Held on Wednesday, 10 September 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 Kristy McBain Cr Liz Seckold Cr Sharon Tapscott |
In Attendance General Manager, Ms Leanne Barnes Acting Group Manager Transport and Utilities, Mr Graeme Williams 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, 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.
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1. |
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191/14 |
RESOLVED on the motion of Crs Seckold and McBain That the Minutes of the Ordinary Meeting held on 20 August 2014 as circulated, be taken as read and confirmed. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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2. |
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192/14 |
RESOLVED on the motion of Crs Britten and Tapscott That an apology from Cr Mawhinney be accepted for her inability to attend the meeting In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
3. Declarations
Pecuniary Interest
Cr Fitzpatrick declared a non-pecuniary interest regarding item 10.3 Financial Assistance on the basis that he is the Chairman of the Pambula AH&P Society.
Cr Fitzpatrick will depart the chamber, and will take no part in debate or voting on this item.
There were no deputations
Cr Taylor tabled a petition regarding support for the Bemboka Pool which had 317 signatures.
Cr Bill Taylor submitted a Mayoral Minute which will be dealt with under Item 17 Urgent Business
Children’s Services Merimbula
Council has very recently been made aware of the challenges facing Auswide in relation to the potential loss of programs in after school and vacation care operated in Merimbula
Council is aware of the importance of these programs to the families that access them and the impact that any loss of service, even a temporary one, will have.
Council has already shown it is keen to work with Auswide, the community and other providers to minimise the impact of any loss of these services and to find a resolution to this issue for those families.
The process of transferring licenses to operate after school and vacation care for children is a legislated one and involves processes with both state and federal government agencies that include minimum timeframes. As well, Council is obliged to undertake due diligence, particularly when it relates to services for children.
It is regretted that Auswide is in a position that does not allow it to continue to provide these valuable community services in Merimbula.
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7. |
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193/14 |
RESOLVED on the motion of Crs Britten and Tapscott 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, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
2:05 pm The Ordinary meeting adjourned and formed in the 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 |
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194/14 |
RESOLVED on the motion of Crs Fitzpatrick and McBain
That Council supports the preparation of a draft Community Sharps Management Plan. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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8.2 |
Public Exhibition - Central Business District Landscape Masterplans |
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195/14 |
RESOLVED on the motion of Crs McBain and Seckold
1. That the draft CBD landscape masterplans for Merimbula, Bega and Bermagui be placed on public exhibition for a period of six (6) weeks from Monday 15 September 2014 to Friday 24 October 2014. 2. That a report be presented to Council following the public exhibition, detailing the results of the public exhibition and recommending any suggested amendments to the Masterplans, prior to their final adoption by Council. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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.
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9.1 |
Bemboka and Eden Pools; hours of operation for the 2014/15 season |
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196/14 |
RESOLVED on the motion of Crs Hughes and Tapscott
That the hours of operations for Bemboka and Eden pools are adopted as follows; Bemboka 2.00pm to 6.00pm Monday to Sunday. 10.00am to 6.00pm Monday to Sunday during January Eden Monday/Wednesday/Friday 10.00am – 6.00pm Tuesday/Thursday 6.00am – 9.00am & 2.00pm – 6.00pm 6.00am- 6.00pm during January Saturday/Sunday 10.00am – 6.00pm In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
In accordance with Council’s Code of Meeting Practice, Councillor McBain assumed the chair for this section of the agenda.
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10.1 |
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197/14 |
RESOLVED on the motion of Crs Tapscott and Seckold
That Council note the Tourism Future14 Summit for information. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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10.2 |
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198/14 |
RESOLVED on the motion of Crs Tapscott and Seckold 1. Council approve the activation of the three (3) year extension to the funding agreement as per the terms attached to this report. 2. Council authorise the Mayor and General Manager to execute any necessary documents in order to action the resolution above. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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10.3 |
Applications
for Financial Assistance - Section 356 |
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199/14 |
02:22 pm Cr Fitzpatrick left the meeting. RESOLVED on the motion of Crs Britten and Allen
1. That Council agree to fund items 1,2,3,4 and 6 of the conclusion as recommended in the confidential attachment. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney RESOLVED on the motion of Crs Britten and Seckold
2. That Council support the following projects at the nominated level of support · Pambula AH&P Society $1695.00 · Bega Mens Shed $2000.00 · Atlas of Life in the Coastal Wilderness (ALCW) $5,000.00 · Eden Whale Festival $7,000.00 · Merimbula Chamber of Commerce $15,000.00 3. That all successful applicants be advised accordingly 4. That all unsuccessful applicants be contacted and provided feedback on their application 5. That the confidential memo be declassified In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney 02:31 pm Cr Fitzpatrick returned to the meeting. |
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 |
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200/14 |
RESOLVED on the motion of Crs Allen and McBain That Council support the Bega Valley Relay for Life event by providing in-kind support via loan of minor traffic equipment to be controlled and supervised by volunteers at no cost to Council. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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11.2 |
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201/14 |
RESOLVED on the motion of Crs Allen and Taylor
