5

Australian Local Government Association National Conference - attendance and call for nominations

68/14

RESOLVED on the motion of Crs Seckold and Tapscott

That Council submit the following motion to the Australian Local Government National General Assembly:

Cr Seckold – Affordable Housing

Motion 

That the Federal Government develop a co-ordinated approach with all levels of government to the provision of affordable housing for all including those with a disability.

National Objective 

Availability of affordable housing is a concern shared by all levels of government. The Federal Government needs to provide leadership for both State & local government.

Summary of Key Arguments

2006 Census figures showed 208 homeless families in the Bega Valley. The Shire has the highest rate of homelessness in South East NSW. 21% of the homeless people were teenagers aged 12 to 18 and 10% were young adults aged 19 to 24.

A Sleep Out on April 9th in the local gardens by the Youth Council is to emphasise the importance of housing stability for young people and raise awareness about the issue.

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

Against:           Nil

 

12.6

Women in Sport - promotion by Bega Valley Shire Council

69/14

RESOLVED on the motion of Crs McBain and Seckold

1.         That Bega Valley Shire Council undertakes to promote women in sport by improved access, participation and equity for women and girls.

2.         That Bega Valley Shire Council participates in the Local Government Women in Sport Equity Program, and becomes a member of Womensport NSW.

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

Against:           Nil

 

 

 

12.7

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

70/14

RESOLVED on the motion of Crs Allen and Britten

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

Against:           Nil

 

12.8

General Managers Performance Agreement

 

Pecuniary Interest

The General Manager, Ms Leanne Barnes, declared a Pecuniary Interest in regard to Item 12.8 on the basis it concerned her performance agreement.

4.39 pm The General Manager departed the meeting room

71/14

RESOLVED on the motion of Crs Taylor and Britten

The the matter be deferred from the Ordinary Council Meeting 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 item concerned:- 

a)      personnel matters concerning particular individuals (other than councillors),

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

Against:           Crs McBain, Hughes, Allen and Fitzpatrick

4.41 pm      The General Manager returned to the meeting room.

4.41 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

72/14

RESOLVED on the motion of Crs Britten and McBain

That all motions recorded in the Standing Committees, including votes for and against, and be adopted in and by the Ordinary Council Meeting, apart from Items:

·         8.5 Alterations and additions to an existing dwelling-house and regularisation of unauthorised works at 23 Francis Hollis Drive, Tathra,

·         8.4 Proposed amendment to schedule 4 of Bega Valley Local Environmental Plan 2013 to reclassify certain lands from community to operational land

·         9.3 Formation of sportsground management committees

·         11.5 Tender 11/14 - Construction of Office & Amenities at Merimbula Waste Transfer Station.

·         12.2 Communications and Community Engagement review, on the basis that a relative is one of the quoting consultants. 

8.5 Alterations and additions to an existing dwelling-house and regularisation of unauthorised works at 23 Francis Hollis Drive, Tathra

Group Manager Planning and Environment, Mr Andrew Woodley declared a pecuniary interest regarding Item 8.5 on the basis the property is his family home

Mr Woodley departed the meeting room.

RESOLVED on the motion of Crs Mawhinney and Allen

That Development Application No. 2014.29 for alterations and additions to an existing dwelling-house and regularisation of unauthorised works previously carried out at Lot 21 DP 233032, 23 Francis Hollis Drive, Tathra be approved subject to conditions as outlined in the draft consent attached to this report.

IN FAVOUR:       Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

AGAINST:           Nil

Mr Woodley returned to the meeting room.

8.4 Proposed amendment to schedule 4 of Bega Valley Local Environmental Plan 2013 to reclassify certain lands from community to operational land

Cr Britten declared a non-pecuniary interest in Item 8.4, he remained in the meeting room and took part in debate and voting.

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.       That Council prepare a Planning Proposal to amend Schedule 4 Part 1 of the BVLEP 2013 by reclassifying the following lots from ‘Community land’ to ‘Operational land’:

·      Lot 11 DP 735675 Waterloo Creek Road, Brogo

·      Lot 1 DP 1037443 Cnr Imlay & Mitchell Streets, Eden

·      Lot 949 DP 810986 Main Street, Merimbula

·      Lot 299 DP 1151525 Snowy Mountains Highway, Numbugga.

