DRAFT Ordinary Meeting Minutes

Held on Wednesday 4 November 2015

At Council Chambers, Bega Commencing at 2.00 pm

 


 Present

Cr Michael Britten, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Russell Fitzpatrick

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Sharon Tapscott

Cr Bill Taylor

 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

Executive Manager Organisational Development and Governance, Ms Nina Churchward

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.

Apologies

 

There were no apologies.

 

2.

Confirmation of Minutes

246/15

RESOLVED on the motion of Crs Seckold and Mawhinney

That the Minutes of the Ordinary Meeting held on 14 October 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

 

3.    Declarations

Pecuniary Interest

Cr Britten declared a pecuniary interest regarding Item  8.1 , Alterations and additions to an existing guest house on the basis that he is a Director of the company involved.  A signed declaration form was tabled by Cr Britten for inclusion in the Register, noting Cr Britten would depart the meeting room, taking no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

 

Suspension of Standing Orders

247/15

RESOLVED on the motion of Crs Mawhinney and Seckold

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

8.2. DA No. 2015.324: Construction of self-storage units - 1-5 Old Wallagoot Road, Kalaru  

·         Mr Sean McCambridge, on behalf of residents of Kalaru (authority supplied).

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

Against:                  Nil

RESOLVED on the motion of Crs Fitzpatrick and Mawhinney

That an extension of time of two minutes be granted to Mr McCambridge to complete his address.

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

Against:                  Nil

Mr McCambridge addressed the Council and responded to questions from Councillors.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

 

7.

Adjournment into Standing Committees

248/15

RESOLVED on the motion of Crs Mawhinney and Seckold

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, Allen and Fitzpatrick

Against:                  Nil

2.11 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 Taylor assumed the chair for this section of the agenda.

8.1

Alterations and additions to an existing guest house

 

Pecuniary Interest

Cr Britten declared a pecuniary interest regarding Item  8.1 , Alterations and additions to an existing guest house on the basis that he is a Director of the company involved.  A signed declaration form was tabled by Cr Britten for inclusion in the Register, noting Cr Britten would depart the meeting room, taking no part in debate or voting on this item.

02:12 pm       Cr Britten left the meeting.

249/15

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That Development Application No. 2015.366 for the construction of alterations and additions to a guest house (kitchen) at Lot 1882 DP 1014185, Merimbula Drive, Merimbula be approved subject to conditions as outlined in the draft consent attached to this report.

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

Against:                  Nil

Absent:                    Cr Britten

02:13 pm       Cr Britten returned to the meeting.

 

8.2

Construction of self storage units - 1-5 Old Wallagoot Road, Kalaru

 

The Chair asked if any new matters had been raised that required further deferment of the report.  The Group Manager Planning and Environment advised that in his opinion no new matters had been raised.

RESOLVED on the motion of Crs Britten and Mawhinney

That the matter be dealt with today.

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

Against:                  Nil

A motion was moved by Crs Britten and Taylor

1.         That Development Application No. 2015.324 for the construction of self-storage units at Lot 4 DP 775530, 1-5 Old Wallagoot Road, Kalaru be approved, with the following amendments:

·           The hours of opening in the evening be limited to:

o   Daylight saving time 6.00 am to 8.00 pm,

o   Non-daylight saving time 6.00 am to 6.00 pm.

·           An addition to Condition  4:  that attention shall be paid to the use of vegetation for visual protection with neighbouring properties.

2.         That those persons who made a submission be advised of Council’s decision.

A motion was foreshadowed by Cr McBain

That the Development Application be refused based on the reasons outlined on page 20 of the report to Council

The motion was put to the vote and it was CARRIED.

250/15

RESOLVED on the motion of Crs Britten and Taylor

1.         That Development Application No. 2015.324 for the construction of self-storage units at Lot 4 DP 775530, 1-5 Old Wallagoot Road, Kalaru be approved, with the following amendments:

·           The hours of opening in the evening be limited to:

o   Daylight saving time 6.00 am to 8.00 pm,

o   Non-daylight saving time 6.00 am to 6.00 pm.

