Ordinary Meeting Minutes

Held on Wednesday 25 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.

Statement by the Mayor – White Ribbon Day

Today is White Ribbon Day.  In society today it is apparent violence is increasing and affects all of its members: men, women and children.  White Ribbon Day is a day to speak up about the increasing violence in society by men against women and is a national, male led campaign to raise awareness in Australia.

The campaign offers preventative initiatives and provides programs for men at workplaces, in the community or at home.  White Ribbon Day begins 16 days of activism to stop violence against women leading into human rights day on the 10th of December.

Please show your support by wearing a white ribbon.  It's time to stop the violence.

1.

Apologies

 

There were no apologies. 

It was noted that Cr McBain had advised she would attend the meeting and would arrive shortly.

2.

Confirmation of Minutes

249/15

RESOLVED on the motion of Crs Taylor and Tapscott

That the Minutes of the Ordinary Meeting held on 4 November 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Cr McBain

 

A motion was moved by Crs Tapscott and Seckold

That the Minutes the Extraordinary Meeting held on 16 November 2015 as circulated, be taken as read and confirmed.

Statements by Councillors

Cr Tapscott read a statement regarding the decision made by Council at the Extraordinary Meeting held on 16 November, 2015.

Cr Taylor also read a statement.

Cr Britten spoke on the process that lead to the resolution of Council at the Extraordinary Meeting on 16 November, 2015.

250/15

RESOLVED on the motion of Crs Tapscott and Seckold

That the Minutes the Extraordinary Meeting held on 16 November 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Abstained:             Cr Hughes

Absent:                    Cr McBain

 

 

3.    Declarations

Non-Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 12.1  Applications for Financial Assistance: Section 356 Second Quarter 2015/2016 on the basis that he is the President of the Pambula AP&H Society.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting Cr Fitzpatrick would depart the meeting room, taking no part in debate or voting on this item.

Cr Allen declared a non-pecuniary interest regarding Item 12.1  Applications for Financial Assistance: Section 356 Second Quarter 2015/2016on the basis that he is the a member of the Cobargo Showgrounds Trust.  A signed declaration form was tabled by Cr Allen for inclusion in the Register, noting Cr Allen would  depart the meeting room, taking no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

 

Suspension of Standing Orders

251/15

RESOLVED on the motion of  Seckold and Mawhinney

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

8.2. DA No. 2013.373: 33 lot subdivision - Tathra River Estate, Thompson Drive, Tathra  

·         Mr Craig Hamilton, on behalf of Tathra River Estate Owners and Residents Association (authority yet to be supplied)

Item 9.1.  Council Lifeguard Program  

·         Mr Rob White, on behalf of Tathra Chamber of Commerce (authority to be supplied)

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

Against:                  Nil

Absent:                     Cr McBain

02:10 pm       Cr McBain arrived at the meeting.

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

RESOLVED on the motion of Crs Fitzpatrick and Seckold that Mr Hamilton be granted an extension of two minutes to complete his address.

2.17 pm         Cr Mawhinney requested a leave of absence due to illness and departed the meeting room.

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

RESOLVED on the motion of Crs Fitzpatrick and Allen that Mr White be granted an extension of two minutes to complete his address.

The Mayor thanked the those persons who addressed Council.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

7.

Adjournment into Standing Committees

252/15

RESOLVED on the motion of Crs McBain 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, Tapscott, Seckold, Allen and Fitzpatrick

Against:                  Cr Hughes

ABSENT:                     Cr Mawhinney

2.26 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

Finalisation of Amendment to Local Environmental Plan 2013: Lot 311 DP 1035434 Bermagui Cobargo Road, Cobargo

253/15

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.         That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 subject to the minor alterations contained in Figure 3 of this report.

2.         That, using the delegations issued by the Minister for Planning and Infrastructure, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3.         That all those persons who have made submissions be advised of the above.

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

Against:                  Cr Hughes

ABSENT:                    Cr Mawhinney

 

8.2

33 lot subdivision - Tathra River Estate, Thompson Drive, Tathra

 

The chairperson asked if any matters had been raised in the address to Council that required a further report.

The Group Manager, Planning and Environment responded noting the generally favourable address and the issues raised regarding fire trails. He advised that the development application included a bushfire risk assessment report which was formally referred to the Rural Fire Service (RFS). In response the RFS had provided its general terms of approval incorporating requirements for asset protection zones, restrictions on title, provision of suitable water infrastructure and utilities, and access. Staff have incorporated those requirements in the proposed  conditions of consent.

RESOLVED on the motion of Crs Fitzpatrick and  Seckold the matter be dealt with today.

