Ordinary Meeting Minutes

1.

Confirmation of Minutes

171/15

RESOLVED on the motion of Crs Taylor and Seckold

That the Minutes of the Ordinary Meeting held on 12 August 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr Allen

2.

Apologies

172/15

RESOLVED on the motion of Crs Seckold and Tapscott

That the apology from Cr Allen be accepted for his inability to attend the meeting.

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

Against:                  Nil

Absent:                    Cr Allen

Suspension of Standing Orders

RESOLVED on the motion of Crs Fitzpatrick and Mawhinney

That Standing Orders be suspended to allow the following persons to address Council:

Regarding Item 8.1. DA No. 2015.236: Stage 1 - Construction of a dwelling, Stage 2 - Establishment for use as a Health Consulting Room (Dentist)

·         Mr Daniel Benjamin, 64 Glen Mia Drive, Bega 2550

Mr Benjamin is representing the following persons:

·        Steve and Cath James, 79 Glen Mia Drive, Bega 2550

·        Tim and Step Dummett, 75 Glen Mia Drive, Bega 2550

·        Ireen and Daniel Benjamin, 64 Glen Mia Drive, Bega 2550

·        Ray Dawson and Allison Reid, 54 Glen Mia Drive, Bega 2550

·        Kevin and Maree O’Brien, 58 Glen Mia Drive, Bega 2550

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

Against:                  Nil

Absent:                    Cr Allen

Mr Benjamin addressed Council and responded to questions from Councillors.

The Mayor thanked Mr Benjamin for his address.

S.1

Mayoral and Deputy Mayoral election – statement by candidates

173/15

RESOLVED on the motion of Cr Britten

That Councillors wishing to stand for the positon of Mayor or Deputy Mayor be given the opportunity as part of Mayoral and Deputy Mayoral election proceedings to address Council on their reasons for seeking that position.

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

Against:                  Nil

Absent:                    Cr Allen

7.

Adjournment into Standing Committees

174/15

RESOLVED on the motion of Crs Mawhinney and McBain

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

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

Against:                  Nil

Absent:                    Cr Allen

8.1

Stage 1 - Construction of a dwelling, Stage 2 - Establishment for use as a Health Consulting Room (Dentist)

The chairperson asked the Group Manager Planning and Environment if there were any further comments he could make following the address to Council.

The Group Manager Planning and Environment responded that the matters raised had been addressed in the report to Council, apart from the first item concerning x-rays etc and that could be dealt with by a further report to Council.

Advice regarding covenants was provided by the Group Manager being that in a general sense covenants were not enforced or maintained by Council with the exception being where the covenant was in favour of Council.

A motion was moved by Crs Britten and Seckold

That in line with Council’s Code of Meeting Practice the matter be deferred following the address to Council.

175/15

RESOLVED on the motion of Crs Britten and Seckold

1.      The matter be deferred and the General Manager be requested to provide a report to the next practicable meeting advising Council of matters under s79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to refuse the development application; 

2.      The report to include suitable reasons for refusal in the event that the Council ultimately determines to refuse its consent to the development application. 

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

Against:                  Nil

Absent:                    Cr Allen

9.1

Bega Showground Trust - Water Use Subsidy

176/15

RESOLVED on the motion of Crs Seckold and Britten

1.         That Council continue to support the Bega Showground Trust in management of their current water account for 2014/15 and 2015/16.

2.         The amount be that stated in the letter dated 19 June 2007 from Council which identifies a contribution based on an amount of 2040kl p/a which relates to the area of the arena on the site. (DW1223731). (Total 4080kl = approx. $10,608)

3.         That 2016/17 be the final year of the agreement with a 50% water credit being made to    the Bega Showground Trust. (Total 1020 kl = approx. $2,754)

4.         The subsidy is to be made by an agreed method which is practical and manageable for both Council and the Showground.

