Ordinary Meeting Minutes

Held on Wednesday, 28 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 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.

1.

Confirmation of Minutes

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

 

 

2.

Apologies

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

4.        Deputations (by prior arrangement)

There were no deputations by prior arrangement.

 

Suspension of Standing Orders

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.

 

 

5.        Petitions

There were no Petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

 

 7.

Adjournment into Standing Committees

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.

 

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 Central Business District Design Guidelines for the B2 and B4 zoned lands within the Bega Valley Shire

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

 

 

8.2

Amendment to minimum lot size map Bega Valley Local Environmental Plan 2013 - Lot 20 DP 1042188 Sapphire Coast Drive, Wallagoot

 

 

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

 

8.3

Finalisation of Kalaru Racecourse Planning Proposal

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

 

9.        Staff Reports – Community and Relationships (Liveability)

There were no Community and Relationships (Liveability) reports.

 

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

Road Closure - section of unformed road off Coopers Gully Road, Bega

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

 

11.2

Bega Valley Local Traffic Committee Meeting 7 May 2014

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

 

 

11.3

Rectification of road reserve and property boundaries adjacent to Double Creek Bridge on Upper Cobargo Road Brogo

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

 

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

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

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

 

 

12.2

Licence for land - Short Point Reserve

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

 

12.3

Quarterly Budget Review Statement (QBRS) - March 2014

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

 

 

12.4

Organisation Structure Update 2014

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.

13.

Adoption of reports from Standing Committees

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

14.      Delegates Reports

14.1

SERAS Board of Directors - 13th AGM

 

Cr Liz Seckold

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 Meeting

Elected 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.

 

14.2

Regional Development Far South Coast

 

Cr Russell Fitzpatrick

 

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.

 

 

14.3

100th Anniversary Dinner - Pambula Surf Life Saving Club

 

Cr Russell Fitzpatrick

 

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.

 

14.4

Internal Audit Committee Meeting

 

Cr Ann Mawhinney

 

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.

 

14.5

General Halls Management Committee Meeting

 

Cr Ann Mawhinney

 

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.

 

14.6

Biamanga National Park Board Meeting

 

Cr Keith Hughes

 

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.

15.      Rescission/alteration Motions

There were no Rescission/alteration 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

19.1

New Regional Hospital - Geothermal Project

 

Cr Keith Hughes asked could Councillors receive an update on progress by the NSW State Government on the proposed geothermal project proposed for the New Bega Valley Regional Hospital

The question was taken on notice by the Acting Group Manager Planning and Environment.

 

19.2

Federal Government Budget impact on Bega Valley Shire Council

 

Cr Keith Hughes asked could Councillors receive an update on the impact on Bega Valley Shire Council of the 2014 Federal Government Budget.

The General Manager advised the impacts were still being investigated.  A full report including flow on impacts from State Budget will be presented to Council as part of the review of Councils 2014/15 Budget, to be reported to Council on 25 June, 2014.

 

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.