Ordinary Meeting Minutes

Held on Wednesday 20 May 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 Sharon Tapscott

 

 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

Executive Manager Organisational Development and Governance, Ms Nina Churchward

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.

The Mayor addressed the meeting regarding National Sorry Day.

26 May is National Sorry Day and marks the beginning of Reconciliation Week.

On February 13, 2008 Australia’s Prime Minister formally apologised to Australia’s Indigenous people, particularly the Stolen Generations, their families and communities, for the laws and policies that inflicted profound grief, suffering and loss.

National Sorry Day is an Australia-wide observance that gives the whole community a chance to come together and share the steps towards healing for the Stolen Generation, Indigenous Australians who were forcibly removed from their families and communities.

The recognition of Sorry Day is seen by many as a significant step forward in reconciliation.

A Sorry Day book will be provided in each of our Council library’s during Reconciliation Week for all members of the community to show their support and recognition by writing messages and signing the Sorry Books.

 

 

1.

Confirmation of Minutes

120/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 29 April 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

 

2.

Apologies

121/15

RESOLVED on the motion of Crs Tapscott and Mawhinney

That an apology from Crs Taylor and McBain be accepted for their inability to attend the meeting.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

3.    Declarations

There were no declarations of interest

4.        Deputations

5.        Petitions

Cr Tapscott tabled a petition with 650 signatures regarding Lake Curalo walking trail. The petition was received by Group Manager Community Relations and Leisure.

6.        Mayoral Minutes

There were no mayoral minutes

 

7.

Adjournment into Standing Committees

122/15

RESOLVED on the motion of Crs Seckold and Mawhinney

That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

2.03 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 - Mapping Amendments No. 2

123/15

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 subject to the minor alterations contained in Figures 2 and 3 of this report.

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

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

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

Against:                  Cr Hughes

Absent:                    Crs Taylor and McBain

 

 

8.2

Coastal Planning and Management Committee

124/15

RESOLVED on the motion of Crs Seckold and Mawhinney

That Council endorses the recommendations of the Coastal Planning and Management Committee meeting held on 6 March 2015 and approves the public exhibition of the Draft Pambula Lake Coastal Zone Management Plan and the Draft Bega Valley Shire Coastal Hazards Definition Study for a period of 30 days.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

8.3

Proposed Adoption of Landscaping Guidelines

125/15

RESOLVED on the motion of Crs Tapscott and Britten

1.    That the revised draft Landscaping Guidelines (as attached to this report) be adopted.

2.    That those persons who made a submission be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

8.4

Erection of a Detached Garage - Lot 10 DP 1008234, 3 Kookaburra Court, Tura Beach

126/15

RESOLVED on the motion of Crs Allen and Tapscott

That Development Application No. 2015.142 for the Erection of a Detached Garage be approved subject to conditions as outlined in the draft Consent attached to this report.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

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

Littleton Gardens public art commission.

127/15

RESOLVED on the motion of Crs Britten and Mawhinney

1.       That Council adopt the recommendations outlined in the confidential memorandum.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

128/15

RESOLVED on the motion of Crs Britten and Mawhinney

2.    That Council commission Jen Mallison to develop and install the feature art work, “the meeting of two rivers” in Littleton Gardens. 

3.    That Council staff investigate, with Jen Mallinson, the potential to increase the scale of the sculpture to address concerns raised during assessment and that any additional costs be taken from the play sculpture budget.

4.    That the interactive play sculpture be considered as part of any future stages of the Littleton Gardens Development.

5.    That page 6 of the confidential memorandum be made public and included in the minutes.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

 

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

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

 

 

10.1

Postponement of Development Packs for Merimbula CBD

129/15

RESOLVED on the motion of Crs Mawhinney and Seckold

1.    That Council defer the release of the development packs for the Park Street/Palmer Lane, and Cabarita Place properties until such time as the acquisition and approvals process for the Merimbula Bypass are concluded.

2.    That a report be presented to Council, once the acquisition and approvals processes for the Merimbula Bypass are concluded, seeking to finalise and release development packs and commencement of an expression of interest process for the Park Street/Palmer Lane and Cabarita Place properties.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

10.2

Recreational Vehicle Friendly Town (RVFT) Application - Bega and Cobargo

130/15

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.        That Council endorse Bega and Cobargo seeking membership to the RV Friendly                Town              program.