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

254/15

RESOLVED on the motion of Crs Britten and Seckold

1.         That Development Application 2013.373 for a 33 lot subdivision at Lot 2 DP 582074 Thompson Drive, Tathra be approved subject to conditions as provided as Attachment 1 to this report.

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

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

Against:                  Cr Hughes

ABSENT:                    Cr Mawhinney

 

8.3

Finalisation of Amendment to Local Environmental Plan 2013: Minor Amendments No.3

255/15

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.         That Council resolve to adopt the amendments to Bega Valley Local Environmental Plan 2013 as exhibited in the Planning Proposal: Minor Amendments No. 3.

2.         That, using the delegations issued by the Minister for Planning and Environment, Council proceeds to finalise the plan under section 59(2) of the Environmental Planning and Assessment Act 1979.

3.         That all those persons who have made submissions be advised of the above.

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

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

Council Lifeguard Program

 

The Chairperson asked if any matters had been raised in the address to Council that required a further report to Council.

The Group Manager Community Relations and Leisure responded that, the Australian Life Saving report had considered the extension of services for Tathra Beach and that in his opinion the matter relating to this year’s lifeguard services could be heard today.

RESOLVED Cr Taylor and Seckold that the matter be heard today.

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

256/15

RESOLVED on the motion of Crs Fitzpatrick and McBain

1.         That Council note the report.

2.         That Council’s lifeguard program be extended in 2015/16 within current Special Rate Variation funding to:

a)    Increase the lifeguarding at Bar Beach in Merimbula (Australian Life Saving Services : recommendation 1) to the value of $11,590 and

b)    Partial increase coverage of the summer school holiday days not currently patrolled (Australian Life Saving Services recommendation 2) to the value of $14,805.

3.         That future increases in funds, raised through the Lifeguard Program Special Rate Variation, be utilised to increase lifeguarding coverage as outlined in this report.

4.         That Council continue to support organisations and groups to sponsor extensions to lifeguard services via existing contract arrangements.

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

9.2

Sports Facility Master Plans - Drafts For Public Exhibition

257/15

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That Council endorse the draft Regional Sporting Facility Master Plans for Bega Sports Complex and Pambula Sporting Complex for a public exhibition period of at least 28 days including a community workshop and information session for each site.

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

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

Update on status of proposed Economic Summit

258/15

RESOLVED on the motion of Crs Britten and Taylor

That Council note the current status and proposal for holding the 2016 Economic Summit in May 2016 they key areas to be covered include:

1.         Strategic transport infrastructure needs and opportunities e.g.: Twofold Bay/Eden Port, freight routes, and improved air services.

2.         Technology and the benefits of attracting and supporting start-ups and innovators and nurturing a community of such (technology hub).

3.         Supply chain challenges and gaps and how they can be addressed to benefit regional producers and connect them with distributors and retailers.

4.         Skills training and education opportunities – the relationship to jobs creation, talent retention, economic growth and the direct correlation to meaningful employment.

5.         Communication and marketing skill and opportunities for business within the Shire and outside the Shire.

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

Against:                  Nil

ABSENT:                     Cr Mawhinney

 

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

Acquisition of Easement over private land for stormwater drainage at Wolumla    

259/15

RESOLVED on the motion of Crs Allen and Tapscott

1.         That the report and attachments be received and noted.

2.         That Council enter into a formal Deed of Agreement with A.W. and S.J. James; W.O. and J.A. Elliot; and B.J. Coleman for the acquisition of an easement through their land, being Lots 11, 12, 14 and 15 Section 2 DP 997 at Wolumla for the purpose of a Stormwater Drainage Line 4 – 5 metres wide, in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 for nil consideration as per valuation.

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

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

11.2

Bega Valley Local Traffic Committee 4 November 2015

260/15

RESOLVED on the motion of Crs Seckold and Tapscott

That the Council endorse the recommendations of the Traffic Committee as outline below:

Quaama Public School P&C Annual Walkathon – 1 April 2016

1.         That the Quaama Public School P&C Annual Walkathon along Warrigal Range Road, Brogo on 1 April 2016 be approved and deemed a Class 2 Special Event

Southern Women’s Group – Light for Lives – 3 December 2015

1.         That participants undertake the procession along Carp Street footpaths via the pedestrian crossing at the intersection of Auckland and Carp Street observing the traffic signals, then progress along the northern side of Carp Street to the Driver Reviver carpark at the intersection of Carp Street and Poplar Avenue then crossing Poplar Avenue to Kisses Lagoon.

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

3.         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.

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

Temporary Closure of Carp Street, Bega – Bega Retail Promotion – 17 December 2015

1.         That, subject to conditions Carp Street, Bega be temporarily closed between the intersections of Auckland Street and Gipps Street for the Bega Chamber of Commerce Retail Promotion between 3:30pm and 9:30pm on Thursday 17             December 2015.

