Ordinary Meeting Minutes

Held on Wednesday, 9 July 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 Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

 In Attendance

Acting General Manager and Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Acting Group Manager Community and Relationships, Mr Simon Schweitzer

Business and Technology Manager, Mr Lucas Scarpin

Minute Secretary, Mrs Bec Jones

 

 

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

139/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 25 June 2014 as circulated, be taken as read and confirmed.

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

Against:           Nil

Absent:            Cr Hughes

2.

Apologies

 

140/14

RESOLVED on the motion of Crs Tapscott and Mawhinney

That an apology from Cr Hughes be accepted for their inability to attend the meeting

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

Against:           Nil

Absent:            Cr Hughes

 

 

3.        Declarations

There were no declarations of interest

4.        Deputations (by prior arrangement)

There were no deputations.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no mayoral minutes.

 

7.

Adjournment into Standing Committees

141/14

RESOLVED on the motion of Crs Seckold and McBain

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, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

2:02 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

Detached Dual Occupancy development in RU1 Primary Production and RU2 Rural Landscape Zones

 

 

142/14

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.      That Council staff prepare a planning proposal to permit detached dual occupancies as a permitted use with consent in the RU1 and RU2 Land Use Tables of BVLEP 2013.

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

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

Against:           Nil

Absent:            Cr Hughes

 

 

8.2

Community Environment Grants 2014-15 Recommended Projects

 

 

143/14

RESOLVED on the motion of Crs Seckold and Mawhinney

1.       That Council adopt the recommendations contained in Appendix A: Community           Environment Grant Applications 2014-15.

2.       That Council advise all applicants of the outcomes of their applications and           proceed      to organise funding agreements with successful organisations.

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

Against:           Nil

Absent:            Cr Hughes

 

 

 

 

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

Youth Tertiary Scholarships 2014

 

 

144/14

RESOLVED on the motion of Crs Mawhinney and McBain

1.       That Council agree with the recommendations as per the confidential attachment.

2.       That Council award two $1000 University Scholarships to Keith Ashurst and Kylie-Ann Tighe

3.       That Council award two $500 TAFE Scholarships to Sophie Wilton and Jake Hoad

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

Against:           Nil

Absent:            Cr Hughes

 

9.2

General Halls and Building Committee - funding allocation 2014/15

 

 

145/14

RESOLVED on the motion of Crs Britten and Mawhinney

That Council adopt the General Halls Committee recommendations regarding allocation of $74,000 to community buildings for the 2014/15 year in accordance with the following list:-

Hall

Project

Funding

Bemboka

Major electrical upgrades & urgent roofing repairs

$23,045.00

Wyndham

Urgent roof repairs and painting

$11,616.00

Quaama

Grease Trap replacement/upgrade

$7,000.00

Kiah

Toilet tiling and upgrades

$3,000.00

Candelo

Drainage and concreting

$10,000.00

Murrah

Repair of white ant damage

$5,339.00

Unscheduled maintenance & over-runs

 

$14,000.00

 

 TOTAL

$74,000.00

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

Against:           Nil

Absent:   Cr Hughes

 

 

 

9.3

Management of the Bega Civic Centre

 

 

146/14

RESOLVED on the motion of Crs Britten and Mawhinney

1.       That Council call for expressions of interest from venue management organisations           outlining possible management models for the management of the Bega Civic           Centre and Council staff establish desirable criteria for consideration

2.       That a further report be prepared by staff outlining future management options           including a direct management option for the Bega Civic Centre

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

Against:           Nil

Absent:            Cr Hughes

 

 

10.      Staff Reports – Economic (Enterprising)

There were no Staff Reports – Economic (Enterprising).

 

 

 

 

 

 

 

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

Compulsory Acquisition of Crown Land at Back Creek Road, Nethercote - Road Widening

 

 

147/14

RESOLVED on the motion of Crs Allen and Taylor

That Council resolve to:

1.         That Council proceed with the compulsory acquisition of the land described as Lot 240 DP 1193514 for the purpose of road widening in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2.         That the General Manager be delegated authority to apply to the Minister of Local Government and/or the Governor for approval to acquire Lot 240 DP 1193514 by compulsory process under section 178 of the Roads Act.

3.         That the land is to be acquired for road purposes.

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

Against:           Nil

Absent:            Cr Hughes

 

 

11.2

Acquisition of land for road widening - Back Creek Road, Lochiel

 

 

148/14

RESOLVED on the motion of Crs Taylor and Seckold

1.       That Council resolve to finalise the acquisition of Lot 2 DP 249712 for the           purpose      of road reserve.

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, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

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

Local Government NSW Annual Conference 19 to 21 October 2014

 

 

149/14

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.      That Council endorse the Mayor and General Manager to attend the Local          Government’s NSW inaugural conference to be held from 19 – 21 October 2014,          with the necessary travel and accommodation costs to be defrayed by Council.

In favour:       Crs Allen and Fitzpatrick

Against:           Crs Taylor, Britten, Tapscott, McBain, Tapscott and Seckold

Absent:            Cr Hughes

 

A motion was foreshadowed by Crs Britten and Taylor

1.       That Council endorse the Mayor, General Manager and Crs Britten, McBain and           Seckold attend the Local Government’s NSW inaugural conference to be held from           19 – 21 October 2014, with the necessary travel and accommodation costs to be           defrayed by Council

A point of order was called by Cr Britten to Cr Fitzpatrick’s use of the word “junket”.