2.       That Council prepare a Planning Proposal to amend Schedule 4 Part 2 of the BVLEP 2013 by reclassifying Lot 14 DP 249924 Moore Wrens Road, Tarraganda from ‘Community land’ to ‘Operational land’.

3.       That the Planning Proposal be forwarded to the Department of Planning for Gateway Panel Determination.

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

Against:           Nil

9.3 Formation of sportsground management committees

Cr Fitzpatrick declared a non-pecuniary interest regarding item 9.3, he remained in the meeting room taking part in debate and voting on the matter.

RESOLVED on the motion of Crs Mawhinney and McBain

1.         That nominees for Council’s seven Sportsground Community Management Committees be appointed as detailed in the table detailed in item 9.3 in the standing committee meeting.

2.         That staff carry out further promotion of vacant committee positions and subsequently report the matter to Council for appointment.

3.         That a further report to Council be submitted to establish the operations of the new S355 General Sportsground Committee.

4.         That the previous S355 Sport and Recreation Committee be finalised and members receive written thanks and acknowledgement of their contributions.

5.         That Council prepare a media release promoting the new funding model for sports, recreation and asset management plans, which will involve input from users, general community and committees.

6.         That Council workshop the formation of the new S355 General Sportsground Committee with industry stakeholders.

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

Against:           Crs Allen and Fitzpatrick

11.5 Tender 11/14 - Construction of Office & Amenities at Merimbula Waste Transfer Station

Cr Kristy McBain declared a pecuniary interest regarding Item 11.5 Tender 11/14 - Construction of Office & Amenities at Merimbula Waste Transfer Station, on the basis that she is a shareholder in a company that provided a quote to a tenderer.

Cr McBain left the meeting room

RESOLVED on the motion of Cr Allen and Tapscott

1.         That Council accept the tender G J and C Clarke at a lump sum price of $152,343 (including GS) plus prime cost items.

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

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

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

Against:           Nil

ABSENT:            Cr McBain

Cr McBain returned to the meeting room.

12.2  Communications and Community Engagement review

Cr Tapscott declared a pecuniary interest on the base that a relative that was one of the tenderers

Cr Tapscott left the meeting room.

RESOLVED on the motion of Crs Mawhinney and Seckold

1.     That Council accept the quote of Two Cents Group at the price of $11,979 (including GST)

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

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

Against:           Nil

Absent:            Cr Tapscott

Cr Tapscott returned to the meeting room.

14.      Delegates Reports

 

14.1

2014 Australian Coastal Conference

 

Cr Britten’s delegates report on the 2014 Australian Coastal Conference formed part of the Agenda for this meeting.

Cr Britten encourage Councillors to attend the next Sea Change Annual Conference.

RESOLVED on the motion of Crs Tapscott and Mawhinney

That the report be noted.

 

14.2

Delegates Report - LG NSW Tourism Conference

 

Cr Tapscott’s delegates report on the 2014 LG NSW Tourism Conference formed part of the Agenda for this meeting.

Cr Tapscott spoke to her report in particular the matter of large recreational vehicles and facilities for camping by these vehicles in the shire.  Cr Tapscott also noted that Bega Valley Shire Council was not mentioned in the NSW Goldfields Trails publication.

RESOLVED on the motion of Crs Tapscott and McBain

That the report be noted.

 

14.3

ALGWA Annual Conference 2014

 

Cr Seckold’s delegates report on the 2014 ALGWA Annual Conference formed part of the Agenda for this meeting.

Cr Seckold spoke to her report and highlighted items “ Older Women Matter in Local Government” and the General Manager’s Panel.  She noted the positive attitude of the Broken Hill community and the pride in the appearance of their town.

RESOLVED on the motion of Crs Seckold and Mawhinney

That the report be noted.

 

15.      Rescission/alteration Motions

 

15.1

Rescission Motion - Pambula Sporting Complex - Funding for Indoor Multipurpose Facility

73/14

RESOLVED on the motion of Crs Taylor and Hughes

That Council rescind the motion 11.1 Pambula Sporting Complex - Funding for Indoor Multipurpose Facility of 26 March 2014:

“That Council Construct multipurpose courts at the Pambula Sporting Complex at an estimated cost of $510,000.”

