Ordinary Meeting Minutes

Held on Wednesday, 30 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 Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

In Attendance

General Manager, Ms Leanne Barnes

Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Acting Group Manager Community Relations and Leisure, Mr Simon Schweitzer

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Minute Secretary, Ms Janelle Curtis

 

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

155/14

RESOLVED on the motion of Crs Seckold and Mawhinney

That the Minutes of the Ordinary Meeting held on 9 July 2014 as circulated, be taken as read and confirmed with the following amendment to page six (6):

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

RESOLVED on the motion of Crs Allen and Taylor

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

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

Cr McBain declared a pecuniary interest regarding Item 8.1 Finalisation of Kalaru Racecourse Planning Proposal on the basis that she is employed as a Solicitor for the Sapphire Turf Club.  A signed declaration form was tabled by Cr McBain for inclusion in the Register noting that she would depart the meeting room, taking no part in debate or voting on this item.

Cr Tapscott declared a pecuniary interest regarding Item 8.5 Hotel Australasia Land and Environment Court Appeal – Outcomes of Section 34 mediation conference. Late Report on the basis that she owns a business in the same street.  A signed declaration form was tabled by Cr Tapscott for inclusion in the Register noting that she would depart the meeting room, taking no part in debate or voting on this item.

Cr Fitzpatrick declared a pecuniary interest regarding Item 11.2  RFT 9/14 Goods and Services Tender for Tyres and Batteries on the basis that he conducts commercial business with several tenderers via his employment with Bobbin’s Transport.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register noting that he would depart the meeting room, taking no part in debate or voting on this item.

Non Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 9.1 Sportsground Committee Facility Management Plans on the basis that he is Chairman of the Pambula Sporting Complex.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register noting that he would remain in the meeting room and take part in debate and voting on this item.

4.        Deputations (by prior arrangement)

SUSPENSION OF STANDING ORDERS

RESOLVED on the motion of Crs Mawhinney and Seckold

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

·         Regarding Planning and Environment Report 8.2 1991.1124 Modification to Development Consent - Extractive Industry Lot 12 DP 811287 Ridge Road, Coolagolite - (Costin's Quarry)

·         Ms Nina Vipond

·         Regarding Planning and Environment Report 8.5 Hotel Australasia Land and Environment Court Appeal – Outcomes of Section 34 mediation conference. Late Report

·         Mr Peter Whiter

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

Against:           Nil

Ms Vipond addressed the Council and responded to questions from Councillors.

RESOLVED on the motion of Crs Mawhinney and Britten that an extension of two minutes be granted to allow Ms Vipond to complete her address. CARRIED unanimously.

Mr Whiter addressed the Council and responded to questions from Councillors.

RESOLVED on the motion of Crs Mawhinney and Britten that an extension of two minutes be granted to allow Mr Whiter to complete his address.  CARRIED unanimously.

The Mayor thanked the speakers for their addresses.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

7.

Adjournment into Standing Committees

156/14

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.

2.17 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

Finalisation of Kalaru Racecourse Planning Proposal

 

Pecuniary Interest declaration

Cr McBain declared a pecuniary interest regarding Item 8.1 on the basis that she is employed as a Solicitor for the Sapphire Turf Club.  Cr McBain departed the meeting room, taking no part in debate or voting on this item.

A motion was moved Crs Fitzpatrick and Allen

1.      That Council adopts the amendments to Bega Valley Local Environmental Plan 2013 as publically exhibited in the Planning Proposal for Kalaru Racecourse with the amendment to the proposed zoning as illustrated in Figure 1 of this report.

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

3.      That the Sapphire Coast Turf Club and those agencies that made submissions be advised of Council’s decision.

A motion was foreshadowed by Cr Hughes:

That the planning proposal as exhibited be adopted.

The motion was put to the vote and it was CARRIED

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

Against:           Crs Hughes and Seckold

ABSENT:            Cr McBain

157/14

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.      That Council adopts the amendments to Bega Valley Local Environmental Plan 2013 as publically exhibited in the Planning Proposal for Kalaru Racecourse with the amendment to the proposed zoning as illustrated in Figure 1 of this report.

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

3.      That the Sapphire Coast Turf Club and those agencies that made submissions be advised of Council’s decision.

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

Against:           Crs Hughes and Seckold

ABSENT:             Cr McBain

Cr McBain returned to the meeting room.

 

8.2

Modification to Development Consent - Extractive Industry Lot 12 DP 811287 Ridge Road, Coolagolite - (Costin's Quarry)

 

A motion was moved by Crs Seckold and Hughes

That the matter be deferred due to the address to Council.

