Ordinary Meeting Minutes

Held on Wednesday 29 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 Keith Hughes

Cr Ann Mawhinney

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 Tamara Whiting

 

 

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

101/15

RESOLVED on the motion of Crs McBain and Seckold

That the Minutes of the Ordinary and Closed Session Meeting held on 8 April 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

 

3.        Declarations

There were no declarations.

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

102/15

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

Against:                  Nil

2.01 pm         The Ordinary meeting adjourned and formed in the committee.

 

8.        Staff Reports – Planning and Environment (Sustainability)

Nil 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

Acquisitive Prize from Sculpture on the Edge.

103/15

RESOLVED on the motion of Crs Mawhinney and Taylor

That Council places Tide Spiral at Short Point Merimbula on the northern side of the carpark and authorises officers to make the necessary arrangements for installation.

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

Against:                  Cr Fitzpatrick

 

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

In accordance with Council’s Code of Meeting Practice, Cr McBain assumed the chair for this section of the agenda.

 

10.1

Licence Agreement for Water Access Purposes at Tarraganda

104/15

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Council approve a ten year licence agreement for water access over Lot 14 DP 249924 to adjoining property owners Mr Paul and Mrs Sharon Nolan for the minimum annual licence fee as contained in Council’s fees and charges schedule.

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

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

Against:                  Nil

 

 

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

EOI 27/15 consultant panel selection for Merimbula STP and ocean outfall upgrade

105/15 

 

 

 

 

 

RESOLVED on the motion of Crs Britten and Seckold

1.              That Council accepts recommendations as outlined in the confidential attachment.

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

Against:                  Cr Hughes

 

106/15

RESOLVED on the motion of Crs Britten and McBain

2.         That Council invite the following to submit tenders in relation to contract for the works described in EOI 27/15, Environmental assessment and concept design for the upgrade Merimbula sewerage treatment plant and ocean outfall

AECOM Australia Pty Ltd

AURECOM Pty Ltd

GHD

Cardno (NSW, ACT) Pty Ltd

Worley Parsons Services Pty Ltd

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

4.              That other tenderers be advised of Council’s decision.

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

Against:                  Cr Hughes    

 

 

 

11.2

Bega Valley Local Traffic Committee Meeting 1 April 2015

107/15

RESOLVED on the motion of Crs Mawhinney and Tapscott

That Council note the advice of the Bega Valley Local Traffic Committee Meeting held on the 1 April 2015 and approve the following.

Tathra Mountain Bike Enduro – 6 & 7 June 2015

1.      That, subject to conditions, the on-road components for the Tathra Mountain Bike Enduro on Saturday, 6 June 2014 and Sunday, 7 June 2015 be approved.

2.      That the event 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 the Traffic Control Plan is to reflect the following:

         a) All stages held on Tathra Bermagui Road to be transport stages only, including race finish.

         b) Use of cycle track is not available for racing purposes, as it is set aside for casual   users.

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 approval prior to conducting the event from the following:

         b)        NSW Police, under Section 115 of the Road Transport Act 2013

         c)         National Parks and Wildlife Service

         d)        Forests NSW

8.      That the event organisers advertise the change to traffic conditions for the event

9.      That local emergency services and transport operators be notified prior to the event

Merimbula 10km Fun Run and 5km Fun Run/Walk- 31 May 2015 - Amendment to recommendations

1.      That, subject to conditions, sections of the following Council roads be temporarily closed from 8am to 12pm on Sunday, 31 May 2015 for the Merimbula Fun Run:

a)   Full Closure of Ocean Drive, Merimbula from Ford Oval to the Fishpen Road        intersection;

b) Full Closure of Fishpen Road, Merimbula between the Ocean Drive and Market Street intersections;

c)   One lane of Market Street, Merimbula between the Fishpen Road and Beach Street intersections;

d)   Full Closure of Beach Street, Merimbula between the Market Street and Main Street intersections;

e)   Full Closure of Main Street, Merimbula between the Cameron Street and Randolph  Street and Henwood and Lake Street intersections, and one lane closed between   Randolf and Henwood Street;

f)    Full closure of Lake Street, Merimbula between the Main Street intersection and the Merimbula Wharf.

