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Present Cr Michael Britten, Mayor Cr Liz Seckold, Deputy Mayor Cr Tony Allen Cr Ann Mawhinney Cr Kristy McBain Cr Sharon Tapscott Cr Bill Taylor
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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, Ms Janelle Curtis |
The Mayor opened the meeting an announced:
“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.
I would like to advise that NAIDOC Week 2015 will be held from 5 to 12 July.
The purpose of NAIDOC is to celebrate the history, culture and achievements of Aboriginal and Torres Strait Islander peoples. NAIDOC Week is celebrated not only in Indigenous communities but by Australians from all walks of life. The week is a great opportunity to participate in a range of activities as well as support your local Aboriginal and Torres Strait Islander community.
I look forward to Councillors participation in this celebration.”
1. |
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RESOLVED on the motion of Crs Mawhinney and Tapscott That the Minutes of the Ordinary Meeting and Closed Session held on 10 June 2015 as circulated, be taken as read and confirmed. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
2. |
Apologies |
102/15 |
RESOLVED on the motion of Crs Mawhinney and Seckold That an apology from Crs Fitzpatrick be accepted for his inability to attend the meeting. That the leave of absence from 11 June 2015 to 17 July 2015 requested by Cr Hughes be accepted. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
Cr Britten declared non-pecuniary interest regarding Item 22.2 Closed Session report Request for Financial Assistance Cemetery Fees on the basis that the applicant was previously a director of a tenant company. A signed declaration form was tabled by Cr Britten for inclusion in the Register, noting he would remain in the meeting room, but take no part in debate or voting on this item.
4. Deputations (by prior arrangement)
There were no deputations.
There were no petitions.
There were no Mayoral Minutes.
7. |
Adjournment into Standing Committees |
103/15 |
RESOLVED on the motion of Crs Taylor and SeckoldThat 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, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
2.02 pm The Ordinary meeting adjourned and formed in the committee.
There were no Planning and Environment (Sustainability) Reports.
In accordance with Council’s Code of Meeting Practice, Cr Tapscott assumed the chair for this section of the agenda.
9.1 |
Tender RFT38/15 for Supply and Installation of Playground Equipment at Ford Park, Merimbula and Bega Park, Bega |
RESOLVED on the motion of Crs Britten and Mawhinney 1. That the report be received and noted. 2. Pursuant to Clause 178 (1)(b), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) Council declines to accept any tenders in relation to contract for works described in RFT38/15. 3. Pursuant to Clause 178 (3)(e), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) Council enter into negotiations with Viva Recreation for the supply and installation of playground equipment at Bega Park and Ford Park. 4. Pursuant to Clause 178 (4), of the Local Government (General) Regulation 2005 (Acceptance of Tenders) the reasons for declining to invite fresh tenders are: a) The Viva Recreation tender demonstrated good understanding of the inclusiveness aspects of the playground design and when compared with the other tenders the tender demonstrated good value for money. b) It is expected the best outcome will be reached with Viva Recreation that delivers the project objectives, particularly inclusiveness, and represents good value to Council; and c) Calling fresh tenders would extend the time for commencement of the works. 5. That authority be delegated to officers through the General Manager to negotiate with Viva Recreation to supply and install playground equipment at Ford Park, Merimbula and Bega Park, Bega to a value of $175,000 excluding GST and execute all necessary documentation. 6. Councillors be notified of the outcome of the negotiations when finalised. 7. That tenderers be advised of Council’s decision. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
In accordance with Council’s Code of Meeting Practice, Cr McBain assumed the chair for this section of the agenda.
10.1 |
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RESOLVED on the motion of Crs Mawhinney and Tapscott1. That the Economic Development Strategy 2015 be placed on public exhibition for a period of 28 days. 2. Should submissions be received, a report be brought back to Council for discussion. If no submissions be received the Economic Development Strategy 2015 becomes adopted as final. 3. Once adopted, the current Economic Development Strategy 2010 and Business Growth Action Plan 2010 are rescinded. . 4. Once adopted, the actions as reported in the Economic Development Strategy 2015 are incorporated into the adopted Delivery Plan and Operational Plan for 2016. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
In accordance with Council’s Code of Meeting Practice, Cr Taylor assumed the chair for this section of the agenda.
