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Present Cr Michael Britten, Mayor Cr Liz Seckold, Deputy Mayor Cr Tony Allen Cr Russell Fitzpatrick Cr Keith Hughes Cr Kristy McBain Cr Liz Seckold Cr Sharon Tapscott Cr Bill Taylor
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In Attendance Acting General Manager and Group Manager Planning and Environment, Mr Andrew Woodley Group Manager Transport and Utilities, Mr Wayne Sartori Group Manager Community Relations and Leisure, Mr Anthony Basford Group Manager Strategy and Business Services, Mr Lucas Scarpin Minute Secretary |
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. |
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RESOLVED on the motion of Crs Seckold and Taylor That the Minutes of the Ordinary Meeting held on 22 October 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 |
2. |
Apologies |
273/14 |
RESOLVED on the motion of Crs Taylor and Seckold That the apology from Cr Mawhinney for this meeting and request for leave of absence from Cr McBain for the months of December 2014 and January 2015 be accepted. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
Acting General Manager, Mr Andrew Woodley declared a pecuniary interest regarding Items 9.2 Future of the Bega Women's Refuge, 17.1 Bega Women's Resource Centre - Support for "Save our Services" and 17.2 Support for women's refuges and essential domestic violence protection services, on the basis that a family member is employed by some of the services involved. A signed declaration form was tabled by Mr Woodley for inclusion in the Register, noting he would depart the meeting room.
Cr Hughes declared a non-pecuniary interest regarding Item 12.4 C Bega Valley Citizen and Young Citizen of the Year 2015 on the basis that there may be a perceived personal interest . A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting he would depart the meeting room, taking no part in debate or voting on this item.
Cr Fitzpatrick declared a non-pecuniary interest regarding Item 22.1 Closed Session Report Merimbula Land: Redevelopment Options on the basis that he is the director of a company that could be involved . A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting he would depart the meeting room, taking no part in debate or voting on this item.
4. Deputations (by prior arrangement)
There were no deputations.
There were no petitions.
S.1 |
South East Australia Transport Strategy Incorporated (SEATS) - Membership |
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The Mayor presented the following background to his Mayoral Minute: At my own volition I attended the recent South East Australia Transport Strategy Incorporated (SEATS) meeting at Nowra where thirty Representatives from north of Melbourne to Wondilly in NSW and inland from Bombala, Cooma, ACT, Palarang and Goulburn met to determine freight transfer by road and air. The meeting was addressed by Andrew Constance, the State Treasurer on its 20 year history of assisting Government and was praised for its ability to contribute to the economic development of NSW. As part of the meeting I made a presentation on our intentions for the Port of Eden, the Merimbula Airport and on Imlay Road south of Eden as a vital link to the hinterland for the future growth of our Region. As a result we were well received with an invitation to list our priorities for roads and bridges within our Shire by the end of November 2014. The State Government is presently assessing bridges throughout NSW that need attention and replacement – 16,000 overall and 10,000 affecting local government and 2,000 of which are timber bridges. This Shire has 227 bridges including 57 timber bridges and is the longest coastal Shire in NSW. SEATS has been invited by the NSW Government in listing those bridges to be declared fit for the purpose for financing in 2015 and this Council needs to be part of that submission. I therefore recommend the Bega Valley Shire re-join SEATS at a modest cost of some $4,318.00 pa and gain the benefits available for our future growth. A motion was moved by Cr Britten That the Bega Valley Shire Council re-join South East Australia Transport Strategy Incorporated (SEATS) in order to progress the expansion of the Port of Eden; the Merimbula Regional Airport and Imlay Road as a major transport link to the hinterland for the purposes of growing the Economic Development of the Bega Valley Shire. |
RESOLVED on the motion of Cr BrittenThat the Bega Valley Shire Council re-join South East Australia Transport Strategy Incorporated (SEATS) in order to progress the expansion of the Port of Eden; the Merimbula Regional Airport and Imlay Road as a major transport link to the hinterland for the purposes of growing the Economic Development of the Bega Valley Shire. In favour: Crs Taylor, Britten, McBain and Tapscott Against: Cr Allen, Fitzpatrick, Hughes and Seckold Absent: Cr Mawhinney The motion was passed on the casting vote of the mayor |
7. |
Adjournment into Standing Committees |
275/14 |
RESOLVED on the motion of Crs McBain and TapscottThat 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 |
2.15 pm The Ordinary meeting adjourned and formed in the committee.
There were no Planning and Environment reports
In accordance with Council’s Code of Meeting Practice, Cr Tapscott assumed the chair for this section of the agenda.
