Ordinary Meeting Minutes

Held on Wednesday 8 April 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 Kristy McBain

Cr Sharon Tapscott

Cr Bill Taylor

 

 In Attendance

General Manager, Ms Leanne Barnes

Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community Relations and Leisure, Mr Anthony Basford

Group Manager Strategy and Business Services, Mr Lucas Scarpin

Minute Secretary, Janelle Curtis

 

Acknowledgement of Traditional Custodians of Bega Valley Shire

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

1.

Confirmation of Minutes

86/15

RESOLVED on the motion of Crs Seckold and Taylor

That the Minutes of the Ordinary Meeting and Closed Sessions held on 18 March 2015 as circulated, be taken as read and confirmed with the following amendment to Item 19.1 in the Ordinary Minutes –  amended to reflect that the question was asked by Cr McBain, not Cr Seckold as recorded in the draft minutes:

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

19.1

Merimbula Board Walk – Cr McBain

 

Council noted the response to the Question on Notice from Councillor McBain on 4

February 2015, which was included in the Agenda for the Council Meeting

18 March 2015

 

 

2.

Apologies

87/15

RESOLVED on the motion of Crs Tapscott and Seckold

That apologies from Councillors Mawhinney and Hughes  be accepted for their inability to attend the meeting.

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

 

3.    Declarations

There were no declarations of interest

4.        Deputations (by prior arrangement)

 

Suspension of Standing Orders

88/15

RESOLVED on the motion of Crs Taylor and Seckold

That Standing Orders be suspended to allow Mr Ross Cameron to address Council regarding

Item 9.1 - Acquisitive Prize from Sculpture on the Edge.

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

Mr Cameron, the artist, addressed the Council regarding the his preference for placement of the sculpture and responded to questions from Councillors.

The Mayor thanked Mr Cameron for his address.

 

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

 

7.

Adjournment into Standing Committees

89/15

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

2.10 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

Zoning history of land opposite Merimbula Airport: Lots 120 and 121 DP 847899, Lot 1 DP 1004805 and Lot 2 DP 549112, Arthur Kaine Drive, Merimbula

90/15

RESOLVED on the motion of Crs Britten and Allen

1.         That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 as per Figure 3 in this report by zoning Lot 120 DP 847899 as SP1 Special Activities ‘Community Facilities and Carparking’, Lot 1 DP 1004805 as E2 Environmental Conservation, and Lot 2 DP 549112 as part E2 Environmental Conservation and part SP1 Special Activities ‘Carparking’.

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

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

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

 

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

Acquisitive Prize from Sculpture on the Edge.

91/15

RESOLVED on the motion of Crs McBain and Britten

That the matter be deferred following the address Council to allow Councillors to inspect sites and consult with the “Friends of Bar Beach” group.

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

Against:                  Nil

Absent:                     Crs Hughes and Mawhinney

 

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

Proposed acquisition of land at Bemboka for the purpose of constructing a water filtration plant

92/15

RESOLVED on the motion of Crs Britten and Tapscott

1.         That Council authorise the acquisition by private agreement of Lot 12 DP 1093627 at Bemboka for the valuation amount of $90,000 (excluding GST) for the purpose of providing a new water filtration plant for the township of Bemboka;

2.         That upon acquisition, Council classify the acquired property as Operational land (following a 28 day public submission period) pursuant to Section 31 of the Local Government Act 1993;

3.         That as part of the sale process an option for purchase, at market value of a 25 meter wide parcel of land at the western end of Lot 12 DP 1093627 be extended to the owner of Lot 11 DP 1093627 and that the sale contract reflect that this option be subject to possible amendment of the CLEP to allow the proposed boundary adjustment.

4.         That the legal and other costs associated with any future boundary adjustment of Lot 12 DP 1093627 be borne by the owner of Lot 11 DP 1093627.

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

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

 

11.2

Acquisition of land at Wolumla Showground for Wolumla Sewage Treatment Plant

93/15

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Lot 1 DP 1200639 (being part of former Lot 7003 DP 1073327) and the following proposed easements:

·   (E1) Proposed easement for underground electricity 3 wide within Lot 2 DP 1200630,

·   (E2) Proposed right of carriageway 10 wide and variable width within Lot 2 DP 1200630,

·   (E3) Proposed easement for utilities 3 wide within Lot 2 DP 1200630 including those minerals not excluded pursuant to section 171 of the Crown Land Acts,

be compulsorily acquired for the purpose of sewerage treatment plant pursuant to section 186 Local Government Act 1993.

2.         That Council give notice of its intention to classify the land as Operational land under Section 34 of the Local Government Act 1993 upon acquisition.

3.         That the General Manager be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the land.

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

 

11.3

Formalisation of road name: Sherwin Lane, Bermagui

94/15

RESOLVED on the motion of Crs McBain and Tapscott

1.    That Council approve the proposal to name the unnamed laneway between Bunga Street and Montague Street in Bermagui, Sherwin Lane.

2.    That authority be given for advertising to be published in the local media inviting submissions to the proposed naming and that surrounding property owners also be notified seeking their comment to the proposal.

3.    That if no objections are received within the submission period, staff proceed with the road naming proposal without subsequent referral to Council.

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

 

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

In accordance with Council’s Code of Meeting Practice, Cr Britten chaired the meeting in Cr Mawhinney’s absence.

12.1

Australian Local Government Association: National General Assembly call for motions

95/15

RESOLVED on the motion of Crs Taylor and McBain

That the following motion be submitted to the Australian Local Government Assembly 2015:

Motion 1

That the Assembly submit to both State and Federal Governments that any review of Federalism should include a review of structure as well as financial sustainability and create a relationship between levels of Government that enables and empowers Local Government throughout Australia to effectively and efficiently deliver services that are delegated to it as an instrument of Government.