2.         That other towns in the region be offered the opportunity to participate in the program.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

 

10.3

Assignment of Share in Lease - Lease Site LS-08 at Merimbula Airport

131/15

RESOLVED on the motion of Crs Tapscott and Mawhinney

1.         That Council approve the assignment of a one quarter share of the lease for lease site LS-08 at Merimbula Airport from Graeme Walter Brittliff and Anthony Brian Rettke to Robert Gregory McCombie.

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

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

10.4

Tathra Beach Kiosk Lease

132/15

RESOLVED on the motion of Crs Allen and Seckold

1.         That Council, as Reserve Trust Manager of the Tathra Beach (79310) Reserve authorise in principle a ten year retail lease to Bibi’s Pty Ltd for their continued occupation of the Tathra Beach Kiosk building at a commencing rental of $1,502.88 per month.

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

3.         That in accordance with the requirements of the Crown Lands Act, Council obtains Minister’s consent to the lease. 

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

10.5

Occupation of Old Pambula Courthouse

133/15

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.         That Council, as Reserve Trust Manager of the Baddeley (R.180066) Reserve resolve to enter into a ten year Licence Agreement with the Bega Valley Genealogy Society Incorporated for their occupation of the Old Pambula Courthouse and Police Station building within Reserve 180066 at Pambula.

2.         That authority is granted for the General Manager and/or Mayor to execute the Licence Agreement.

3.         That in accordance with the requirements of the Crown Lands Act, Council obtains endorsement of Minister’s consent to the Licence. 

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

10.6

Surrender of Lease Site LS-02 at Merimbula Airport & Issue of New Lease

134/15

RESOLVED on the motion of Crs Mawhinney and Tapscott

1.         That Council approve a surrender of the lease to Rex and Lynne Koerbin dated 20 February 2015 for the land known as Lease Site LS-02 at Merimbula Airport which has a current term of three years expiring on 30 June 2017.

2.         That Council approve a new lease to South Coast Auto Centre Pty Ltd for Lease Site LS-02 at Merimbula Airport for a period of 25 months commencing on 1 June 2015 and expiring on 30 June 2017 on the same terms as the Koerbin lease to be surrendered.

3.         That the Mayor and/or General Manager be authorised to execute the necessary documents.  

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

Against:                  Cr Fitzpatrick

Absent:                    Crs Taylor and McBain

 

 

11.  Staff Reports – Infrastructure Waste and Water (Accessibility)

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

 

11.1

Land Acquisition for Water Reservoir at North Bega

135/15

RESOLVED on the motion of Crs Allen and Mawhinney

1.        That Council approved the acquisition of Lot 31 of unregistered plan of subdivision of Lot 3 DP 1162321 and easements for water supply and right of carriageway over Lot 32              of unregistered plan of subdivision of Lot 3 DP 1162321 and Lots 1 and 2 in DP 1162321 for the valuation amount of $45,000 (GST not applicable) for the purpose of a water reservoir pursuant to Section 186 of the 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 Mayor and General Manager be authorised to execute the necessary              documents.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

11.2

RFQ 16/15 Supply and deliver of an excavator with a weight range between 13,800kg and 15,000kg

136/15

RESOLVED on the motion of Crs Seckold and Tapscott

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

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

137/15

RESOLVED on the motion of Crs Mawhinney and Seckold

2.         That Council accept the quotation from KEBELCO in relation to the purchase of an excavator as described in RFQ 16/15, in the amount of $184,976.00 (including GST).