11.1 |
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RESOLVED on the motion of Crs McBain and Tapscott1. That Council note and endorse acceptance of the Funding Deed and delegate execution of the Funding Deed by the General Manager. 2. That the projects proceed in accordance the NSW Boating Now Funding Deed Terms and Conditions. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
11.2 |
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RESOLVED on the motion of Crs Britten and McBain That Council accepts the tender evaluation recommendation as outlined in the confidential attachment. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
RESOLVED on the motion of Crs Britten and Seckold1. That Council accept the tender from Whelans Group Investments in relation to contract for the works described in Tender RFT 30/15, in the amount of $1,268,025.29 (including GST), subject to variations and provisional sums. 2. That authority is delegated to the General Manager to execute all necessary documentation. 3. That the other tenderers be advised of Council’s decision. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
11.3 |
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RESOLVED on the motion of Crs McBain and Britten1. That Council approve the provision of $150K upper limited subsidy funding for renewal and expansion of the Pambula Merimbula Golf Club effluent irrigation system. 2. That Council subsidy funding be provisional on the Pambula Merimbula Golf Club successfully attaining National Stronger Regions subsidy funding of $500K and Council being satisfied as to the standard of infrastructure provided. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold and Mawhinney Against: Cr Allen Absent: Crs Hughes and Fitzpatrick
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11.4 |
RFT 23/15 Imlay St Eden Demolition, Civil and Landscape Works |
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RESOLVED on the motion of Crs Tapscott and Seckold Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
RESOLVED on the motion of Crs Tapscott and Seckold1. Council accept the tender submission from Guideline Southcoast Pty Ltd in relation to the tender for RFT 23/15 Demolition, Road, Civil and Landscape Works, Imlay Street Eden in the amount of $1,395,550 (including GST), subject to variations, provisional sums and prime cost items. 2. That authority is 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, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
In accordance with Council’s Code of Meeting Practice, Cr Mawhinney assumed the chair for this section of the agenda.
12.1 |
Legislative Council Review Fit for the Future: Council submission |
RESOLVED on the motion of Crs Britten and SeckoldThat Council lodge a submission with the NSW Legislative Council’s General Purpose Standing Committee No. 6 on its inquiry into Local Government in New South Wales. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
12.2 |
Councillor and Mayoral Fees (Section 241 Local Government Act) |
RESOLVED on the motion of Crs Taylor and Seckold1. That Council resolve the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2015 to 30 June 2016 will be $18,380 2. That Council resolve the annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2015 to 30 June 2016 will be $40,090. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
In accordance with Council’s Code of Meeting Practice, Cr Britten assumed the chair for this section of the agenda in Cr Hughes absence.
13.1 |
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RESOLVED on the motion of Crs Mawhinney and Taylor1. That Council acknowledges the importance of federal funding through the Financial Assistance Grants program for the continued delivery of council services and infrastructure. 2. That Council acknowledges that the Council has received $6,771,796 in 2014-2015 with a similar amount expected in 2015-16. 3. That Council will ensure this federal funding, and other funding provided by the Federal Government under the relevant grant programs, is appropriately identified as Commonwealth grant funding in Council publications, including annual reports. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
13.2 |
Application for Financial Assistance - Twyford Hall Incorporated |
RESOLVED on the motion of Crs McBain and TapscottThat Council resolve to contribute $6,616.50 toward the electrical works associated with the upgrade of the kitchen at Twyford Hall, Merimbula. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
2.44 pm The Ordinary Meeting was reconvened.
