Ordinary Meeting Minutes

Held on Wednesday 23 September 2015

At Council Chambers, Bega Commencing at 2.00 pm

 


 Present

Cr Michael Britten, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Russell Fitzpatrick

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Sharon Tapscott

 In Attendance

General Manager, Ms Leanne Barnes

Group Manager Transport and Utilities, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community Relations and Leisure, Mr Anthony Basford

Minute Secretary, Ms Janelle Curtis

 

Acknowledgement of Traditional Custodians of Bega Valley Shire

I would like to commence by acknowledging, on behalf of Bega Valley Shire Council the Traditional Custodians of the lands and waters of the Shire – the people of Yuin nation and show our respect to elders past and present.

1.

Confirmation of Minutes

193/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting held on 2 September 2015 and the Extraordinary Meeting held on 16 September 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

 

2.

Apologies

194/15

RESOLVED on the motion of Crs Mawhinney and Hughes

That the apologies  from Cr Taylor and Cr Allen be accepted for their inability to attend the meeting and leave of absence be granted.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

3.    Declarations

Pecuniary Interest

Cr Mawhinney declared a pecuniary interest regarding Item 9.3 Bega Indoor Sports Stadium Licence on the basis that she is Chair of fLiING Physical Theatre Board.  A signed declaration form was tabled by Cr Mawhinney for inclusion in the Register indicating Cr Mawhinney would depart the meeting room, taking no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

 

Suspension of Standing Orders

195/15

RESOLVED on the motion of Cr McBain and Seckold

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

Community Relations and Leisure Report No 9.1 Civic Centre – Naming

Mr John Watkin, on behalf of the Bega RSL Sub-Branch (authority supplied).

Community Relations and Leisure Report No 9.3 Bega Indoor Sports Stadium Licence

Mr John Hunt, on behalf of fLiNG Physical Theatre (authority supplied)

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

The speakers addressed Council and responded to questions from Councillors.

The Mayor thanked the speakers for their addresses.

5.        Petitions

5.1

Bega Tathra Safe Ride Group - Bike Path

 

Cr Liz Seckold tabled a petition from the Bega Tathra Safe Ride Group regarding a Bike Path from Bega to Tathra, which had 177 signatures.  Cr Seckold noted there were 368 signatures on the online petition and 415 likes on the Facebook page and that she would be asking a Question on Notice regarding this matter.

6.        Mayoral Minutes

There were no Mayoral Minutes.

7.

Adjournment into Standing Committees

196/15

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

2.13 pm         The Ordinary meeting adjourned and formed in the committee.

8.    Staff Reports – Planning and Environment (Sustainability)

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

8.1

Pambula Lake Estuary – Coastal Zone Management Plan

197/15

RESOLVED on the motion of Crs Seckold and McBain

1.    That Council adopts the Coastal Zone Management Plan for Pambula Lake Estuary.

2.    That Council submits the Coastal Zone Management Plan for Pambula Lake Estuary to the Minister for Environment for Certification and Gazettal in accordance with s55 of the Coastal Protection Act 1979.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

8.2

Construction of a dwelling and establishment of use as a Health Consulting Room

198/15

RESOLVED on the motion of Crs Britten and McBain

1.          That Council is of a mind to refuse the application and invites the applicant to amend the plans to remove the health consulting room

2.          That if the application is so amended that staff determine the matter expeditiously.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

8.3

DA No. 2014.439:  Demolition of existing two storey dwelling and construction of a new dwelling - Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach

199/15

RESOLVED on the motion of Crs Hughes and Mawhinney

That Council notes the judgement of Commissioner O’Neill, handed down in relation to NSW Land and Environment Court proceedings 10493/2015 on 2 September 2015 regarding Development Application 2014.439, for the demolition of an existing dwelling house and the construction of a three storey dwelling at Lot 1 DP 247553, 30 Coraki Drive, Pambula Beach.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

9.    Staff Reports – Community, Culture and Leisure (Liveability)

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

9.1

Civic Centre - Naming

 

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That the matter be heard as items raised in the address are to be incorporated into an amended recommendation.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

