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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 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, Ms Janelle Curtis |
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. |
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RESOLVED on the motion of Crs Mawhinney and Seckold That the Minutes of the Ordinary Meeting held on 22 July 2015 as circulated, be taken as read and confirmed. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
2. |
Apologies |
141/15 |
RESOLVED on the motion of Crs Mawhinney and Tapscott That an apology from Cr McBain be accepted for her inability to attend the meeting. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
Pecuniary Interest
Cr Fitzpatrick declared a pecuniary interest regarding Closed Session Report S1 – Merimbula Lands Development, on the basis that he has a business relationship in the area. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting he would depart the meeting room, taking no part in debate or voting on this item.
Non Pecuniary Interest
Cr Fitzpatrick declared a non-pecuniary interest regarding Item 10.3 Economic Development Symposium, on the basis that he is a director of Bendigo Bank Pambula. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting he would remain in the meeting room, but take no part in debate or voting on this item.
Cr Hughes declared a non-pecuniary interest regarding Item 11.4 Bega and Brogo Rivers Floodplain Risk Management Study and Plan - Tender RFT 39/15, on the basis of his ownership of a small number of shares in one of the tendering companies could create a potential perception of his interest . A signed declaration form was tabled by Cr Hughes 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)
The speakers addressed Council and responded to questions from Councillors.
RESOLVED on the motion of Crs Fitzpatrick and Seckold
That an extension of two minutes be granted to allow Ms Hamilton to complete her address
In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick
Against: Nil
Absent: Cr McBain
The Mayor thanked the speakers for their addresses.
Cr Britten tabled a petition, containing 115 signatures from business owners, in support for local weekly Sapphire Coast Producers Association (SCPA) markets in Bega
There were no Mayoral Minutes.
7. |
Adjournment into Standing Committees |
142/15 |
RESOLVED on the motion of Crs Taylor and MawhinneyThat the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
2.35 pm The Ordinary meeting adjourned and formed in the committee.
In accordance with Council’s Code of Meeting Practice, Cr Fitzpatrick assumed the chair for this section of the agenda.
8.1 |
Establishment of Weekly Markets for up to 40 stallholders - Littleton Gardens, Bega |
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The Chairperson asked if any new matters had been raised during the address to Council. The Group Manager Planning and Environment advised that in his opinion the matter could be deferred for further report, in keeping with Council’s Code of Meeting Practice. |
RESOLVED on the motion of Crs Britten and Allen 1. That in keeping with Council’s Code of Meeting Practice the matter be deferred for further report to Council, with the report to include information on the number and type of stalls, the location and number of days for markets to be held, so as to be able to consider options for approval of the Development Application. 2. That the further report to Council include draft conditions of consent, including conditions as to parking. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
8.2 |
Proposed Amendments to Local Environmental Plan 2013: boundary adjustments and subdivision of land with split zones. |
RESOLVED on the motion of Crs Allen and Seckold1. That Council staff prepare a planning proposal to amend Bega Valley Local Environmental Plan 2013 to include the draft clauses detailed in the body of this report to enable Council to consider development applications for boundary adjustments and subdivision of land with split zonings. 2. That the planning proposal be forwarded to the Department of Planning and Environment’s Gateway Panel for determination. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
8.3 |
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RESOLVED on the motion of Crs Allen and TaylorThat Council adopt the Clean Air Procedure and schedule a review of this procedure no later than November 2017. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
8.4 |
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RESOLVED on the motion of Crs Britten and Taylor1. That Council place the draft Environmental and Public Health Policy on public exhibition for a period of 42 days. 2. That following the exhibition period, the policy be adopted or, if feedback is received, a further report be presented to Council for consideration. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
8.5 |
Demolition of existing two storey dwelling and construction of a new dwelling - Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach |
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A motion was moved by Crs Britten and Fitzpatrick 1. The matter be deferred and the General Manager be requested to provide a report to the next practicable Council Meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979 that would enable consideration to be given, by Council, to the granting of consent to the development application including suitable draft conditions of consent. 2. That further consideration of this matter be subject to the deletion of the gymnasium on the top level and the building, the subject of this application, only be approved as a single dwelling house. 3. That should the development application be approved, separate development consent would be required for the use of the building for any other lawful land use including any alterations and additions that would result in the building being used as more than a single domicile.
