Ordinary Meeting Minutes

Held on Wednesday 25 February 2015

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 Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott

Cr Bill Taylor

 

 In Attendance

Acting General Manager and Group Manager Strategy and Business Services, Mr Lucas Scarpin

Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community Relations and Leisure, Mr Anthony Basford

Minute Secretary

 

 

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.

February 13th marks the 7th Anniversary of the Prime Minister’s Sorry Speech , which played a significant role in building reconciliation for Aboriginal people. In recognition of this anniversary we remember the words and sentiment given at that time:

“Today we honour the indigenous peoples of this land, the oldest continuing cultures in human history.  We reflect on their past mistreatment.

We reflect in particular on the mistreatment of those who were stolen generations – this blemished chapter in our history.

The time has now come for the nation to turn a new page in Australia’s history by righting the wrongs of the past and so moving forward with the confidence to the Future.” 

Bega Valley Shire Council recognises the importance of Sorry Day to the Aboriginal community and to the reconciliation journey.

 

1.

Confirmation of Minutes

40/15

RESOLVED on the motion of Crs Taylor and Seckold

That the Minutes of the Ordinary Meeting and Closed Session Meetings held on 4 February 2015 as circulated and, 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.

 

3.    Declarations

Non-Pecuniary Interest

Cr Hughes declared a non-pecuniary interest regarding Item  9.2 – Young Women’s Scholarship, on the basis of a potential perception of conflict of interest because of personal contact, past or future, with the nominees.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting he would remain in the meeting room but take no part in debate or voting

Cr Hughes declared a non-pecuniary interest regarding Item  9.3 – Senior Citizen of the Year, on the basis of a potential perception of conflict of interest because of personal contact, past or future, with the nominees.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting he would remain in the meeting room but take no part in debate or voting

Cr Taylor declared a non-pecuniary interest regarding Item  Supplementary Item S1 – now item 12.4  – Request for Financial Assistance Bega Valley Advocates for Timor Leste, on the basis that he is the Public Officer of the organisation.  A signed declaration form was tabled by Cr Taylor for inclusion in the Register, noting he would remain in the meeting room and take part in debate and voting

4.        Deputations (by prior arrangement)

 

Suspension of Standing Orders

41/15

RESOLVED on the motion of Crs McBain and Seckold

That Standing Orders be suspended to allow addresses to Council regarding:

Item 8.2 DA No. 1999.1438:   Request for review of determination of Section 96 Application to Modify condition 4 of Development Consent 1999.438 - Clay target Shooting Range - Lot 101 DP1172182, Murrah River Road, via Bermagui ,

·         Ms Karen Stephens - on behalf of the residents of Cuttagee (authority provided and petition tabled).

·         Mr Fred Gegg.

·         Mr Robert Tacheci on behalf of Four Winds Concerts Inc (authority provided).

·         Mr Glenn Butson on Behalf of Gary Pearse of Murrah Holiday Let (authority provided).

·         Mr Glenn Butson on behalf of his company Egglatine Nominees Pty Ltd (Mimosa Wines). -

·         Ms Suzanne Foulkes.

·         Mr Glenn Kable on behalf of Bermagui Field and Game (authority supplied).

Item 11.2. Gipps Street Carpark Application for Section 94 Funding   

·         Ms Judy Geary.

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

Against:                  Nil

The speakers addressed Council and responded to questions from Councillors, noting that extensions of time were resolved as follows:

RESOLVED on the motion of Crs Seckold and Tapscott that Mr Glenn Butson be granted an additional two minutes to complete his address.

RESOLVED on the motion of Crs Mawhinney and Seckold that Ms Suzanne Foulkes be granted an additional two minutes to complete her address.

RESOLVED on the motion of Crs Tapscott and McBain that Mr Glenn Kable be granted an additional two minutes to complete his address.

RESOLVED on the motion of Crs Mawhinney and Seckold that Ms Judy Geary be granted an additional two minutes to complete her address.

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

Against:                  Nil

The Mayor thanked those addressing the Council.

5.        Petitions

There were no Petitions tabled by Councillors.

6.        Mayoral Minutes

There were no Mayoral Minutes

7.

Adjournment into Standing Committees

42/15

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

Against:                  Nil

3.03 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 (Boundary Road)

43/15

RESOLVED on the motion of Crs Britten and Taylor

1.      That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as exhibited in the South Bega Industrial (Boundary Road) Planning Proposal.

