Ordinary Meeting Minutes

Held on Wednesday 14 January 2015

At Council Chambers, Bega Commencing at 2.00 pm

 


 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

 

 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

 

 

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

1/15

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

 

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

 

3.    Declarations

There were no declarations of interest.

 

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

2/15

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 and Fitzpatrick

Against:                  Nil

Absent:                    Crs McBain and Allen

2:01 pm         The Ordinary meeting adjourned and formed in the committee.

 

8.    Staff Reports – Planning and Environment (Sustainability)

There were no Planning and Environment Reports.

 

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

Seniors Week 2015 Grants

 

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

3/15

RESOLVED on the motion of Crs Mawhinney and Seckold

1.         That Council allocate the Seniors Week 2015 Grants as follows:

Group/Organisation

Activity

Amount

Sing Eden Inc. “Songs for Seniors”

Perform at the Golden Gig and at Local Aged Care facilities during Seniors Week  

$150

Eden Community Access Centre “The Craft Connection”

 “The Craft Connection” an ongoing activity to be Launched in Seniors Week to promote self-expression, diversity and connect seniors in the Eden community

$500

Eden Men’s Shed Inc. “Seniors Week Lunch”

The provision of a lunch for fellow seniors during Seniors Week

$500

Bermagui Senior Citizens Welfare Club “Seniors Week Lunch”

A luncheon for seniors and their carers

$500

Men’s Shed Merimbula “Senior’s Open Day”

The Merimbula Men’s Shed will be open for visitors during Seniors Week and hold a special Open Day targeting seniors.

$300

Bega Seniors Citizens Club “Senior’s Morning Tea with Speakers”

A Senior’s Week morning tea for all seniors free of charge

$500

South East Arts “Wielding the Pen: Creative Writing Workshops for Seniors”

Free workshops facilitated by writing teacher, Diana Harley

$500

Friends of the Bega Valley “Artist Studio and Gallery Trail”

An active cultural day for seniors focusing on the visual arts.

$500

U3A “Sunday in the Park”

A relaxing social outing at Manna Park with a variety of social and cultural activities provided on the day

$500

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

Lifeguards on Tathra Beach during February 2015

4/15

RESOLVED on the motion of Crs Britten and Taylor

That Council note the report.

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

Against:                  Nil

Absent:                    Crs McBain and Allen

 

9.3

Youth Week 2015 Small Grants

 

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

5/15

RESOLVED on the motion of Crs Seckold and Britten

1. That Council allocate the Youth Week 2015 Grants as follows:

Group/Organisation

Activity

Amount

Sapphire Coast Marine Discovery Centre “Snorkel Survey”

Local youth will be invited to participate in a free snorkel and take photos of fish which will be included in an online database.

$850.00

Edgy Art Inc. /Sculpture on the Edge “Make it Your Own”

Professionally run workshops for young people aged 12 -15 years to decorate blank skate decks – to be displayed during Sculpture on the Edge

$1,000.00

Sapphire Coast Rotaract “Amazing Race”

Young people will be involved in a large race around Merimbula with various stations set up around the town. 

$670.00

fLING Physical Theatre Inc. “Fresh Moves for Youth Week”

Free Dance Classes and Family Dance Party will be held at the Bega Indoor Stadium.

1,000.00

South Coast Skate Club “Skate Comp and BBQ”

A skate competition/demonstration will be held at one of the local skate parks.

$1000.00

Women’s Resource Centre (WRC) “Creative Art Workshops”

A series of creative art workshops for 12-24 years. to be run in the school holidays

$1,000.00

Spiral Gallery “Ceramic Postcard Workhsop”

Art skills development workshops for young people

$530.00

TOTAL

 

$6,050.00

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

 

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

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

6/15

RESOLVED on the motion of Crs Mawhinney and Tapscott

1.         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

Future Cities Program

7/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That 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

 

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

Organic Waste Process Improvement

8/15

RESOLVED on the motion of Crs Britten and Mawhinney

1.            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

Sewer main jetting and pump station vacuuming RFT 64/14

 

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

9/15

RESOLVED on the motion of Crs Britten and Seckold

1.      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

10/15

RESOLVED on the motion of Crs Mawhinney and Tapscott

That 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 2015

1.    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 2015

1.      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

11.4

Review of Developer Contributions for childcare establishments

11/15

RESOLVED on the motion of Crs Britten and Seckold

1.         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

Recommendation for acceptance of Tender RFT 60/14

 

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

12/15

RESOLVED on the motion of Crs Britten and Mawhinney

1.            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

Recommendation for acceptance of Tender RFT 59/14

 

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

13/15

RESOLVED on the motion of Crs Mawhinney and Seckold

1.      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 

 

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

14/15

RESOLVED on the motion of Crs Britten and Mawhinney

1.         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

 

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

Procedure 5.02.9 Elected Officials Communication Protocols

15/15

RESOLVED on the motion of Crs Tapscott and Britten

1.            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

Options for conducting the 2016 Local Government Election

16/15

RESOLVED on the motion of Crs Britten and Seckold

1.         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

17/15

RESOLVED on the motion of Crs Seckold and Taylor

That 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

Bega Valley Medallion (Community Service) Award Committee

18/15

RESOLVED on the motion of Crs Taylor and Tapscott

1.         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

 

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

19/15

RESOLVED on the motion of Crs Taylor and Mawhinney

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 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 Mawhinney

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 and Fitzpatrick

Against:                  Nil

Absent:                    Crs McBain and Allen

 

15.      Delegates Reports

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

21/15

RESOLVED on the motion of Crs Britten and Taylor

Notice of Motion

1.         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.

 

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

 

17.      Notices of Motion

There were not Notice of Motion.

18.  Urgent Business

There was no Urgent Business.

19.      Questions On Notice

19.1

Response to question on notice from Cr Seckold - Tathra Ring Road - Proposal for walking track.

 

The response provided in the Agenda for the meeting 14 January 2015 was noted.

 

19.2

Disposal of Small Quantities of Asbestos - Cr Seckold

 

The response provided in the Agenda for the meeting 14 January 2015 was noted.

 

20.  Questions for the Next Meeting

There were no questions for the next meeting.

21   Items of Interest Relating to Council Business

21.1

Four Winds Festival

 

Cr Liz Seckold attended the Bermagui Christmas Carols on 20 December 2014.

The event was hosted by Four Winds Concerts Incorporated and included school choirs, heartsong and individual musicians.

Over 600 people attended.

 

21.2

“Dr Rip” – Dr Rob Brander

 

Cr Liz Seckold attended a presentation by “Dr Rip” at the Tathra Surf Club.

Dr Rip provided an insight into identifying rips and how to survive if caught in a rip.

Cr Seckold will be providing posters to all surf clubs in the shire, as well as schools.

A brief adjournment was provided by the chairperson to allow the media to ask questions

22.  Confidential Business

 

Adjournment Into Closed Session

22/15

RESOLVED on the motion of Crs Mawhinney and Taylor

1.    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

23/15

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.  Adoption of reports from Closed Session

23.1

Proposed disposal of Council land at Phillipps Street, Eden

24/15

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 Mawhinney

1.         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

 

24.  Resolutions to declassify reports considered in closed session

There were no resolutions to declassify reports considered in closed session.

Closure

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.