A motion was foreshadowed by Cr Fitzpatrick

1.         That the Section 96 Application to Modify Development Consent 1991.1124 be approved subject to the modified conditions as detailed on the Draft Notice of Determination and Draft Development Consent attached to this report.

2.         That all parties who made a submission be advised of Council’s determination.

3.         Investigation into the relocation of mail boxes and garbage bins at the intersection of Cobargo-Bermagui Road be undertaken with the aim of improving the function of the intersection.

4.         That Council implement the following road safety and amenity procedures if and when sourcing/hauling gravel material from Haase’s Pit:

·   No trucks are allowed to travel on Ridge Road prior to 7.00am

·   Signage is to be placed during haulage limiting travel speed to 30km/h and minimising the use of exhaust breaking.

The motion was put to the vote and it was LOST

In favour:       Crs Hughes and Seckold

Against:           Crs Taylor, Britten, McBain, Tapscott, Mawhinney, Allen and Fitzpatrick

A motion was moved by Crs Fitzpatrick and Taylor

1.         That the Section 96 Application to Modify Development Consent 1991.1124 be approved subject to the modified conditions as detailed on the Draft Notice of Determination and Draft Development Consent attached to this report.

2.         That all parties who made a submission be advised of Council’s determination.

3.         Investigation into the relocation of mail boxes and garbage bins at the intersection of Cobargo-Bermagui Road be undertaken with the aim of improving the function of the intersection.

4.         That Council implement the following road safety and amenity procedures if and when sourcing/hauling gravel material from Haase’s Pit:

·   No trucks are allowed to travel on Ridge Road prior to 7.00am

·   Signage is to be placed during haulage limiting travel speed to 30km/h and minimising the use of exhaust breaking.

An amendment was moved by Crs Mawhinney and Hughes

That point 1 read:

That the Section 96 Application to Modify Development Consent 1991.1124 be approved subject to the modified conditions as detailed on the Draft Notice of Determination and Draft Development Consent attached to this report, but with the deletion of Saturday operations.

The amendment was put to the vote and it was CARRIED

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

Against:           Crs Allen and Fitzpatrick

158/14

RESOLVED on the motion of Crs Mawhinney and Hughes

1.         That the Section 96 Application to Modify Development Consent 1991.1124 be approved subject to the modified conditions as detailed on the Draft Notice of Determination and Draft Development Consent attached to this report, but with the deletion of Saturday operations..

2.         That all parties who made a submission be advised of Council’s determination.

3.         Investigation into the relocation of mail boxes and garbage bins at the intersection of Cobargo-Bermagui Road be undertaken with the aim of improving the function of the intersection.

4.         That Council implement the following road safety and amenity procedures if and when sourcing/hauling gravel material from Haase’s Pit:

·   No trucks are allowed to travel on Ridge Road prior to 7.00am

·   Signage is to be placed during haulage limiting travel speed to 30km/h and minimising the use of exhaust breaking.

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

Against:           Crs Hughes and Seckold

 

8.3

Central Business District Landscape Masterplans - Eden

159/14

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.         That Council endorses the draft CBD Landscape Masterplan and Design Guidelines for Eden.

2.         That the draft CBD Landscape Masterplan and Design Guidelines for Eden not be subject to a further period of public consultation.

3.         That Council moves forward with the detailed design, tendering and implementation of the CBD landscape masterplan for Eden.

4.         That the draft CBD landscape masterplans for Merimbula, Bega and Bermagui be subject of a Councillor workshop.

5.         That following the Councillor workshop, the draft CBD landscape masterplans for Merimbula, Bega and Bermagui be placed on public exhibition and then reported back to Council for finalisation.

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

Against:           Nil

 

8.4

Scores on Doors Promotion

160/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That Council endorse the expenditure of $175 for the promotion of Council’s Scores on Doors food safety initiative.

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

Against:           Cr Hughes

 

8.5

Hotel Australasia Land and Environment Court Appeal – Outcomes of Section 34 mediation conference. Late Report

 

Pecuniary Interest declaration

Cr Tapscott declared a pecuniary interest regarding Item 8.5 on the basis that she owns a business in the same street.  Cr Tapscott departed the meeting room, taking no part in debate or voting on this item.

The chairperson asked were any matters raised in the address or any legal action that would require deferment of matter.  The Group Manager Planning and Environment advised that in his opinion the matter could be determined today.

161/14

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council ask the Court to approve the application in accordance with the staff recommendation and conditions submitted to the meeting of 18th December 2013, with the additional condition as per Council’s Public Art Policy under Council’s Development Control Plan 2013.

