Ordinary Meeting Minutes

Held on Wednesday 3 December 2014

At Council Chambers, Bega Commencing at 2.00 pm

 


 Present

Cr Michael Britten, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Russell Fitzpatrick

Cr Keith Hughes

Cr Liz Seckold

Cr Sharon Tapscott

Cr Bill Taylor

 In Attendance

General Manager, Ms Leanne Barnes

Acting Group Manager Transport and Utilities, Mr Jim Collins

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community Relations and Leisure, Mr Anthony Basford

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.

The Mayor noted that today was the International Day for People with Disabilities, and noted that ther is a display in Littleton Gardens.

1.

Confirmation of Minutes

302/14

RESOLVED on the motion of Crs Seckold and Tapscott

That the Minutes of the Extraordinary Meeting held on 26 November 2014 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

 

2.

Apologies

303/14

RESOLVED on the motion of Crs Seckold and Taylor

That the leave of absence from 1 December 2014 to 31 January 2015 requested by Cr McBain approved on 12 December, 2014, be noted and the apology from Cr Mawhinney be accepted.

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

3.    Declarations

Non Pecuniary Interest

Cr Allen declared a non-pecuniary interest regarding Item 11.2  Cobargo Showground Trust - Connection To Pressure Sewerage, on the basis he is a member of the Cobargo Showground Trust

A signed declaration form was tabled by Cr Allen for inclusion in the Register noting Cr Allen would remain in the meeting room, but take no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

The chair noted the request to address Council received from David Burroo Dixon, for and on behalf of the Djiringanj and Ngarigo regarding Item 17.1 - Portrait of the Queen.  It was agreed that Item 4 - Deputations be deferred until Mr Dixon was able to attend.

5.        Petitions

There were no Petitions tabled.

6.        Mayoral Minutes

There were no Mayoral Minutes.

7.

Adjournment into Standing Committees

304/14

RESOLVED on the motion of Crs Tapscott and Taylor

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, Hughes, Tapscott, Seckold, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

2.03 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, Cr Fitzpatrick assumed the chair for this section of the agenda.

8.1

Finalisation of Planning Proposal: South Bega Industrial - Part Lot 2432 DP 793758

305/14

RESOLVED on the motion of Crs Tapscott and Taylor

1.      That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 subject to the minor alterations contained in Figure 4 of this report.

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

3.      That the person who has made a submission be advised of the above.

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

Against:                  Cr Hughes

Absent:                    Crs McBain and Mawhinney

 

9.    Staff Reports – Community, Culture and Leisure (Liveability)

There were no Community, Culture and Leisure Reports.

 

10.  Staff Reports – Economic Development and Business Growth (Enterprising)

In accordance with Council’s Code of Meeting Practice, Cr Britten assumed the chair for this section of the agenda, in Cr McBain’s absence.

10.1

Development opportunities for Merimbula CBD

306/14

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.      That Council authorise the General Manager to prepare development packs for the Park Street/Palmer Lane, and Cabarita Place properties.

2.      That a further report be brought before Council presenting the contents of the development packs, and recommending the assessment panel membership.

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

11.  Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, Cr Taylor assumed the chair for this section of the agenda.

11.1

Bega Valley Local Traffic Committee Meeting - 5 November 2014

307/14

RESOLVED on the motion of Crs Britten and Tapscott

That Council note the advice of the Bega Valley Local Traffic Committee meeting held on 1 October 2014 and approve the following:

Temporary Closure of Imlay Street, Eden - Eden Retail Promotion 18 December 2014

1.         That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.30pm to 9pm on Thursday, 18 December 2014 for the Eden Christmas Promotion.

2.         That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce Retail Promotion on Thursday, 18 December 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.

3.         That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4.         That organisers fully implement an approved Special Event Transport Management Plan.

5.         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.

6.         That organisers have written Police approval prior to conducting the event.

7.         That the event achieves all conditions of Council’s issued Land Use approval.

Far South Coast National Show, Bega – 20, 21, 22 February 2015

1.         That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound /southbound from 9am to 5pm on 20, 21 and 22 February 2015 for the Far South Coast National Show.

