1.

Confirmation of Minutes

25/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 14 January 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

2.

Apologies

There were no apologies.

Suspension of Standing Orders

26/15

2.02 pm

RESOLVED on the motion of Cr Seckold and Mawhinney

That Standing Orders be suspended to allow Mr Robert Crewe to address Council:

Regarding Item No 8.2      Adoption of Section 94 and 94A Contributions Plans and Planning Agreements Policy

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

Against:                  Nil

Cr McBain returned to the meeting room.

Mr Crewe addressed Council. 

The Mayor asked the Group Manager Planning and Environment to provide clarification to Councillors on the matters raised.

The Group Manager Planning and Environment advised, in his opinion, there was no need to defer the matter, due to the items raised by Mr Crewe.

7.

Adjournment into Standing Committees

27/15

RESOLVED on the motion of Crs Mawhinney and Tapscott

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, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

8.1

CBD Landscape Masterplans

28/15

RESOLVED on the motion of Crs Hughes and Seckold

1.      That Council adopts the draft CBD landscape masterplans for Merimbula, Bega and Bermagui and that these masterplans form the basis for the future enhancement of the three towns.

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

Against:                  Nil

8.2

Adoption of Section 94 and 94A Contributions Plans and Planning Agreements Policy

The Chairperson noted that the matter would be heard following advice from the Group Manager Planning and Environment that the address to Council did not raise any matters to prevent this.

29/15

RESOLVED on the motion of Crs Britten and Taylor

1.         That Council adopt the Draft Bega Valley Section 94 and Section 94A Contributions Plan 2014 as exhibited subject to the following amendments:

1.1       Table 1.1 and Section 1.3.1 of the plan is amended to state that the Section 94 contribution applied to those properties identified as being within the Woodlands Lane catchment is $20,000 and that moneys collected be allocated to road and bridge works on Woodlands Lane as per Appendix A4 of the plan.

1.2       The wording of Section 2.22.2 of the plan is amended to require any unpaid Section 94 contributions imposed under repealed plans be subject to CPI movements at the time of payment.

1.3       Secondary dwellings are included as development specified in Section 2.8 of the plan as exempted from contributions under the plan.

1.4       Amend Table 1.1 and Section 1.3.1 of the plan to state that Section 94 contributions apply to all residential subdivisions and a Section 94A levy applies to all other types of development including mixed use development, as per Option 3 and Table 4 on pages 23-24 of the staff report.

1.5       Section 94 contributions for commercial car parking are deleted from all sections of the plan.

1.6       The wording of Section 1.1 is amended to include a statement that development on commercial land which is assessed to be deficient in on-site car parking, or where a development control plan requires the provision of car parking by way of a monetary contribution, will be subject to a planning agreement in accordance with Council’s Planning Agreements Policy.

2.         That a report on land acquisition in Lamont Lane, Bermagui, in the Bega Valley Section 94 and Section 94A Contributions Plan 2014 be presented to a future Council meeting.

3.         That Council adopt the Draft Planning Agreements Policy as publically exhibited with an amendment to deal with the issue of shortfall in commercial car parking.

4.         That a report on amendments necessary to the Bega Valley Development Control Plan 2013 to complement the Planning Agreements Policy for car parking be presented to a future Council meeting, as per Option 3 on page 25 of the staff report.

5.          That a report on the implementation of the Contributions Plan and the Planning Agreements Policy be presented to a Council meeting after 12 months of operation.

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

Against:                  Cr Hughes

8.3

Appendix 3 Matter at Lots 471 & 472 DP 1043030 Mandeni, Sapphire Coast Drive Bournda

30/15

RESOLVED on the motion of Crs Allen and Taylor

The owner of Lots 471 and 472 DP 1043030 Sapphire Coast Drive, Mandeni be advised:

1.         That Council is prepared to consider an E4 Environmental Living zone, with a 1 ha minimum lot size, for that part of Lot 472 DP 1043030 identified in Figure 2 to this report as ‘proposed Racecourse subdivision’.

2.         That Council is prepared to consider the existing cabins being used for permanent and/or short term accommodation.

3.         That a Planning Proposal must be prepared by the owner for the land addressing all relevant planning matters including:

· Amended subdivision plan for the Racecourse

· Bushfire Report

· Servicing Strategy

4.    That the Planning Proposal, once completed, be submitted for Council’s consideration.

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

Against:                  Cr Hughes

11.1

RFQ 68/14 Supply and Delivery of one (1) 16,500Kg GVW Knuckle Boom Crane Truck. Plant number: 341001

2.36 pm

Non-pecuniary interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item  11.1 - RFQ 68/14 Supply and Delivery of one (1) 16,500Kg GVW Knuckle Boom Crane Truck. Plant number: 341001,on the basis that he has a business association with several of the tenderers.  

Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.

RESOLVED on the motion of Crs Mawhinney and Seckold.

That Council accept the recommendations from the confidential memorandum.

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

Against:                  Nil

31/15

RESOLVED on the motion of Crs Mawhinney and Seckold

1.         That Council accept the quotation from Hartwigs Trucks  for one (1) Mitsubishi-Fuso Fighter fitted with a Hiab 122D-5 crane (in relation to the purchase of one Knuckle Boom Crane Truck  as described in RFQ 68/14), in the amount of $206,821.10 (including GST).