9.1 |
Application for Packaged Liquor Licence in Bermagui: Community Impact Statement |
RESOLVED on the motion of Crs Britten and Seckold1. That Council reaffirms the contents of its submission of 5 September 2014 on the community impact statement that can be largely summarised as: · The prevalence of liquor licences currently in Bermagui in relation to the population. · The lack of specific consultation with key stakeholders and health and community service providers working with the Bermagui community. · The extended opening hours proposed; and · Impacts on the general health and wellbeing of the people in Bermagui. 2. That Council recommends further local research and consultation needs to occur, particularly with local health and community service providers, to better determine the impact on the community of Bermagui, and that this research be done before a decision is made by the Office of Liquor, Gaming and Racing. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott and Seckold Against: Crs Allen and Fitzpatrick Absent: Cr Mawhinney |
9.2 |
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2.26 pm |
Non-Pecuniary InterestActing General Manager, Mr Andrew Woodley declared a pecuniary interest regarding Items 9.2 Future of the Bega Women's Refuge, 17.1 Bega Women's Resource Centre - Support for "Save our Services" and 17.2 Support for women's refuges and essential domestic violence protection services, on the basis that a family member is employed by some of the services involved. He departed the meeting room. Mr Satori took the role of Acting General Manager during Mr Woodley’s absence. |
RESOLVED on the motion of Crs Britten and McBainThat Council note the information provided and use this information to inform their decisions relating to two Notices of Motion listed later in the business paper. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
2.27 pm The Acting General Manager returned to the room.
In accordance with Council’s Code of Meeting Practice, Cr McBain assumed the chair for this section of the agenda.
10.1 |
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RESOLVED on the motion of Crs Britten and TapscottThat Council note the report. 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, Cr Taylor assumed the chair for this section of the agenda.
11.1 |
Wonboyn Boat Ramp and Jetty Reconstruction Project: RFT 44/14 |
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RESOLVED on the motion of Crs Fitzpatrick and Seckold That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Mawhinney |
RESOLVED on the motion of Crs Fitzpatrick and McBain1. That Council accept the tender from GPM Constructions in relation to contract for the works described in Tender 44/14, in the amount of $361,783.55 (incl GST), subject to variations, provisional sums and prime cost items. 2. That authority is delegated to the General Manager to execute all necessary documentation. 3. That the other tenderers be advised of Council’s decision. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Mawhinney |
11.2 |
Bega Valley Sewerage Program - Sale of Tenix Holdings Australia Pty Ltd to Downer EDI Engineering Power Pty Ltd |
RESOLVED on the motion of Crs Fitzpatrick and TapscottThat Council formally advise Tenix Australia Pty Ltd that it consents to the “change of control” as per Section 54 of the contract deed. 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, Cr Britten assumed the chair for this section of the agenda in Cr Mawhinney’s absence.
12.1 |
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RESOLVED on the motion of Crs McBain and TaylorThat Council approves the revised Internal Audit Committee Charter and notes the intention to seek expressions of interest for the two independent external member’s positions. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
12.2 |
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RESOLVED on the motion of Crs Tapscott and Seckold 1. That Council note the Southern Phone Grants Program Information Kit and Guidelines (as attached to the report. 2. That applications for funding are advertised immediately via the Mayor, and that Council apply for the Southern Phone Grants Scheme with projects determined by the Mayor and Councillors. 3. That for 2014 the Mayor appoint the Executive Assistants as the Grant Administrator. 4. That acquittals are provided back to Southern Phone in the required timeframe In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
12.3 |
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RESOLVED on the motion of Crs Hughes and TaylorThat Council note the report on Lodgement of Pecuniary Interest Returns period ending 30 June 2014. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
12.4 |
2015 Citizen of the Year and Young Citizen of the Year Awards |
RESOLVED on the motion of Crs Allen and SeckoldThat this item be deferred to Closed Session for discussion on the basis that the report concerns:- a) personal matters concerning particular individuals (other than councillors), In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney
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In accordance with Council’s Code of Meeting Practice, Cr Hughes assumed the chair for this section of the agenda.
