Held on Wednesday, 28 May 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 Tony Allen Cr Michael Britten Cr Keith Hughes Cr Ann Mawhinney Cr Liz Seckold Cr Sharon Tapscott |
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 Business and Technology Manager, Mr Lucas Scarpin Minute Secretary |
Mayoral Announcement
The Mayor announced National Reconciliation Week, 27 May being the anniversary of the referendum of 1967 and High Court Mabo decision on 3 June.
The theme of this year’s reconciliation week is “Lets Walk the Talk”
Acknowledgement of Traditional Custodians of Bega Valley Shire
I would like to commence by acknowledging, on behalf of Bega Valley Shire Council 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.
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1. |
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95/14 |
RESOLVED on the motion of Crs Britten and Seckold That the Minutes of the Ordinary Meeting held on 7 May 2014 as circulated, be taken as read and confirmed. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
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2. |
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96/14 |
RESOLVED on the motion of Crs Hughes and Britten That an apology from Cr McBain be accepted for her inability to attend the meeting. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
3. Declarations
There were no declarations of interest
There were no deputations by prior arrangement.
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97/14 |
RESOLVED on the motion of Crs Mawhinney and Britten That Standing Orders be suspended to allow the following persons to address Council: Regarding Item 8.3. Finalisation of Kalaru Racecourse Planning Proposal · Mrs Robyn Bain In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain Mrs Bain addressed the Council. RESOLVED on the motion of Crs Britten and Fitzpatrick That an extension of two minutes be granted for her to complete her address. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain The Mayor thanked Mrs Bain for her address and for responding to questions from Councillors. |
There were no Petitions.
There were no Mayoral Minutes.
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7. |
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98/14 |
RESOLVED on the motion of Crs Britten and Allen 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, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
2:35 pm The Ordinary meeting adjourned and formed in 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 |
Draft Central Business District Design Guidelines for the B2 and B4 zoned lands within the Bega Valley Shire |
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99/14 |
RESOLVED on the motion of Crs Mawhinney and Tapscott 1. That Council place the draft Central Business District Design Guidelines on public exhibition for a period of 28 days. 2. That a further report be submitted to Council for consideration at the completion of the public exhibition period and once the workshop with the development industry has been held. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
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8.2 |
Amendment to minimum lot size map Bega Valley Local Environmental Plan 2013 - Lot 20 DP 1042188 Sapphire Coast Drive, Wallagoot |
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100/14 |
RESOLVED on the motion of Crs Mawhinney and Seckold 1. That Council staff prepare a planning proposal to amend the Bega Valley Local Environmental Plan 2013 Lot Size Map applying to Lot 20 DP 1042188 from 120ha to 10ha. 2. That Council modify the section 88B instrument applying to Lot 20 DP 1042188 by removing the restriction requiring any dwelling to be ancillary to the main commercial purpose of the land upon finalisation of the amendment to the lot size map. 3. That the owner of Lot 20 DP 1042188 agrees to meet all costs associated with the modification of the Section 88B Instrument. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
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8.3 |
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101/14 |
RESOLVED on the motion of Crs Fitzpatrick and Allen That this item be deferred for a further report following further information. In favour: Crs Taylor, Britten, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Abstained: Cr Hughes Absent: Cr McBain |
There were no Community and Relationships (Liveability) reports.
