Supplementary Agenda


11 August 2015



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



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




Council       12 August 2015


Supplementary Agenda




15     Delegates Reports

15.1                 ICTC and Main Street Conference Wollongong 2015................................................................. 4


19     Questions On Notice

19.3                 Response to Question on Notice Cr Fitzpatrick - Code of Conduct Matter Cr Tony Allen.... 8


22     Confidential Business 


Adjournment Into Closed Session................................................................................... 11

22.1                 Merimbula Land Developments

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as 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.


23     Adoption of reports from Closed Session

24     Resolutions to declassify reports considered in closed session




Council       12 August 2015



Delegates Reports


12 August 2015


S.1              ICTC and Main Street Conference Wollongong 2015........................................... 4

Council 12 August 2015

Item S.1


15.1. ICTC and Main Street Conference Wollongong 2015      


“People Places and Partnerships – Creating Liveable and Loveable Places”


Cr Britten, Mayor  


Cr Britten

The Conference consisted of 72 sessions covering the issues arising from the theme with an additional 8 mainline presentations and site visits. Two Councillor and two staff Representatives attended due to the depth of the issues involved.

The issues dealt with at the Conference are referenced below.

Cities and Towns in Australia, USA, Canada and New Zealand and the UK were used to demonstrate some of the issues existing today with the need to revitalise and provide retail growth that emphasises the “place” for public inter-reaction with retail experience and the best use of pedestrian and public space as opposed to closed Mall and car parking emphasis.

Issues Arising

1.    Car- parking - Various aspects of the detrimental affect of central parking and main roads dissecting the centre of the town or city were discussed, with the need to move away from the concept “I want to park in front of each shop I go to”. In essence for shopping to be maximised you need to facilitate pedestrian traffic and move away from inhibiting it and create parking and traffic flow outside the shopping area wherever possible.

2.    The detrimental affect of “closed mall” shopping on Main Street shopping.

3.    The need to emphasise “the place” and reason to visit the place surrounding the retail shopping areas. It is essential for successful retail outlets that we need to make the “Place” pleasurable and give a reason to visit as well as shop. Landscape design and free time areas need to be emphasised.

4.    The need to have “anchor employment” so as to stabilise your retail areas such as Government, university or education providers which guarantee a constant clientele (in our area this could be expanded to the rural and fishing  and other industries that make up our economy).

5.    The need to establish in main towns “in town residential living” which provides a backup to you retail centres due to the ease of access and this is particularly relevant with an ageing community and where there is a lack of public transport.

6.    The need for Government collectively, with retail owners, to grow “the place” aspect of retail by funding jointly from Government and retail to beautify, grow and present the retail shopping experience. In many areas business improvement associations have been established to co-ordinate this which is an association with a broader objective that a Chamber of Commerce.

7.    The Need for Government to ease the “red tape” with the DA and other processes to enable retail experiences to be facilitated for e.g. Improved building facades, markets, the use of outdoor space for café and eating experiences and the creation of open mall experiences using closed sections of roads to create more in the centre of towns.

8.    The need to identify the types of retail best suited to each area to combat on-line shopping and to create point of difference for each shopping area experience “a reason why people want to go there”.

9.    The need to engage with Smart Technology throughout shopping areas  - an example of this was given for towns in Australia who use sensors on lighting and on roads and buildings and also the need to create a data hub so that with the use of wireless digitally enhanced services which are shared through a data centre which services multiple organisations.

10.  Specific examples of success and failure were given for Austin Texas, Wellington NZ, Vancouver Canada and in Australia Newcastle, Sunshine Coast, Wollongong and Freemantle and the point was made that continual attention is needed to change and it is highly important that the private sector embrace change as it occurs to ensure its success.

11.  Revitalisation by Government input is taking place in the areas mentioned above, often in conjunction with realising assets and reinvesting to facilitate better retail shopping and with partnerships between Governments and Landlords to achieve results.

        (Comment - This Council has already addressed in general terms many of these issues in its Strategic Planning Documents and recently with its Spire Town Centre Revitalisation Projects and with the proposed sale of some assets and reinvestment of funds in town centres and also with its vision for the Port of Eden and the Airport).

12.  More can be done in the future to facilitate Town Centres through partnership financing to reinvigorate Town Centres and in particular to define the Businesses that are needed to create an attraction and a point of difference for each area and this can be expanded for us from being just retail specific to include farming and general industry.