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

Against:           Crs Hughes and Seckold

ABSENT:             Cr Tapscott

Cr Tapscott 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

Sportsground Committee Facility Management Plans

 

Non Pecuniary Interest declaration

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 9.1 Sportsground Committee Facility Management Plans on the basis that he is Chairman of the Pambula Sporting Complex.  Cr Fitzpatrick remained in the meeting room and took part in debate and voting on this item.

162/14

RESOLVED on the motion of Crs Britten and Mawhinney

1.       That Council note the facility management plans for the seven regional and district sportsgrounds.

2.       That Council work with facility committees to identify issues that arise and report back as appropriate over the period of the next 12 months in finalising the update of the Recreation Asset Management Plan for adoption.

3.       That a further report be prepared to formalise the S355 General Sportsground Committee Membership and Guidelines.

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

Against:           Nil

 

9.2

Memorandum of Understanding - Mumbulla Foundation

163/14

RESOLVED on the motion of Crs Britten and Taylor

1.       That Council endorse the Memorandum of Understanding with the Mumbulla Foundation

2.       That the Mayor and General Manager be authorised to sign the Memorandum of Understanding.

3.       That Council confirm its commitment to funding for the 2015/16 and 2016/17 years in line with the MOU.

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

Against:           Nil

 

 

9.3

Access Committee Nominations

 

RESOLVED on the motion of Crs Britten and Hughes

That Council accepts recommendations as outlined in the confidential attachment

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

Against:           Nil

164/14

RESOLVED on the motion of Crs Britten and Hughes

1.       That Council endorse the following persons as members of the Access Committee for the July 2014 to June 2016 period:

·         Jennifer Dessens

·         Leah Ogden

·         Ronald James Finneran

·         Sue Thomas

·         Graham Arnold Carmody

·         Lyndon Lewis

·         Chris Sparks

·         Nathan Johnston

·         Colin Dunn

·         Rosemary Oates

2.       That Council note the Access Committee Guidelines 2014-2016, with the amendment of an additional member.

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

Against:           Nil

 

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

Funding opportunities - Merimbula Airport and Tourism Precinct

165/14

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That Council support the lodging of a funding application to the NSW State Government for the outlined implementation of the Merimbula Airport Master Plan 2033 including aeronautical and non-aeronautical infrastructure and the development of a regional tourism interpretation centre.

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

Against:           Nil

 

10.2

Proposed disposal of Council land at Phillipps Street, Eden

166/14

RESOLVED on the motion of Crs Tapscott and Seckold

1.       That Council seek expressions of interest for the sale of Council owned vacant land, being Lot 3 DP 574958, Phillips Street in Eden.

2.       That should any proposals to purchase the land be received, they be reported to Council.

3.       That the Mayor and/or General Manager be authorised to execute the necessary documents.

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

Against:           Nil

 

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

RFQ 27/14 Annual Supply and Mix Services

 

RESOLVED on the motion of Cr Britten and McBain

That Council accepts recommendations as outlined in the confidential attachment

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

Against:           Nil

167/14

RESOLVED on the motion of Crs Britten and McBain

1.         That Council accept the tender from Downer EDI Pty Ltd in relation to contract for works described in RFQ 27/14, in the amount of $703,320 (including GST), subject to variations, provisional sums and prime costs 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, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:           Nil

 

 

 

11.2

RFT 9/14 Goods and Services Tender for Tyres and Batteries

 

Pecuniary Interest declaration

Cr Fitzpatrick declared a pecuniary interest regarding Item 11.2 on the basis that he conducts commercial business with several tenderers via his employment with Bobbin’s Transport.  Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.

Cr Taylor took the chair during Cr Fitzpatrick’s absence

A motion was moved by Crs Britten and McBain

That Council accepts recommendations as outlined in the confidential attachment.

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

Against:           Nil

ABSENT:            Cr Fitzpatrick

168/14

RESOLVED on the motion of Crs Britten and McBain

1.       That Council accept the tender submission from Reeve (Bega) Pty Ltd South Coast  in relation to the supply of goods and services for tyres  as described in RFT 9/14, estimated spend in vicinity $400,000 (including GST) over two years utilising BVSC historical spend data.

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

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

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

Against:           Nil

ABSENT:            Cr Fitzpatrick

Cr Fitzpatrick returned to the meeting room and resumed the chair.

 

11.3

Dickinson Oval Pavilion, Bermagui - Tender for Reconstruction

 

RESOLVED on the motion of Crs Britten and McBain

That Council not accept the recommendations as outlined in the confidential attachment.