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

3.      That those who made submissions be advised of the above.

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

Against:                  Nil

 

8.2

Request for review of determination of Section 96 Application to Modify condition 4 of Development Consent 1999.438 - Clay target Shooting Range - Lot 101 DP1172182, Murrah River Road, via Bermagui

 

The Chairperson asked if there were matters raised in the addresses to Council that would require deferment of the item.  The Group Manager Planning and Environment advised that no new matters had been raised.

RESOLVED on Cr Britten and Mawhinney

That the matter be dealt with.

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

Against:                  Nil

44/15

RESOLVED on the motion of Crs Britten and Seckold

That on review, Council re-confirm the refusal of the modification to DA 199.438 in line with Item 8.3  of the meeting held on 24 July 2013, resolution number 7/13.

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

Against:                  Cr Allen

 

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

Mobility access on the footpath in Main Street, Merimbula

45/15

RESOLVED on the motion of Crs Mawhinney and Britten

1.         That Council authorise the Mayor and General Manager to execute a Deed of agreement with the Society of St Vincent De Paul Pty Ltd owners of Lot 284 DP 17033 and Spencer Ventures Pty Ltd owners of Lot 1 DP 334085 to rectify a footpath mobility access issue on Main Street, Merimbula.

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

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

Against:                  Nil

 

9.2

Young Women's Scholarship 2015

 

Non-Pecuniary Interest

Cr Hughes declared a non-pecuniary interest regarding Item  9.2 – Young Women’s Scholarship on the basis of a potential perception of conflict of interest because of personal contact, past or future, with the nominees.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting he would remain in the meeting room but take no part in debate or voting.

46/15

RESOLVED on the motion of Crs McBain and Seckold

That the matter be deferred to the Closed Session for discussion

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

Against:                  Nil

decared &
Abstained:
            Cr Hughes

 

9.3

Senior of the Year Award 2015

 

Non-Pecuniary Interest

Cr Hughes declared a non-pecuniary interest regarding Item  9.3 – Senior Citizen of the Year on the basis of a potential perception of conflict of interest because of personal contact, past or future, with the nominees.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting he would remain in the meeting room but take no part in debate or voting

47/15

RESOLVED on the motion of Crs Britten and Mawhinney

That the matter be deferred to the Closed Session for discussion

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

Against:                  Nil

declared &
Abstained:
             Cr Hughes

 

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

There were no Economic Development and Business Growth (Enterprising) 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

Bega & Brogo Rivers Floodplain Risk Management Study & Plan Grant Offer

48/15

RESOLVED on the motion of Crs Tapscott and McBain

That the grant offer of $14,000 from the Office of Environment and Heritage (OEH) for completion of Council’s Bega and Brogo Rivers Floodplain Risk Management Study and Plan be accepted and the funding agreement executed with the General Manager’s signature for return to OEH by the submission date of 13 March 2015.

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

Against:                  Nil

 

11.2

Gipps Street Carpark Application for Section 94 Funding

 

Cr McBain asked were there any matters raised in the address that required deferment of the matter.

Cr Sartori advised that the matter of private access had already been brought to the attention of Council and that nothing additional was raised in the submissions today.

Cr McBain asked was Council able to provide some form of access to those properties affected and if this may require the loss of several car parks.

The Acting General Manger advised that in other similar circumstance affected owners have been able to reserve car parking spots.  No negotiations have been entered into with the affected property owners at this time.

 

RESOLVED on the motion of Crs McBain and Tapscott that the matter be dealt with.

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

Against:                  Nil

49/15

RESOLVED on the motion of Crs Britten and McBain

1.          That Council approve the allocation of Section 94 Bega Carparking funds to undertake construction and upgrade of Gipps Street Carpark, creating an additional 37 car parking spaces.

2.          That as part of the tender process Council staff revisit the possibility of providing access to property owners.

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

Against:                  Nil

 

11.3

Bega Valley Local Traffic Committee Meeting 4 February 2015

50/15

RESOLVED on the motion of Crs McBain and Mawhinney

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

Business Growth Unit request for dedicated parking for RV’s and caravans

1.         That council approves the installation of a designated RV and Caravan parking zone in Bega Street opposite Club Bega, for a length of ninety (90) metres commencing at the mandatory No Stopping zone at the intersection of Gipps and Bega Street and terminating opposite the intersection of Bega and Canning Streets, Bega

2.         That Council install advance directional signs indicating the locations of the RV and Caravan parking areas (Bega Recreational Grounds, Bega Street and Bega showground) with distances from parking areas to the CBD.