A motion was moved by Crs Fitzpatrick and Seckold

1.         That Council note the report.

2.         That the new building be known as Bega Valley Commemorative Civic Centre.

3.         That the Civic Centre room names be:

Room

Proposed Aboriginal Name/Names

Meaning

Chambers

Biamanga Room

Men’s Mountain

Level one foyer

Biamanga Foyer

Auditorium

Merra-winga

Place of dreaming

Auditorium Annexe

Gulaga Room

Women’s Mountain

Ground floor foyer

Gulaga Foyer

Meeting room 1

Bulawarn Room 1

A spiritual place

Meeting room 2

Bulawarn Room 2

Auditorium or Foyer Bar

Diggers Bar

Noting history of the site as a memorial town hall.

4.         That the Bega Valley Shire Council logo (in full colour) as a concept be considered to be installed onto the façade of the Civic Centre.

5.          That appropriate ground level signage is installed as part of the current works to identify the Civic Centre and other key community assets in the Little Gardens precinct.

6.          That Council consult with the Bega RSL Sub-Branch to resolve on internal and external display of memorabilia in the Civic Centre.

 

An amendment was moved by Cr McBain that

That the Bega Valley Shire Council logo (in full colour)not be installed onto the façade of the Civic Centre.

The amendment lapsed for want of a seconder.

The motion was put to the vote and it was CARRIED

200/15

RESOLVED on the motion of Crs Fitzpatrick and Seckold

 

1.         That Council note the report.

2.         That the new building be known as Bega Valley Commemorative Civic Centre.

3.         That the Civic Centre room names be:

Room

Proposed Aboriginal Name/Names

Meaning

Chambers

Biamanga Room

Men’s Mountain

Level one foyer

Biamanga Foyer

Auditorium

Merra-winga

Place of dreaming

Auditorium Annexe

Gulaga Room

Women’s Mountain

Ground floor foyer

Gulaga Foyer

Meeting room 1

Bulawarn Room 1

A spiritual place

Meeting room 2

Bulawarn Room 2

Auditorium or Foyer Bar

Diggers Bar

Noting history of the site as a memorial town hall.

4.         That the Bega Valley Shire Council logo (in full colour) as a concept be considered to be installed onto the façade of the Civic Centre.

5.          That appropriate ground level signage is installed as part of the current works to identify the Civic Centre and other key community assets in the Little Gardens precinct.

6.          That Council consult with the Bega RSL Sub-Branch to resolve on internal and external display of memorabilia in the Civic Centre.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

9.2

Civic Centre - Fees and Charges

201/15

RESOLVED on the motion of Crs Mawhinney and McBain

1.         That Council note the report.

2.         That the draft fees and charges for the Bega Valley Shire - Civic Centre 2015-16 be placed on public exhibition for 28 days following the resolution.

3.         That if no submissions are received the fees and charges for the Civic Centre will be taken as adopted.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

9.3

Bega Indoor Sports Stadium Licence

 

Pecuniary Interest

Cr Mawhinney declared a pecuniary interest regarding Item 9.3 Bega Indoor Sports Stadium Licence on the basis that she is Chair of fLiING Physical Theatre Board.

Cr Mawhinney departed the meeting room, taking no part in debate or voting on this item.

RESOLVED on the motion of Crs Britten and Fitzpatrick

That the matter be heard as items raised in the address can be incorporated into an amended recommendation.

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

Against:                  Nil

Absent:                    Crs Taylor, Mawhinney and Allen

202/15

RESOLVED on the motion of Crs McBain and Britten

1.         That Council note the report.

2.         That Council grant a further two year licence with a one year option to fLiNG Physical Theatre Incorporated, with the annual licence fee, terms and conditions to be negotiated.

3.         That the General Manager be authorised to execute the necessary documents.

4.         That the draft hire fees proposed by fLiNG included in the report for use of the facility by other user groups be advertised and placed on 28 day public exhibition period.

5.         That if written submissions are received during the exhibition period they be reported to Council. If no written submissions are received the fees and charges will be taken as adopted.