2.         That the proposed traffic arrangements for the Far South Coast National Show 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.

3.         That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4.         That organisers fully implement an approved Special Event Transport Management Plan.

5.         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.

6.         That organisers have written Police approval prior to conducting the event.

Zingel Place, Bega – Cul-de-sac give way

That Council supports the installation of line marking (TB give way lines) on both car park entries to the cul-de-sac in Zingel Place, Bega i.e. the underground car park on the southern side of the cul-de-sac and the car park on the northern side, adjacent to Sapphire Market Place.

Tathra Wharf to Waves Bike Ride – 17 January 2015

1.         That, subject to conditions, the on-road components of the Tathra Wharf to Wave Bike Ride on Saturday, 17 January 2015 be approved.

2.         That the proposed traffic arrangements for the Wharf to Wave Bike Ride on Saturday, 17 January 2015, 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.

3.         That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4.         That organisers fully implement an approved Special Event Transport Management Plan.

5.         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.

6.         That prior to conducting the event, organisers have written approval from NSW Police, National Parks and Wildlife Service and Forests NSW.

7.         That the organisers advertise the change to traffic conditions for the event.

8.         That local emergency services and transport operators be notified prior to the event.

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

11.2

Cobargo Showground Trust - Connection To Pressure Sewerage

 

Non-Pecuniary Interest

Cr Allen declared a non-pecuniary interest regarding Item 11.2  Cobargo Showground Trust - Connection To Pressure Sewerage  on the basis he is a member of the Cobargo Showground Trust.  Cr Allen remained in the meeting room, but took no part in debate or voting on this item.

308/14

RESOLVED on the motion of Crs Seckold and Fitzpatrick

1.         That a connection to sewer outside of the current sewer DSP boundary is permitted and              that future Sewer DSP boundaries are revised to include the Showground land.

2.         That Section 64 contributions for sewer be waived in accordance with the exemption              provisions of Procedure 4.07.5.

3.         That the boundary kit and eOne style pump be provided at nil cost to the Showground              Trust.

4.         That all annual and other charges be levied in accordance with Council Fees and    Charges. 

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

DECLARED
DID NOT VOTE:
       Cr Allen

 

11.3

Sewer project upgrade North Bega

309/14

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.         That Council note the submission of a subsidy funding application to the National Stronger Regions Fund for $1,150,000 to support the development of a sewer pump station and transport mains for North Bega.

2.         That a report be presented to Council following announcement of the outcomes of the subsidy funding program noting any impacts on the operational plan.

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

12.  Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, Cr Britten assumed the chair for this section of the agenda, in Councillor Mawhinney’s absence

12.1

Visitor Information Centres - occupation of buildings

310/14

RESOLVED on the motion of Crs Allen and Tapscott

1.      That Council, as Reserve Trust Manager of Merimbula Beach (R97406) Reserve resolve to enter into a three year licence agreement with Merimbula Tourism Incorporated for their continued occupation of the Merimbula Visitor Information Centre building located within Reserve 97406 at Merimbula at the minimum annual rental as prescribed by Crown Lands.

2.      That Council resolve to enter into a three year licence agreement with Bermagui Area Chamber of Commerce & Tourism for their continued occupation of office space within the Bermagui Community Centre building at the minimum annual rental as published in Council’s Fees & Charges Schedule.

3.      That Council resolve to enter into a three year licence agreement with Eden Chamber of Commerce & Tourism for their continued occupation of office space within the Eden Gateway Centre Building at the minimum annual rental as published in Council’s Fees & Charges Schedule.

4.      That authority be given for the General Manager and/or Mayor to execute the licence agreements.

5.      That in accordance with the requirements of the Crown Lands Act, Council obtains endorsement of Minister’s consent to the Merimbula VIC licence.  