Installation of Give Way sign and line marking Ida Rodd Drive, Eden

1.         That Council approve the installation of a give way sign and line at the T-intersection of Ida Rodd Drive and Cosham Close, Eden

Anzac Day March and Service - Merimbula

1.         That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day Dawn Service, March and Service in Merimbula on Saturday, 25 April 2015 be approved and deemed a Class 2 special event.

2.         That sections of Main Street, Market Street and Beach Street, Merimbula be temporarily closed on Saturday, 25 April 2015 for the Merimbula RSL Sub-Branch Anzac Day Dawn Service, March and Service in Merimbula and March and Service in Pambula, in accordance with the Traffic Control Plans.

Anzac Day March and Service - Pambula

1.         That the proposed traffic arrangements for the Merimbula RSL Sub Branch Anzac Day March and Service in Pambula on Saturday, 25 April 2015 be approved and deemed a Class 2 special event.

2.         That Quondolo Street, Pambula be temporarily closed on Saturday, 25 April 2015 for the Merimbula RSL Sub-Branch Anzac Day March and Service in Pambula, in accordance with the Traffic Control Plans.

3.         That the temporary closure of the Princes Highway, Pambula is a matter solely for Roads and Maritime Services.

4.         The Merimbula RSL Sub Branch applies for a RMS Road Occupancy License.

Anzac Day March and Service - Eden

1.         That the proposed traffic arrangements for the Eden RSL Sub Branch Anzac Day March on Saturday, 25 April 2015 be approved and deemed a Class 2 special event.

2.         That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Saturday, 25 April 2015 for the Eden RSL Sub Branch Anzac Day March, in accordance with Traffic Control Plan.

Anzac Day March and Service - Bega, Bemboka, Tathra and Wolumla

1.         That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day Anzac Day March and Service in Bemboka be approved and deemed a Class 2 special event.

2.         That the proposed traffic arrangements for the Bega RSL Sub Branch Anzac Day Dawn Service, March and Service in Bega, Anzac Day Dawn Service, March and Service in Tathra and Anzac Day March and Service in Wolumla be approved and deemed a Class 2 special event.

3.         That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra and Bega Street in Wolumla be temporarily closed on Saturday, 25 April 2015 for the Bega RSL Sub Branch Anzac Day proceedings, as per the Traffic Control Plans.

4.         That the temporary closure of the Snowy Mountains Highway, Bemboka are matters solely for Roads and Maritime Services.

5.         To apply for a RMS Road Occupancy License for the Bemboka Anzac Day March &    Service.

Anzac Day March and Service – Bermagui

1.         That the proposed traffic arrangements for the Bermagui RSL Sub Branch Anzac Day March and Service on Saturday, 25 April 2015 be approved and deemed a Class 2 special event.

2.         That the section of Lamont Street, Bermagui, between the intersections of Wallaga Street and Scenic Drive be temporarily closed on Saturday, 25 April 2015 for the Bermagui RSL Sub Branch Anzac Day March and Service, in accordance with the Traffic Control Plan.

The Great Wars: Tales from the Far South Coast – Light Horse Troop Ride

1.         That, subject to conditions, Auckland Street and a section of Bega Street, Bega be involved in a mobile road closure from 10.00am until 11.15pm on Saturday, 21 March 2015 for the opening of the Bega Valley Historical Society’s exhibition to commemorate the ANZAC Centenary.

2.         That the proposed traffic arrangements involving the mobile road closure of Auckland Street & Bega Street, Bega for the Bemboka Light Horse Troop Parade  on Saturday, 21 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.

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.

Installation of No Stopping Zone, George Street, Pambula

1.         Council approve the installation of a “No Stopping” zone at the head of the cul-de-sac bulb on the western end of George Street commencing at the western end of the driveway to number 8 terminating at the southern end of the driveway to 3 George Street, South Pambula, being a distance of 28 metres.

Candelo Village Festival

1.         That, subject to conditions, sections of William Street and Panbula Street, Candelo be temporarily closed from 12 noon on 28 March 2015 to 1am on 29 March 2015 for the Candelo Village Festival.