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

Against:                  Nil

Absent:                    Crs Taylor, Allen and Mawhinney

Cr Mawhinney returned to the meeting room.

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

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

10.1

Tourism Industry Review

203/15

RESOLVED on the motion of Crs Tapscott and Mawhinney

That Council note the upcoming Tourism Industry Review which will take place over the months of October – November 2015.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

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

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

11.1

Additional waste disposal vouchers

204/15

RESOLVED on the motion of Crs Tapscott and McBain

1.         That Council increases the annual issue of free waste disposal vouchers from one to two per year and additional vouchers are provided to all rateable assessments.

2.         That the waste vouchers are issued with the first and third quarter rates notices each year.

3.         That one of the benefits of the waste vouchers is they are a means of assisting residents to prepare their properties for bushfire and are promoted as such.

4.         That the waste vouchers are deemed to compensate remote villages adequately for the inconvenience and cost of disposing of garden waste at a waste facility.

5.         That Council receive a report on the cost and the provision, in relevant areas or the Shire, of additional temporary waste facilities for seasonal placement.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

11.2

Bega Valley Local Traffic Committee 2 September

205/15

RESOLVED on the motion of Crs Mawhinney and Seckold

That Council note the advice of the Bega Valley Local Traffic Committee Meeting held on the 2 September 2015 and approve the following;

Installation of No Stopping Zone signs at Lagoon Street, North Bega

1.       That Council approves the installation of “No Stopping” zone along the southern side of Lagoon Street commencing at its intersection with the access driveway to the Bega Cheese Heritage Centre in a westerly direction for a distance of 133 metres.

2.       That Council approves the installation of a “No Stopping” zone opposite the Bega Cheese Heritage Centre for a total distance of 24 metres.

Motor Bike parking Newtown Road, Bega

1.      That Council approve the installation of 4.2 metres of parking – Motor Bikes only between the access driveways to No. 154 and No. 152 Newtown Road.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

11.3

Pambula Merimbula Golf Club - Effluent Reuse

206/15

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Council approve the provision of $150,000 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 NSW 2015/16 Club Grants Category 3 subsidy funding of $500,000.

In favour:             Crs Britten, McBain, Tapscott and Mawhinney

Against:                  Crs Hughes, Seckold and Fitzpatrick

Absent:                    Crs Taylor and Allen

 

11.4

Tender RFT 26/15 Construction Tender for Bega Civic Centre Council Chamber Fit-out

207/15

RESOLVED on the motion of Crs Mawhinney and Seckold

1.         That Council note the negotiated offer from Grant Dowdle Building Pty Ltd for $177,033.57 incl. GST and subject to variations and provisional amount.

2.         That Council endorse the General Manager’s actions in awarding Tender 26/15 Bega Civic Centre Council Chambers Fit-out to Grant Dowdle Building Pty Ltd.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

12.  Staff Reports – Governance and Strategy (Leading Organisation)

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

12.1

Councillor Portfolios, Agenda and Reporting Theme areas

208/15

RESOLVED on the motion of Crs Britten and Seckold

11.  That Council confirms the theme reporting and portfolio structure as:

·    Staff Reports:  Planning and Environment (Sustainability);

·    Staff Reports:  Community, Culture and Leisure (Liveability);

·    Staff Reports:  Economic Development and Business Growth (Enterprising);

·    Staff Reports:  Infrastructure Waste and Water (Accessibility);

·    Staff Reports:  Governance and Strategy (Leading Organisation);

·    Staff Reports:  Finance (Leading Organisation).

2.    That Council note the objective and terms of reference for each portfolio.

3.    That all Councillors be members of the Standing Committees

4.    That the following Councillors be nominated to facilitate each Portfolio:

·    CrTaylor  Staff Reports:  Planning and Environment (Sustainability);

·    Cr Tapscott Staff Reports:  Community, Culture and Leisure (Liveability);

·    Cr McBain Staff Reports:  Economic Development and Business Growth (Enterprising);

·    Cr Fitzpatrick taff Reports:  Infrastructure Waste and Water (Accessibility);

·    Cr Mawhinney Staff Reports:  Governance and Strategy (Leading Organisation);

·    Cr Hughes Staff Reports:  Finance (Leading Organisation).