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

Against:           Nil

169/14

RESOLVED on the motion of Crs Britten and McBain

1.       That in accord with Local Government Regulation 178, Council not accept any of the tenders proposed for Dickinson Oval Pavillion, Bermagui Tender RFT 6/14.

2.       That Council not invite fresh tenders as the tenders have been sought on two occasions and the preferred tenderer offers Council the most advantageous tender in these circumstances.

3.       That Council authorise the General Manager to negotiate with the preferred tenderer Zauner Construction P/L’s with a view to entering into a contract based on a finalised construction costs and scope of work savings.

4.       That a further report be presented to Council following the contract negotiations.

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

Against:           Nil

 

11.4

Compulsory Acquisition of Crown Land at Candelo - Restore legal access

170/14

RESOLVED on the motion of Crs Taylor and Seckold

1.       That Council proceed with the compulsory acquisition of the land described as Lot 17 DP 251561 for the purpose of public road in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2.       That Council make an application to the Minister and the Governor for approval to acquire Lot 17 DP 251561 by compulsory process under section 177 of the Roads Act.

3.       That the land is to be dedicated as public road.

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

Against:           Nil

 

11.5

Acquisition of land for Merimbula Roundabout – Merimbula Drive and Reid St intersection, Merimbula

 

RESOLVED on the motion of Crs Allen and Tapscott

That Council accepts the recommendations as outlined in the confidential attachment.

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

Against:           Nil

171/14

RESOLVED on the motion of Crs Allen and Tapscott

1.       That Council acquire the land at a cost of $10,300 plus the associated cost of land acquisition

2.       That the acquired land be classified as road reserve.

3.       That the land owners be advised of Council’s decision.

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

Against:           Nil

 

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

Classification of land recently acquired by Council

172/14

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.       That Council note that a 28 day public notification process was completed regarding the proposal to classify each of the parcels of land acquired at Bega, Millingandi and Wolumla, with no submissions received.

2.       That Council resolve to classify Lot 103 DP 1151462 and Lot 5 DP 430378 at Bega, Lot 11 DP 1176792 at Wolumla and Lot 100 DP 1192435 at Millingandi as operational land under Section 31 of the Local Government Act 1993.

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

Against:           Cr Hughes

 

12.2

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

173/14

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

Against:           Nil

 

12.3

Women in Local Government NSW Leadership Summit

174/14

RESOLVED on the motion of Crs McBain and Seckold

1.       That Council nominate one Councillor to attend the Women in Local Government NSW Leadership Summit.

2.       That Councillor Cr Tapscott attend The Women in Local     Government NSW Leadership Summit.

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

Against:           Nil

3.30 pm      The Ordinary Meeting was reconvened.

13.

Adoption of reports from Standing Committees

 

RESOLVED on the motion of Crs Britten and McBain

That all motions recorded in the Standing Committees, including votes for and against, be adopted in and by the Ordinary Council Meeting, excepting Items 8.1, 8.5, 9.1 and 11.2

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

Against:           Nil

 

8.1  Finalisation of Kalaru Racecourse Planning Proposal

Pecuniary Interest declaration

Cr McBain declared a pecuniary interest regarding Item 8.1 on the basis that she is employed as a Solicitor for the Sapphire Turf Club.  Cr McBain departed the meeting room, taking no part in debate or voting on this item.

RESOLVED on the motion of Crs Britten and McBain

1.       That Council adopts the amendments to Bega Valley Local Environmental Plan 2013 as publically exhibited in the Planning Proposal for Kalaru Racecourse with the amendment to the proposed zoning as illustrated in Figure 1 of this report.

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

3.       That the Sapphire Coast Turf Club and those agencies that made submissions be advised of Council’s decision.

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

AGAINST:      Crs Hughes and Seckold

ABSENT:        Cr McBain

Cr McBain returned to the meeting room.

8.5    Hotel Australasia Land and Environment Court Appeal – Outcomes of Section 34 mediation conference. Late Report

Pecuniary Interest declaration

Cr Tapscott declared a pecuniary interest regarding Item 8.5 on the basis that she owns a business in the same street.  Cr Tapscott departed the meeting room, taking no part in debate or voting on this item.

RESOLVED on the motion of Crs Seckold and Mawhinney

That Council ask the Court to approve the application in accordance with the staff recommendation and conditions submitted to the meeting of 18th December 2013, with the additional condition as per Council’s Public Art Policy under Council’s Development Control Plan 2013.