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 |
Road Closure - section of unformed road off Coopers Gully Road, Bega |
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102/14 |
RESOLVED on the motion of Crs Allen and Tapscott 1. That Council authorise the General Manager to execute the necessary documents to effect the closure of an unformed section of Council road reserve between Lot 7300 DP 1130627 (Crown Reserve) and Lot 236 DP 1102786 off Coopers Gully Road, North Bega on behalf of James & Deborah Elliott. 2. That all costs associated with the road closure be borne by the applicant. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
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11.2 |
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103/14 |
RESOLVED on the motion of Crs Britten and Seckold That the Minutes of the Bega Valley Local Traffic Committee Meeting held on 7 May 2014 as circulated, be taken as read and confirmed. Eden Whale Festival Street Parade – 1 November 2014 Recommendation: 1. That, subject to conditions, Imlay Street and Albert Terrace, Eden be temporarily closed from the Mitchell Street intersection to the Eden Wharf precinct between 8.30am and 11am on Saturday, 1 November 2014 for the Eden Whale Festival truck display and street parade. 2. That the proposed traffic arrangements involving the temporary closure of Imlay Street and Albert Terrace, Eden for the Eden Whale Festival on Saturday, 1 November 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 have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event. 6. That organisers have written Police approval prior to conducting the event. In favour: Russell Fitzpatrick, Karl Brough, Adam Berry, Ken Sullivan and Brad Shoveller Against: Nil Absent: Nil The recommendation was thus made with unanimous support. Quaama Public School P&C Annual Walkathon – 23 May 2014 Recommendation: 1. That the Quaama Public School P&C Annual Walkathon along Warrigal Range Road, Brogo on 23 May 2014 be approved and deemed a Class 4 special event. 2. It was agreed that a modification of consent be sought by the school for the DA approval for next year’s event to change the classification to 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. In Favour: Russell Fitzpatrick, Karl Brough, Adam Berry, Ken Sullivan and Brad Shoveller Against: Nil Absent: Nil The recommendation was thus made with unanimous support. Tathra Mountain Bike Enduro – 7 & 8 June 2014 Recommendation: 1. That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 7 June 2014 and Sunday, 8 June 2014 be approved.
2. That the event be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.
3. That the Traffic Control Plan is to reflect the following:
a) All stages held on Tathra Bermagui Road to be transport stages only, including race finish.
b) Use of cycle track is not available for racing purposes, as it is set aside for casual users.
4. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.
5. That organisers fully implement an approved Special Event Transport Management Plan.
6. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Service by name for the event.
7. That organisers have written approval prior to conducting the event from the following:
a) Roads and Maritime Services, for the use of classified roads
b) NSW Police, under Section 40 of the Roads (Transport Safety & Traffic Management) Act
c) National Parks and Wildlife Service
d) Forests NSW
8. That the event organiser advertises the change to traffic conditions for the event.
9. That local emergency services and transport operators be notified prior to the event. In Favour: Russell Fitzpatrick, Karl Brough, Adam Berry, Ken Sullivan and Brad Shoveller Against: Nil Absent: Nil The recommendation was thus made with unanimous support.
In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
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11.3 |
Rectification of road reserve and property boundaries adjacent to Double Creek Bridge on Upper Cobargo Road Brogo |
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104/14 |
RESOLVED on the motion of Crs Tapscott and Britten 1. That Council note the report and approve the agreed course of action to rectify the road reserve alignment by creation of a new Upper Cobargo Road reserve aligned to the current position of the road, bridge, fence and drainage infrastructure and closure of redundant road reserves adjacent to Double Creek Bridge. 2. That Council consents to a) the closure of the redundant unused Upper Cobargo road reserve b) the closure of the redundant unmade road reserve c) the creation of a new Upper Cobargo Road reserve reflecting the current position of the road, bridge, fence and drainage infrastructure; and d) the exchange of land areas with the adjacent properties DP21 Lot1122529 and DP96 Lot750197 at no cost to property owners. 3. That the Mayor and/or the General Manager be authorised to execute the necessary documents as may be required. 4. That Council convey thanks to the property owners involved for their cooperation in resolving this matter. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
In accordance with Council’s Code of Meeting Practice, Councillor Mawhinney assumed the chair for this section of the agenda.
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12.1 |
Certificate of Investments made under Section 625 of the Local Government Act 1993 |
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105/14 |
RESOLVED on the motion of Crs Allen and Seckold 1. That Council receive and note the attached report indicating Council’s Investment position. 2. That Council note the Certificate of the Responsible Accounting Officer. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
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12.2 |
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106/14 |
RESOLVED on the motion of Crs Allen and Britten 1. That Council approve a further five year licence of a section of Merimbula Beach (R85134) Reserve at Short Point to NRMA Tourist Park No 1 Pty Limited for the purpose of providing a sewer pump station facility. 2. That the Mayor and General Manager be authorised to execute the necessary documents. 3. That in accordance with the Crown Lands Act 1993, Council obtain Minister’s consent to the licence. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
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12.3 |
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107/14 |
RESOLVED on the motion of Crs Britten and Allen 1. That Council note and endorse the March 2014 Quarterly Budget Review Statement. 2. That Council adopt the variances to its operating budget as outlined in the QBRS. 3. That Council place the QBRS for March 2014 on its website for public information. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain
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12.4 |
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108/14 |
RESOLVED on the motion of Crs Britten and Seckold 1. That Council note the 2014 Organisation structure as outlined in the report. 2. That Council release the proposed structure as circulated to Councillors via memorandum In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
3:10 pm The Ordinary Meeting was reconvened.