2.         That the proposed traffic arrangements involving the temporary closure of Carp Street, Bega for the Bega 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 fully 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.

Request for a No Stopping zone – Eastern Side – Princess Highway, Pambula

1.         Council approve the extension of the existing No Stopping zone commencing at the intersection of Oregon and Quondola Street, terminating at the northern end of the on street angled parking, being a total distance of 110 metres.

Temporary Closure of Gipps Street, Bega for Bega Volunteer Rescue Association – 14 November 2015

1.         That subject to conditions part of Gipps Street Bega be temporarily closed between the access driveway and existing driveway to Council’s Gipps Street carpark for the Bega Volunteer Rescue Association between 10am and 5pm on Saturday 14 November 2015

2.         That the proposed traffic arrangements involving the temporary closure of part of Gipps Street, Bega for the Bega Volunteer Rescue Association on Saturday 14 November 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 Service (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.         The organisers fully implement an approved Special Event Transport Management Plan.

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

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

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

11.3

Formalisation of road name: Silver Cliff Road, Millingandi

261/15

RESOLVED on the motion of Crs Tapscott and Seckold

1.         That Council approve the proposal to name the unnamed road located off Boggy Creek Road in Millingandi, as Silver Cliff Road.

2.         That Council advertise the proposed name in the local media inviting submissions to the proposal.

3.         That if no objections are received within the submission period, staff will proceed with the road naming proposal without subsequent referral to Council.

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

 

11.4

RFT 73/15 Construction Tender for Water and Sewer Mains Renewal/Upgrade Program

 

RESOLVED McBain and Taylor

Council accept the recommendations as outlined in the confidential attachment.

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

262/15

RESOLVED on the motion of Crs Allen and Taylor

1..        Council accept the tender submission from  RD Miller Pty Ltd  in relation to the construction for water mains renewal/upgrade programme as described in RFT 73/15, in the amount of $1,631,295 (including GST), subject to variations and provisional sum 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, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

11.5

RFT 72/15 Mogareeka Boat Ramp Upgrade Tender

 

RESOLVED on the motion of Cr Seckold and Taylor

That Council accept the recommendation as outlined in the confidential attachment.

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

Recommendation

1.         That Council accept the tender from  GPM Constructions Pty Ltd in relation to contract for the works described in Tender RFT 72/15, in the amount of $418,008.30 (including 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 tenderers be advised of Council’s decision.

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

Against:                  Cr Hughes

ABSENT:                    Cr Mawhinney

 

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

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

Non-Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 12.1  Applications for Financial Assistance: Section 356 Second Quarter 2015/2016on the basis that he is the President of the Pambula AP&H Society.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.  Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item.

Cr Allen declared a non-pecuniary interest regarding Item 12.1  Applications for Financial Assistance: Section 356 Second Quarter 2015/2016on the basis that he is the a member of the Cobargo Showgrounds Trust.  A signed declaration form was tabled by Cr Allen for inclusion in the Register.  Cr Allen departed the meeting room, taking no part in debate or voting on this item.

12.1

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

 

RESOLVED on the motion of Crs Taylor and Seckold

That Council accept recommendations as outlined in the Confidential memorandum to Councillors.

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

Against:                  Nil

absent:                    Crs Fitzpatrick, Allen and Mawhinney

263/15

RESOLVED on the motion of Crs Taylor and Seckold

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

 

Organisation

Cash Amount

In Kind Assistance

1

Atlas of Life in the Coastal Wilderness

$3,000.00

 

2

South East Arts

$3,500.00

$   184.00

3

Bermagui Seaside Fair

$  906.50

$2,000.00

4

Pambula Show

$5,000.00

 

5

Bega Chamber of Commerce

$2,000.00

 

6.

Cobargo Showground Trust

$2,570.00

 

 

Sub Totals

$16,976.50

$2,184.00

TOTAL

$19,160.50

 

 

2.    That all successful applicants be advised accordingly.

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

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

Against:                  Nil

absent:                    Crs Fitzpatrick, Allen and Mawhinney

 

3.15 pm        Crs Allen and Fitzpatrick returned to the meeting room

 

12.2

Southern Phone Company Pty Ltd - Grants Scheme

264/15

RESOLVED on the motion of Crs Tapscott and Seckold

1.      That Council note the Southern Phone Grants Scheme 2015 successful applicants

2.      That for 2015/16 the Mayor appoint the Executive Assistant Strategy and Business Services as the Grant Administrator

5.      That acquittals are provided back to Southern Phone in the required timeframe

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

12.3

2014 - 15 Annual Report

265/15

RESOLVED on the motion of Crs McBain and Seckold

That the 2014-15 Annual Report be endorsed for publishing on Council website, provision of hard copies to library branches and lodged with the NSW Office of Local Government.