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

12.2

Committee and Panel Delegates and Representatives

209/15

RESOLVED on the motion of Crs Britten and Mawhinney

Cr Britten and Mawhinney

1.    That Council note the definitions and purpose of Committees and Panels

2.    That Council confirm the delegates and alternates to Committees, Panels and Organisations as outlined in the table:

Section 355 Committee/Panel

 Delegate/Representative 2015/16

Access Committee

Cr Tapscott

Business Growth Committee

 This committee has not been formed and it is proposed to alter the format following adoption of the economic development strategy.

Coastal Planning and Management Panel

Crs Hughes and Taylor

General Cemetery Management Committee

Cr Tapscott

General Halls Management Committee

Cr Mawhinney

General Sportsground Committee

Crs Britten and Allen

Internal Audit Committee

Cr Mawhinney

 

Internal or Community Committee/Panel

Delegate Representative 2015/2016

Bega Valley Medallion Committee

Cr Britten (Mayor)

Bega Valley Shire "On Track" Committee

Cr Seckold

Central Waste Facility Community Consultation Committee (CWFCCC)

Crs Britten and Taylor

Communications and Community Engagement Reference Group

In place for 18 months with the last meeteing in to be held October 2016, Cr Mawhinney to remain in place as delegate until expiration of the group.

Community Environment Grants Committee

Crs Hughes and Taylor

Heritage Grants Committee

Crs Hughes and Seckold

Integrated Water Cycle Management Reference Panel

Crs Hughes and Taylor

Internal Finance Committee

Chair – Cr Britten (Mayor) and all Councillors

Local Traffic Committee &Traffic Development Advisory Committee

Cr Fitzpatrick

Police Liaison Committee

Cr Britten (Mayor)

Youth Council

Cr Seckold

 

External Groups Committee/Organisation

Delegate Representative 2015/2016

Australian Coastal Councils Association Inc (formerly National Sea Change Taskforce)

Cr Britten (Mayor)

Batemans Marine Park

Cr Hughes

Bega Valley Bush Fire Management

Cr Tapscott

Bega Valley Business Forum

Cr McBain, Cr Britten (alternate)

Biamanga National Park

Cr Hughes, Cr Mawhinney (alternate)

Country Mayor’s Association

Mayor – Cr Britten

Local Government NSW (voting delegates)

Cr Britten, Cr McBain and Cr Seckold as resolved 22 July 2015

Mumbulla Foundation

Cr Taylor

NSW Public Library Association

Cr Mawhinney

Sapphire Coast Tourism Limited Board

Cr Tapscott

South East Arts

Cr Mawhinney

South East Australian Transport Strategy (SEATS)

Cr Fitzpatrick

South East Joint Organisation of Councils (if/when constituted)

N/A at this time, to be implemented as resolved by the new Local Government ACT

South East Region of Councils (SEROC)

Resolved not to join as Council supports recommendation in Fit for the Future reform package, group has moved to become Canberra Joint Region. Council will await outcome of local government review and is developing an MOU with Eurobodalla Council

South East Regional Academy of Sport

Cr Seckold

Southern Councils Group

Group was wound Up 30/6/15

Southern Joint Regional Planning Panel

Cr Taylor, McBain,

Alternate:  Cr Fitzpatrick and Britten

3.    That the Councillor/s nominated as Committee Chairs, be the Council’s delegate to relevant Reference Panels as outlined in the attached Committee and Panel Structure:

4.    That all the Committees and Organisations listed, be advised of the appointed delegates and that they be requested to forward notice of meetings and the like, directly to the Council appointed delegates

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

Against:            Nil

Absent:              Crs Taylor and Allen

 

12.3

Gift Register - September 2014 to August 2015

210/15

RESOLVED on the motion of Crs McBain and Tapscott

That Council note the Gift Register activities since September 2014.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