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

Against:                  Nil

Absent:                    Cr Allen

10.1

Lake Curalo Walkway - Acquisition of Easement Over Private Land

RESOLVED on the motion of Crs Fitzpatrick and Britten

1.         That the report, attached Councillor only information and confidential memo be received and noted.

2.         That Council accept the recommendation from the confidential memorandum.

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

Against:                  Nil

Absent:                    Cr Allen

177/15

RESOLVED on the motion of Crs Fitzpatrick and Britten

1.         That Council enter into a formal Deed of Agreement with Mr Eric Clyde Thomas and Mrs Jennifer Marie Thomas for the acquisition of an easement of approximately 100m through their land, being Lot 2 DP 1014631 at Eden for the purpose of a Right of Footway 2.5m wide and Right of Access 2.5m wide.

2.         That Council authorise the payment of $40,000 compensation for the acquisition of the above easement.

3.         That Council include in the deed any necessary wording to ensure appropriate insurance cover is in place between Council and the owner.

4.         That Council authorise the Mayor and General Manager to execute the necessary documentation.

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

Against:                  Nil

Absent:                    Cr Allen

10.2

Assignment of licence - Eden Visitor Information Centre

178/15

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.          That Council approve the assignment of the existing licence to occupy space within the Eden Gateway Centre building from the Eden Chamber of Commerce Incorporated to Eden Tourism Incorporated, trading as Eden Visitor Information Centre.

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

3.          That the Chamber of Commerce be advised that the assignment of licence fee as contained in Council’s Fees & Charges Schedule remains due and payable. 

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

Against:                  Nil

Absent:                    Cr Allen

10.3

Bemboka house options

179/15

RESOLVED on the motion of Crs Mawhinney and Fitzpatrick

1.          That Council formally request NSW Health Infrastructure to remove positive covenant number AD46 from the title of Lot 5 Section 7 DP 758087, Hoskins Street, Bemboka.

2.          That following removal of the covenant, Council engage the services of a planning consultant to prepare a planning proposal to reclassify the land from Community to Operational under Schedule 4 of the Local Environmental Plan and that the proposal be forwarded to the NSW Department of Planning and Environment for Gateway Panel determination.

3.          That the Mayor and General Manager be authorised to execute the necessary documentation.

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

Against:                  Nil

Absent:                    Cr Allen

10.4

Acquisition of 12-16 Cabarita Place, Merimbula

180/15

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.        That Council note the exchange of contracts on Lot 210 DP 1181811 (12-16 Cabarita Place, Merimbula).

2.        That upon acquisition, Council classifies the acquired property as operational land (following a 28 day public submission period) pursuant to Section 31 of the Local Government Act 1993.

3.        That a detailed operating plan (including transition to opening) for the use of the facility be drafted and presented to Council.

4.        That Council declassify the reports and resolutions in relation to the acquisition of Lot 210 DP 1181811 (12-16 Cabarita Place, Merimbula) from the Closed Session meetings of:

·   10 September 2014 Item 20.1 Merimbula Land: Redevelopment Options;

·   12 November 2014 Item 22.1 Merimbula Land: Redevelopment Options; and

·   18 March 2015 Item S.1 Merimbula Land: Redevelopment Options.

5.        That Council engage the services of a planning consultant to prepare a planning proposal to rezone Lot 210 DP 1181811 at Merimbula from R3 Medium Density Residential to B2 Local Centre and that the proposal be forwarded to the NSW Department of Planning and Environment for Gateway Panel determination.

6.        That Council authorise the Mayor and General Manager to execute the necessary documents.

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

Against:                  Nil

Absent:                    Cr Allen

11.1

Compulsory acquisition of land and road reserve for access purposes

181/15

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Council proceed with the compulsory acquisition from itself of the public road reserve comprising a section of 6.032 meters wide running east/west, adjoining the southern boundary of Lots 31 & 32 DP 600836 and shown in red on the diagram attached, for the purpose of limiting public access to a Council owned STP.