·           An addition to Condition  4:  that attention shall be paid to the use of vegetation for visual protection with neighbouring properties.

2.         That those persons who made a submission be advised of Council’s decision.

In favour:             Crs Taylor, Britten, Tapscott, Allen and Fitzpatrick

Against:                  Crs McBain, Hughes, Seckold and Mawhinney

 

8.3

Revocation of Menacing Dog Order

251/15

RESOLVED on the motion of Crs Fitzpatrick and Britten

1.      That the Menacing Dog Declaration applying to Ms Belinda Cooper’s dog “Miri” (microchip no. 900164000145287) be revoked pursuant to Section 39 of the Companion Animals Act 1998.

2.      That the Chief Executive of the Division of Local Government and Ms Cooper be advised of Council’s decision.

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

Against:                  Nil

 

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

There were no Community, Culture and Leisure reports

 

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

There were no Economic Development and Business Growth reports.

 

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

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

11.1

Bega Valley Local Traffic Committee 7 October

252/15

RESOLVED on the motion of Crs Allen and Seckold

That Council note the advice of the Bega Valley Local Traffic Committee Meeting held on 7 October 2015 and approve the following;

Temporary Closure of Imlay Street, Eden – Eden Retail promotion 17 December 2015

1.      That, subject to conditions, Imlay Street, Eden is temporarily closed between the intersection of Bass Street and Chandos Street from 4:30pm – 9:00pm  on Thursday 17 December 2015 for the Eden Christmas Promotion

2.      That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce Retail Promotion on Thursday 17 December 2015, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4.      That organisers fully implement an approved Special Event Transport Management Plan

5.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

6.      That organisers have written Police approval prior to conducting the event.

7.      That the event achieves all conditions of Council’s issued Land Use approval.

Installation of Give Way signs and line marking, Merimbula Drive Roundabout

1.      Council approve the installation of Give Way signs and lines on the western leg of the Merimbula Drive roundabout exit lane from Reid Street.

Installation of 2 hour time restricted parking, Palmer Street, Merimbula

1.      Council approve the installation of 2 hour time restricted parking (8:30am – 6:00pm Monday to Friday and 8:30am – 12:30pm Saturday) in the soon to be completed car park of Park Street Merimbula.

Tathra Wharf to Waves Bike Ride – 17 January 2016

1.      That, subject to conditions, the on-road components of the Tathra Wharf to Waves Bike Ride on Saturday 17 January 2016 be approved.

2.      That the proposed traffic arrangements for the Wharf to Waves Bike Ride on Saturday 17 January 2016 be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with RMS Traffic Control Manual.

3.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4.      That organisers fully implement an approved Special Event Transport Management Plan.

5.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime by name for the event.

6.      That the organisers advertise the change to traffic conditions for the event.

7.      That local emergency services and transport operators be notified prior to the event.

Installation of various parking restrictions at the Merimbula Airport

1.   Council approve the installation of 2 hour parking zone on the eastern side of the airport car parking commencing at the northern edge of the marked accessible parking (9.5 metres from the entrance) then for a distance of 56.4 metres to the north, and on the western side of the airport car park commencing 2.3 metres from the edge of the existing terminal building northerly for the distance of 35 metres.

2.   Council approve the installation of a No Stopping zone commencing at a point of 37.3 metres north of the Merimbula airport terminal building for a length of 62 metres on both the eastern and western side of the access driveway to the overflow car park.

3.   Council approve the installation of No Parking signs adjacent to the Merimbula airport building for a length of 26 metres.