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

12.2

Applications for Financial Assistance: Section 356
Second Quarter 2014/2015

 

RESOLVED on the motion of Seckold and Taylor

That Council agree with the recommendations one, two and three of the conclusion of  the confidential memorandum to Councillors

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

311/14

RESOLVED on the motion of Crs Seckold and Taylor

1.    That Council support the following projects at the nominated level of support:

Organisation

Amount

South East Arts (NSW) Incorporated

$3,500.00

TAFE NSW – Illawarra Institute

$2,000.00

Four Winds Concerts Inc

$3,500.00

Total

$9,000.00

2.    That all successful applicants be advised accordingly.

3.    That the confidential memorandum be declassified.

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

12.3

Classification of land recently acquired by Council

312/14

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.      That Council note that a 28 day public notification process was completed regarding the proposal to classify the parcel of land acquired at Eden, with no submissions received.

2.      That Council resolve to classify Lot 2 DP 161251, known as 11 Chandos Street in Eden as operational land under Section 31 of the Local Government Act 1993.

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

12.4

Renewal of Lease:  Parker Street, Bega

313/14

RESOLVED on the motion of Crs Seckold and Britten

1.         That Council publicly advertise the proposal to enter into a further five year lease of a section of unformed road reserve at Parker Street, Bega to the Mumbulla School, allowing a period of 28 days for any submissions to be received.

2.         That if any objections are received, a further report be prepared for Council’s consideration.

3.         That if no objections are received, Council approve a further five year lease to Mumbulla School of a 4,120m2 unformed section of Parker Street, Bega at a rental to be determined under Council’s Rental Assessment & Rebate Procedure.

4.         That the Mayor and General Manager be authorised to execute the necessary documents.

5.         That Council, as the roads authority, cause notice of the grant of any lease in the local newspaper under Section 156 of the Roads Act 1993.  

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

12.5

Merimbula Airport Leases

314/14

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Council authorise the Mayor and General Manager to execute the necessary lease documents to formalise the tenure of property lease sites at the Merimbula Airport as detailed in the report to Council of 3 December 2014.

2.         That Council also authorise the Mayor and General Manager to execute the airport operating lease to Airport Agencies for the period 1 July 2014 to 30 June 2015.

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

13.  Staff Reports – Finance (Leading Organisation)

There were no Finance Reports.

 

2.26 pm      The Ordinary Meeting was reconvened.

 

Suspension of Standing Orders for Item 4 Deputations derferred

315/14

RESOLVED on the motion of Crs Seckold and Taylor

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

Item 17.1 - Portrait of the Queen

David Burroo Dixon, for and on behalf of the Djiringanj and Ngarigo

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

Mr Dixon addressed Council and responded to questions from Councillors.

 

14.

Adoption of reports from Standing Committees

316/14

RESOLVED on the motion of Crs Taylor and Fitzpatrick

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, Hughes, Tapscott, Seckold, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

15.      Delegates Reports

15.1

Asbestos Management Policy

 

Cr Seckold spoke about the effectiveness of Betty the Asbestos Van as an educational tool to inform residents about the dangers of asbestos and care in renovations.

 

Councillors noted the report

 

16.      Rescission/alteration Motions

There were no rescission motions.

 

17.      Notices of Motion

17.1

Portrait of the Queen

317/14

RESOLVED on the motion of Crs Hughes and Seckold

That the matter regarding the removal of the portrait photograph of “The Queen of Australia” from the Council Chamber, be deferred in keeping with Council’s Code of Meeting Practice, following and address to Council on the matter

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

Against:                  Nil

Absent:                    Crs McBain and Mawhinney

 

17.2

Women's Advisory Reference Committee

 

A motion was moved by Crs Tapscott and Seckold

That Council convene a Women's Advisory Reference Committee and call for Expressions Of Interest from the local community to form part of that committee.

A motion was foreshadowed by Cr Taylor

That Council, within the last six months of the present Council, conduct sessions with interested members of the public to assist in educating anyone interested in the requirements needed to stand as a Candidate for Council elections, with an emphasis to be placed on gender equity.

