Ordinary Meeting Minutes

Held on Wednesday, 7 May 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

 In Attendance

General Manager, Ms Leanne Barnes

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Acting Group Manager Planning and Environment, Mr Keith Tull

Acting Group Manager Community and Relationships, Mr Simon Schweitzer

Business and Technology Manager, Mr Lucas Scarpin

Workforce and Administration, Manager, Ms Nina Churchward

Minute Secretary, 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

79/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 16 April 2014 as circulated, be taken as read and confirmed.

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

Against:           Nil

Absent:            Cr Tapscott

 

2.

Apologies

80/14

RESOLVED on the motion of Crs Allen and Seckold

That an apology from Cr Tapscott be accepted for her inability to attend the meeting

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

Against:           Nil

Absent:            Cr Tapscott.

 

3.   Declarations

Pecuniary Interest

Cr McBain declared a pecuniary interest regarding Item 8.2 Erection of a dwelling and attached garage - Lot 10 DP 1008234, 3 Kookaburra Court, Tura Beach, on the basis that she is the owner of the land.  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 Mawhinney declared a pecuniary interest regarding Item 20.1 Sapphire Aquatic Centre Staffing Structure, on the basis that a family member may be affected by the decision.  A signed declaration form was tabled by Cr Mawhinney for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.

Manager Business and Technology, Mr Scarpin declared a pecuniary interest regarding Item 20.1 Sapphire Aquatic Centre Staffing Structure, on the basis that a family member is an employee of Sapphire Aquatic Centre.  A signed declaration form was tabled by Mr Scarpin for inclusion in the Register, noting he would depart the meeting room, taking no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

 

Suspension of Standing Orders

81/14

RESOLVED on the motion of Crs Mawhinney and Seckold

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

Regarding Item 8.1 Pambula and South Pambula Urban Land Review

·    Mr David Bothamley of Caddey, Searl and Jarmen on behalf of a number of clients.

 

 

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

Against:           Nil

Absent:            Cr Tapscott

Mr Bothamley addressed Council and responded to questions from Councillors.

RESOLVED on the motion of Crs Mawhinney and Seckold that an extension of time of two minutes be granted to Mr Bothamley to complete his address.

The Mayor thanked Mr Bothamley for his address.

 

5.        Petitions

 

5.1

Eden Cove Residents Group - North Curalo Walking Track

 

Cr Fitzpatrick tabled a submission from the Eden Cove Residents regarding North Curalo Walking Track containing 16 annexures.

 

6.        Mayoral Minute/Statement

6.1

Mayoral Statement re Proposed Rescission Motion - Proposed Woolworths supermarket - Montague Street, Young Street and Unnamed Laneway, Bermagui DA 2013.405   

 

Three Councillors lodged a rescission motion on Wednesday 30 April 2014 in regard to the resolution of Council of 16 April 2014

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.

Council’s Code of Meeting Practice states:

23. Rescinding or Altering Resolutions

23.1 A resolution may not be altered or rescinded except by a motion to that effect of which notice has been given.
LGA S372

If it is proposed to move a further motion on the same matter in the event that a rescission motion is carried, notice must also be given of the proposed further motion at the time that notice is given of the alteration or rescission motion.

23.2 If a notice of motion to rescind or alter a resolution is given:-

§   at the meeting at which the resolution is carried, the resolution must not be carried into effect until the motion of rescission has been dealt with; or

§   at any time after the meeting at which the resolution is carried, no further action to carry the resolution into effect may be taken after receipt of the notice of rescission until it has been dealt with.

In the case of a motion of alteration the requirement for no action or no further action to carry the resolution into effect only applies to that part of the motion affected by the motion of alteration, if it were to be carried.
LGA S372

23.3 A notice of motion to alter or rescind a resolution must be signed by at least three Councillors if less than three months has elapsed since the resolution was passed.
LGA S372

23.4 A notice of motion which has the same effect as a motion which has been negatived by the Council must be signed by at least three Councillors if less than three months has elapsed since the motion was negatived.
LGA S372

23.5 If a motion which proposed:-

§   the alteration or rescission of a resolution; or

§   having the same effect as a motion which has previously been negatived

§   is negatived no similar motion may be brought forward within three months.

This sub-clause cannot be evaded by substituting a motion worded differently but being the same in principle.
LGA S372

23.6 A motion to which this clause of the Code applies may be moved on the report of a Council committee and any such report must be recorded in the minutes.
LGA S372

23.7 The provisions of this clause of the Code relating to negatived motions do not apply to motions of adjournment.
LGA S372

23.8 Notices of rescission should be foreshadowed at the meeting at which the original resolution was determined or received within three days after publication of the draft minutes.  This is to prevent the resolution being enacted prior to consideration of the rescission motion.