13.1 |
Certificate of Investments made under Section 625 of the Local Government Act, 1993 |
RESOLVED on the motion of Crs Fitzpatrick and Taylor1. 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 |
13.2 |
Bermagui Surf Life Saving Club - request for reduction in loan repayments |
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A motion was moved by Crs Britten and Seckold That Council approve Bermagui Surf Life Saving Club’s request to reduce the annual loan repayment amount to $5,400 annually with an extension to the interest free loan period for a further 5 years. A motion was foreshadowed by Cr Fitzpatrick That the matter be deferred pending examination of the Bermagui Surf Life Saving Club’s annual financial statements as outlined in the deed of agreement. An amendment was moved by Cr Tapscott that the approval of the extension of the loan be reliant upon the provision of the financial statements. Cr Britten accepted the amendment The motion now reads: That Council approve Bermagui Surf Life Saving Club’s request to reduce the annual loan repayment amount to $5,400 annually with an extension to the interest free loan period for a further 5 years subject to the provision of the 2013/14 Financial Statements of the Bermagui Surf Life Saving Club, to the satisfaction of the General Manager. Cr Fitzpatrick withdrew his foreshadowed motion. The motion was put to the vote and it was CARRIED |
RESOLVED on the motion of Crs Britten and SeckoldThat Council approve Bermagui Surf Life Saving Club’s request to reduce the annual loan repayment amount to $5,400 annually with an extension to the interest free loan period for a further 5 years subject to the provision of the 2013/14 Financial Statements of the Bermagui Surf Life Saving Club, to the satisfaction of the General Manager. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr Mawhinney |
13.3 |
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A motion was moved by Crs Britten and Allen 1. That Council note the dividend of $196,105.32 declared by Southern Phone Company Limited to Bega Valley Shire Council. 2. That Council resolves to use the dividend income from Southern Phone Company to fund projects for:. · Bruce Steer Pool Bermagui, improvements: beach and ocean pool access $105,000.32 · Bega Recreation Ground, improvements: cricket/soccer change rooms $90,000.00 An amendment was moved by Cr Tapscott 1. That Council note the dividend of $196,105.32 declared by Southern Phone Company Limited to Bega Valley Shire Council. 2. That Council resolves to use the dividend income from Southern Phone Company to fund projects for:. · Bruce Steer Pool Bermagui, improvements: beach and ocean pool access $105,000 · Pambula Pony Club, construction of a replacement Clubhouse: $15,000 Non-Pecuniary InterestCr Fitzpatrick declared a non-pecuniary interest on the basis he is the chair of the Pambula Sportsground Committee. The amendment lapsed for want of a seconder. The motion was put to the vote and it was CARRIED |
RESOLVED on the motion of Crs Britten and Allen1. That Council note the dividend of $196,105.32 declared by Southern Phone Company Limited to Bega Valley Shire Council. 2. That Council resolves to use the dividend income from Southern Phone Company to fund projects for:. · Bruce Steer Pool Bermagui, improvements: beach and ocean pool access $105,000 · Bega Recreation Ground, improvements: cricket/soccer change rooms $95,000 In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
RESOLVED on the motion of Crs Hughes and Taylor
That the Ordinary Meeting be reconvened.
3.19 pm The Ordinary Meeting was reconvened.
14. |
Adoption of reports from Standing Committees |
288/14 |
RESOLVED on the motion of Crs McBain and HughesThat 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, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
Councillor Hughes reported that the Plan of Management has been gazetted that will guide the management of the Biamanga National Park.
Cr Hughes reported that he and Cr Taylor attended the first meeting held since they were appointed delegates. Matters discussed included the importance of Council’s relationship with Local Land Services and concern for their funding cuts.
Cr Taylor advised staff will circulated the draft minutes to Councillors for report to a future Council meeting.
16. Rescission/alteration Motions
There were no Rescission or alteration motions.
17.1 |
Bega Women's Resource Centre - Support for "Save our Services" |
3.22 pm |
Pecuniary InterestMr Woodley declared a pecuniary interest on the basis a family member works for some of the services involved, and departed the meeting room. Mr Sartori took the role of Acting General Manager in Mr Woodley’s absence. A motion was moved by Cr Tapscott and Seckold 1. That Bega Valley Shire Council support ‘Save our Services’ in their requesting, by petition to Parliament, that there be debate on the tendering process that led to loss of critical services for women and children escaping domestic violence in rural areas, particularly the Bega Valley. 2. That Bega Valley Shire Council encourage all other councils who have experienced loss of service through this tendering process to also support the debate on this process. 3. That Bega Valley Shire Council, as a priority, engage in some meaningful discussions on what practical solutions it may offer, in looking for options to reduce homelessness and increased crisis care within our local government area for all sections of our community A motion was foreshadowed by Cr Taylor That Bega Valley Shire Council strongly supports the functioning of refuges and associated referral services as they are critical to the ongoing wellbeing of our community as a whole, and the safety of residents in our Shire and in the surrounding region specifically. The motion was put the vote and it was LOST In favour: Crs Hughes, Tapscott and Seckold Against: Crs Taylor, Britten, McBain, Allen and Fitzpatrick Absent: Cr Mawhinney A motion was moved by Cr Taylor and Fitzpatrick That Bega Valley Shire Council strongly supports the functioning of refuges and associated referral services as they are critical to the ongoing wellbeing of our community as a whole, and the safety of residents in our Shire and in the surrounding region specifically. An amendment was moved by Crs Hughes and Seckold 1. That Bega Valley Shire Council strongly supports the functioning of refuges and associated referral services as they are critical to the ongoing wellbeing of our community as a whole, and the safety of residents in our Shire and in the surrounding region specifically. 2. That the approved provider be given adequate resources to run the service. The amendment was put to the vote and it was LOST In favour: Crs Hughes, Tapscott and Seckold Against: Crs Taylor, Britten, McBain, Allen and Fitzpatrick Absent: Cr Mawhinney The motion was put to the vote and it was CARRIED. |
RESOLVED on the motion of Crs Taylor and Fitzpatrick That Bega Valley Shire Council strongly supports the functioning of refuges and associated referral services as they are critical to the ongoing wellbeing of our community as a whole, and the safety of residents in our Shire and in the surrounding region specifically. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
3.47 pm Acting General Manager, Andrew Woodley returned to the meeting room
There was no urgent business.