2.         That Council makes an application to the Minister and the Governor for approval to acquire the public road reserve comprising a section of 6.032 meters wide running east/west, adjoining the southern boundary of Lots 31 & 32 DP 600836 and shown in red on the diagram attached, by compulsory process in accordance with s78 of the Land Acquisition (Just Terms Compensation) Act 1991 and under section 186(1) of the Local Government Act.

3.         That Council makes an application to the Minister and the Governor for approval to acquire a 65.8m2 section of Lot 31 DP 600836 from Tathra Hotel Pty Ltd for a value of $22,240, by compulsory process in accordance with s78 of the Land Acquisition (Just Terms Compensation) Act 1991 and under section 186(1) of the Local Government Act.

4.         That upon acquisition, Council classify the acquired land as Operational land (following a 28 day public submission period) pursuant to Section 31 of the Local Government Act 1993.

5.         That the General Manager be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the land.

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

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

Against:                  Nil

Absent:                    Cr Allen

11.2

Tender RFT 25/15 External Electrical  Works for Bega Civic Centre, Zingel Place, Littleton Gardens and Adjacent 

RESOLVED on the motion of Crs Britten and Seckold

That Council accepts recommendations as outlined in the Confidential Attachment.

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

Against:                  Nil

Absent:                    Cr Allen

182/15

RESOLVED on the motion of Crs Britten and Seckold

1.         That Council accept the tender from Core Electrical & Communications Pty Ltd for the works described in Tender RFT 25/15 External Electrical Works for Bega Civic Centre, Zingel Place, Littleton Gardens and Adjacent, in the amount of $330,594 (excl. provisional sums and GST).

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

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

Against:                  Nil

Absent:                    Cr Allen

12.1

Joint Organisation of Councils

183/15

RESOLVED on the motion of Crs Britten and Seckold

That a Memorandum of Understanding be developed by the General Managers of Bega Valley and Eurobodalla Shire Councils and that a report be presented to Council at its meeting on 23 September 2015 outlining the areas for cooperation and joint initiatives.

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

Against:                  Nil

Absent:                    Cr Allen

14.

Adoption of reports from Standing Committees

184/15

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 Taylor, Britten, McBain, Hughes, Tapscott, Seckold, Mawhinney and Fitzpatrick

Against:                  Nil

Absent:                    Cr Allen

15.1

Biamanga National Park Board of Management

Cr Hughes delegate’s report, which was included in the Agenda for the meeting, was noted.

15.2

Mumbulla Foundation

Cr Bill Taylor advised that he had attend the meeting of the Mumbulla Foundation on 2 September 2015.  He noted that the new board consisted mainly of members of the community who had have lived in the area for less than 5 years. 

Cr Taylor reported the financial standing of the grant funds is healthy and that applications are now open for grants.  He asked Councillors to remind various groups that the funding round is open until 25 September, and to encourage submission of funding applications.

He also advised the Gala Dinner will be held on 31 October 2015 –  with a  theme of Broadway musicals.  All Councillors are encouraged to attend this major fundraiser.

15.3

South East Australian Transport Strategy (SEATS)

Cr Bill Taylor advised he had attended, with the Group Manager Transport and Utilities, a South East Australian Transport Strategy (SEATS) meeting held in Baw Baw Shire, Warrigal Victoria.  Cr Taylor will arrange for the minutes of that meeting to be circulated when received.  The next SEATS meeting will be in Goulburn in November 2015.

15.4

Local Government Water Management Conference 2015

Cr Michael Britten advised he will report to the next meeting regarding his attendance at the Water Conference in Bowral, with the Water & Sewerage Services Manager.  The report will include recommendations in regard to changes in the Department of Water.

17.1

Prioritisation of the Widening of Sherwin Lane Bermagui

Cr Fitzpatrick and Tapscott moved the notice of motion provided by Cr Allen.

185/15

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That, as a high priority, the General Manager present a report to Council covering the actions necessary for the proposed widening of Sherwin Lane Bermagui.