2.         That the proposed traffic arrangements involving the temporary closure of William Street and Panbula Street, Candelo for the Candelo Village Festival on Saturday, 28 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.

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 achieve all conditions of DA 2008.0012, including parking provisions.

Bemboka Triathlon

1.         That, subject to conditions, Hoskins Street and Sam Cnr Road, Bemboka be temporarily closed between the intersections of Kameruka Street to the junction of Lookout Lane & temporary closure of Kameruka Street from intersection of Hoskins Street to 1st driveway east of pool from 8.00am to 3.00pm on Saturday, 21 March 2015 for the 2015 Bemboka Triathlon.

2.         That the proposed traffic arrangements involving the temporary closure of Hoskins Street, Sam Cnr Road & Kameruka Street, Friends of Bemboka Pool 2015 Bemboka Triathlon on Saturday, 21 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.

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.

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

Against:                  Nil

 

11.4

Review of headwork charges for Nursing Homes

51/15

RESOLVED on the motion of Crs Tapscott and Allen

1.         That Council accept the method of calculation for the total ET value of nursing home facilities to remain based on the number of beds in the facility.

2.         That Council approve the reduction of the ET value used to calculate the total Equivalent Tenement value for Nursing Home developments from 0.5ET for Water and 0.75ET for Sewer to 0.36 ET for Water and 0.48 ET for Sewer.

3.         That Council exhibit and amend Council’s Fees and Charges to reflect the change.

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

Against:                  Nil

 

 

11.5

RFT 13/15 Intergrated Water Cycle Management Strategy Consultancy

 

RESOLVED on the motion of Crs McBain and Seckold

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

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

Against:                  Nil

52/15

RESOLVED on the motion of Crs McBain and Mawhinney

1.         The proposal from GHD Pty Ltd for the adjusted sum of $134,139.50 (GST inclusive) to develop an IWCM Strategy with BVSC Water and Sewerage Services be accepted

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

Against:                  Nil

 

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

Internal Audit Committee rotation and selection of Chairperson

 

RESOLVED on the motion of Crs Britten and McBain

That Council accept the recommendations as contained in the confidential memorandum.

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

Against:                  Nil

53/15

RESOLVED on the motion of Crs Britten and Seckold

1.       That the Internal Audit Committee Charter be amended to allow for three independent members

2.       That Council appoints as Independent Representatives to the Internal Audit Committee, for a period of two years.

·           Mr Geoff Steel,

          Mr Terry Bunn, and

          Mr Roger Fitzgerald.

3.       That Council appoints Mr Terry Bunn as the Independent Audit Committee Chairperson.

4.       The General Manager write to all candidates to thank them for their application and advise them of Council’s resolution.

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

Against:                  Nil

 

12.2

Tathra Beach Kiosk Lease 

54/15

RESOLVED on the motion of Crs Britten and Tapscott

1.         That Council approve the request from Bibi’s Pty Ltd to vary the existing lease of the Tathra Kiosk to now terminate on 31 March 2015.

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

3.         That in accordance with the Crown Lands Act 1989, Council commence a public Expression of Interest process seeking applications from suitably qualified individuals to operate the Tathra Beach Kiosk, with the results of the EOI to be reported to Council for further consideration. 

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

Against:                  Nil

 

12.3

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

 

A motion was moved by Crs McBain and Seckold.

That Council support the Australian Light Horse Bemboka Troop  to a value of $3,000..

55/15

RESOLVED on the motion of Crs McBain and Seckold

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

·         Australian Light Horse Association – 7th Light Horse Bemboka Troop -          $3,000.00

2.    That all successful applicants be advised accordingly.

3.    That all unsuccessful applicants be contacted and provided feedback on their application.

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

Against:                  Cr Hughes

 

12.4

Applications for Financial Assistance: Section 356
Exception from the General Manager - Bega Valley Advocates for Timor Leste Inc

 

Non-pecuniary Interest

Cr Taylor declared a non-pecuniary interest regarding Item  Supplementary Item S1 – now item 12.4  – Request for Financial Assistance Bega Valley Advocates for Timor Leste on the basis that he is the Public Officer of the organisation.  A signed declaration form was tabled by Cr Taylor for inclusion in the Register, noting he would remain in the meeting room and take part in debate and voting.