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

Against:                  Nil

 

11.2

Acquisition for road widening - Main Road 91 - Pambula to Wyndham

253/15

RESOLVED on the motion of Crs Taylor and Britten

1.         That Council approve the acquisition of the following parcels of land for public road under the provision of Section 30 of the Land Acquisition (Just Terms Compensation) Act 1991 for the purpose of the Roads Act 1993:

             Acquisition under DP 1114462:

·      Lots 50 and 52 held by J.  and S. Clyne;

·      Lots 47, 48, 49, 51, 53, 54, 55, 56 and 57 held by the State of NSW and dedicated as State Forest.

             Acquisition under DP 1109104:

·      Lots 1, 10, 11, 12, 13, 14, 15, 16 and 17 held by The State of NSW;

·      Lots 2 & 3 held by N. Umback;

·      Lot 4 held by G. and J. Halloran;

·      Lots 5 & 6 held by J. Pocock;

·      Lot 7 held by G. Dein and R. Bennett;

·      Lot 9 held by P. and R. Macfarlane;

·      Lots 8, 18, 19, 20, 21, 22, 23, 25, 26 and 46 held by The State of NSW and dedicated as State Forest.

2.         That Council seek the Minister's and Governor’s approval to publish the compulsory acquisition notice in the Government Gazette.

3.         That Council enter into a formal Deed of Agreement with N. Umback for the acquisition of Lot 2 DP 1109104 at Wyndham for the purpose of road widening, in accordance with the Roads Act 1993 for a compensation amount of $181.23.

4.         That Council formally write to the NSW Treasurer and The Hon. Andrew Constance, MP in his capacity as Member for Bega and Minister for Transport and Infrastructure seeking a waiver of compensation for the acquisition of land held by The State of NSW.

5.         That the Mayor and/or General Manager be delegated authority to execute the necessary documents as required.

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

Against:                  Nil

 

11.3

Water Trunk Mains Cleaning Services

254/15

RESOLVED on the motion of Crs Britten and Taylor

1.         That Suez Pty Ltd be directly awarded the trunk water main cleaning contract for the part sum of $135,000 (incl. GST) to complement the $150,000 sum (incl. GST) already approved under the General Manager delegation for a total expenditure of $285,000 (incl. GST).

2.         That the contract be directly awarded on the basis that a competitive alternative is unavailable as Suez Pty Ltd are the sole providers of “ice pigging” technology in Australia.

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

Against:                  Nil

 

11.4

Drinking Water Fluoridation

255/15

RESOLVED on the motion of Crs Mawhinney and Taylor

1.      That Council, with support from NSW Health, commence a broad based community information program regarding fluoridation of drinking water.

2.      That a staff report be submitted to Council regarding introduction of fluoridation in early 2016.

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

Against:                  Nil

 

11.5

Central Waste Facility Community Consultation Committee

256/15

RESOLVED on the motion of Crs McBain and Tapscott

1.      That Council offer reappointment to the existing community membership for a further 4 meetings. Should a community member decline the offer, Council will advertise for expressions of interest from the local community.

2.      That further development of the site (outside existing approved uses) will not be pursued for the remainder of the current elected Council term.

3.      That a Section 88B instrument be created with the objective of further protecting the woodland area of the site.

4.      That public recreational use of the woodland area is not pursued at this time, and measures are taken to warn against unauthorised access to the land.

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

Against:                  Nil

 

11.6

RFT 53/15 Supply of Traffic Management Services

 

RESOLVED on the motion of Cr Britten and McBain

That Council accept the recommendations as outlined in the Confidential attachment

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

Against:                  Nil

257/15

RESOLVED on the motion of Crs Britten and Seckold

1.      That Council accept the tender from  Platinum Traffic Services Pty  in relation to contract for the works described in Tender RFT 53/15 Traffic Management Services, based on the tendered schedule of rates.   

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

3.      That other tenderers be advised of Council’s decision.

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

Against:                  Nil

 

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

Fit for the Future: next stage

258/15

RESOLVED on the motion of Crs Britten and Taylor

1.         That Council note the IPART assessment of the Council Improvement Proposal as Fit.

2          That an Extraordinary Meeting be held on 16 November, 2015 at 2.00 pm to make the final decision to any potential merger options or additional comments to be lodged with the Department of Premier and Cabinet by 18 November 2015.