The point of order was upheld by Cr Mawhinney.

The foreshadowed motion was put to the vote and it was CARRIED

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

Against:           Crs Fitzpatrick and Allen

Absent:            Cr Hughes

 

RESOLVED on the motion Cr Britten and Seckold

2.       That Council identify and endorse the following issues which they believe are causing concern to the Council and/or the local community for submission to the Local Government NSW website:

          2. Economic

          The ability for Councils to access resources and participate in providing affordable           housing

          4. Governance/Civic Leadership

          The issue of the relationship between the Mayor/General Manager and Councillors           be fleshed out to establish greater detail on various models Councils can consider to educate and delegate responsibilities for Councillors generally.

          5. Social Policy

          That the NSW government be made aware of the Bega Valley’s community           concerns over recent funding outcomes for  Family and Community Services           (FACS) and Specialist Homelessness Services (SHS)

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

Against:           Crs Allen and Fitzpatrick

Absent:            Cr Hughes

 

 

12.2

Council meeting dates 2014 - extraordinary meeting Mayoral election

 

 

150/14

RESOLVED on the motion of Crs Allen and Britten

1.       That Council hold its Extraordinary Meeting for the purpose of electing the Mayor and Deputy Mayor and resolving key governance matter on Wednesday 24 September 2014.

2.       That Council consider other key appointments of delegates and other matters as outlined in this report at the next Ordinary Council meeting being 1 October 2014.

3.       That appropriate media be placed to advertise the Extraordinary Meeting on Wednesday 24 September and Ordinary Meeting on 1 October 2014.

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

Against:           Nil

Absent:            Cr Hughes

 

 

2:47 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

151/14

RESOLVED on the motion of Crs Allen and Mawhinney

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

Against:           Nil

Absent:            Cr Hughes

 

14.      Delegates Reports

There were no delegates reports

15.      Rescission/alteration Motions

There were no rescission/alteration motions.

16.      Notices of Motion

There were no notices of motion.

 

 

Suspension of Standing Orders

152/14

RESOLVED on the motion of Crs Mawhinney and Britten

That Standing Orders be suspended to allow “Item 17 Urgent Business” to be dealt with after Item 18 and 19, and before Item 20.

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

Against:           Nil

Absent:            Cr Hughes

 

18.      Questions On Notice

There were no questions on notice.

 

19.      Questions for the Next Meeting

19.1

Development  Application - George Brown Oval Eden

 

Cr Russell Fitzpatrick asked about a Development Application for George Brown Oval in Eden, stating that it had been rejected.

Cr Fitzpatrick asked if the Development Application would be reconsidered in the future.

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

 

19.2

Bemboka Swimming Pool

 

Cr Tony Allen asked for an update to the status of repairs at the Bemboka Swimming Pool.

The question was taken on notice by the Business and Technology Manager.

 

19.3

Chandos Street Carpark Eden

 

Cr Britten asked as to the title status of Lot 72 DP 601744 and Lot 74 DP 624322 which form part of the Chandos Street Carpark.

The question was taken on notice by the Business and Technology Manager.

 

19.4

Guidelines - Youth Tertiary Scholarships

 

Cr Tony Allen asked that a report be prepared for Council to review the guidelines for Youth Tertiary Scholarships, as outlined in the Group Manager report.

The question was taken on notice by the Acting Group Manager Community and Relationships.

 

2:50 pm Cr Taylor adjourned the meeting to allow for media question and answers

2:58 pm Cr Taylor resumed the meeting

 

 

 

 

 

17.      Urgent Business

17.1

Item in Supplementary Agenda dated 9 July 2014

 

Cr Taylor referred Councillors to the Supplementary Agenda dated 9 July 2014.

 

RESOLVED on the motion of Crs Britten and Fitzpatrick

That items in the Supplementary Agenda dated 9 July 2014 be dealt with at the meeting of 9 July 2014

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

Against:           Nil

Absent:            Cr Hughes

 

Cr Taylor as the Chairperson, in keeping with clause 11.4 of the Council’s Code of Meeting Practice declared

1.         That the item referred to in the Supplementary Agenda dated 9 July 2014 be dealt with as an item of urgent business

 

2.         That Council resolve to adjourn into Closed Session to discuss the item referred to in the Supplementary Agenda dated 9 July 2014 as 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 (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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

Against:           Nil

Absent:            Cr Hughes

 

 

 

 

 

 

20.      Confidential Business

 

20.1

Adjournment Into Closed Session

153/14

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.       That Council resolve to adjourn into Closed Session to discuss item referred to in   the Supplementary Agenda dated 9 July 2014

2.       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 (c) the report contains information that would, if disclosed,    confer a commercial advantage on a person with whom the Council is conducting      (or proposes to conduct) business.

3.      That 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.

4.       That 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, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

Absent:            Cr Hughes

 

 

21.      Adoption of reports from Closed Session

21.1

Item S.1 of the Supplementary Agenda dated 9 July 2014

154/14

RESOLVED on the motion of Crs Britten and McBain

That the matter resolved in the closed session be adopted

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

Against:           Nil

Absent:            Cr Hughes

 

 

17.      Resolutions to declassify reports considered in closed session

There were no resolution to declassify reports considered in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 3:09pm.

 

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

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 9 July 2014.