56/15

RESOLVED on the motion of Crs Taylor and Allen

1.         That consistent with the intent of the Friendship Agreement between Bega Valley Shire Council (BVSC) and the Democratic Republic of Timor Leste (DROTL), and in recognition of the benefit to the social capital of the Shire by the works of the Bega Valley Advocates to Timor Leste (BVATL), Council support Bega Valley Advocates for Timor-Leste Incorporated to the value of $4000.00.

2.         That the funds be drawn from the Section 356 operating budget.

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

Against:                  Nil

 

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

Quarterly Review Budget Statement (QBRS) at September 2014

57/15

RESOLVED on the motion of Crs Allen and Mawhinney

1.         That Council note and endorse the December 2014 Quarterly Budget Review Statement.

2.         That Council adopt the variances to its operating budget as outlined in the QBRS.

3.         That Council place the QBRS for December 2014 on its website for public information.

4.         That Council note the public meeting to be held on Thursday 5 March, 2015 commencing at 5.30 pm in the Council Chambers.

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

Against:                  Nil

 

13.2

Certificate of Investments made under Section 625 of the Local Government Act, 1993

58/15

RESOLVED on the motion of Crs Tapscott and McBain

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

Against:                  Nil

4.05 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

59/15

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.      Delegates Reports

Cr Seckold attended the South East Academy of Sport (SERAS) meeting on 16 February 2015 and provided a copy of the Executive Director’s report to Councillors.  She advised she will present a formal report to the next Council meeting.

 

Cr Mawhinney attended the following meetings:

·         South East Arts Board meeting

·         Communication Reference Group

·         Halls Committee Meeting as Chair

and advised she will present formal reports to the next Council meeting.

 

Cr Taylor attended the SEATS meeting with the Mayor and advised he will present a formal report to the next Council meeting.

16.      Rescission/alteration Motions

There were no rescission or alteration motions.

 

17.      Notices of Motion

17.1

Walking Track Tathra Headland

60/15

RESOLVED on the motion of Crs Seckold and Tapscott

Notice of Motion

1.         That Council receive a report on the feasibility of constructing a 100 m walking track adjacent to the Tathra Wharf up to the Tathra Headland and Tathra Memorial Gardens within the footprint of the original Tathra Ring Road.

2.         That Council undertake community consultation in relation to the proposal.

3.         That a report be provided to Council if further funds are required to conduct the feasibility report.

In favour:             Crs McBain, Hughes, Tapscott, Seckold and Mawhinney

Against:                  Crs Taylor, Britten, Allen and Fitzpatrick

 

18.  Urgent Business

There was no urgent business.

19.      Questions On Notice

 

19.1

Establishment of a Tech Park - Question from Cr Kristy McBain

 

The response provided in the Agenda for the meeting 25 February 2015 was noted.

 

 

 

20.  Questions for the Next Meeting

20.1

Funding for Tathra Ring Road - election promises

 

Cr Russell Fitzpatrick asked could Council seek an update on election promises from the Federal Government of $400,000 toward the Tathra Ring Road and matching funding promised by the State Government, and that consideration be given to this funding being used for the purpose of a walking track on Tathra Headland in the footprint of the original Tathra Ring Road.

The question was taken on notice by the Acting General Manager.

 

20.2

Littleton Gardens Stage 2 - Carpark status and availability of parking for councillors and staff

 

Cr Kristy McBain asked could Councillors be provided with the commencement date of Stage 2 of the Littleton Gardens carpark upgrade

The Group Manager, Transport and Utilities responded that there was currently no funding available to continue the project.  Council was continuing to apply for appropriate grant funding for the next stage.

He also advised that the next stage of the Littleton Gardens upgrade would be landscaping of the area in front of the new Bega Civic Centre and that changes to the level of the road would be required as part of this work.

Cr Kristy McBain asked what car parking was available for Councillors and staff in the vicinity of the Council Building in Zingel Place Bega.

The Group Manager, Transport and Utilities responded that no special provisions were available apart from the car park located at the rear of the Council building, which is designated and signposted for Council use only.

 

20.3

Car Parking Credits in regard to Woolworths Bega - Fabcot Pty Ltd

 

Cr Kristy McBain asked what car parking credits applied for Fabcot Pty Ltd in regard to the Woolworths Bega project.

The question was taken on notice by the Group Manager, Planning and Environment.

