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Present Cr Michael Britten, Mayor Cr Liz Seckold, Deputy Mayor Cr Russell Fitzpatrick Cr Keith Hughes Cr Ann Mawhinney Cr Liz Seckold Cr Sharon Tapscott Cr Bill Taylor
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In Attendance General Manager, Ms Leanne Barnes Group Manager Transport and Utilities, Mr Wayne Sartori Acting Group Manager Planning and Environment, Mr Keith Tull Group Manager Community Relations and Leisure, Mr Anthony Basford Group Manager Strategy and Business Services, Mr Lucas Scarpin Executive Manager Organisational Development and Governance, Ms Nina Churchward Minute Secretary, Mrs Bec Jones |
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 Mawhinney and Seckold That the Minutes of the Ordinary Meeting held on 17 December 2014 as circulated, be taken as read and confirmed. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
2. |
Apologies |
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The leave of absence from 1 December 2014 to 31 January 2015 requested by Cr McBain was noted. |
There were no declarations of interest.
4. Deputations (by prior arrangement)
There were no deputations.
There were no petitions.
There were no Mayoral Minutes.
7. |
Adjournment into Standing Committees |
2/15 |
RESOLVED on the motion of Crs Mawhinney and SeckoldThat 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 and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
2:01 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 |
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A motion was moved by Crs Seckold and Britten That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
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RESOLVED on the motion of Crs Mawhinney and Seckold1. That Council allocate the Seniors Week 2015 Grants as follows:
2. That Council allocate the unallocated funds of $1050.00 to the Youth Week Small Grants Program 3. That the confidential memorandum be made an open document In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
9.2 |
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RESOLVED on the motion of Crs Britten and TaylorThat Council note the report. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
9.3 |
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A motion was moved by Crs Seckold and Britten That Council accept the recommendations as outlined in the confidential attachment Option 2, with modifications In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
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RESOLVED on the motion of Crs Seckold and Britten1. That Council allocate the Youth Week 2015 Grants as follows:
2. That the confidential memorandum be made an open document In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
In accordance with Council’s Code of Meeting Practice, In the absence of Cr McBain, Cr Britten assumed the chair for this section of the agenda.
10.1 |
Rescission of the acquisition of the historically proposed Merimbula Cultural Centre under the Land Acquisition (Just Terms Compensation) Act |
RESOLVED on the motion of Crs Mawhinney and Tapscott1. That Council write to the Crown Lands Division and seek consent to rescind the acquisition of Lot 1 DP 1004805 under Section 31 of the Land Acquisition (Just Terms Compensation) Act and that Council cause a notice of the rescission to be published in the NSW Government Gazette. 2. That Council finalise the rescission of the acquisition of Lot 1 DP 1004805 by payment of compensation under Section 70 of the Land Acquisition (Just Terms Compensation) Act for the amount of $1,000. 3. That the Mayor and/or General Manager be authorised to execute the necessary documents and that 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, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
10.2 |
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RESOLVED on the motion of Crs Mawhinney and SeckoldThat Council participate in the Future Cities Program in 2016 In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold and Mawhinney Against: Cr Fitzpatrick Absent: Crs McBain and Allen |
In accordance with Council’s Code of Meeting Practice, Cr Taylor assumed the chair for this section of the agenda.