A motion was foreshadowed by Cr Hughes 1. That the request to vary the BVLEP 2013 Clause 4.3 building height development standard under BVLEP 2013 Clause 4.6 is not supported as the application fails to demonstrate that compliance with the standard is unreasonable and unnecessary in the circumstances of this case and varying the standard would not be in the public interest. 2. That Development Application 2014.439 for the demolition of an existing dwelling and the construction of a three storey dwelling at Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach be refused for the following reasons: a. The proposed development fails to comply with the maximum building height development standard set by Clause 4.3 of BVLEP 2013 and is inconsistent with the objectives of the Clause in that the development would not retain the existing character and landscape of the locality and would not result in a low-set building form. Further the development fails to protect the residential amenity of adjoining residences. b. The proposed development would have an unacceptable and unreasonable impact on the amenity of adjoining residences in terms of height, bulk and scale and outlook. c. The proposed development is characterised as a dual occupancy (attached) due to the configuration of the building and the fact that the building is capable of being occupied as two separate domiciles. As such the application cannot be approved given the proposed development described in the application is for a single detached dwelling. d. The proposal would not be in the public interest. 3. That those parties who made a submission be advised of Council’s decision. 4. That Council’s solicitor acting in relation to NSW Land and Environment Court proceedings 15/10493 be advised of Council’s determination in relation to this matter. The motion was put to the vote and it was CARRIED on the casting vote of the Chairperson Cr Fitzpatrick In favour: Crs Britten, Mawhinney, Allen and Fitzpatrick Against: Crs Taylor, Hughes, Tapscott and Seckold Absent: Cr McBain |
RESOLVED on the motion of Crs Britten and Fitzpatrick1. The matter be deferred and the General Manager be requested to provide a report to the next practicable Council Meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979 that would enable consideration to be given, by Council, to the granting of consent to the development application including suitable draft conditions of consent. 2. That further consideration of this matter be subject to of the deletion the gymnasium on the top level and the building, the subject of this application, only be approved as a single dwelling house. 3. That should the development application be approved, separate development consent would be required for the use of the building for any other lawful land use including any alterations and additions that would result in the building being used as more than a single domicile. In favour: Crs Britten, Mawhinney, Allen and Fitzpatrick Against: Crs Taylor, Hughes, Tapscott and Seckold Absent: Cr McBain The matter was carried on the casting vote of the Chairperson Cr Fitzpatrick |
8.6 |
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RESOLVED on the motion of Crs Taylor and Seckold1. That Council staff prepare a Planning Proposal to amend Bega Valley Local Environmental Plan 2013 and associated maps in accordance with the recommendations contained in the body of this report. 2. That the Planning Proposal be forwarded to the Department of Planning and Environment’s Gateway Panel for determination. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
8.7 |
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RESOLVED on the motion of Crs Seckold and Hughes1. That Council place the draft policy for Heritage Works of a Minor Nature on public exhibition for a period of 42 days. 2. That following the exhibition period, the policy be adopted or, if feedback is received, a further report be presented to Council for consideration. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
8.8 |
Unauthorised use of land - Junkyard at Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat |
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A motion was moved by Crs Hughes and Britten That Council proceeds in accordance with Section 67 of the Local Government Act 1993 and authorises the General Manager (or her nominee) to seek agreement with the owner to enter the site and remove the material for a fee based on full cost recovery. A motion was foreshadowed by Cr Allen and Taylor 1. That a Council give notice under Section 193 of the Local Government Act 1993 to the owners of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, of the intention to enter their property for the purpose of complying with Order 10 under the Section 124 of the Local Government Act 1993 issued on 28 May 2014, to remove the ferrous and non-ferrous material from the site. 2. That should the owner of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, refuse Council entry to the land for the purpose of complying with Order 10, issued under Section 124 of the Local Government Act 1993, the matter be referred to Council’s Solicitor to commence Class 4 action in the Land and Environment Court. A motion was foreshadowed by Cr Britten That Council issue a Penalty Notice in the amount of $1,500.