14. |
Adoption of reports from Standing Committees |
114/15 |
RESOLVED on the motion of Crs Mawhinney and SeckoldThat 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, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
S.1 |
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The report from Cr Seckold and presentation at the Public Forum by South East Regional Academy of Sport today was noted. |
16. Rescission/alteration Motions
There were no rescission motions.
There were not notices of motion.
There was no urgent business.
19.1 |
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The response from the Group Manager Community, Relations and Leisure to Cr Tapscott’s questions that formed part of the Agenda for the 1 July 2015 Council Meeting was noted. |
19.2 |
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The response from the Group Manager Community, Relations and Leisure to Cr Hughes question that formed part of the Agenda for the 1 July 2015 Council Meeting was noted. |
On Track Committee
Cr Seckold reported on the success of the On-Track Committee’s recent River Day held on 24 May 2015. On-Track is determined to encourage community use of the area and three groups have expressed interest. On-Track has been concerned with security, lighting, removal of the viewing platform and the installation of security bars for the downstairs stadium, removal of rubbish and mowing. Some quotes have been accepted for this work.
Crs Seckold, Britten, McBain and the General Manger attended ALGA NGA in June. A full report will be presented to the next Council Meeting. It was noted that all four motions put forward by Bega Valley Shire Council were accepted unanimously by the Assembly.
Cr Seckold tabled two documents for the information of other Councillors.
Gary Lonesborough film
Cr Seckold noted the resolution of Council on 10 June 2015 to provide financial assistance towards Mr Lonesborough’s film. She advise Councillors the filming in the Bega Valley was underway and that she had visited the film site as Council’s representative.
Cr Seckold spoke on the visit by the NSW Mental Health Commission, who met with the Mayor, herself and staff. Cr Seckold tabled documents, including booklets on living with mental health issues and the Strategic Plan for the future of Mental Health in NSW.
Cr Seckold advised she had also attended a luncheon meeting hosted by the NSW Mental Health Commission and commented on the excellent guest speaker, who has agreed to present at a future Suicide Prevention Network (SPAN) meeting.
Cr Britten declared non-pecuniary interest regarding Item 22.2 Closed Session report Request for Financial Assistance Cemetery Fees on the basis that the applicant was previously a director of a tenant company. A signed declaration form was tabled by Cr Britten for inclusion in the Register, noting he would remain in the meeting room, but take no part in debate or voting on this item.
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Adjournment Into Closed Session |
115/15 |
RESOLVED on the motion of Crs Taylor and Seckold1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 22.1 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 Application for Financial Assistance - Cemetery Fees 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) the report contains personnel matters concerning particular individuals and (b) the report contains a discussion in relation to the personal hardship of a resident or ratepayer. 22.3 Bega Lands Proposal 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. 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 and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
RESOLVED on the motion of Cr Allen and Mawhinney
That all motions recorded in the Closed Session, acknowledging declarations of interest already made, be adopted in and by the Ordinary Council Meeting, as detailed below:
23.1 |
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RESOLVED on the motion of Crs Allen and Mawhinney 1. Further to the Council’s resolution on 20 May 2015 and in light of the Office of Local Government’s correspondence dated 16 June 2015, that Council make application to the Minister and the Governor for the approval to acquire the said land, being that land now identified as Lot 1112 in DP 1210253, being 51.80m2, by compulsory process, for the purposes of a public road, under s186(1) of the Local Government Act 1993. 3. That Council declassify all reports on this matter. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
23.2 |
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RESOLVED on the motion of Crs Allen and Mawhinney That Council adopt the resolution of the closed session meeting. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
23.3 |
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RESOLVED on the motion of Crs Allen and Mawhinney That Council adopt the resolution of the closed session meeting. In favour: Crs Taylor, Britten, McBain, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs Hughes and Fitzpatrick |
RESOLVED on the motion of Crs Mawhinney and Allen
That Council declassify all reports on Acquisition of land for Merimbula bypass road.
There being no further business, the Chairperson closed the meeting at 3.11 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 1 July 2015.