Held on Wednesday, 1 October 2014
at Council Chambers, Bega commencing at 2.00 pm
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Present Cr Michael Britten, Mayor Cr Liz Seckold, Deputy Mayor Cr Russell Fitzpatrick Cr Keith Hughes Cr Ann Mawhinney Cr Kristy McBain Cr Sharon Tapscott Cr Bill Taylor |
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, Ms Kylee Cowgill 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.
Statement from Mayor Britten
My objective for the next 12 months is twofold;
1. To deal with the requirements for the State Government in the “Fit For the Future” Review and make sure this Council receives the Financial Support it needs (and please remember we are remote but have the advantage of having the States Treasurer as our Local Member)
2. To make sure that Council has a future succession agenda and this involves growing the present Councillors in their proficiencies and toward the end of this term of making sure prospective Candidates know what they are in for.
The next 12 months is vital to the future of this Shire and I would ask that Councillors work together to achieve the best result for the Community and appoint Chairs of Committees whether in Council or outside Council meetings to achieve the best result for the Community.
Statement from General Manager
Mayoral Minute – 10 September 2014
A Mayoral Minute from 10 September 2014 meeting - regarding Children’s Services at Auswide in Merimbula requested a report back to 1 October 2014 meeting.
In the interim, Council staff prepared a report for today’s meeting.
The organisation “Helping Hands” has also been working with Auswide, with a proposal to take over these services.
The report has been deferred until the outcome of the “Helping Hands” option is finalised.
Deputation to Council – 1 October 2014
There was a request to address Council on a response to a Question on Notice in the Council Agenda of 1 October 2014. This is not available under Council’s Code of Meeting Practice.
All parties involved have been advised and will get together as a community group and report back to Council.
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1. |
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RESOLVED on the motion of Crs Taylor and Seckold That the Minutes of the Ordinary Meeting held on 10 September 2014 and the Extraordinary Meeting held on 24 September 2014 as circulated, be taken as read and confirmed. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen |
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RESOLVED on the motion of Crs Seckold, Cr Mawhinney That an apology from Cr Allen be accepted for his inability to attend the meeting In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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3. Declarations
Pecuniary Interest
Cr Mawhinney declared a pecuniary interest regarding Item 9.1 on the basis that a family member may be affected. A signed declaration form was tabled by Cr Mawhinney for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.
There were no deputations.
There were no petitions.
There were no Mayoral Minutes.
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RESOLVED on the motion of Crs McBain and Tapscott That the Ordinary Meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees and alter items of business to deal with Item 12 Staff Reports – Governance and Strategy (Leading Organisation) first. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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2:04 pm The Ordinary meeting adjourned and formed in the committee.
In accordance with Council’s Code of Meeting Practice, Councillor Fitzpatrick assumed the Chair for this section of the agenda.
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8.1 |
Appendix 3 matter at Lot 331 DP 1035434 Bermagui Cobargo Road, Cobargo |
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RESOLVED on the motion of Crs Britten and Mawhinney 1. That the owner be advised that Council supports, in principle, the rezoning of Lot 331 DP 1035434 to R5 Large Lot Residential with a minimum lot size of 5 hectares. 2. That the applicant be advised to prepare a Planning Proposal in accordance with the above resolution and the Department of Planning and Environment’s Guidelines and lodged with Council. The Planning Proposal must demonstrate access to the subject land can be achieved in accordance with current Roads and Maritime Service Guidelines and that on-site effluent disposal issues can be suitably addressed. 3. That a further report be prepared for Council’s consideration after the Planning Proposal is lodged with Council. 4. That the land located between the village and the subject site be considered in the longer term for rezoning to RU5 Village. That such consideration be given in a future comprehensive review of the Bega Valley Local Environmental Plan. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Cr Hughes Absent: Cr Allen |
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8.2 |
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RESOLVED on the motion of Crs Britten and Mawhinney 1. That Council endorse the recommendations as per the confidential attachment. RESOLVED on the motion of Crs Britten and Seckold 2. That Council appoint Mr Don McPhee, Mr Kerry Pfeiffer and Ms Danie Ondinea as community representatives to the Coastal Planning and Management Committee and they be formally advised of their appointment. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen |
In accordance with Council’s Code of Meeting Practice, Councillor Tapscott assumed the Chair for this section of the agenda.
Cr Mawhinney declared a pecuniary interest regarding Item 9.1 on the basis that a family member may be affected. A signed declaration form was tabled by Cr Mawhinney for inclusion in the Register, noting she would depart the meeting room, taking no part in debate or voting on this item.
02:34 pm Cr Mawhinney left the meeting.
