Ordinary Meeting Minutes

Held on Wednesday 17 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 Ann Mawhinney

Cr Liz Seckold

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

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

Minute Secretary, Ms Janelle Curtis

 

 

Acknowledgement of Traditional Custodians of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.

1.

Confirmation of Minutes

319/14

RESOLVED on the motion of Crs Seckold and Taylor

That the Minutes of the Ordinary Meeting held on 3 December 2014 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr McBain

 

 

2.

Apologies

The leave of absence from 1 December 2014 to 31 January 2015 requested by Cr McBain was noted.

 

3.    Declarations

Non-Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item No 9.1 S355 General Sportsground Committee  on the basis that he is a member of the Pambula Sporting Complex and delegate to the Committee.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting he would remain in the meeting room and take part in debate andr voting

4.        Deputations (by prior arrangement)

There were no deputations.

5.        Petitions

There were no petitions

6.        Mayoral Minutes

There were no Mayoral Minutes.

 

7.

Adjournment into Standing Committees

320/14

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

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

Against:                  Nil

Absent:                    Cr McBain

2.05 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

Report on exhibition of Planning Proposal - Detached Dual Occupancy Development in Rural Zones

321/14

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013.

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 all those persons who have made submissions be advised of the above.

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

Against:                  Cr Hughes

Absent:                    Cr McBain

 

8.2

Finalisation of Planning Proposal to Reclassify Certain Council Land

322/14

RESOLVED on the motion of Crs Tapscott and Allen

1.         That Council resolves to adopt the amendments to Schedule 4 of Bega Valley Local Environmental Plan 2013 as exhibited in the Planning Proposal to reclassify the following lots from ‘Community land’ to ‘Operational land’:

1.1       Lot 11 DP 735675 Waterloo Creek Road, Brogo

1.2       Lot 1 DP 1037443 Cnr Imlay and Mitchell Streets, Eden

1.3       Lot 949 DP 810986 Main Street, Merimbula

1.4       Lot 299 DP 1151525 Snowy Mountains Highway, Numbugga

1.5       Lot 14 DP 249924 Moore Wrens Road, Tarraganda

1.6       Lot 158 DP 1140729 Tura Beach Drive, Tura Beach

1.7       Lots A and 12 DP 201599, Lot 1 DP 163768 and Lot 2 DP 91361 Market Street, Merimbula

1.8       Part Lot 182 DP 1100739 Lake Street, Merimbula as identified in Figure 1 of this report.

2.         That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 to zone Lot 2 DP 569005 and that part of Lot 182 DP 1100739 identified in Figure 1 of this report, as R2 Low Density Residential and apply a 550sqm minimum lot size, 7.5m height limit and 0.5:1 floor space ratio.

3.         That Council requests the Minister for Planning and Environment finalise the plan under section 59(2) of the Environment Planning and Assessment Act 1979.

4.         That those persons who attended the Public Hearing be advised of the above.

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

Against:                  Nil

Absent:                    Cr McBain

 

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

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

9.1

Formation of S355 General Sportsground Committee

323/14

RESOLVED on the motion of Crs Seckold and Britten

1.     That Council endorse the establishment of the S355 Sportsground Committee.

2.    That the draft guidelines be amended to reflect opportunities to meet throughout the

shire.

3.     That Council authorise staff to amend the S355 Committee Guidelines as requested to reflect the change to the nomination process.

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

Against:                  Crs Allen and Fitzpatrick

Absent:                    Cr McBain

 

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

There were no Economic Development and Business Growth Reports

 

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

Merimbula Effluent Management Strategy EIS - Engagement of  NSW Public Works Manly Hydraulics Laboratory

324/14

RESOLVED on the motion of Crs Britten and Mawhinney

1.         That Council accepts recommendations as detailed in the confidential attachment.

2.         That Council engage NSW Water Solutions – Manly Hydraulics Laboratory to carry out the oceanographic work as detailed in their Proposal number 14-1430 for the sum of $277,000 (GST exclusive).

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

Against:                  Cr Hughes

Absent:                    Cr McBain

 

 

11.2

Merimbula Lake and Back Lake Flood Study at Merimbula - RFT 53/14

 

RESOLVED on the motion of Britten and Mawhinney

That Council accepts recommendations as detailed in the confidential attachment.

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

Against:                  Cr Hughes

Absent:                    Cr McBain

325/14

RESOLVED on the motion of Crs Britten and Mawhinney

1.         That Council accept the tender from Cardno in relation to contract for the works described in Tender 53/14, in the amount of $109,751.40 (including GST), subject to variations, provisional sums and prime cost items.

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

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

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

Against:                  Cr Hughes

Absent:                    Cr McBain

 

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

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

12.1

Tathra and Merimbula Wharves Risk Assessment

326/14

RESOLVED on the motion of Crs Taylor and Tapscott

That Council notes the risk assessment findings for Tathra and Merimbula Wharves and approves the costs of implementation of the risk controls identified in this Report. 