2.      That the proposed traffic arrangements for the Merimbula Fun Run on Sunday, 31 May 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 persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

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.

Bega Pony Club Parade – 15 April 2015

1.      Bega Pony Club has been given the approval for the use of public land under the Single Events and Ceremonies certification on the 28 April, 2010 that is valid for 5 years.      The special condition states that the street parade be conducted as a Class 4 Special Event under the direct control and management of Police.

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

Against:                  Nil

 

 

11.3

RFT 2/15 design and construction for the Telstra building extension 14-22 Minyama Parade, Bega

108/15

 

 

 

 

RESOLVED on the motion of Crs Britten and Seckold

1.         That Council accepts recommendations as outlined in the confidential attachment.

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

Against:                  Nil

109/15

RESOLVED on the motion of Crs Britten and Seckold

2.          That Council accept the tender from David Lesser Building Pty Ltd in relation to contract for the works described in Tender 2/15 for Telstra Building Extension, in the amount of $426,070 (including GST), subject to variations, provisional sums and prime cost items.

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

4.         That other tenderers be advised of Council’s decision.

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

Against:    Nil

 

 

11.4

Tender RFT 19/15 - Bermagui Waste Transfer Station - detailed design and construction

110/15

 

 

 

 

 

RESOLVED on the motion of Crs Mawhinney and Tapscott

 

1.         That Council accepts recommendations as outlined in the confidential attachment

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

Against:                  Nil

111/15

RESOLVED on the motion of Crs Britten & Mawhinney 

2.         That Council accept the tender from IQON Pty Ltd  in relation to contract for the works described in Tender 19/15, in the amount of $874,896 (including GST), subject to variations, provisional sums and prime cost items.

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

4.         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

Rescission of the acquisition of the land historically proposed for the Merimbula Cultural Centre

112/15

RESOLVED on the motion of Crs Britten and McBain

That Council note the rescission of the acquisition of Lot 1 DP 1004805 has now been finalised, with a final cost to Council of $2,000 (being the entire cost of the valuation completed in 1999).

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

Against:                  Nil

 

 

12.2

Actions from resolutions of Council - Status Report

113/15

RESOLVED on the motion of Crs Seckold and Tapscott

That Council note the status report on actions from Council’s resolutions for the period 1 December 2014 to 30 March 2015.

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

Against:                  Nil

 

 

12.3

Public exhibition of draft Resourcing Strategy

114/15

RESOLVED on the motion of Crs McBain and Fitzpatrick

1.                  That staff include in the draft Long term Financial Plan the inclusion for a loans borrowing program for:

·      An increase in the allocation for the 2015/16 year for allocation to the Maintstreet program (Spiire) to complete the works in Eden

·      The finalisation of the Merimbula By Pass over the 2015/16 and 2016/17 years

·      Actual construction works for implementation of the full  Mainstreet Programs in Bermagui in 2016/17, and Merimbula and Bega in 2017/18 and 2018/19

                                                         

2.            That the draft resourcing strategy including the asset management strategy, workforce strategy, financial strategy and long term financial plan be placed on 28 day public exhibition for the period of May 1 – May 28, 2015.

3.            That the draft transport asset management , recreation asset management plan, buildings asset management plan, water asset management plan and sewer asset management plan be placed on 28 day public exhibition for the period of May 1 – May 28, 2015.

4.            That submissions and feedback be considered by Council prior to adoption

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

Against:                  Cr Hughes

 

 

 

12.4

Fit for the Future Council improvement proposal

115/15

RESOLVED on the motion of Crs Britten and Seckold

That the item be deferred to consider additional information received. A report will be prepared for the next meeting.

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

Against:                  Nil

 

 

12.5

Major projects quarterly update

116/15

RESOLVED on the motion of Crs Taylor and McBain

That Council note the second major projects update report.