12.4

Councillor Development Program

211/15

RESOLVED on the motion of Crs Seckold and Tapscott

1.         That Council note the Councillors’ Development Program for 2015/16.

3.         That Council agree the number of Delegates to represent Council at the nominated conference/s as follows:

Date

Program

Attendees

7 October 2015

Women in Local Government NSW Leadership Summit

1 Councillor name to be confirmed

11-13 October 2015

Local Government NSW Conference

Crs Britten, McBain & Seckold

General Manager delegate

17-19 November 2015

Australian Public Sector Anti-Corruption Conference (Brisbane)

Cr Mawhinney

 

March 2016

LG Government NSW Tourism Conference (venue not yet determined)

Cr Tapscott

 

March 2016

Australian Local Government Women’s Association (Gunnedah)

Cr Seckold

 

May 2016

Australian Coastal Council's Conference, Perth

Cr Britten as a NSW delegate

June 2016

Australian Local Government Association National General Assembly (Canberra)

Crs Britten and Tapscott and McBain

August/

September 2016

NSW Water Conference (to be determined)

To be determined when conference agenda, dates & venue announced.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

12.5

Delegations Register - Part 1

212/15

RESOLVED on the motion of Crs Britten and Seckold

That Council adopt the current version of Part 1 of the Delegations Register.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

12.6

Applications for Financial Assistance: Section 356
First Quarter 2015/2016

 

RESOLVED on the motion of Cr Britten and Fitzpatrick

That Council accept the recommendations as outlined in the confidential memorandum, with amendment to amounts for the Eden Whale Festival to be $5,000 and Merimbula Tourism $15,000

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

Against:                  Cr Hughes

Absent:                    Crs Taylor and Allen

213/15

RESOLVED on the motion of Crs Britten and Fitzpatrick

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

 

Name

Funding

1

 Eden Whale Festival

$5,000                      & in-kind $   460

2

Merimbula Tourism

$15,000                   & in-kind $   550

3

Eden Chamber of Commerce

$5,000

4

Bega Show jumping Club

$1,000

5

Merimbula Gift

$1,000

6

Friends of the Bega Hospital

$1,000                      & in-kind $   650

 

TOTAL

$  28,000.00         & in-kind $    1,660.00

$  29,660.00

2.    That all successful applicants be advised accordingly.

3.    That all unsuccessful applicants be contacted and provided feedback on their application.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

12.7

Joint Organisations and update drafting an MoU with Eurobodalla Shire Council

214/15

RESOLVED on the motion of Crs Britten and Tapscott

1.         That Council note the report on the next stage of developing an alliance with Eurobodalla Shire Council.

2.         That Council endorse the Mayor and General Manager and other Councillors as required, to form the Bega Valley Shire nominees to the working party to develop a draft for consideration.

3.         That Council endorse the draft submission to the Office of Local Government on the Joint Organisations Emerging Directions Paper.

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

Against:                  Cr Hughes

Absent:                    Crs Taylor and Allen

 

12.8

Review of South East Regional Academy of Sport (SERAS) Structure and Constitution

215/15

RESOLVED on the motion of Crs Britten and Fitzpatrick

A motion was moved by Cr Britten and Fitzpatrick

1.         That Council in its role as a member of South East Regional Academy of Sport (SERAS)

           Advise NSW Department of Sport and Recreation of the councils' proposed way forward at the earliest opportunity once all eight Mayors agree.

           Address the Department's concerns by remodelling the Constitution to more clearly define objectives and membership (including LGAs and other members from time to time who meet membership criteria).

           Define the composition of the directors of the Board and their eligibility requirements.

           Make provision for the ability of the organisation to co-opt from member councils staff skills from time to time to assist the board in governance, risk, accounting and legal issues.

           Submit the remodelled Constitution to the department for approval by December 2015 to be in operation for 1 January 2016.