Possible objectives worthy of consideration for this Council flowing from the Conference are:

a)    Looking into a Business Improvement Association to assist Council

b)    Creating a budget under our economic strategy to allow for $ for $ funding for Community Groups and in particular in the Villages to grow different facets of the Shire for economic benefit with funding to cover streetscape enhancing and community facilities etc.

c)    Following through from the proposed Spire implementation of enhancing Town centres and to assist in creating a point of difference, Council could through its new Economic Development Manager work towards identifying new economic opportunities that could arise in each town:

•     In the Port of Eden where the Port use is being expanded and Action on Imlay has commenced it would be desirable to now identify new economic opportunities that can flow from the Ports use and the attraction to Eden that needs to occur.

•     In relation to Merimbula the flow on from the Airport expansion will create new general aviation opportunities and also new Tourism opportunities all of which benefit the retail centre.

•     With Bega the completion of the Civic Centre and surrounds, the need to create connectivity in the shopping precinct needs to be investigated to enhance the retail growth that has occurred.

•     In Bermagui with the implementation of the Spire plan and as funds become available the Council needs to maximise the pedestrian links from the main street shopping to the lane adjacent to the new Woolworths project as already foreshadowed by Council.

Cr Tapscott

We need to develop an understanding of how places work and why they attract their audience/market to that space.

Liveable /loveable places are always user focused.

We can plan physical space but place branding is about experience and feel. How they feel whilst in that space.

Our CBDs need to transition from just retail destinations to town centres, where people can come and meet, stay, play for free.

We need to explore disruption. (Be brave).  For example:

•     Close roads

•     Calm traffic

•     Move car parks

•     Make pedestrian malls that are open (not contained in a building)

Pedestrians should be top priority, Motor vehicles last priority.

Often risk is over estimated when new and creative ideas are put forward.

Combine policies:  Too many policies stifle development as time is wasted going through each individually.  One blanket policy should suffice for smaller applications.  Choirs, school events markets do not need the same scrutiny as more involved events.

Building codes and regulations are killing strip shopping.

Encourage community involvement and ownership.

Ask "what do you want" don't inflict upon the community what you want to give them as there will be no ownership of the outcome.  Get an agreed vision.

Total spend needs to be greater from community than council (can be In-kind).  Explore crowd source funding.

Creating and activating space in community is not about commerce and retail, it is about creating areas in different sizes that accommodate people and the experience they are after.

Comfort shade entertainment enjoyment engagement will activate space not more retail outlets.

The increase in commercial activity will follow the people.





Council       12 August 2015



Questions On Notice


12 August 2015


19.3            Response to Question on Notice Cr Fitzpatrick - Code of Conduct Matter Cr Tony Allen          8

Council 12 August 2015

Item 19.3


19.3. Response to Question on Notice Cr Fitzpatrick - Code of Conduct Matter Cr Tony Allen     


Providing a response to a question asked by Cr Fitzpatrick at the Council meeting on 10 June 2015


General Manager  


At the Council meeting on 10 June 2015 Cr Russell Fitzpatrick asked:

Could an update be provided to Councillors on whether advice had been received from the Office of Local Government regarding the referral to that office on matters regarding the Code of Conduct Complaint and request for apology from Cr Allen.

The question was taken on notice by the General Manager and the follow response is now provided:

On 20 March 2015 I advised the Office of Local Government (OLG) that Cr Allen had not complied with the Council resolution of 17 December 2014.  The matter was referred to the OLG as a potential breach of clause 8.10 of the Council’s code of conduct which places an obligation on councillors to comply with any council resolution requiring them to take action as a result of a breach of the code.

On 2 June I received a confidential letter from the Chief Executive, of the OLG, relating to the matter. On 6 June I contacted the OLG to gain advice as to whether I was able to release the confidential letter and on 12 June 2015 I wrote to the Chief Executive requesting clarification and permission to release the information.

On 4 August 2015 I received a letter from the Chief Executive of the OLG (attached) which provides the OLG assessment of the matter, that no further action should be taken following Cr Allen’s failure to apologise,  and the reasons for the decision.

The Chief Executive indicated that she had no objection to me providing a copy of her letter to Councillors and the complainants and noted that it may be expedient to table the letter at a Council meeting.  A copy of that letter is attached.



1.            Office of Local Government response re Code of Conduct Cr Allen



12 August 2015

Item 19.3 - Attachment 1

Office of Local Government response re Code of Conduct Cr Allen





12 August 2015


Confidential Business

Adjournment Into Closed Session

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.



That Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

22.1    Merimbula Land Developments

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.