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

Against:                  Cr Hughes

Absent:                    Cr Allen

17.2

Council support for all actions necessary to stop the impact of "ice" as a drug on the community

The motion was moved by Cr Seckold and Tapscott and Cr Seckold tabled some information and pamphlets about Ice addiction.

186/15

RESOLVED on the motion of Crs Seckold and Tapscott

That Council take into account the urgency of supporting the health workers, NSW Police and the Federal Governments’ call to “Dob in a Drug Dealer” through Crime Stoppers, by indicating its support for all actions necessary to stop the impact of “ice” as a drug on the community.

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

Against:                  Nil

Absent:                    Cr Allen

19.1

19.1 Response to Question on Notice Cr Hughes - Water Supply Information

The response to the question on notice included in the Agenda of the meeting was noted.

20.1

Removal of tree in Littleton Gardens - process for community comment

Cr Keith Hughes asked a question regarding the best method for members of the community to register their comments regarding the removal of the large eucalypt tree in Littleton Gardens, and iron bark trees in front of the building.   He commented on the methods of consultation on previous occasions and also on this occasion.

The General Manager responded regarding the independent arborist’s report including information requested by Council on options for the tree being maintained in the gardens.  She spoke on litigation and insurance risk associated with the risk rating of the tree and the considerable requirements in regard to maintaining the tree.  The General Manager advised that Council currently has two cases on the books regarding property damage caused by the tree.  Pruning of the tree would increase the risk rating.  The Arborist’s report has been made available to the community. 

The General Manager advised that community members can make comment to Councillors or Council via email or telephone.  She noted that there are currently no filters to prevent emails on the matter including bulk emails generated by survey websites.

Cr Hughes asked for a dispensation on the rules regarding addresses to Council to allow the community to address the Council on the matter of the removal of the trees.

The Mayor advised there was no opportunity under the Code of Meeting Practice for this to occur.

20.2

Closure of the Nethercote Falls Road

Cr Russell Fitzpatrick asked what options would be available to Council to support community concerns regarding the closure of the Nethercote Falls Road by NSW State Forests.  He noted that the road is not a Council owned road.

The Group Manager Transport and Utilities advised, that although the Nethercote Falls Road is not a Council road, Council recognises its importance for tourism and emergency Management.  He advised that the Emergency Management Committee have made representations to NSW State Forests regarding road access in the event of an emergencies. He advised Council could make similar representations, however the response from NSW State Forests to the Emergency Management Committee was that the road would be available for emergency access.  It is not known if maintenance of the road will be continued to allow emergency access.

20.3

Location of Library Services in Merimbula

Cr Russell Fitzpatrick asked could a report be provided to Councillors on options for Library Services being included in the former Auswide Building in Merimbula, recently purchased by Council.

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

20.4

Letter from the Office of Local Government regarding Code of Conduct matter

Cr Bill Taylor asked a question regarding a letter from the Executive Officer of the Office of Local Government (OLG), which was tabled at the Council meeting on 12 August, 2015.  The letter advised that no further action should be taken following former Mayor, Cr Allen’s, failure to comply with Councils’ resolution of 17 December 2014, that he publicly apologise to a member of our community. He noted that the letter went on to make it clear that the OLG assessment of the matter could not be construed as condoning Cr Allen’s conduct or his failure to comply with the Council’s resolutions.  Further the letter stated that the OLG finds regrettable Cr Allen’s disregard for some of the factual findings of the District Court and his disregard of Council’s resolution.

Cr Taylor asked that in view of these facts, would the General Manager advise the Council whether she interprets the advice as preventing Council from any further action under the Code of Conduct and whether any other action is available to Council under the Local Government Act, the Regulations or the Code of Conduct, to reinforce a valid resolution of Council.

The General Manager confirmed that the Code of Conduct matter was now concluded and no further action could be taken.  She confirmed that the review by the Office of Local Government concludes the resolution of Council of 17 December 2014 and there are now no outstanding actions from this resolution.

20.5

Evan's Park Kalaru - status update

Cr Kristy McBain asked could Councillors receive an update on the status of Evan’s Park Kalaru.

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