2.         That Council approve the sale of the existing Knuckle Boom Crane Truck via Government Auctions.

3.         That authority is delegated to the General Manager to execute all necessary documentation.

4.         That the other suppliers be advised of Council’s decision.

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

Against:                  Nil

11.2

Operational Management Merimbula Airport

32/15

RESOLVED on the motion of Crs Britten and Seckold

1.             That Council resolve to call for Expressions of Interest from interested bodies to enter into an appropriate, legally binding instrument for the air services operations of the Merimbula Airport with the objective of providing the maximum benefit to the community of the Bega Valley.

2.             That the statement of council requirements dated 30 January 2015 be adapted to inform the Expressions of Interest.

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

Against:                  Nil

11.3

Operational Management Merimbula Airport - additional information

Councillors noted the amended attachment.

12.1

Major projects quarterly update

33/15

RESOLVED on the motion of Crs Taylor and McBain

That Council note the first quarterly report on major projects and that this update is published on Council’s website on the major projects page.

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

Against:                  Nil

12.2

Additional information regarding 2016 Council Elections

34/15

RESOLVED on the motion of Crs Taylor and Britten

1.    That Council advise the NSW Electoral Commission that if Council were to resolve to hold a poll or constitutional referendum

·         That pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the (NSW) Electoral Commissioner to administer all 2016 elections of the Bega Valley Shire Council.

·         That pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a council poll arrangement be entered into by contract for the (NSW) Electoral Commissioner to administer all 2016 council polls of the Bega Valley Shire Council.

·         That pursuant to s.296(2) and (3) of the Act, as applied and modified by s.18, that a constitutional referendum arrangement be entered into by contract for the (NSW) Electoral Commissioner to administer all 2016 constitutional referenda of the Bega Valley Shire Council.

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

Against:                  Nil

14.

Adoption of reports from Standing Committees

35/15

RESOLVED on the motion of Crs Mawhinney and Seckold

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, McBain, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

15.1

On Track Meeting

Cr Liz Seckold reported on the “On-Track” meeting held on 14 January 2015. 

She advised several issues are being discussed with Council staff including “dog off-leash” areas, changes to fee structure, repairs to the fence, use of area by “grey nomads”, security and graffiti.

Mr Stan West was thanked by the committee for the pro-bono work he completed on the upkeep of the Old Racecourse. 

20.1

Senior Citizen of the Year

Cr Keith Hughes asked if Prince Phillip would be eligible for the Bega Valley Senior Citizenship award for the shire

The General Manager advised that the criteria would not be met.

20.2

Circus animal performances in Bega Valley Shire

Cr Keith Hughes referred to an email sent to Councillors regarding circus animals performing in the Bega Valley Shire and asked Circus Animals asked what role Council would have in this matter if the performances were on Council managed land

The question was taken on notice by the Group Manager Community, Relations and Leisure.

20.3

Merimbula Boardwalk and beach access

Cr Kristy McBain requested a report on the on the ability for maintenance on the Merimbula Boardwalk to be taken into Council’s current works program to include strengthening and widening of the boardwalk.  She also asked for information on  any grants available for the work. Cr McBain also asked for information on the process and /or viability for a boardwalk structure to be constructed between Spencer Park and Bar Beach to provide access to all beaches

The question was taken on notice by the Group Manager Transport and Utilities.

20.4

Popularly Elected Mayor

Cr Russell Fitzpatrick asked if the Fit for the Future (FFTF) process included a popularly elected Mayor.

The General Manager responded that FFTF response still required Council’s determination, by way of a referendum, on the matter of a popularly elected Mayor, however FFTF proposes the term for a Council elected Mayor would be two years.

Adjournment Into Closed Session

37/15

RESOLVED on the motion of Crs Taylor and McBain

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

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.

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, McBain, Tapscott, Seckold, Allen and Fitzpatrick

Against:                  Cr Hughes

23.1

Memorandum of understanding Free Spirit Airlines 

38/15

RESOLVED on the motion of Crs Mawhinney and Fitzpatrick

1.             That Council note the intentions of Free Spirit Airlines and contact them advising of Council’s in principle support for their new endeavour.

2.             That further advice be sought regarding a Memorandum of Understanding for execution by the General Manger and Mayor.

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

Against:    Nil

23.2

Public Recreation & Showground Reserve at Pambula

39/15

RESOLVED on the motion of Crs Mawhinney and Fitzpatrick

1.         That Council write to the appropriate Minister and local State Member the Hon. Andrew Constance MP, seeking their support for the transfer of Reserve 89209 for Public Recreation & Showground at Pambula to Council as operational land in its entirety.

2.         That Council authorise the General Manager to work with Crown Lands to minimise any financial impacts of the transfer of management of Reserve 89209 for Public Recreation & Showground at Pambula to Council.

3.         That Council note advice from Crown Lands of the extension of the administrator arrangements for management of the Pambula Recreation Reserve Trust for a period of up to six months commencing 1 February 2015.

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

Against:    Nil