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13. |
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109/14 |
RESOLVED on the motion of Crs Fitzpatrick and Allen That all motions recorded in the Standing Committees, including votes for and against, be adopted in and by the Ordinary Council Meeting In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
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14.1 |
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The SERAS Board of Directors 13th Annual General and Ordinary Meetings were held at the Crookwell Services Club, Upper Lachlan Shire on 19th May 2014. Councillor Seckold attended as the Bega Valley Shire Council delegate. Annual General MeetingElected Chairperson Mick Mayhew Elected Deputy Chairpersons Geoff King, John Hanley, Liz Seckold SERAS Director on Regional Academy Bob Kirk Ordinary Meeting Executive Director Garry Lane tabled his Financial Report, Sports Report, Athlete Performance Specialist Report and the O’Connor Marsden and Associates Review. As previously reported sport programs are limited to six months to allow for a summer and winter intake. Cycling, golf, hockey, lawn bowls and snow sports (training camp started on 3rd – 4th May) are winding down. The golf tour of Otago New Zealand took place in April/May. Jackson Hearn finished 17th overall. SERAS Athlete Performance Specialist, Courtney Porter is overseeing the Internship Program School Sport Science Program (held locally at Bega and Eden Marine High Schools) and the Performance Training Program. The Department of Sport and Recreation has engaged O’Connor, Marsden and Associates to review all NSW Academies of Sport. Local Jamie Reynolds (SERAS lawn bowls coach) is off to the Commonwealth Games in Glasgow. |
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14.2 |
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Councillor Fitzpatrick attended the Regional Development Australia Far South Coast meeting on 8 May 2014. Attendees included chamber representatives from Nowra to Eden. It was confirmed that Regional Development Australia is the certifying body for 409 visas. The Indigenous Expo for this year is on hold as funding has been withdrawn. The Bega Chamber of Commerce are running a Pathways to Management Certificate IV in Business Administration in conjunction with Bega TAFE – 9 students are enrolled. Regional Development Australia Far South Coast have placed a request for funding for $15000 for Next Generation as part of “Start Up” program.
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14.3 |
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Councillor Fitzpatrick attended the Pambula Surf Life Saving Club Presentation Night on 24 May 2014. The club have provided over 2,000 hours of voluntary patrol and will be composing a history of the club. Councillor Fitzpatrick will make a presentation of this history at the next Council meeting. |
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14.4 |
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Councillor Mawhinney attended the Internal Audit Committee Meeting on 27 May 2014. Council have appointed a new Risk Coordinator and this appointment has resulted in a re-evaluation of the internal audit process. The External Audit Finance and Project Management reports have been finalised. These will be reported to Council. The committee resolved to repeat three internal audits due to appointment of the new officer. |
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14.5 |
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Councillor Mawhinney attended the General Halls Management Committee Meeting on 20 May 2014. Maintenance Funding for 2014/2015 was recommended to committee members who agreed and this will be reported council. |
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14.6 |
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Councillor Hughes attended the Biamanga National Park Board Meeting in Narooma. The new board is finding its feet and the draft plan of management is being implemented. |
There were no Rescission/alteration Motions
There were no Notices of Motion
17. Urgent Business
There was no Urgent Business
There were no Questions On Notice
19. Questions for the Next Meeting
20. Confidential Business
There was no Confidential Business
21. Adoption of reports from Closed Session
There were no Closed Session reports
22. Resolutions to declassify reports considered in closed session
There were no declassified reports
Closure
There being no further business, the Chairperson closed the meeting at 3:17 pm.
CONFIRMED .......................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 28 May 2014.