 

20.4

Environment Impacts - Clay Target Shooting Rang Murrah River Road, via Bermagui

 

Cr Keith Hughes asked could Council look into lead and noise impacts on the amenity of the residents of the Murrah River Road area caused by the increased amount of shooting at the Bermagui Field Gun and Club’s Clay Target Shooting Range

The Group Manager, Planning and Environment advised that information regarding the toxicity of lead in relation to the current operations was answered by him on 30 November 2010.  He took the question on notice to provide a further update on the current situation for both lead and noise impacts..

 

20.5

Pambula Squash Courts

 

Cr Sharon Tapscott asked could Councillors receive an update on the progress with construction of squash courts at the Sapphire Aquatic Centre site in Pambula.

The Group Manager, Community, Relations and Leisure responded that Council was consulting with the architect on the best options to facilitate a change to the design from three courts to two courts for the purpose of the development application and its location.  Consideration was also being given to the impact on the height of the squash court walls, on the Sapphire Coast Aquatic centre and linkage of the courts to existing toilet facilities and the aquatic centre.

 

21   Items of Interest Relating to Council Business

There were no matters of interest raised.

The Mayor asked for questions from the Media and staff provided responses.

4.38 pm        The Mayor called for a brief adjournment reconvening at 4.44 pm. 

4.52 pm         Cr Hughes returned to the meeting room after the commencement of the Closed Session meeting.

22.  Confidential Business

 

Adjournment Into Closed Session

61/15

RESOLVED on the motion of Crs Mawhinney and McBain

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

22.1    Haven Place Retirement Village

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 (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.

9.3  Senior of the Year Award 2015

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) personnel matters concerning particular individuals (other than councillors).

9.3  Senior of the Year Award 2015

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) personnel matters concerning particular individuals (other than councillors).

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, Mawhinney, Allen and Fitzpatrick

Against:                  Nil

ABSENT:                    Cr Hughes

 

23.  Adoption of reports from Closed Session

22.1

Haven Place Retirement Village

62/15

RESOLVED on the motion of Crs Mawhinney and Taylor

1.            That Council divest itself of its current share of $140,000 in the Haven Place Retirement Village by way of gift to the Lions Club of Tathra Incorporated; for a nominal sum of $1.00.

2.            The report to the Closed Session 25 February 2015 22.1 – Haven Place Retirement Village be declassified.

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

Against:                  Cr Hughes

 

22.2

Young Women's Scholarship 2015 deferred from Item 9.2 of the Ordinary Meeting 25 February 2015

 

Non-Pecuniary Interest

Cr Hughes declared a non-pecuniary interest regarding Item  9.2 deferred to the Closed Session – Young Women’s Scholarship on the basis of a potential perception of conflict of interest because of personal contact, past or future, with the nominees.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting he would remain in the meeting room but take no part in debate or voting.

63/15

RESOLVED on the motion of Crs Mawhinney and Fitzpatrick

1.         That Council award four 2015 Bega Valley Young Women’s Scholarships of $500 each to:

·                     Kaela McCulloch

·                     Georgia Shellard

·                     Jacinta Griffin

·                     Lily Nugent

2.         That the shortfall in funds be allocated from  S356 funds.

3.         That the names of the successful awardees be made public.

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

declared &
Abstained:            
             Cr Hughes

 

 

 

22.3

Senior of the Year Award 2015 deferred from Item 9.3 of the Ordinary Meeting of 25 February 2015.

 

Non-Pecuniary Interest

Cr Hughes declared a non-pecuniary interest regarding Item  9.3 deferred to the Closed Session  – Young Women’s Scholarship on the basis of a potential perception of conflict of interest because of personal contact, past or future, with the nominees.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting he would remain in the meeting room but take no part in debate or voting.

64/15

RESOLVED on the motion of Crs Mawhinney and Taylor

1.       That Council note That Council note the resolution of the Closed Session .

2.       That the announcement be embargoed until the Golden Gig to be held on 17 March2015

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

Against:                  Crs Allen and Fitzpatrick

declared &
Abstained:
             Cr Hughes

 

24.  Resolutions to declassify reports considered in closed session

Council noted the resolution in Item 22.1 to declassify the report to the Closed Session 25 February 2015 22.1 – Haven Place Retirement Village.

Closure

There being no further business, the Chairperson closed the meeting at 5.13 pm.

 

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 25 February 2015.