The lodgement of the rescission motion was not within the timeframes required by Council’s Code of Meeting Practice.  Accordingly Council staff have proceeded with action from the resolution and consent has been issued to the applicant.

Legal advice has been sought regarding the validity of the rescission motion and the following legal opinion has been provided:

“The Notice of Motion to rescind or alter the resolution is ineffective because no further action to carry the resolution into effect needed to be taken as a consent notice had been sent and acknowledged”

7.

Adjournment into Standing Committees

82/14

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, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Tapscott

2.16 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

Pambula and South Pambula Urban Land Review-outcomes and recommendations

 

The Chairperson sought advice from the Acting Group Manager Planning and Environment regarding matters that raised in the address to Council required deferment of the matter.

Advice was given that if the matter was dealt with today and if agreed by the Minister for Planning, there would be an exhibition of the subject properties identified in accordance with the adopted recommendations.

RESOLVED on the motion of Crs Allen and Fitzpatrick

That the matter be dealt with today.

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

Against:           Crs Hughes and Seckold

Absent:            Cr Tapscott

 

RESOLVED on the motion of Crs Fitzpatrick and Taylor

That the items be dealt with separately. 

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

Against:           Nil

Abstained:      Cr Hughes

Absent:            Cr Tapscott

 

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council make the following amendments to Bega Valley Local Environmental Plan 2013:

1.       Lots 1 and 2 DP68708, Lots 102 and 103 DP734647, Lots 16-22 DP792850, Lots 10-13 DP1114693, Lots 1-3, 10, 12-14, 15-19 Section 14 DP758825, Lot 1 DP198435, Lot 23 DP803543, Lots 8 and 9 DP997160 and Lot 10 DP734647 be zoned R2 Low Density Residential with a minimum allotment size of 550m².

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

Against:           Cr Hughes

Absent:            Cr Tapscott

 

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council make the following amendments to Bega Valley Local Environmental Plan 2013:

2.       Lot 529 DP1007936, Lots 1-3, 16-19 Section 45 DP758825 and Lots 1-4, 19-22 Section 46 DP758825 be zoned E4 Environmental Living with a 2 hectare minimum allotment size.

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

Against:           Cr Seckold

Absent:            Cr Tapscott

 

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council make the following amendments to Bega Valley Local Environmental Plan 2013:

3.       Lots 1 and 2 DP197622, Lots 1 and 2 DP997328, Lots 1 and 2 DP195811, Lot 15 DP1022752, Lot 1 DP794830, Lots 1 and 2 DP794726, Lot 533 DP849212, Lot 510 & 511 DP877207, Part Lot 11 and Lot 12 DP1076297 and Part Lot 321 DP1098908 identified in Map 4 as Area 3 be rezoned to part RU2 Rural Landscape and part R2 Low Density Residential. Those lands to be zoned R2 shall have the Floor Space Ratio Maps be amended to incorporate 0.5:1 and Minimum Allotment Size Maps be amended to incorporate a minimum allotment size of 550m².

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

Against:           Nil

Absent:            Cr Tapscott

 

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council make the following amendments to Bega Valley Local Environmental Plan 2013:

4.       Lot 302 DP749405 be zoned part R5 Large Lot residential with a 3,000m² minimum allotment size and E4 Environmental Living with a 2 hectare minimum allotment size.

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

Against:           Nil

Absent:            Cr Tapscott

 

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council make the following amendments to Bega Valley Local Environmental Plan 2013:

5.       Lot 9 DP700570 and Lot 10 DP563110 be zoned R2 Low Density Residential, that the Floor Space Ratio Map be amended so both allotments reflect a ratio of 0.5:1 and that the Minimum Allotment Size Map be amended so both allotments have a minimum allotment size of 550m².

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

Against:           Cr Hughes

Absent:            Cr Tapscott

 

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council make the following amendments to Bega Valley Local Environmental Plan 2013:

6.     Lots 451-453 DP747031 and Part Lot 1 DP 1088971 be zoned E4 Environmental Living with a 1 hectare Minimum Allotment Size, noting the ability of have lot averaging.

 

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

Against:           Cr Hughes

Absent:            Cr Tapscott

 

RESOLVED on the motion of Crs Fitzpatrick and Allen

7.     That Council proceed with a Planning Proposal for those lands identified above as Areas 1 to 6, and, if agreed by the Minister for Planning, exhibit the subject properties identified in accordance with the adopted recommendations.