11.1 |
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RESOLVED on the motion of Crs Britten and Mawhinney1. That Council endorse the creation of a fixed term project officer dedicated to process improvement of organic waste management in the field for a trial period of 2 years. 2. That Council endorse the acquisition of appropriate plant required for efficient processing of organic waste at Merimbula Transfer Station. 3. That Council adopts the Option 2 charging model that distributes the financial impact of additional processing cost between the waste generator and product user. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold and Mawhinney Against: Cr Fitzpatrick Absent: Crs McBain and Allen |
11.2 |
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RESOLVED on the motion of Crs Britten and Seckold That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
RESOLVED on the motion of Crs Britten and Seckold1. That Council accept the tender from GMA Environmental Services Pty Ltd in relation to contract for the works described in Tender RFT 64/14, in the amount of $232,540 (including 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 other tenderers be advised of Council’s decision. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
11.3 |
Bega Valley Local Traffic Committee Meeting - 3 December 2014 |
RESOLVED on the motion of Crs Mawhinney and TapscottThat Council note the advice of the Bega Valley Local Traffic Committee meeting held on 3 December 2014 and approve the following: Rotary Club of Merimbula, Merimbula Mother’s Day Classic Fun Run - 10 May 20151. That the proposed traffic arrangements involving Ocean Drive and Fishpen Road, Merimbula for the Merimbula Mother’s Day Classic on Sunday, 10 May 2015, be deemed a Class 2 special event. 3. That organisers fully implement an approved Special Event Transport Management Plan. 4. That organisers have a current approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event. 5. That organisers have written Police approval prior to conducting the event. 6. That the event achieves all conditions of Council’s issued Land Use approval. 7. That Marshalls indicated on the Route Plan at Ocean Drive and Fishpen Road; wear the appropriate high visibility clothing. 8. That event organisers liaise with public transport operators and provide special event details to enable an alternate route for their patrons during proposed traffic arrangements. Bermagui Seaside Fair Street Parade – 14 March 20151. That, subject to conditions, Scenic Drive, Bermagui from Endeavour Point Headland will be temporarily closed from 9.30am to 11.30am on Saturday, 14 March 2015 for the Bermagui Seaside Fair Street Parade. 2. That, subject to conditions, Lamont Street, Bermagui between the intersections of Montague Street and Wallaga Street be temporarily closed from 9.30am to 11.30am on Saturday, 14 March 2015 for the Bermagui Seaside Fair Street Parade. 3. That the proposed traffic arrangements involving the temporary closure of Scenic Drive and Lamont Street, Bermagui for the Bermagui Seaside Fair street parade on Saturday, 14 March 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. 4. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 5. That organisers fully implement an approved Special Event Transport Management Plan. 6. 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. 7. That organisers have written Police approval prior to conducting the event. 8. That event organisers are to liaise with public transport operators and provide special event details to enable an alternate route for their patrons during proposed traffic arrangements. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
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11.4 |
Review of Developer Contributions for childcare establishments |
RESOLVED on the motion of Crs Britten and Seckold1. That Council approve the ET value used to calculate the total ET value for childcare and preschool developments, be reduced to 0.04 ET per person for water and 0.06 ET per person for sewer. 2. That Council note the method of calculation for the total ET value of childcare and preschool facilities is based on the number of occupants in the facility on a daily basis. 3. That Council advertise and amend Council’s Fees and Charges to reflect the change. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
11.5 |
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RESOLVED on the motion of Crs Britten and Mawhinney That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
RESOLVED on the motion of Crs Britten and Mawhinney1. Council accept the tender submission from Interflow Pty Ltd in relation to the tender for Sewer Mains Relining for 2014/15 and 2015/16 in the amount of $539,541 (including 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 other tenderers be advised of Council’s decision. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
11.6 |
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RESOLVED on the motion of Crs Mawhinney and Seckold That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
RESOLVED on the motion of Crs Mawhinney and Seckold1. Council accept the tender submission from Pipe Replacement Solutions Pty Ltd in relation to the tender for Sewer Mains Pipe bursting for 2014/15 and 2015/16 in the amount of $1,384,255 (including 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 other tenderers be advised of Council’s decision. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
11.7 |
RFQ 49/14 Supply and delivery of one (1) wheeled excavator plant number 186001 with a weight range between 9000Kg to 11000Kg |
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RESOLVED on the motion of Crs Britten and Mawhinney That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
RESOLVED on the motion of Crs Britten and Mawhinney1. That Council accept the quotation from Semco Equipment Sales in relation to the purchase of one wheeled excavator Takeuchi TB295W as described in RFQ 49/14, in the amount of $219,555 (including GST). 2. That Council approve the sale of the existing tractor/reach mower via Government Auctions. 3. That authority is delegated to the General Manager to execute all necessary documentation. 4. That the other supplier be advised of Council’s decision. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
In accordance with Council’s Code of Meeting Practice, Cr Mawhinney assumed the chair for this section of the agenda.