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

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

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

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

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

138/15

RESOLVED on the motion of Crs Britten and Allen

1.              That Council accept the recommendations as outlined in the Confidential Attachment.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

139/15

RESOLVED on the motion of Crs Britten and Allen

2.         That Council support the following projects at the nominated level of support.

Bega RSL Sub Branch

$1,138.00

Bega Squash Club

$1,000.00

Pambula Motorfest

$6,800.00 ($1,000.00 cash & $5,800.00 in kind)

Merimbula Jazz Festival

$1,465.00 ($1,000.00 cash & $465.00 in kind)

 

3.         That all successful applicants be advised accordingly.

4.          That all unsuccessful applicants be contacted and provided feedback on their application and on receipt of any further information requested the General Manager be delegated to approve items under $2,000.00  if the information provided meets the criteria.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

12.2

Correspondence Bega Valley Shire Residents and Ratepayers Association

140/15

RESOLVED on the motion of Crs Seckold and Britten

1.          That council confirms and adopts the process detailed in the Mayor’s letter of 2/12/14 ,              accepted as reasonable by the Ombudsman on 17/4/15 and will continue with quarterly              meetings as required.

2.          That the confidential memorandum of information provided to councillors be made public.

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

Against:                  Cr Hughes

Absent:                    Crs Taylor and McBain

 

 

12.3

NSW local government operational and management effectiveness report FY14

141/15

RESOLVED on the motion of Crs Britten and Seckold

1.    That Council note the NSW local government operational and management effectiveness report FY14.

2.    That the report be placed on Council’s website.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

12.4

Fit for the Future Council improvement proposal

142/15

RESOLVED on the motion of Crs Britten and Seckold

That the draft Council Improvement Proposal (CIP) report be placed on public exhibition until 5 June 2015. 

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

13.  Staff Reports – Finance (Leading Organisation)

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

 

13.1

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

143/15

RESOLVED on the motion of Crs Allen and Tapscott

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

13.2

Quarterly Review Budget Statement (QBRS) at March 2015

144/15

RESOLVED on the motion of Crs Tapscott and Allen

1.         That Council note and endorse the March 2015 Quarterly Budget Review Statement (QBRS).

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

3.         That Council place the QBRS for March 2015 on its website for public information.

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

 

 

3.02 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

145/15

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

Against:                  Nil

Absent:                    Crs Taylor and McBain

 

15.      Delegates Reports

There were no delegate reports.

16.      Rescission/alteration Motions

There were no rescission/ alteration motions.

17.      Notices of Motion

 There were no notices of motion.

18.      Urgent Business

There was no urgent business.

19.      Questions On Notice

Cr Fitzpatrick

Asked a question regarding Council properties at Main St and Alice St being considered for release for sale.

The question was taken on notice by Group Manager Strategy and Business Services.

 

Cr Tapscott

Asked a question regarding the status of Mitchies Jetty & Bruce Steer Pool toilets.

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

 

Cr Allen

Asked a question regarding the status of Quaama Hall toilet

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

 

20.      Questions for the Next Meeting

There were no questions for the next meeting.

21       Items of Interest Relating to Council Business

Cr Seckold

-          Launch of Steve Strevens book about Frank Hunt – The Jungle Dark

-          South East Arts Concert Cosmopolitana in Cooma

-          Marine Science Forum  - Eden Marine Discovery Centre

-          Bravehearts Supporting Hands information session. Thank you to David Nyle for organisation

-          CanAssist Biggest Morning Tea & quilt display

-          SERAS AGM at Jindabyne

-          Community Information and feedback meeting regarding the walking track from Tathra Wharf to the Memorial Gardens.

-          PCYC at Youth Space Bega. Police are looking to include primary & secondary students to be part of the Civic Centre Celebrations.

-          Fling Physical Theatre – Rule of Three. Performances on 21, 22, 23 May

 

22.      Confidential Business

 

 

 

Adjournment Into Closed Session

146/15

RESOLVED on the motion of Crs Mawhinney and Seckold

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

22.1    Proposed Acquisition of part SP 74126, Palmer Lane, Merimbula

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 and (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.

 

22.2    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.

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 Britten, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick

Against:                  Cr Hughes

Absent:                    Crs Taylor and McBain

 

23.  Adoption of reports from Closed Session

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That Council adopt the Resolutions of the Closed Session meeting. 

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

Against:                  Cr Hughes

Absent:                    Crs Taylor and McBain

24.  Resolutions to declassify reports considered in closed session

Closure

There were no reports to declassify.

 

There being no further business, the Chairperson closed the meeting at 3.21 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 20 May 2015.