The motion was put to the vote and it was LOST In favour: Crs Britten, Hughes and Tapscott Against: Crs Taylor, Seckold, Mawhinney, Allen and Fitzpatrick Absent: Cr McBain
The first foreshadowed motion became the motion and was put to the vote and it was CARRIED on the casting vote of Cr Fitzpatrick. In favour: Crs Taylor, Mawhinney, Allen and Fitzpatrick Against: Crs Britten, Hughes, Tapscott and Seckold Absent: Cr McBain |
RESOLVED on the motion of Crs Allen and Taylor1. That a Council give notice under Section 193 of the Local Government Act 1993 to the owners of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, of the intention to enter their property for the purpose of complying with Order 10 under the Section 124 of the Local Government Act 1993 issued on 28 May 2014, to remove the ferrous and non-ferrous material from the site. 2. That should the owner of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, refuse Council entry to the land for the purpose of complying with Order 10, issued under Section 124 of the Local Government Act 1993, the matter be referred to Council’s Solicitor to commence Class 4 action in the Land and Environment Court. In favour: Crs Taylor, Mawhinney, Allen and Fitzpatrick Against: Crs Britten, Hughes, Tapscott and Seckold Absent: Cr McBain The motion was carried on the casting vote of Cr Fitzpatrick. |
In accordance with Council’s Code of Meeting Practice, Cr Tapscott assumed the chair for this section of the agenda.
9.1 |
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The Chairperson asked was anything raised in the address to Council that required deferment of the item. The Group Manager Community Relations and Leisure advised that no new matters had been raised. RESOLVED on the motion Crs Seckold and Allen That the item be dealt with today. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
RESOLVED on the motion of Crs Seckold and Allen1. That Council note the report. 2. That Council refer the Tathra Headland walking track and carpark proposal to the discussion about ‘headline projects’ to determine its priority against all significant proposed projects as part of the review of the Council’s community strategic plan over the next twelve months. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
9.2 |
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RESOLVED on the motion of Crs Taylor and Mawhinney1. That Council note the report. 2. That Council acknowledge the work of Sapphire Coast Tenancy Scheme in managing the Narira Facility over the past four years. 3. That Council authorise the General Manager to execute a further agreement with Sapphire Coast Tenancy Scheme for up to five years. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
9.3 |
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RESOLVED on the motion of Crs Britten and Mawhinney1. That the report be noted and that Council accept the recommendations as outlined in the confidential attachment. 2. That Council provide in-principle support for the external management of the Bega Civic Centre. 3. That Council authorise the General Manager to enter into negotiations for development of a management agreement for the Bega Civic Centre with Venue Management Services in accordance with Option 2 of their submission. 4. That Council adopt a budget amount of $250,000 per annum to cover management, operations and maintenance of the Bega Civic Centre. 5. That Council publicly release media information regarding the details of Option 2. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
9.4 |
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A motion was moved by Crs Allen and Britten That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
RESOLVED on the motion of Crs Allen and BrittenThat Council endorse John Reynolds as the tenth member of the Access Advisory Committee from August 2015 until June 2016 and the Mayor, on behalf of Council, write to thank all applicants for their interest in becoming a member of the Access Advisory Committee. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
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 |
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RESOLVED on the motion of Crs Allen and Taylor1. That Council note that a 28 day public notification process was completed regarding the proposal to classify each of the parcels of land acquired at Wolumla and Bemboka, with no submissions received. 2. That Council resolve to classify Lot 1 DP 1200639 at Wolumla and Lot 12 DP 1093627 at Bemboka as operational land under Section 31 of the Local Government Act 1993. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
10.2 |
Land Use Options for 142-144 Imlay St Eden (Hotel Australasia) |
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The Chairperson asked had anything been raised in the address to Council that required deferment of the item. The Group Manager Strategy and Business Services advised that no new matters had been raised. RESOLVED on the motion of Crs Mawhinney and Seckold That the matter be dealt with today. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
RESOLVED on the motion of Crs Fitzpatrick and Allen1. That Council pursue the possibility of the acquisition of 142-144 Imlay St Eden (known locally as the Hotel Australasia site), seeking to restore and preserve the heritage value of this site. 2. That Council authorises the General Manager to negotiate an option, at a nominal option fee, for the possible purchase of the site, for a sum not exceeding the value as contained in the valuation report, for a period of no less than 6 months, so as to allow Council time to conduct investigations into the costs of restoration and the ongoing use of the site and for further report back to Council before finalising any action under the option. 3. That during the option period Council carry out due diligence in investigating the cost of restoration of the heritage section of the said building including engagement of an architect and quantity surveyor where necessary so as to clearly establish an overall costing for heritage renovation and further use of the building. 4. That during the option period Council consult with the community, as necessary and at appropriate times, seeking input as to the future of the site and agreed commitment from the community to take responsibility under an appropriate framework to be responsible for the restoration of the heritage part of the building, at no cost to Council, and with Council to take responsibility for the future use of the residue of the land and building. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