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

AGAINST:            Crs Hughes and Seckold

ABSENT:             Cr Tapscott

Cr Tapscott returned to the meeting room

9.1  Sportsground Committee Facility Management Plans

Non Pecuniary Interest declaration

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 9.1 Sportsground Committee Facility Management Plans on the basis that he is Chairman of the Pambula Sporting Complex. Cr Fitzpatrick remained in the meeting room and took part in debate and voting on this item.

RESOLVED on the motion of Crs Mawhinney and Tapscott

1.       That Council note the facility management plans for the seven regional and district sportsgrounds.

2.       That Council work with facility committees to identify issues that arise and report back as appropriate over the period of the next 12 months in finalising the update of the Recreation Asset Management Plan for adoption.

3.       That a further report be prepared to formalise the S355 General Sportsground Committee Membership and Guidelines.

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

AGAINST:      Nil

11.2        RFT 9/14 Goods and Services Tender for Tyres and Batteries

Pecuniary Interest declaration

Cr Fitzpatrick declared a pecuniary interest regarding Item 11.2 on the basis that he conducts commercial business with several tenderers via his employment with Bobbin’s Transport. Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.

RESOLVED on the motion of Crs Tapscott and Mawhinney

1.       That Council accept the tender submission from Reeve (Bega) Pty Ltd South Coast  in relation to the supply of goods and services for tyres  as described in RFT 9/14, estimated spend in vicinity $400,000 (including GST) over two years utilising BVSC historical spend data.

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

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

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

AGAINST:      Nil

ABSENT:        Cr Fitzpatrick

Cr Fitzpatrick returned to the meeting room.

14.      Delegates Reports

14.1 South East Arts - Cr Seckold –

Council Seckold advised she attended the South East Arts meeting on 14 July, 2014 and she would present a full report to the 20 August 2014 meeting.

14.2 Rural Fire Service (RFS) State Championships – Cr Seckold

Cr Tapscott reported on her attendance at a planning meeting for the NSW Rural Fire Service (RFS) State Championships to be held at the Pambula Sporting Complex in September.  She reported it is anticipated around 1,000 people will attend.  Cr Tapscott presented an example of the handout package. that will be provided to those attending, which is a similar package to that prepared for the Business Expo currently being held in Sydney.

A call has been sent out to businesses who wish to include goods in the handout package.  The package represented an investment by Council of approximately $3,500 including the preparation of the prospectus.  The Rural Fire Service have expressed their appreciation of Council assistance noting the decision to bring the event to the Bega Valley was made due to the level of support offered.

15.      Rescission/alteration Motions

There were no rescission/alteration motions.

16.      Notices of Motion

There were no notices of motion.

SUSPENSION OF STANDING ORDERS

RESOLVED on the motion of Mawhinney and Seckold that Standing Orders be suspended for a brief adjournment.

In favour:       Cr Hughes

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

3.38 pm The meeting adjourned.

3.59 pm The meeting reconvened.

17.      Urgent Business

There was no urgent business.

18.      Questions On Notice

 

18.1

Tura Beach Tavern – Community Centre

 

Cr McBain asked at the Council meeting on 25 June could Councillors receive an update on the status of the Tura Beach Community Facility and when it is expected the space will be occupied.

A response was provided in the Agenda for the meeting of 30 July 2014.

 

19.      Questions for the Next Meeting

19.1

No Plastic Bags in the Bega Valley - promotion of campaign

 

Cr Keith Hughes asked could information be presented on ways to promote “No Plastic Bags in the Bega Valley”.

The question was taken on notice by the Group Manager Strategy and Business Services

 

.19.2

Heating for new Regional Hospital

 

Cr Keith Hughes asked about geothermal heating originally proposed for the new Regional Hospital, which he noted was now not going ahead.  He asked could councillors be provided with further details on both the original proposal and the modification to remove this option from the development application.

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

 

19.3

Section 64 Water Sewer charges workshop

 

Cr Sharon Tapscott asked when a workshop would be held regarding section 64 water and sewer charges on undeveloped properties and if this could be made open to real estate agents, developers and other professionals.

The General Manager advised that plans were in place to run workshops in Eden, Merimbula, Bermagui, Bega on water and sewer development servicing plans and planning contributions and development and these workshops would be appropriate for industry professionals to attend.

 

20.      Confidential Business

There was no confidential business.

21.      Adoption of reports from Closed Session

There were no reports to adopt from the Closed Session.

22.      Resolutions to declassify reports considered in closed session

There were no resolution to declassify reports.

Closure

There being no further business, the Chairperson closed the meeting at 4.04 pm.

 

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

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 30 July 2014.