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

Against:           Crs McBain, Tapscott, Allen and Fitzpatrick

 

16.      Notices of Motion

 

16.1

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

74/14

RESOLVED on the motion of Crs Britten and Allen

That Council resolve to rezone Lots 33 and 34 DP243029 Tura Beach Drive, Tura Beach to a B5 Business Development Zone.

In favour:       Crs Britten, McBain, Tapscott, Allen and Fitzpatrick

Against:           Crs Taylor, Hughes, Seckold and Mawhinney

 

 

 

 

 

16.2

Notice of Motion Pambula Sporting Complex - Funding for Indoor Multipurpose Facility

 

Non Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 16.2 Notice of Motion Pambula Sporting Complex - Funding for Indoor Multipurpose Facility, on the basis that he is Chairperson of the Pambula Sporting Complex.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register noting he would remain in the meeting room and take part in debate or voting.

 

A motion was moved by Crs Taylor and Britten

That Council consider construction of sporting facilities, including squash courts at Pambula, after receiving a report on the Pambula Sporting Complex Masterplan (including an asset management plan) in the terms of Council resolution 146/12 of 1 May 2012.

Cr Fitzpatrick foreshadowed a motion regarding future funding allocations.

Cr Britten raised a point of order that a motion cannot be foreshadowed on a Notice of Motion

The motion was put to the vote and it was CARRIED

75/14

RESOLVED on the motion of Crs Taylor and Britten

That Council consider construction of sporting facilities, including squash courts at Pambula, after receiving a report on the Pambula Sporting Complex Masterplan (including an asset management plan) in the terms of Council resolution 146/12 of 1 May 2012.

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

Against:           Crs McBain, Tapscott, Allen and Fitzpatrick

 

17.      Urgent Business

There was no Urgent Business

 

18.      Questions On Notice

 

18.1

South East Fibre Exports (SEFE) Woodchip Mill Operations

 

A response to Cr Hughes question regarding SEFE was provided in the Agenda for this meeting.

 

19.      Questions for the Next Meeting

19.1

Recreational Vehicle Parking and dump points

 

Cr Kristy McBain asked could a report be prepared on the development of Recreational Vehicle Parking sites and commercial dump points or shire dump points within Bega Valley Shire.

The question was taken on notice by Taken on notice by Group Manager Infrastructure Waste and Water

 

19.2

Access to Chandos Street Car Park Eden

 

Cr Sharon Tapscott asked could  Council investigate the opportunity to arrange vehicle access to the Council car park in Eden via Chandos Street

The question was taken on notice by Taken on notice by Group Manager Infrastructure Waste and Water

 

20.      Confidential Business

 

Adjournment Into Closed Session

76/14

RESOLVED on the motion of Crs Mawhinney and Tapscott

1.       The following items be deferred from the Ordinary Council Meeting 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 items concerned:- 

a)      personnel matters concerning particular individuals (other than councillors),

·                12.3   Community Engagement and Communications Reference Group

·                12.8   General Managers Performance Agreement

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).

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

Against:           Nil

 

21.      Adoption of reports from Closed Session

 

21.1

Community Engagement and Communications Reference Group

77/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That the following persons be appointed to the Community Engagement and Communications Reference Group:

·         Susan MacGillivray

·         Veronica Coen

·         Anthony Ovington

·         Fraser Buchanan

·         Jan Aveyard

·         Stephen Salt

·         Kara Dunn

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

Against:           Nil

 

21.2

General Managers Performance Agreement

 

The General Manager, Ms Leanne Barnes, declared a Pecuniary Interest in regard to Item 12.8 on the basis it concerned her performance agreement.

The General Manager departed the meeting room

 

78/14

RESOLVED on the motion of Crs Britten and Allen

1.       That Council having considered:

·         The Office of Local Government Guidelines for Appointment and Oversight of General Managers, and

·         The previous experience of Council in conducting General Manager’s Performance Reviews, and

·         Following consultation with the current General Manager, and

·         In Council’s commitment to open governance

          That all Councillors be appointed to the General Manager’s Performance Review Panel.

2.       That a suitability qualified facilitator be appointed to assist the  General Manager’s Performance Review Panel.

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

Against:           Nil

 

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 6.17 pm.

 

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

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 16 April 2014.