10.3 |
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Non-Pecuniary InterestCr Fitzpatrick declared a non-pecuniary interest regarding Item 10.3 Economic Development Symposium, on the basis that he is a director of Bendigo Bank Pambula. Cr Fitzpatrick remained in the meeting room, but took no part in debate or voting on this item. |
RESOLVED on the motion of Crs Allen and MawhinneyThat Council note the Economic Development Symposium for information. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Allen Against: Nil DECLARED AND Absent: Cr McBain |
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 Britten and Tapscott That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
RESOLVED on the motion of Crs Hughes and Tapscott1. That Council accept the tender submission from Silver Raven Pty Ltd in relation to the tender for RFT 50/15 Tilba Dam - Outlet Grouting and Spillway Remediation in the amount of $294,614.79 (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, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
11.2 |
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RESOLVED on the motion of Crs Mawhinney and SeckoldThat Council place the Policy 4.09 – Drinking Water Quality to formalise our commitment to and priorities for providing safe, high quality drinking water to our customers on exhibition for a period of 28 days. That if there are no objections received during the exhibition period the Policy 4.09 – Drinking Water Quality be adopted. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
11.3 |
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RESOLVED on the motion of Crs Fitzpatrick and Seckold1. That Council uphold the objection and give authority to recommence the notification process to advertise the unnamed road on the Western side of the Princes Highway, opposite the intersection to Government Road in Eden, to be named as Palestine Road. 2. That if no further objections are received during the exhibition period the Geographical Names Board be requested to formally gazette the name Palestine Road. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
11.4 |
Bega and Brogo Rivers Floodplain Risk Management Study and Plan - Tender RFT 39/15 |
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Non-Pecuniary InterestCr Hughes declared a non-pecuniary interest regarding Item 11.4 Bega and Brogo Rivers Floodplain Risk Management Study and Plan - Tender RFT 39/15, on the basis of his ownership of a small number of shares in one of the tendering companies could create a potential perception of his interest . Cr Hughes remained in the meeting room, but took no part in debate or voting on this item. RESOLVED on the motion Crs Allen and Seckold That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil declared and Absent: Cr McBain |
RESOLVED on the motion of Crs Allen and Seckold1. That Council accept the tender from Cardno (NSW/ACT) Pty Ltd in relation to contract for the works described in Tender RFT 39/15, in the amount of $106,983.00 (excluding 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, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil declared and Absent: Cr McBain |
11.5 |
Tender RFT 26/15 construction tender for Bega Civic Centre Council Chamber fitout |
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RESOLVED on the motion of Crs Britten and Mawhinney That Council accept the recommendations as outlined in the confidential attachment. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
RESOLVED on the motion of Crs Britten and Mawhinney1. That Council declines to accept any tenders in relation to contract for works as described in RFT26/15 as no tender received complied with the requirements of the tender documents nor offered acceptable value for this project. 2. That Council not invite fresh tenders having already done so and that inviting of fresh tenders would unacceptably extend the time for commencement of the works. 3. That Council enter into negotiations with Grant Dowdle Building Pty Ltd for the fit out of the new Bega Civic Centre Chamber as this will provide Council with the most direct and cost effective project delivery. 4. That authority be delegated to the General Manager to execute all necessary documentation following successful negotiation for RFT 26/15 Bega Civic Centre Council Chambers. 5. That Councillors be notified of the outcome of the negotiations when finalised. 6. That tenderers be advised of Council’s decision. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
11.6 |
Tender RFT 24/15 Civil & Landscape Works for Bega Civic Centre, Zingel Place, Littleton gardens & adjacent |
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RESOLVED on the motion of Crs Britten and Cr Seckold That Council accepts recommendations as outlined in the Confidential Attachment. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold and Mawhinney Against: Crs Allen and Fitzpatrick Absent: Cr McBain |
RESOLVED on the motion of Crs Britten and Mawhinney1. That Council accept the tender from R D Miller Pty Ltd in relation to contract for the works described in Tender RFT 24/15 Civil and Landscape Works for Bega Civic Centre, Zingel Place, Littleton Gardens and Adjacent, in the amount of $1,700,000 (incl. 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 tender be advised of Council’s decision. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
In accordance with Council’s Code of Meeting Practice, Cr Mawhinney assumed the chair for this section of the agenda.