19.1 |
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The response provided in the Agenda for the meeting 12 November 2014 was noted. |
19.2 |
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The response provided in the Agenda for the meeting 12 November 2014 was noted. |
19.3 |
Renew the Valley Model - Question from Cr Russell Fitzpatrick |
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The response provided in the Agenda for the meeting 12 November 2014 was noted. |
19.4 |
Establishment of a Tech Park - Question from Cr Kristy McBain |
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The response provided in the Agenda for the meeting 12 November 2014 was noted. |
Cr Seckold reported on the following activities she has been involved in:
· Walk with Us -a walk for mental health and suicide risk awareness was held on 29 October with 150 people attending. Stalls provided information on mental health support eg SPAN, Richmond PRA, Bega Valley Family Support Service and Workability. Dane Waites began the walk and Fay Jackson, Deputy Commission of NSW Mental Health Commission also attended.
· Attended the Bega Valley Shire Homelessness meeting on 30 October 2014
· Launched Model Ships at Tathra Wharf Museum on 30 October 2014
· Attended, with Councillor Britten, the Reconsidering Waste Forum at Bournda on 31 October, 2014.
· Attended the opening of the Eden Whale Festival on 31 October, 2014
· Attending the Tathra School Halloween Fete on 31 October, 2014
· Presented a NAIDOC award to Lily Dixon at Merimbula Public School on 3 November, 2014.
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Suspension of Standing Orders |
RESOLVED on the motion of Crs Taylor and McBain That Standing Orders be suspended to allow questions from the media. In favour: Crs Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
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Adjournment Into Closed Session |
291/14 |
RESOLVED on the motion of Crs Taylor and McBain1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 22.1 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. 22.2 Merimbula Service Road 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. 22.2 2015 Citizen of the Year and Young Citizen of the Year Awards (deferred from Item 12.4) 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 (a) personal matters concerning particular individuals (other than councillors), 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 |
22.1 |
Merimbula Land: Redevelopment Options |
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Non-Pecuniary InterestCr Fitzpatrick declared a non-pecuniary interest regarding Item 22.1 Closed Session Report Merimbula Land: Redevelopment Options on the basis that he is the director of a company that could be involved. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register. Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item. |
RESOLVED on the motion of Crs McBain and Tapscott That Council endorses the decision of the Closed Session. In favour: Crs Taylor, Britten, McBain, Tapscott and Seckold Against: Crs Hughes and Allen Absent: Cr Mawhinney DECLARED |
Cr Fitzpatrick returned to the meeting room
21.2 |
Merimbula Service Road |
RESOLVED on the motion of Crs McBain and Seckold That Council endorses the decision of the Closed Session. In favour: Crs Taylor, Britten, Hughes, McBain, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney |
21.3 |
Bega Valley Citizen and Young Citizen of the Year |
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Non Pecuniary InterestCr Hughes declared a non-pecuniary interest regarding Item 12.4 C Bega Valley Citizen and Young Citizen of the Year 2015 on the basis that there may be a perceived personal interest . Cr Hughes departed the meeting room, taking no part in debate or voting on this item. |
RESOLVED on the motion of Crs Taylor and McBain 1. That Council endorses the closed session selection for the Bega Valley Shire Citizen of the Year for 2015. 2. That Council endorse the closed session selection for the Bega Valley Shire Young Citizen of the Year for 2015. 3. That the successful nominees be advised they will be presented with their awards at the Australia Day ceremony to be held in Bega on 26 January 2015, and that announcement of the awardees will be kept confidential until the official Australia Day program is released. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Allen and Fitzpatrick Against: Nil Absent: Cr Mawhinney DECLARED |
Cr Hughes returned to the meeting room
There were no reports to declassify.
There being no further business, the Chairperson closed the meeting at 5.10 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 12 November 2014.