2.         That Council address the funding needed for long term sustainability, and further consider realigning its sporting body boundary with future Joint Organisation boundaries, noting in the short term Goulburn has offered to assist the Executive Officer and a meeting with both parties is scheduled shortly.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

13.  Staff Reports – Finance (Leading Organisation)

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

13.1

Referral of 2015 Financial Statements to Audit

216/15

RESOLVED on the motion of Crs McBain and Mawhinney

1.    That Council resolve that The Council’s general purpose financial report is prepared in accordance with:

a)       The Local Government Act 1993 (as amended) and the Regulations made there under; and

b)       The Australian Accounting Standards and professional pronouncements; and

c)       The Local Government Code of Accounting Practice and Financial Reporting; and

d)       Presenting fairly the Council’s operating result and financial position for the year; and

e)       According with Council’s accounting and other records.

2.    The Council’s Special Purpose Financial Reports are prepared in accordance with:

a)       NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b)       Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c)       The Local Government Code of Accounting Practice and Financial Reporting; and

d)       The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e)       Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f)          According with Council’s accounting and other records.

3.      That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way, and include such information in the statement.

4.      That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5.      That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

13.2

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

217/15

RESOLVED on the motion of Crs Mawhinney and McBain

1.         That Council receive and note the attached report indicating Council’s Investment position.

2.         That Council note the Certificate of the Responsible Accounting Officer.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

3.18 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

218/15

RESOLVED on the motion of Crs Mawhinney and Tapscott

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, excluding Item 11.3

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

11.3  Pambula Merimbula Golf Club - Effluent Reuse

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Council approve the provision of $150,000 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 NSW 2015/16 Club Grants Category 3 subsidy funding of $500,000.

In favour:             Crs Britten, McBain, Tapscott and Mawhinney

Against:                  Crs Hughes, Seckold and Fitzpatrick

Absent:                    Crs Taylor and Allen

15.      Delegates Reports

15.1

Cr Seckold: South East Regional Academy of Sport (SERAS) Report on Board Meeting 17 August 2015

 

Cr Seckold’s report that appeared in the Agenda for the meeting of 23 September 2015 was noted.

 

15.2      Cr Mawhinney South East Arts Board Meeting

Cr Mawhinney advised she had attend the South East Arts (SEA) SEA Board meeting, where policy and constitution updates were dealt with.  A full report will be provided separately to Council

16.      Rescission/alteration Motions

There were no rescission motions.

17.      Notices of Motion

17.1

Australian General Practice (GP) Training Program

219/15

RESOLVED on the motion of Crs Tapscott and Mawhinney

Notice of Motion

That Council write urgently to the Minister for Health and the Minister for Education appealing for them to reconsider the boundaries for the Australian General Practice training program.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

18.  Urgent Business

There was no urgent business.

19.      Questions On Notice

19.1

Response to Question on Notice - Information regarding assessment times for Development Applications - Cr Fitzpatrick

 

The response to the question on notice provided in the Agenda of the meeting 23 September 201The response to the question on notice provided in the Agenda of the meeting 23 September 2015 was noted.

 

19.2

Response to Question on Notice - Merimbula Library: Cr Fitzpatrick

 

The response to the question on notice provided in the Agenda of the meeting 23 September 201The response to the question on notice provided in the Agenda of the meeting 23 September 2015 was noted.

 

19.3

Response to Question on Notice - Evans Park, Kalaru update: Cr McBain

 

The response to the question on notice provided in the Agenda of the meeting 23 September 201The response to the question on notice provided in the Agenda of the meeting 23 September 2015 was noted.

20.  Questions for the Next Meeting

20.1

Bega Valley Bike Plan

 

Cr Liz Seckold asked could Council provide a range of costings for the provision of an off-road bike path, as per the Bega Valley Bike Plan 2014, for the sections from Tathra to Kalaru and from Kalaru to Bega.

The question was taken on notice by the Group Manager Transport and Utilities.

 

21         Items of Interest Relating to Council Business

Cr Seckold reported on the following items of interest to Council that she attended:

“Yoof Tube” - at the Picture Showman, Merimbula where a large number of productions of excellent quality, made by young people in the Bega Valley and surrounding shires were shown.

South Coast Field Day – featuring guest speakers Indira Naidoo and Costa, a highlight being the sustainable land use and living stalls and handmade fashion parade.

Year 12 Presentations at Bega High School – graduation of a close knit, hardworking group of students.