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

Against:           Cr Hughes

Absent:            Cr Tapscott

 

RESOLVED on the motion of Crs Fitzpatrick and Allen

8.     That Council notify the owner of Lot 711 DP 1128593 that they do not support a rezoning to R5, however Council does support in principle a E4 Environmental Living zone with the Minimum Allotment Size to be determined by the Planning Proposal process.

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

Against:           Cr Hughes

Absent:            Cr Tapscott

83/14

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.     That Council make the following amendments to Bega Valley Local Environmental Plan 2013:

1.1.    Lots 1 and 2 DP68708, Lots 102 and 103 DP734647, Lots 16-22 DP792850, Lots 10-13 DP1114693, Lots 1-3, 10, 12-14, 15-19 Section 14 DP758825, Lot 1 DP198435, Lot 23 DP803543, Lots 8 and 9 DP997160 and Lot 10 DP734647 be zoned R2 Low Density Residential with a minimum allotment size of 550m².

1.2.    Lot 529 DP1007936, Lots 1-3, 16-19 Section 45 DP758825 and Lots 1-4, 19-22 Section 46 DP758825 be zoned E4 Environmental Living with a 2 hectare minimum allotment size.

1.3.    Lots 1 and 2 DP197622, Lots 1 and 2 DP997328, Lots 1 and 2 DP195811, Lot 15 DP1022752, Lot 1 DP794830, Lots 1 and 2 DP794726, Lot 533 DP849212, Lot 510 & 511 DP877207, Part Lot 11 and Lot 12 DP1076297 and Part Lot 321 DP1098908 identified in Map 4 as Area 3 be rezoned to part RU2 Rural Landscape and part R2 Low Density Residential. Those lands to be zoned R2 shall have the Floor Space Ratio Maps be amended to incorporate 0.5:1 and Minimum Allotment Size Maps be amended to incorporate a minimum allotment size of 550m².

1.4.    Lot 302 DP749405 be zoned part R5 Large Lot residential with a 3,000m² minimum allotment size and E4 Environmental Living with a 2 hectare minimum allotment size.

1.5.    Lot 9 DP700570 and Lot 10 DP563110 be zoned R2 Low Density Residential, that the Floor Space Ratio Map be amended so both allotments reflect a ratio of 0.5:1 and that the Minimum Allotment Size Map be amended so both allotments have a minimum allotment size of 550m².

1.6.    Lots 451-453 DP747031 and Part Lot 1 DP1088971 be zoned E4 Environmental Living with a 2 hectare Minimum Allotment Size.

2.       That Council proceed with a Planning Proposal for those lands identified above as Areas 1.1 to 1.6, and, if agreed by the Minister for Planning, exhibit the subject properties identified in accordance with the adopted recommendations.

3.       That Council notify the owner of Lot 711 DP1128593 that they to do not support a rezoning to R5, however Council does support in principle a E4 zone with a lot size of between 5-10ha.

 

8.2

Erection of a dwelling and attached garage - Lot 10 DP 1008234, 3 Kookaburra Court, Tura Beach

 

Cr McBain declared a pecuniary interest regarding Item 8.2 Erection of a dwelling and attached garage - Lot 10 DP 1008234, 3 Kookaburra Court, Tura Beach, on the basis that she is the owner of the land.  She departed the meeting room, taking no part in debate or voting on this item.

03:02 pm    Cr McBain left the meeting.

84/14

RESOLVED on the motion of Crs Allen and Hughes

That Development Application No. 2014.98 for the construction of a dwelling house and attached garage at Lot 10 DP 1008234, 3 Kookaburra Court, Tura Beach be approved subject to conditions as outlined in the draft consent attached to this report.

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

Against:           Nil

Absent:            Crs McBain and Tapscott

03:02 pm             Cr McBain returned to the meeting.

 

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

Memorandum of Understanding with Local Aboriginal Lands Councils and Welcome to Country Protocol

85/14

RESOLVED on the motion of Crs Allen and Mawhinney

1.       That Council confirm its commitment to the principals and obligations set out in the Memorandum of Understanding between Council and the Bega, Eden and Merriman’s Lands Councils.