12.1 |
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RESOLVED on the motion of Crs Tapscott and Britten1. That Council adopt the Communication Protocol Procedure 5.02.9 with amendments as indicated in the memorandum provided to Councillors dated 9 January 2015 2. That a workshop be scheduled for early March 2015. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
12.2 |
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RESOLVED on the motion of Crs Britten and Seckold1. That Council engage the NSW Electoral Commission (NSWEC) to conduct the 2016 Elections for Bega Valley Shire Council. 2. That Council delegate responsibility for implementing the approved option to the General Manager. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
12.3 |
Leading Through Uncertainty - a local government leadership forum |
RESOLVED on the motion of Crs Seckold and TaylorThat Council endorse the proposed local government leadership forum for the south east as a project with costs to be met by grants and registration fees. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
12.4 |
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RESOLVED on the motion of Crs Taylor and Tapscott1. That Council note a review of the Bega Valley Committee Guidelines will be undertaken to align the Committee with Council’s Section 355 Committee Structure 2. That Council endorse the appointment of two new community members to the Bega Valley Medallion Committee being Mrs Lori Hammerton and Mr Guy Higgins for a period of 12 months. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
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 Taylor and Mawhinney1. 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 and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
3:07 pm The Ordinary Meeting was reconvened.
14. |
Adoption of reports from Standing Committees |
20/15 |
RESOLVED on the motion of Crs Taylor and MawhinneyThat 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 and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
There were no delegates reports.
16. Rescission/alteration Motions
16.1 |
Rescission of Point 2 of Resolution 17 December 2014 - NSW Local Government reform update - Fit for the Future |
RESOLVED on the motion of Crs Britten and TaylorNotice of Motion1. That Council rescind point two (2) of the resolution of Council – Item 12.7 NSW Local Government reform update – Fit for the Future, made on 17 December, 2014: “2. That Council advise SEROC of its intention to become an associate member for the period 1 January 2015 to 30 June 2015.” In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen. |
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A motion was foreshadowed by Crs Hughes and Fitzpatrick That Council does not become a member of SEROC at this time and await outcomes of the Joint Organisations discussion through the local government joint organisation process The foreshadowed motion was put to the vote it was CARRIED. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
There were not Notice of Motion.
There was no Urgent Business.
19.1 |
Response to question on notice from Cr Seckold - Tathra Ring Road - Proposal for walking track. |
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The response provided in the Agenda for the meeting 14 January 2015 was noted. |
19.2 |
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The response provided in the Agenda for the meeting 14 January 2015 was noted. |
There were no questions for the next meeting.
A brief adjournment was provided by the chairperson to allow the media to ask questions
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Adjournment Into Closed Session |
22/15 |
RESOLVED on the motion of Crs Mawhinney and Taylor1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 22.1 Proposed disposal of Council land at Phillipps 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, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
RESOLVED on the motion of Crs Mawhinney and Seckold That Council resolve to return to Ordinary Session In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
23.1 |
Proposed disposal of Council land at Phillipps Street, Eden |
RESOLVED on the motion of Crs Taylor and Mawhinney That all reports considered in Closed Session be adopted RESOLVED on the motion of Crs Taylor and Mawhinney1. That Council approve the disposal of Lot 3 DP 574958 at Phillipps Street, Eden to Mr Ian Metcalfe for the sum of $90,000 (plus GST). 2. That Council’s legal fees to finalise this matter be payable by Council. 3. That Council hereby authorise its Official Seal to be affixed to the contract documents under the signature of the Mayor and General Manager. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick Against: Nil Absent: Crs McBain and Allen |
There were no resolutions to declassify reports considered in closed session.
There being no further business, the Chairperson closed the meeting at 3:21 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 14 January 2015.