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

Against:                  Nil

Absent:                    Cr McBain

 

12.2

Public Liability and Professional Insurance Excess

327/14

RESOLVED on the motion of Crs Britten and Taylor

That Council endorse increasing the Public Liability -Professional Insurance Policy claims excess (per claim) level from $12,500 to $50,000.

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

Against:                  Nil

Absent:                    Cr McBain

 

12.3

Statewide Mutual Insurance Rebate

328/14

RESOLVED on the motion of Crs Britten and Fitzpatrick

That Council notes the proposed level and utilisation of rebate funds.

·         $35,000 Tathra Wharf Risk Assessment

·         $60, 000 Removal of dangerous trees.

·         $11,000 to be confirmed.

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

Against:                  Cr Hughes

Absent:                    Cr McBain

 

12.4

Delegations Register - Part 1

329/14

RESOLVED on the motion of Crs Tapscott and Seckold

That Council adopt Part 1 of the Delegations Register.

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

Against:                  Nil

Absent:                    Cr McBain

 

12.5

Actions from Resolutions of Council - Status Report

330/14

RESOLVED on the motion of Crs Taylor and Seckold

That Council note the status report on actions from Council’s resolutions for the period 1 September to 30 November 2014.

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

Against:                  Nil

Absent:                    Cr McBain

 

12.6

Boundary Adjustment - Tanja RFS Site

331/14

RESOLVED on the motion of Crs Britten and Tapscott

1.         That Council authorise the Mayor and General Manager to execute a Deed of Agreement with Ms Dummett, Messrs McDonald and McDonald to accept transfer of an additional 1,315m2 portion of land for the Tanja Rural Fire Station extension.

2.         That Council authorise the Mayor and General Manager to execute the necessary documentation.

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

Against:                  Nil

Absent:                    Cr McBain

 

12.7

NSW Local Government reform update - Fit for the Future

332/14

RESOLVED on the motion of Crs Seckold and Tapscott

1.         That Council note the update on the NSW State Government’s response to the Independent Local Government Review Panel and the Local Government Acts Taskforce, Fit for the Future.

2.         That Council advise SEROC of its intention to become an associate member for the period 1 January 2015 to 30 June 2015.

3.         That Council receive a report on the costings and program for a local government leadership forum proposed for March 2015.

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

Against:                  Cr Hughes

Absent:                    Cr McBain

 

12.8

Major Projects update

333/14

RESOLVED on the motion of Crs Britten and Seckold

1.   That Council adopts the major projects for the period 1 January to 30 June 2015 as listed below:

        Major Projects:

·         Bega, Bermagui, Eden and Merimbula Town Centre designs

·         Bega Civic Centre

·         Eden Port development

·         Littleton Gardens

·         Merimbula Airport

·         Merimbula Bypass

·         Merimbula effluent management

·         Merimbula lands development

·         Tura Community Centre and Branch Library development

        Key organisation operational projects:

·         Response to Fit for the Future, the NSW State Government’s response to the independent review of Local Government including the review of Council’s Resourcing Strategy, including Council’s Asset Management Plans, Long Term Financial Plan and Workforce Strategy

·         Council’s Business Growth and Economic Development Strategy implementation

·         Council’s community and community engagement review

2.   That into the future the development of the annual Operational Plan includes a list of the top projects to be reported on a quarterly basis to the Council and the community.

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

Against:                  Cr Hughes

Absent:                     Cr McBain

 

13.  Staff Reports – Finance (Leading Organisation)

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

334/14

RESOLVED on the motion of Crs Seckold 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, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

3.12 pm      The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

335/14

RESOLVED on the motion of Crs Mawhinney and Tapscott

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, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Cr McBain

15.      Delegates Reports

 

15.1

SERAS Board Meeting November 2014

 

The report from Cr Seckold as outlined in the Agenda for the meeting of 17 December 2014 was noted.

 

16.      Rescission/alteration Motions

There were no rescission motions.

17.      Notices of Motion

 

17.1

Portrait of the Queen

 

A motion was moved by Cr Hughes and Seckold

That the portrait photograph of “The Queen of Australia” be removed from the Council Chamber except where required under Federal or State legislation.

The motion was put to the vote and it was LOST

In favour:             Crs Hughes and Seckold

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

Absent:                     Cr McBain

 

18.  Urgent Business

There was no urgent business.

19.      Questions On Notice

 

19.1

Question on Notice from Cr Tapscott - Pambula Pony Club

 

The response to the Question on Notice as outlined in the Agenda for the meeting of 17 December 2014 was noted.

 

19.2

Cr Hughes - Kisses Lagoon rehabilitation

 

The response to the Question on Notice as outlined in the Agenda for the meeting of 17 December 2014 was noted.