2.       That Council adopt revisions to the Aboriginal Welcome to Country protocols, 2014.

3.       That the Chairpersons of the Local Aboriginal Lands Councils be advised of Council’s decisions.

4.       That a formal signing of the documents be arranged to coincide with a Council meeting.

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

Against:           Nil

Absent:            Cr Tapscott

 

The new acknowledgement was read by the Mayor:

On behalf of Bega Valley Shire Council I acknowledge, the Traditional Custodians of the lands and waters of the shire – the people of Yuin nation and show our respect to elders past and present.

10.      Staff Reports – Economic (Enterprising)

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

10.1

Finalisation of the compulsory acquisition of the historically proposed Merimbula Cultural Centre site

86/14

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.       That Council retain Lot 1 DP 1004805 and through the Division of Local Government write to the NSW Treasurer seeking a waiver of compensation and statutory interest.

2.       That the Mayor and/or General Manager be authorised to execute the necessary documents and that if required, Council authorise its Seal to be affixed to any such documents, under the signature of the Mayor and General Manager.

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

Against:           Nil

Absent:            Cr Tapscott

 

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

Main Road 272 - Outstanding Road Action

87/14

RESOLVED on the motion of Crs Taylor and Britten

1.         That Council approve the lodgement of a road closure application to formally close proposed Lot 4 of unregistered plan of subdivision of Lots 4, 5, 6, 7 & 8 of DP 1172933, Lot 3 in DP 592304, Lot 4 in DP 1094928 and road closing under the Roads Act 1993.

2.         That Council approve the transfer of proposed Lot 4 of unregistered plan of subdivision of Lots 4, 5, 6, 7 & 8 of DP 1172933, Lot 3 in DP 592304, Lot 4 in DP 1094928 and road closing under the Roads Act 1993 to Mr G E Williams for nil consideration upon formal closure and issue of Title.

3.         That the Mayor and General Manager be authorised to execute the necessary documents and that if required, Council authorise its Seal to be affixed to any such documents, under the signature of the Mayor and General Manager. 

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

Against:           Nil

Absent:            Cr Tapscott

 

11.2

Classification of land acquired at Cobargo

88/14

RESOLVED on the motion of Crs Britten and Taylor

1.         That Council note that a 28 day public notification process was completed on 18 April 2014 regarding the proposal to classify land to be acquired at Cobargo as operational land, with no submissions received.

2.         That Council now resolve to classify Lot 1 DP 1133917 at Cobargo as operational land under Section 31 of the Local Government Act 1993.

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

Against:           Nil

Absent:            Cr Tapscott

 

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

Establishment of Eden Port project control group

89/14

RESOLVED on the motion of Crs Taylor and Britten

That Council note the State Government leadership role in the Eden Port Infrastructure project and resolve not to establish a Council lead project control group for the construction of the Eden Wharf extension.

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

Against:           Nil

Absent:            Cr Tapscott

 

12.2

Stop the NSW Power Sell Off - request for Council resolution

 

A motion was moved by Crs Fitzpatrick and Allen

That Council does not support the Stop the NSW Power Sell Off Campaign

 

A motion was foreshadowed by Cr Hughes

1.       That Council supports continued public ownership, operation and maintenance of the NSW electricity network.

2.       The Council opposes the sale or lease of the publicly owned electricity network and associated State owned corporations.

The motion was put to the vote and it was LOST

In favour:       Crs Allen and Fitzpatrick

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

Absent:            Cr Tapscott

 

A motion was moved by Cr Hughes and Seckold

1.       That Council supports continued public ownership, operation and maintenance of the NSW electricity network.

2.       The Council opposes the sale or lease of the publicly owned electricity network and associated State owned corporations.

And that these points be dealt with separately.

 

An amendment was moved by Cr Britten and Cr Taylor that the motion be Item 1 only:

That Council supports continued public ownership, operation and maintenance of the NSW electricity network.

 

A point of order was called by Cr Hughes

That the amendment should be dealt with as a foreshadowed motion as it negates the motion by deleting one point of the motion.

The Chairperson requested advice from the General Manager who read the relevant clause from the Code of Meeting Practice.

The Chairperson ruled that the point of order was not valid.

 

The amendment was put to the vote and it was CARRIED and the amendment became the motion

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

Against:           Crs Allen and Fitzpatrick

Absent:            Cr Tapscott

90/14

RESOLVED on the motion of Crs Britten and Taylor

That Council supports continued public ownership, operation and maintenance of the NSW electricity network.

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

Against:           Crs Allen and Fitzpatrick

Absent:            Cr Tapscott

 

 

12.3

Public exhibition - Draft operational plan, budget, fees and charges

91/14

RESOLVED on the motion of Crs Britten and Taylor

1.       That the draft Bega Valley 2014-15 Operational Plan including Revenue Policy be placed on 28 day public exhibition for the period 8th May – 4th June 2014.