Background

Pursuant to the White Papers on Federalism and Taxation it is imperative that as part of the review Local Government is clearly recognised as a Level of Government that requires proper funding for the services it delivers to the Community and that the structure to be established whether by amendment to the Constitution or by other Legislative means recognises Local Government as an Institution so as to allow a share of revenue to flow to Local Government to allow it to deliver those services for the communities it represents

RESOLVED on the motion of Crs Seckold and McBain

That the following motions be submitted to the Australian Local Government Assembly 2015:

Motion 2

That this National Assembly call upon the Australian Government review and increase the National Disaster Relief’s Recovery Arrangement (NDRRA) to accommodate the requirements of Councils especially in rural and remote areas.

Background

In September 2014 the Productivity Commission recommended a major restructure of the Australian Government’s funding for natural disasters.

IN 2010 and 2011 the Bega Valley Shire Suffered two disastrous floods which claimed four timber bridges.  This shire with a small rate base cannot address damage on such a scale without financial support.

Motion 3

That this National Assembly call on the Australian Government to support the develop of renewable energy local government projects.

Background

In March this year the first completed community owned solar farm to power the town’s sewerage treatment plant in Tathra in the shire of Bega Valley, was launched.  The 30 kw solar farm is an initiative of a climate action group Clean Energy for Eternity (CEFE) and a Memorandum of Understanding with the local Council.  It will supply around 50% of the power needs of the sewerage plant.  Such initiatives need to be encouraged by grants for feasibility studies to local councils.

Motion 4

That this National Assembly call on the Australian Government to allocate funding to reputable Non-Government Organisations (NGOs) and non NGO’s to address youth mental health and suicide.

Background

Support for young people suffering mental health problems needs to be accessible, appropriate and available at a local level.  The leading cause of death among 15-24 year olds is suicide. Identifying risk factors and warning signs like depression, self-harm and substance abuse is critical. Working at a local level would encourage help seeking behaviour.

Motion 5

That this National Assembly call on the Australian Government develop a co-ordinated approach with all levels of government for the provision of affordable housing of the most disadvantaged in the community.

Background

Housing needs to be recognised as an economic and social issue.

Housing is no longer affordable to many households and homelessness is increasing. Young people, seniors and the disable are particularly vulnerable.  Ideally local councils are the closest to the needs of the community but eh provision of affordable housing requires strong Federal and State Support.

RESOLVED on the motion of Crs Seckold and Tapscott

That Councillors confirm, that Crs Britten and Seckold and the General Manager be registered for the National Assembly to be held in Canberra 14-17 June in line with Council’s resolution of 1 October 2014.

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

 

13.  Staff Reports – Finance (Leading Organisation)

There were no Finance (Leading Organisation) reports.

2.26 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

96/15

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

15.      Delegates Reports

There were no delegates reports.

16.      Rescission/alteration Motions

There were no rescission or alternation motions.

17.      Notices of Motion

There were no notices of motion.

18.  Urgent Business

There was no urgent business.

19.      Questions On Notice

19.1

Response to Question on Notice from Cr McBain - Car Parking Credits in regard to Woolworths Bega - Fabcot Pty Ltd

 

Councillors noted the response provided in the Agenda for the meeting of 8 April 2015

 

19.2

Response to a Question on Notice from Councillor Fitzpatrick, Green waste Disposal - option for no cost to residents 

 

Councillors noted the response provided in the Agenda for the meeting of 8 April 2015

 

20.  Questions for the Next Meeting

There were no questions for the next meeting.

21   Items of Interest Relating to Council Business

Cr Seckold spoke about her attendance on behalf of the Mayor at:

·        The World War 1 exhibition at the Bega Pioneers Museum

·        Bemboka Triathlon

·        Tathra Solar Farm Launch

·        Spiral Gallery – Waste Reduction and Recycle exhibition – Women’s Resource Centre.

And congratulated the organisers, volunteers and Council staff involved in these projects.

22.  Confidential Business

 

Adjournment Into Closed Session

97/15

RESOLVED on the motion of Crs Seckold and Tapscott

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

22.1    Proposed Acquisition of land for Merimbula bypass road

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.

22.2    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.

22.3    Bega Lands

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:                  Nil

Absent:                    Crs Hughes and Mawhinney

 

23.  Adoption of reports from Closed Session

RESOLVED ON THE motion of Crs Allen and Tapscott

That the following motions from the Closed Session be adopted.

22.1

Proposed Acquisition of land for Merimbula bypass road

98/15

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Council adopt the resolution of the closed session meeting.

2.         That Council declassify this report at the meeting after the final resolution of the land transfer matters.

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

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

 

22.2

Proposed disposal of Council land at Phillipps Street, Eden

99/15

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Council approve the disposal of Lot 3 DP 574958, Phillipps Street, Eden to the highest bidder for a sum of not less than $90,000 (inclusive of GST). 

2.         That Council delegate authority to the General Manager to continue to negotiate a sale of the land for a minimum value as determined.

3.         That Council’s legal fees to finalise this matter be payable by Council from the proceeds of sale.

4.         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, McBain, Tapscott, Seckold, Allen and Fitzpatrick

Against:                  Nil

Absent:                    Crs Hughes and Mawhinney

 

22.3

Bega Lands

100/15

RESOLVED on the motion of Crs Allen and Tapscott

That Council work with Health Infrastructure NSW on master planning for the current Bega Hospital site and enquire as to the NSW Government’s intentions for the future of the existing Bega Hospital site and its ability to sell by Private Treaty or otherwise

 

24.  Resolutions to declassify reports considered in closed session

There were no resolutions to declassify reports.

Closure

There being no further business, the Chairperson closed the meeting at 2.48 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 8 April 2015.