Suicide Prevention Action Network –  welcome to Toby Schaefer-Darling, newly appointed Council Place Based Officer to the Group. SPAN also attended the Sapphire Coast Health and Wellbeing Expo at Oaklands.

Park Run Bega -  launched its inaugural run on 12 September, drawing a large crowd of runners.

Beryl Schaefer Funeral – a huge group of people crowded into the Catholic Church, Cobargo to honour the life of former Councillor Beryl Schaefer, with the eulogy read by former Deputy Mayor, Jeanette Neilson.

Cr McBain – reported on the following items of interest to Council:

Merimbula Round-a-bout – Congratulations to Bega Valley Shire Council on the completion of the roundabout in Merimbula (Merimbula Drive and Sapphire Coast Drive) greatly improving the safety and ease of access for residents and visitors.

Friends of Old Bega Hospital – This group his holding a fundraiser on 25 October. They have secured a $500,000 funding commitment from the Federal Government.  The Old Bega Hospital Site is currently used by a range of artists including weavers, spinners, potters as well as Edge FM and the Men’s Shed.

Cr Tapscott reported on the following items of interest to Council that she attended:

Roadshow for wheelchair basketball - Representing the Access Committee noting the event was very well attended and the Access Committee were pleased with the extension of their role for this and similar activities.

Eden Access (Technology) Committee – Annual General Meeting, noting John Blay, author of “On Track” (Bundian Way) was a very interesting guest speaker.

Cr Britten reported on the following items of interest to Council:

Visit from Mayor of Littleton Colarodo  - – Cr Cernanec, Mayor of Bega’s sister city in Littleton will be in Australia in October and plans a brief visit to the Bega Valley area.  Mayor Britten will host a morning tea on Monday 26th, with invitations extended to the Bega Littleton Citizens Exchange Group.  Further information will be provided to Councillors as arrangements are confirmed.

22.  Confidential Business

 

Adjournment Into Closed Session

220/15

RESOLVED on the motion of Crs Mawhinney and McBain

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

22.1    Declassification of Closed Session Reports regarding acquisition of Lots 21 and 22 DP 1070789 (12-14 Cabarita Place, Merimbula)

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) the report contains personnel matters concerning particular individuals.

22.2    General Manager Annual Performance Review for period ending 30 June 2015

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.

22.3    Bega Lands update

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

3.46 pm      The General Manager and Group Manager’s Planning and Environment, Community Relations and Leisure and Transport and Utilities returned to the meeting room.

23.  Adoption of reports from Closed Session

23.1

Declassification of Closed Session Reports regarding acquisition of Lots 21 and 22 DP 1070789 (12-14 Cabarita Place, Merimbula)

 

RESOLVED on the motion of Crs Mawhinney and Seckold

That Council declassify the reports and resolutions in relation to the acquisition of note: Lots 21 and 22 DP 1070789 (12-14 Cabarita Place, Merimbula), from the Closed Session meetings of 12 November 2014 and 18 March 2015.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

23.2

General Manager Annual Performance Review for period ending 30 June 2015

 

RESOLVED on the motion of Crs McBain and Mawhinney

1.    That Council endorse the review of the General Manager’s Performance Agreement (for Leanne Barnes) for the period 1 July 2014 to 30 June 2015.

2.         That the next six monthly review meeting be held in February 2016 chaired by the Mayor and the annual review in July 2015 facilitated by the external consultant.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

23.3

Bega Lands Update

 

RESOLVED on the motion Cr Mawhinney and Seckold

That Council note report and recommendations from the Closed Session.

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

Against:                  Nil

Absent:                    Crs Taylor and Allen

 

 

24.  Resolutions to declassify reports considered in closed session

24.4

Declassification of Closed Session Reports regarding acquisition of Lots 21 and 22 DP 1070789 (12-14 Cabarita Place, Merimbula)

 

Council noted the recommendation from the Closed Session – the appropriate reports will be published on Council’s website.

 

Closure

There being no further business, the Chairperson closed the meeting at 3.49 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 23 September 2015.