2.       That the draft Bega Valley 2014-15 Budget be placed on 28 day public exhibition for the period 8th May – 4th June 2014.

3.       That the draft Fees and Charges 2014-15 be placed on 28 day public exhibition for the period 8th May – 4th June 2014.

4.       That submissions and feedback be considered by Council prior to adoption

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

Against:           Cr Hughes

Absent:            Cr Tapscott

 

3.43 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

92/14

RESOLVED on the motion of Crs McBain and Mawhinney

That all motions recorded in the Standing Committees, including votes for and against, be adopted in and by the Ordinary Council Meeting apart from Item 8.2.

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

Against:           Nil

Absent:            Cr Tapscott

Cr McBain declared a pecuniary interest regarding Item 8.2 Erection of a dwelling and attached garage - Lot 10 DP 1008234, 3 Kookaburra Court, Tura Beach, on the basis that she is the owner of the land.  She departed the meeting room, taking no part in debate or voting on this item.

03:43 pm    Cr McBain left the meeting.

RESOLVED on the motion of Crs Hughes and Mawhinney

That Development Application No. 2014.98 for the construction of a dwelling house and attached garage at Lot 10 DP 1008234, 3 Kookaburra Court, Tura Beach be approved subject to conditions as outlined in the draft consent attached to this report.

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

Against:           Nil

Absent:            Crs McBain and Tapscott

03:44 pm    Cr McBain returned to the meeting.

 

14.      Delegates Reports

Cr Mawhinney – Mumbulla Foundation

Cr Mawhinney reported on her attendance at the Mumbulla Foundation Board Meeting and reiterated that groups appreciation of the ongoing support of Bega Valley Shire Council.  The Mumbulla Foundation looks forward to renewal of the MOU with Council anticipated in July.  Cr Mawhinney invited Councillors to attend a fundraising dinner to be held in May where Prof Peter Doherty, Nobel Prize winner, will be the guest speaker.

Cr Seckold – South East Arts

Cr Seckold commended FLING, Four Winds and BEND and noted their local activities were worthy of attendance.

Cr Seckold noted her attendance at the South East Arts Board meeting and advised she would present a full report to Council at the July Meeting

 

15.      Rescission/alteration Motions

There were no rescission motions.

16.      Notices of Motion

There were no notices of motion.

17.      Urgent Business

There was no urgent business.

18.      Questions On Notice

There were no questions on notice.

19.      Questions for the Next Meeting

There were no questions for the next meeting.

3.46 pm The Chairperson called for a short adjournment. 

3.55 pm The meeting reconvened.

20.      Confidential Business

 

 

Adjournment Into Closed Session

 

A motion was moved by Cr Britten

That Council adjourn into Closed Session

Cr Hughes asked for clarification on the reasons for the matter requiring adjournment to Closed Session.

93/14

RESOLVED on the motion of Cr Britten

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

20.1   Sapphire Aquatic Centre staffing structure

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.      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, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Cr Hughes

Absent:            Cr Tapscott

Pecuniary Interest

Cr Mawhinney declared a pecuniary interest regarding Item 20.1 Sapphire Aquatic Centre Staffing Structure, on the basis that a family member may be affected by the decision.  A signed declaration form was tabled by Cr Mawhinney for inclusion in the Register.  She departed the meeting room, taking no part in debate or voting on this item.

Mr Scarpin declared a pecuniary interest regarding Item 20.1 Sapphire Aquatic Centre Staffing Structure, on the basis that a family member is an employee of Sapphire Aquatic Centre.  A signed declaration form was tabled by Mr Scarpin for inclusion in the Register. Mr Scarpin departed the meeting room, taking no part in debate or voting on this item.

4.01 pm      Cr Hughes departed the meeting room

04:01 pm    Cr Mawhinney and Mr Scarpin departed the meeting.

21.      Adoption of reports from Closed Session

21.1

Sapphire Aquatic Centre staffing structure

94/14

RESOLVED on the motion of Crs Fitzpatrick and McBain

That Council resolve to create six permanent full time (6 FTE) and eight permanent part time positions (4.05 FTE) to replace casual contracts at the Sapphire Aquatic Centre.

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

Against:           Nil

Absent:            Crs Tapscott, Hughes and Mawhinney

04:06 pm    Cr Mawhinney and Mr Scarpin returned to the meeting.

22.      Resolutions to declassify reports considered in closed session

There were no reports declassified.

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, 7 May 2014.