The motion was put to the vote and it was LOST

In favour:             Crs Hughes, Tapscott and Seckold

Against:                  Crs Taylor, Britten, Allen and Fitzpatrick

Absent:                    Crs McBain and Mawhinney

 

A motion was moved by Crs Taylor and Britten

That Council, within the last six months of the present Council, conduct sessions with interested members of the public to assist in educating anyone interested in the requirements needed to stand as a Candidate for Council elections, with an emphasis to be placed on gender equity.

318/14

RESOLVED on the motion of Crs Taylor and Britten

That Council, within the last six months of the present Council, conduct sessions with interested members of the public to assist in educating anyone interested in the requirements needed to stand as a Candidate for Council elections, with an emphasis to be placed on gender equity.

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

Against:                  Cr Hughes

Absent:      Crs McBain and Mawhinney

 

18.  Urgent Business

There was not urgent business.

 

19.      Questions On Notice

19.1

Response to Councillor Hughes - Questions On Notice - Extended container deposit legislation.

 

The response provided in the business paper or the meeting held 3 December 2014 was noted.

 

 

20.  Questions for the Next Meeting

20.1

Council's Policy - Disposal of Small Quantities of Asbestos

 

Cr Liz Seckold asked a question regarding Council’s policy on the disposal of small quantities of asbestos found around or under older homes, which advises householder to pre-purchase an approved plastic bag for $10, from the Council office in Bega or transfer stations at Bermagui, Merimbula and Eden to enable disposal of the material as landfill.

Cr Seckold asked that Council consider trialling a free asbestos disposal via the approved the plastic bags available at the Council offices in Bega or transfer stations.   This may offset the cost associated with illegal disposal of small amounts on private and public land, which landowners and Council staff deal with.

The question was taken on notice by the by the Acting Group Manager Transport and Utilities for investigation of costings and report back to a future Council meeting.

 

20.2

Tathra Ring Road - proposal for walking track

 

Cr Liz Seckold asked, that with no promise of Federal Funding being available to fund the $2.5 million estimated cost to reconstruct the old Tathra Ring Road, could Council explore the possibility of constructing a walking track on the old Tathra Ring road alignment.  The proposed  walking track could connect to the Memorial Gardens on the Tathra Headland and the Indigenous Walk that has been initiated by the Tathra Public School.

The question was taken on notice by the by the Acting Group Manager Transport and Utilities, who will provide a response, taking into account the review of Council’s Asset Management Plans and Long Term Financial Plan.

 

20.3

Kisses Lagoon - update on work being undertaken

 

Cr Keith Hughes asked could an update be provided regarding the work being done on Kisses Lagoon and the outcomes anticipated on completion of the work.  The matter of a children’s playground being located adjacent to the Lagoon was also raised.

The Question was taken on Notice by the Group Manager Planning and Environment.

 

     Items of Interest Relating to Council Business

Cr Seckold reported on the following items:

Annual General Meeting – Sapphire Coast Tenancy Scheme.

I attended this meeting on behalf of the Mayor on 20 November, 2014.  The Scheme is a non-profit organisatiion which has provided social housing in the Bega Valley for the last 27 year.  It started with 30 properties to manage and now has 108.  The past and present Management Committees are to be commended.

Heads Up (Beyond Blue) Club Sapphire

Ingrid Poulson led a discussion on 27 November, 2014  on creating a healthy workplace to increase productivity by talking about ten things that make a difference in particular talking openly about mental health.  Cr Seckold tabled information for provision to the Human Resources section.

Safe at Home, Safe at Work

Ludo McFerran has returned to the Bega Valley.  Ludo has lectured at the Centre for Gender Related Violence Studies a the University of NSW and is promoting the publication of “Safe at Home, Safe at Work”.

 

21.  Confidential Business

 

There were no confidential reports.

22.  Adoption of reports from Closed Session

There was no closed session.

23.  Resolutions to declassify reports considered in closed session

The were no reports to be declassified.

Closure

There being no further business, the Chairperson closed the meeting at 2.57 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 3 December 2014.