 

20.  Questions for the Next Meeting

There were no questions for the next meeting

20.1        Items of Interest Relating to Council Business

Cr Seckold reported the following activities:

·         End of year presentations at Merimbula, Bega and Tathra Schools. 

·         Bega Art Prize opening

·         Mumbulla Foundation Grants

·         Council Staff Awards

·         Brogo Hall’s 60th Anniversary

Cr Mawhinney wished everyone a happy Christmas and a safe and wonderful new year.

21.  Confidential Business

 

Adjournment Into Closed Session

336/14

RESOLVED on the motion of Crs Taylor and Tapscott

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

22.       Proposed Acquisition part Lot 111, Dp 623470, Palmer Lane

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 and (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.

22.3    Proposed Acquisition part Lot CP SP 74126, Palmer Lane

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 and (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.

22.3    Code of Conduct

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) the report contains personnel matters concerning particular individuals and (i) the report contains alleged contraventions of any code of conduct requirements applicable under section 440.

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, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Cr Hughes

Absent:                    Cr McBain

5.30 pm        The Ordinary meeting reconvened

5.31 pm        Cr Fitzpatrick departed the meeting room.

22.  Adoption of reports from Closed Session

22.1

Proposed Acquisition part Lot 111, Dp 623470, Palmer Lane

337/14

RESOLVED on the motion of Crs Mawhinney and Tapscott

1.        That Council accept the terms and conditions of the acquisition as detailed in the staff report.

2.         That Council approve transfer of Lot A DP 201599 and Lot 12 DP 567260 and associated parking credits to Spungrow Pty Ltd as compensation for the land acquisition of Lot 111 DP 623470 as detailed in the report

3.        That authority be delegated to the Mayor and General Manager to execute all necessary documentation.

In favour:             Crs Taylor, Britten, Tapscott, Seckold, Mawhinney

Against:                  Cr Hughes

Absent:                    Crs McBain, Allen and Fitzpatrick

 

22.2

Proposed Acquisition part Lot CP SP 74126, Palmer Lane

338/14

RESOLVED on the motion of Crs Taylor and Mawhinney

1.         That Council accept the terms and conditions of the acquisition as detailed in the staff report.

2.         That Council approve transfer of part Lot 5 DP 252400 to owners of Lot CP SP 74126 and under take car park construction on that land as compensation for the land acquisition of part Lot CP as detailed in the report

3.         That authority be delegated to the Mayor and General Manager to execute all necessary documentation.

4.         That Council declassify the following reports for the public benefit, relating to the Merimbula Traffic Study from Closed Session Agenda being reports of 18 August,2009, 29 September, 2009, 27 October, 2009, 10 November, 2009.

In favour:             Crs Taylor, Britten, Tapscott, Seckold, Mawhinney

Against:                  Cr Hughes

Absent:                    Crs McBain, Allen and Fitzpatrick

 

22.3

Code of Conduct

 

Pecuniary and Non-Pecuniary Interest

Cr Hughes declared a  non-pecuniary interest regarding Item 22.3 Code of Conduct on the basis of a perceived conflict of interest.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register.  He remained in the meeting room and but took no part in debate or voting on this item.

339/14

RESOLVED on the motion of Crs Taylor and Mawhinney

1.    That Council note the Code of Conduct Investigation against Councillor Tony Allen.

2.    That Council as per the Office of Local Government’s Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW - March 2013, determine the complaint by Resolving to:

a)  Accept the recommendations from the Independent Reviewer as per Clause 8.56 , and

i)    That at a public Council meeting no later than two months after Council resolution of this matter Cr Allen publically apologise to Mrs Campbell (Clause 8.35 (d) of the Procedure).

ii)   That these findings of inappropriate conduct be made public (Clause 8.35 (e) of the Procedures):

·         That Cr Allen’s conduct of failing to appropriately organise a meeting with Mrs Campbell, including taking her wishes into consideration and providing her ample time to prepare for such a meeting was improper, particularly as a person who held the highest position within the local community and one who was very familiar with the conduct of such meetings.

·         That in failing to properly organise and consider all parties to such a meeting Cr Allen failed to treat Mrs Campbell and others with respect and failed to exercise a reasonable degree of care and diligence in carrying out the functions as Mayor.

 3.   That Council accept under the Code of Conduct the information provided to Councillors in the Closed Session report to Council and the Independent Reviewer’s report remains confidential information.

In favour:             Crs Taylor, Britten, Tapscott and Mawhinney

Against:                  Cr Seckold

Abstained:             Cr Hughes

Absent:                     Crs McBain, Allen and Fitzpatrick

 

23.  Resolutions to declassify reports considered in closed session

There were no additional resolutions to declassify reports, noting Point 4 of Resolution 338/14,

Closure

There being no further business, the Chairperson closed the meeting at 5.45 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 17 December 2014.