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

Against:                  Crs Hughes and Fitzpatrick

 

12.2

Classification of land recently acquired by Council

259/15

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.         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 Merimbula and North Bega, with no submissions received.

2.       That Council resolve to classify Lot 210 DP 1181811 at Merimbula and Lot 31 DP 1209807 at North Bega as operational land under Section 31 of the Local Government Act 1993.

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

Against:                  Nil

 

 

12.3

Pecuniary Interest Returns - 1 July 2014 to 30 June 2015

260/15

RESOLVED on the motion of Crs Britten and Seckold

That Council note the report on Lodgement of Pecuniary Interest Returns period ending 30 June 2015 and the positions required to submit returns for the period ending 30 June 2016

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

Against:                  Nil

 

13.  Staff Reports – Finance (Leading Organisation)

There were no Finance reports.

2.58 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

261/15

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, Allen and Fitzpatrick

Against:                  Nil

15.      Delegates Reports

There were no delegates reports

16.      Rescission/alteration Motions

There were no rescission motions.

17.      Notices of Motion

17.1

Support for a referendum to recognise the indigenous people as the first inhabitants of our land

262/15

RESOLVED on the motion of Cr McBain  and Seckold

That Council write to the Prime Minister, Mr Malcolm Turnbull and our local Federal Member of Parliament, Dr Peter Hendy, confirming Council's support for the Aboriginal and Torres Strait Islander Peoples Recognition Act 2013 to review and implement the recognition of Aboriginal and Torres Strait Islander people in the Australian Constitution.

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

Against:                  Nil

 

17.2

Evans Park, Kalaru - entrance and signage

263/15

RESOLVED on the motion of Crs McBain and Allen

1.    That the Notice of Motion below be deferred.:

1.    That Council determine where the best entrance is for the public and formalise the entrance to allow better traffic movement and to signify that Evans Park is open to the public.

2.    That Council erect signage at the entrance of Evans Park so that the public is aware it is an open recreational space available for use.

2.    That a report be provided to Councillors on the ability to add Evans Park, Kalaru to the Asset Management Plan and to identify funding for signage and formalised entrance to Evans Park and the ability to add community facilities to the site.

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

Against:                  Nil

 

18.  Urgent Business

There was no urgent business.

19.      Questions On Notice

There were no responses to Questions on Notice

20.  Questions for the Next Meeting

There were no questions for the next meeting.

21   Items of Interest Relating to Council Business

Cr Seckold reported on the her attendance at:

·         Bega/Tathra Safe cycleway meeting on 19 October, 2015 – as a community member.

·         The CWA Far South Coast Group 84th annual Group Conference – 20 October, 2015, which she launched on behalf of the Mayor

·         Mental Health Month activities including:

o     Big Draw in the Mall – 23 October, 2015

o     Sapphire Coast Producers Association Markets – 23 October 2015

o     Walk with Us – 28 October

·         The Old Bega Hospital Raise the Roof Fundraiser – 25 October, 2015

·         Morning tea to welcome the Mayor of Littleton Colorado – 26 October 2015

·         Mumbulla Gala Ball Fundraiser – 31 October, 2015

Cr Seckold passed on her thanks to a wide range of people involved in the “Walk With Us”, in particular:  Emma Benton; Dr Mike Kelly; Iain Dawson; Bega Valley Shire Council and the General Manger, Leanne Barnes; Mumbulla Foundation; Club Grants; Richmond PRA; Ability Links; Bega Police; Salvation Army; Excell Printing; the Hoops; Edge FM; Design Post; Glenn Cotter and the Rotters.

22.  Confidential Business

There was no confidential business.

23.  Adoption of reports from Closed Session

There were no closed session reports.

24.  Resolutions to declassify reports considered in closed session

There were no reports declassified.

Closure

There being no further business, the Chairperson closed the meeting at 3.11 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 4 November 2015.