1. That Council endorse the electrical energy supply contract for large sites to ERM Energy from 1 July 2015 to 31 December 2017. 2. That Council endorse the electrical energy supply contract for street lighting to ERM Energy from 1 January 2017 to 31 December 2017. 3. That Council endorse the action taken by officers in securing the contract. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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11.3 |
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202/14 |
RESOLVED on the motion of Crs Britten and Allen
That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 6 August 2014 and approve the following: Reboot in Bermagui – 27 & 28 September 2014 1 That the proposed traffic arrangements involving the Fun Run and the temporary closure of Lamont Street and Wallaga Streets on Saturday, 27 September 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. 2 That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 3 That organisers fully implement an approved Special Event Transport Management Plan with an amendment to be made to the submitted Event Transport Management Plan to include “No Through Road” & “Parking Only” signs at the intersection of Lamont and Montague Streets to avoid traffic congestion. 4 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. 5 That organisers have written Police approval prior to conducting the event. Extension to 2 hour time restricted parking – Main Street, Merimbula That Council approves the installation of 2 hour time restricted parking (8.30am to 6pm Monday to Friday and 8.30am to 12.30pm on Saturdays) from the western edge of the existing No Stopping Zone adjacent to the Merimbula Woolworths to the eastern edge of the existing No Stopping Zone adjacent to the driveway to No. 88 Main Street, being a distance of approximately 100 metres. That Council approves the installation of 2 hour time restricted parking (8.30am to 6pm Monday to Friday and 8.30am to 12.30pm on Saturdays) from the western edge of the existing No Stopping Zone adjacent to Club Sapphire to the existing No Stopping Zone adjacent to the Club Sapphire car park entrance, being a distance of approximately 70 metres. No Stopping Zone corner Elizabeth Street and Fishpen Road, Merimbula That Council approve the placement of No Stopping zone signs on the northern side of the intersection of Elizabeth Street and Fishpen Road and extending the Fishpen leg to a distance of 17 metres. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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11.4 |
Road Closure - section of unformed laneway between Auckland and Little Church Streets in Bega |
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203/14 |
RESOLVED on the motion of Crs Britten and McBain
1. That Council approve the lodgement of a road closure application to formally close the section of unformed laneway between Auckland and Little Church Streets in Bega as indicated on the map attached to the report to Council of 10 September 2014. 2. 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 document, under the signature of the Mayor and General Manager. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
In accordance with Council’s Code of Meeting Practice, in the absence of Councillor Mawhinney, Councillor Taylor 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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204/14 |
RESOLVED on the motion of Crs Allen and Tapscott 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, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
2:37 pm The Ordinary Meeting was reconvened.
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13. |
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205/14 |
RESOLVED on the motion of Crs Britten and McBain That all motions recorded in the Standing Committees, including votes for and against and declarations be adopted in and by the Ordinary Council Meeting In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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14.1 |
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Cr Liz Seckold advised that a further report will be provided to Council following her recent attendance at the SERAS meeting. |
There were no rescission/alteration motions.
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16.1 |
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206/14 |
A motion was moved by Crs Hughes and Seckold 1. That Council write to the Federal Minister for Health, the Federal Leader of the Opposition, the Federal Leader of the Greens and the Federal Leader of the Palmer United Party to express Council’s opposition to the introduction of the proposed Medicare GP co-payment, for the reasons given above 2. That Council write to “Save Medicare” to indicate support for its ongoing campaign to stop the introduction of the Medicare GP co-payment In favour: Crs McBain, Hughes, Tapscott and Seckold Against: Crs Taylor, Britten, Allen and Fitzpatrick Absent: Cr Mawhinney Cr Taylor used his casting vote and the motion was lost.
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17. Urgent Business
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S.1 |
Children's Services Merimbula - request for assistance |
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207/14 |
RESOLVED on the motion of Crs Taylor
That Council staff continue to liaise with Auswide staff and prepare a report for the next Council meeting outlining the issues, social and financial impacts and alternative possible resolutions for consideration by Council. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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18.1 |
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The General Manager advised that responses to Questions on Notice from the last meeting for the Group Manager Transport and Utilities Group had been distributed to Councillors. |
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18.6 |
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Cr Keith Hughes asked Councillors would they object to the removal of the portrait of the Queen from the Council Chambers. |
19. Questions for the Next Meeting
There were no questions for the next meeting.
2:52pm The chairperson approved a brief adjournment to allow the media to ask questions.
2:53pm The meeting was reconvened.
20. Confidential Business
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1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 20.1 Merimbula Land Redevelopment Options 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 (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret. 2. 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. 3. 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, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
21. Adoption of reports from Closed Session
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, Hughes, Tapscott, Seckold and Fitzpatrick
Against: Cr Allen
Absent: Cr Mawhinney
22. Resolutions to declassify reports considered in closed session
There were no resolutions to declassify reports considered in closed session
Closure
There being no further business, the Chairperson closed the meeting at 3:18 pm.
CONFIRMED .......................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 10 September 2014.