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

Against:                  Nil

 

 

12.6

Councillor representatives International Cities, Town Centres and Communities Conference, Wollongong

117/15

RESOLVED on the motion of Crs Taylor and Seckold

1.                  That Crs Britten and Tapscott attend the 15th International Cities Town Centres and Communities and 5th Main Street Conference “People, Places and Partnerships - Creating    liveable & loveable places” to be held in Wollongong from 21-24 July 2015.

 

2.                  That Cr McBain be approved to attend the ALGA Conference in the current vacant position

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

Against:                  Crs Allen and Fitzpatrick

 

 

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

Public Exhibition - draft delivery and operational plan, draft budget, draft fees and charges

118/15

RESOLVED on the motion of Crs McBain and Mawhinney

1.                  That staff include in the budget for 2015/16 an increased allocation for the completion of the Eden Mainstreet program (Spiire) and commencement of the next stage of the Merimbula By Pass as part of a two year commitment

2.            That the draft Bega Valley 2015-16 Delivery and Operational Plan including revenue    policy be placed on 28 day public exhibition for the period of May 1 – May 28, 2015.

3.            That the draft Bega Valley 2015-16 Budget be placed on 28 day public exhibition for the period of May 1 – May 28, 2015.

4.            That the draft Fees and Charges 2015-16 be placed on 28 day public exhibition for the period May 1 – May 28, 2015

5.          That submissions and feedback be considered by Council prior to adoption

 

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

Against:                  Cr Hughes

 

 

2.35 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

119/15

RESOLVED on the motion of Crs Mawhinney and Taylor

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

 

15.1

Coastal Conference

 

The General Manager provided an overview of the Conference attended by Crs Britten and Mawhinney and the General Manager.

 

16.      Notices of Motion

 There were no notices of motion

17.      Urgent Business

There was no urgent business

18.      Questions On Notice

 

19.1

Response to Question on Notice from Cr Taylor - Unauthorised use of land at Darcy Lane, Jellat

 

Councillors noted the response provided in the Agenda for the meeting of 29 April 2015

 

 

19.2

Impact on Tourism of Air BnB - Question from Cr Keith Hughes

 

Councillors noted the response provided in the Agenda for the meeting of 29 April 2015

 

 

19.  Questions for the Next Meeting

Cr Seckold – Bermagui Field and Game Clay Target Shooting Club

Council staff have previously been asked (question from Cr Hughes) to re-assess noise impacts and potential contamination of the site associated with the increase in lead shot at Bermagui Field and Game Clay Target Shooting Club. Could you please provide an update. Group Manager Planning and Environment took the question on notice.

Cr McBain – Brothers in Arms memorial

Request for a report to Council regarding a proposed memorial for the Lucas family. Group Manager Community Relations and Leisure took the question on notice.

 

Cr McBain – Bega Valley Residents and Ratepayers Association report

Can Council receive a report on the amount and detail of the correspondence of any type received by Council from John Richardson and/or the Bega Valley Residents and Ratepayers Association (BVSRRA) since September 2012 and its impact on Council time and operations. The General Manager took the question on notice.

 

20   Items of Interest Relating to Council Business

Cr Seckold

Attended the Jacqui Britton memorial fundraiser, Bega Library honour board launch, SPAN at Club Bega had an address from Ability Links, Bega Police Mark Jones, Youth week skate comp in Bega, Anzac Commemorations Eden, Tathra & Bermagui, Spiral & Regional Gallery exhibitions. Bravehearts are coming to Council and School with their keep children safe program. The Sapphire Coast Marine Discovery Centre Forum is to be held at the Sapphire Club this weekend with a focus on climate change ocean research.

21.  Confidential Business

There was no confidential business

22.  Adoption of reports from Closed Session

There were no reports for adoption

23.  Resolutions to declassify reports considered in closed session

There were no reports to declassify

Closure

There being no further business, the Chairperson closed the meeting at 2.45 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 29 April 2015.