12.1 |
LGNSW Annual Conference 2015 Business Session Submission Draft Motion |
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RESOLVED on the motion of Crs Britten and SeckoldThat Council resolve to approve and submit the following motion to be presented at the 2015 LGNSW Conference, following consultation with Kiama Shire Council
In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
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 |
RESOLVED on the motion of Crs Tapscott and Allen1. 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 Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
4.59 pm The Ordinary Meeting was reconvened.
14. |
Adoption of reports from Standing Committees |
166/15 |
RESOLVED on the motion of Crs Taylor and MawhinneyThat 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, apart from the following items: · 8.5 Demolition of existing two storey dwelling and construction of a new dwelling - Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach and · 8.8. Unauthorised use of land - Junkyard at Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Nil Absent: Cr McBain |
Councillors dealt with the items excluded in Item 14 – Adoption of reports from the Standing Committee.
8.5 |
Demolition of existing two storey dwelling and construction of a new dwelling - Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach |
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A motion was moved Crs Fitzpatrick and Britten 1. The matter be deferred and the General Manager be requested to provide a report to the next practicable Council Meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979 that would enable consideration to be given by Council to the granting of consent to the development application including suitable draft conditions of consent. 2. That further consideration of this matter be subject to the deletion of the gymnasium on the top level and the building, the subject of this application, only be approved as a single dwelling house. 3. That should the development application be approved, separate development consent would be required for the use of the building for any other lawful land use including any alterations and additions that would result in the building being used as more than a single domicile. A motion was foreshadowed by Cr Hughes 1. That the request to vary the BVLEP 2013 Clause 4.3 building height development standard under BVLEP 2013 Clause 4.6 is not supported as the application fails to demonstrate that compliance with the standard is unreasonable and unnecessary in the circumstances of this case and varying the standard would not be in the public interest. 2. That Development Application 2014.439 for the demolition of an existing dwelling and the construction of a three storey dwelling at Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach be refused for the following reasons: a. The proposed development fails to comply with the maximum building height development standard set by Clause 4.3 of BVLEP 2013 and is inconsistent with the objectives of the Clause in that the development would not retain the existing character and landscape of the locality and would not result in a low-set building form. Further the development fails to protect the residential amenity of adjoining residences. b. The proposed development would have an unacceptable and unreasonable impact on the amenity of adjoining residences in terms of height, bulk and scale and outlook. c. The proposed development is characterised as a dual occupancy (attached) due to the configuration of the building and the fact that the building is capable of being occupied as two separate domiciles. As such the application cannot be approved given the proposed development described in the application is for a single detached dwelling. d. The proposal would not be in the public interest. 3. That those parties who made a submission be advised of Council’s decision. 4. That Council’s solicitor acting in relation to NSW Land and Environment Court proceedings 15/10493 be advised of Council’s determination in relation to this matter. The motion was put to the vote and it was CARRIED In favour: Crs Britten, Mawhinney, Allen and Fitzpatrick Against: Crs Taylor, Hughes, Tapscott and Seckold Absent: Cr McBain The matter was carried on the casting vote of the Chairperson Cr Britten |
RESOLVED on the motion of Crs Fitzpatrick and Britten RESOLVED on the motion of 1. The matter be deferred and the General Manager be requested to provide a report to the next practicable Council Meeting advising Council of matters under Section 79C of the Environmental Planning and Assessment Act 1979 that would enable consideration to be given by Council to the granting of consent to the development application including suitable draft conditions of consent. 2. That further consideration of this matter be subject to the deletion of the gymnasium on the top level and the building, the subject of this application, only be approved as a single dwelling house. 3. That should the development application be approved, separate development consent would be required for the use of the building for any other lawful land use including any alterations and additions that would result in the building being used as more than a single domicile. In favour: Crs Britten, Mawhinney, Allen and Fitzpatrick Against: Crs Taylor, Hughes, Tapscott and Seckold Absent: Cr McBain The matter was carried on the casting vote of the Chairperson Cr Britten |
8.8 |
Unauthorised use of land - Junkyard at Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat |