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9.1 |
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RESOLVED on the motion of Crs Fitzpatrick and McBain That Council endorses the proposal to progress with construction of two (2) squash courts by inviting tenders, retaining the ability to expand the facility in the future if required. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold and Fitzpatrick Against: Nil Absent: Cr Mawhinney, Cr Allen
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02:39 pm Cr Mawhinney returned to the meeting.
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9.2 |
Council Managed Crown Reserves - 2014/15 Improvements with Crown Lands PRMF Funding |
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RESOLVED on the motion of Crs Fitzpatrick and Britten That Council resolves to accept the grant of $300,000 made to the Council for the projects nominated in the report. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen |
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 |
Agreement with NSW Land and Housing Corporation and Lions Club of Tathra Incorporated |
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RESOLVED on the motion of Crs Taylor and Mawhinney 1. That Council resolve to finalise the Agreement between Council, NSW Land and Housing Corporation and Lions Club of Tathra Incorporated dated 20 May 2002 regarding Lot 870 DP1046983, by transfer to reflect the agreed share entitlement of each party. 2. That the Mayor and/or General Manager be authorised to execute the necessary documents and 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, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen |
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10.2 |
Rescission of the acquisition of the historically proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act |
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123/14 |
RESOLVED on the motion of Crs Britten and Fitzpatrick That the matter be deferred for a further report to include review of options for use of the land for aviation purposes. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Cr Hughes Absent: Cr Allen |
In accordance with Council’s Code of Meeting Practice, Councillor Taylor assumed the Chair for this section of the agenda.
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11.1 |
Design & Construct for the Bega Depot Amenities and Work Crew Shed – Tender RFT 36/14 |
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RESOLVED on the motion of Crs Britten and McBain
1. That Council accept the recommendation as outlined in the confidential attachment. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil
Absent: Cr Allen
RESOLVED on the motion of Crs Britten and McBain 2. That Council accept the tender from Grant Dowdle Building Pty Ltd in relation to contract for the works described in Tender RFT36/14, in the amount of $753,820.00 (including GST), subject to variations, provisional sums and prime cost items. 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That other tenderers be advised of Council’s decision. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil
Absent: Cr Allen
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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 |
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RESOLVED on the motion of Crs Fitzpatrick and Tapscott 1. That Council confirms the naming of the theme reporting and portfolio structure as: · Staff Reports: Planning and Environment (Sustainability); · Staff Reports: Community, Culture and Leisure (Liveability); · Staff Reports: Economic Development and Business Growth (Enterprising); · Staff Reports: Infrastructure Waste and Water (Accessibility); · Staff Reports: Governance and Strategy (Leading Organisation); · Staff Reports: Finance (Leading Organisation). 2. That the objective and terms of reference for each portfolio be noted. 3. That all Councillors be members of the Standing Committees 4. That the following Councillors be nominated to facilitate each Portfolio: · Staff Reports: Planning and Environment (Sustainability); Cr Fitzpatrick · Staff Reports: Community, Culture and Leisure (Liveability); Cr Tapscott · Staff Reports: Economic Development and Business Growth (Enterprising); Cr McBain · Staff Reports: Infrastructure Waste and Water (Accessibility); Cr Taylor · Staff Reports: Governance and Strategy (Leading Organisation);Cr Mawhinney · Staff Reports: Finance (Leading Organisation);Cr Hughes In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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12.2 |
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RESOLVED on the motion of Crs Seckold and Mawhinney 1. That Council note the definitions and purpose of Committees and Panels 2. That Council confirm the following delegates and alternates to Committees, Panels and Organisations as follows: Section 355 Committee/Panel Delegate/Representative 2014/15 Coastal Planning and Management Panel Cr Hughes, Cr Taylor General Cemetery Management Committee Cr Tapscott General Halls Management Committee Cr Mawhinney General Sportsground Committee Cr Britten, Cr Allen Access Committee Cr Tapscott Business Growth Committee Cr McBain, Cr Fitzpatrick
Internal or Community Committee/Panel Delegate/Representative 2014/15 Integrated Water Cycle Management reference Panel Cr Hughes, Cr Taylor Community Environment Grants Committee Cr Hughes, Cr Mawhinney Heritage Grants Committee Cr Hughes, Cr Seckold Internal Audit Committee Cr Mawhinney Internal Finance Committee Chair: Cr Britten Cr Delegates: All other Councillors Police Liaison Committee Cr Britten Local Traffic Committee &Traffic Development Advisory Committee Cr Taylor Bega Valley Shire "On Track" Committee Cr Seckold Bega Valley Medallion Committee Cr Britten Youth Council Cr Seckold Communications and community engagement reference group Cr Mawhinney External Groups Committee/Organisation Delegate/Representative 2014/15 Southern Councils Group Cr Britten, Cr Taylor South East Region of Councils (SEROC) Cr Britten, Cr Taylor Local Government NSW Cr Britten, Cr Mawhinney, Cr Taylor Sapphire Coast Tourism Limited Board Cr Tapscott Southern Joint Regional Planning Panel Cr Taylor, Cr McBain Cr Allen (Alt), Cr Britten (Alt) South East Arts Cr Mawhinney Bega Valley Bush Fire Management Cr Tapscott Bega Valley Business Forum Cr McBain Country Public Library Association Cr Mawhinney Mumbulla Foundation Cr Taylor South East Regional Academy of Sport Cr Seckold Biamanga National Park Cr Hughes Batemans Marine Park Cr Hughes 3. Councillor/s nominated as Portfolio Chairs, be the Council’s delegate to relevant Reference Panels as outlined in the attached Committee and Panel Structure 4. That all the Committees and Organisations listed, be advised of the appointed delegates and that they be requested to forward notice of meetings and the like, directly to the Council appointed delegates In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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RESOLVED on the motion of Crs Tapscott and McBain 1. That Councillors note they are required to lodge Pecuniary Interest Returns under Section 449 of the Act. 2. That members of the Independent Audit Committee and the officers of the Council listed in the report submitted on 1 October, 2014 be “designated persons” under the provisions of the Act requiring them to submit a Pecuniary Interest Return. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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RESOLVED on the motion of Crs McBain and Seckold That Council note the Gift Register activities since September 2013. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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12.5 |
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RESOLVED on the motion of Crs Britten and Taylor 1. That Council note the Councillors’ Development Program for 2014/15. 2. That Council nominate 3 councillors to attend the Australian Coastal Council’s Conference 3. That Council agree the number of Delegates to represent Council at the nominated conference/s as follows: March 2015 LG Government NSW Tourism Conference 1 Councillor March 2015 Australian Local Government Women’s Association 1 Councillor June 2015 Australian LG Association National General Assembly 3 Councillors General Manager will also attend July 2015 International Cities Town Centres and Communities Society Conference, Wollongong 2 Councillors Staff Member will also attend, not necessarily the General Manager TBA Australian Public Sector Anti-Corruption Conference 1 Councillor In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold and Mawhinney Against: Cr Fitzpatrick Absent: Cr Allen
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12.6 |
Southern Councils Group Board Meeting Minutes 7 March, 29 May and 18 July 2014 |
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RESOLVED on the motion of Crs Britten and Taylor That Council note the resolutions of the Southern Councils Group Board Meeting held on 7 March, 2014, 29 May 2014 and 18 July 2014. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen |
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12.7 |
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This item has been deferred due to Independent Internal Audit Committee members wishing to meet with Council. |
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12.8 |
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RESOLVED on the motion of Crs Britten and Mawhinney 1. That Council resolve that the Council’s general purpose financial report is prepared in accordance with: a) The Local Government Act 1993 (as amended) and the Regulations made there under; and b) The Australian Accounting Standards and professional pronouncements; and c) The Local Government Code of Accounting Practice and Financial Reporting; and d) Presenting fairly the Council’s operating result and financial position for the year; and e) According with Council’s accounting and other records. 2. The Council’s Special Purpose Financial Reports are prepared in accordance with: a) NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and b) Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and c) The Local Government Code of Accounting Practice and Financial Reporting; and d) The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines. e) Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and f) According with Council’s accounting and other records. 3. That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way, and include such information in the statement. 4. That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993. 5. That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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2:57 pm The Ordinary Meeting was reconvened.
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13. |
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RESOLVED on the motion of Crs McBain and Seckold That all Motions recorded in the Standing Committees, including votes for and against and acknowledging declarations of interest already made, be adopted in and by the Ordinary Council Meeting. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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14.1 |
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There were no rescission/alternation motions.
There were no notices of motion.
17. Urgent Business
There was no urgent business.
19. Questions for the Next Meeting
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19.3 |
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Cr Keith Hughes raised a question regarding the use of plastic bags in the Shire. The question was taken on notice by the Group Manager Strategy and Business Services. |
3:08 pm The meeting was adjourned to allow for questions from the Media.
3:09 pm The meeting was reconvened.
20. Confidential Business
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RESOLVED on the motion of Crs Taylor and Tapscott 1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 20.1 Declassification of Closed Session Report for the acquisition of property Chandos Street, Eden 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 (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. 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, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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21. Adoption of reports from Closed Session
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RESOLVED on the motion of Crs Fitzpatrick and Mawhinney That reports from Closed Session be adopted In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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22. Resolutions to declassify reports considered in closed session
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RESOLVED on the motion of Crs Tapscott and Taylor That Council declassify the report considered in closed session In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Cr Allen
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Closure
There being no further business, the Chairperson closed the meeting at 3:11 pm.
CONFIRMED .......................................................................................................
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 1 October 2014.