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A motion was moved by Crs Allen and Taylor 1. That a Council give notice under Section 193 of the Local Government Act 1993 to the owners of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, of the intention to enter their property for the purpose of complying with Order 10 under the Section 124 of the Local Government Act 1993 issued on 28 May 2014, to remove the ferrous and non-ferrous material from the site. 2. That should the owner of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, refuse Council entry to the land for the purpose of complying with Order 10, issued under Section 124 of the Local Government Act 1993, the matter be referred to Council’s Solicitor to commence Class 4 action in the Land and Environment Court. A motion was foreshadowed by Cr Hughes That Council proceeds in accordance with Section 67 of the Local Government Act 1993 and authorises the General Manager (or her nominee) to seek agreement with the owner to enter the site and remove the material for a fee based on full cost recovery. The motion was put to the vote and it was CARRIED In favour: Crs Taylor, Britten, Mawhinney, Allen and Fitzpatrick Against: Crs Hughes, Tapscott and Seckold Absent: Cr McBain |
RESOLVED on the motion of Crs Allen and Taylor 1. That a Council give notice under Section 193 of the Local Government Act 1993 to the owners of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, of the intention to enter their property for the purpose of complying with Order 10 under the Section 124 of the Local Government Act 1993 issued on 28 May 2014, to remove the ferrous and non-ferrous material from the site. 2. That should the owner of Lot 3 DP 735201, 27 Darcy Lane, Jellat Jellat, refuse Council entry to the land for the purpose of complying with Order 10, issued under Section 124 of the Local Government Act 1993, the matter be referred to Council’s Solicitor to commence Class 4 action in the Land and Environment Court. A motion was foreshadowed by Cr Hughes That Council proceeds in accordance with Section 67 of the Local Government Act 1993 and authorises the General Manager (or her nominee) to seek agreement with the owner to enter the site and remove the material for a fee based on full cost recovery. The motion was put to the vote and it was CARRIED In favour: Crs Taylor, Britten, Mawhinney, Allen and Fitzpatrick Against: Crs Hughes, Tapscott and Seckold Absent: Cr McBain |
16. Rescission/alteration Motions
There were no Rescission motions.
There were no Notices of Motion.
There was no urgent business.
19.1 |
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The response to the question on notice published in the Council Agenda for the meeting held 12 August 2015, was noted. |
19.2 |
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The response to the question on notice published in the Council Agenda for the meeting held 12 August 2015, was noted. |
Cr Seckold spoke to the a number of items of interest including her attendance at the following events:
· Eden Ice Forum held on 23 July 2015, and proposed presentation of a report to the 3 September, 2015 Council meeting regarding assistance Council could provide to health services regarding this issue.
· Bermagui District Lions Changeover Dinner on 26 July 2015
· Tathra Landcare Changeover Lunch held on 31 July 2015
· Red Cross Zone 8 Conference held at Candelo on 3 August 2015
· Probus Club monthly meeting on 10 August 2015
· Presentation at the Mumbulla (Steiner) School “World Wide Wayfarers”. Children performed choral music from their respective countries of Taiwan, China, Japan and Australia and performed a musical theatre piece regarding endangered animal species.
Cr Seckold spoke about her welcome to scientists, geologists and palaeontologists, from Switzerland, USA, Canada, Spain and Germany who are visiting the fossil sites located along the South East coastline, in particular near Eden and Tathra, and were led by Dr Gavin Young from the Australian National University (ANU).
Cr Seckold extended an invitation to all to attend a welcome in Littleton Gardens to be held at 8.30 am on Thursday 13 August, 2015, to Sandra Moran and her support team “Ride 4 Life – Jaie’s Journey”, and a meeting at Candelo Hotel at 7.30 pm. The message of these functions is to reduce the stigma of suicide and highlight the need to ask for help.
Councillor Seckold also paid tribute to Cr Fergus Thomson, former Mayor of Eurobodalla Shire and noted the attendance by Bega Valley Shire Council staff at Councillors at his funeral on 29 July
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Adjournment Into Closed Session |
169/15 |
RESOLVED on the motion of Crs Allen and Mawhinney1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: S.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. 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, Tapscott, Seckold, Mawhinney, Allen and Fitzpatrick Against: Cr Hughes Absent: Cr McBain |
Pecuniary Interest
Cr Fitzpatrick declared a pecuniary interest regarding Closed Session Report S1 – Merimbula Lands Development, on the basis that he has a business relationship in the area. Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.
S.1 |
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RESOLVED on the motion of Crs Allen and Mawhinney That Council enter into a public process via tender to dispose of Lot 946 DP 604076 and Lot 949 DP 810986 Main Street, Merimbula. In favour: Crs Taylor, Britten, Hughes, Tapscott, Seckold, Mawhinney and Allen Against: Nil Absent: Crs McBain and Fitzpatrick |
Cr Fitzpatrick returned to the meeting room
There were no resolutions to declassify reports.
There being no further business, the Chairperson closed the meeting at 5.37 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 12 August 2015.