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

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

Presentation of Audited Financial Statements for the year ended 30 June 2015

266/15

RESOLVED on the motion of Crs McBain and Tapscott

That Council accept the tabled audited 2015 Financial Statements.

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

Against:                  Nil

ABSENT:                     Cr Mawhinney

 

13.2

RFT 67/15 Cleaning of Bega Valley Shire Council Buildings Tender

 

RESOLVED on the motion of Crs Fitzpatrick and Seckold

That Council accept the recommendations as outlined in the Confidential attachment.

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

Against:                  Nil

ABSENT:                     Cr Mawhinney

267/15

RESOLVED on the motion of Crs Fitzpatrick and Britten

1.         Council accept the tender submission from CMC Property Services Pty Ltd in relation to RFT 67/15 Cleaning of Bega Valley Shire Council Buildings in the amount of $14,326.23 per month (including GST) subject to variations, provisional sums and prime cost items.

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

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

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

Against:                  Nil

ABSENT:                     Cr Mawhinney

 

13.3

Quarterly Budget Review Statement (QBRS) at 30 June 2015

268/15

RESOLVED on the motion of Crs McBain and Britten

1.         That Council adopt the Quarterly Budget Review Statement (QBRS) for June 2015 and the votes adjusted by those values as reported in the variance column

2.         That Council adopt the Reserve schedule for 2015. Council note the updated reserve balances will be incorporated into the September QBRS due to Council in November.

3.         That Council adopt the Revote schedule for 2015. Council note the updated revotes will be incorporated into the September QBRS also reported to this meeting.

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

Against:                  Nil

ABSENT:                     Cr Mawhinney

 

13.4

Quarterly Budget Review Statement (QBRS) at September 2015

269/15

RESOLVED on the motion of Crs Taylor and McBain

1.         That Council note and endorse the September 2015 Quarterly Budget Review Statement (QBRS).

2.         That Council adopt the variances, in this instance being revotes from the 2015 financial year, to its operating budget as outlined in the QBRS.

3.         That Council place the QBRS for September 2015 on its website for public information.

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

Against:                  Nil

ABSENT:                     Cr Mawhinney

 

13.5

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

270/15

RESOLVED on the motion of Crs Allen and Seckold

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

Against:                  Nil

ABSENT:                     Cr Mawhinney

 

3.35 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

271/15

RESOLVED on the motion of Crs McBain 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, Allen and Fitzpatrick

Against:                  Nil

ABSENT:                     Cr Mawhinney

15.      Delegates Reports

15.1

Southern NSW Local Health Districts Annual Public meeting  - Cr Sharon Tapscott

 

Cr Tapscott spoke to the report that she provided in the Business Papers for the Council meeting.

 

The report provided in the Agenda for the meeting of 25 November 2015 was noted.

 

15.2      Canberra Urban and Regional Futures (CURF) Seminar – Cr Britten

Cr Britten spoke on the CURF Seminar attended by himself and the Group Manager Community and Relations.  A full report will be included in the Agenda for the Council meeting to be hel on 16 December 2015.

15.3               Public Libraries Conference – Cr Taylor

Cr Taylor advised he had attended Public Libraries Conference on behalf of Library Delegate Cr Mawhinney,  and will provide a full report to the next meeting

16.      Rescission/alteration Motions

There were no rescission motions.

17.      Notices of Motion

There were no notices of motion.

18.  Urgent Business

There was no Urgent Business

19.      Questions On Notice

19.1

Response to Question on Notice - State Owned Corporations and Local Government Rates - Cr Hughes

 

The response provided in the Agenda for the meeting of 25 November 2015 was noted.

 

19.2

Cr Britten - Port of Eden Development - financial viability of Marinas

 

Cr Britten had provided the following question in writing for inclusion in the Agenda for the Council Meeting of 25 November 2015:

Question

Would Crs Allen and or Fitzpatrick please provide evidence to Council on the financial viability of marinas on the South Coast of NSW to substantiate their opposition to the wharf extension proposed as part of the development of the Port of Eden.

Background

I am asking this question as both Cr Allen and Cr Fitzpatrick voted to support the Council committing $2 million to the development of the wharf at Eden, to assist in obtaining $10 million in Federal Government Funding to extend the Eden Wharf.  The purpose of the extension is to attract economic growth for Eden.  Both Councillors have now indicated opposition to the wharf extension and appear to be supporting construction of marinas as a preference.

Cr Britten provided to Councillors via memorandum on clarification regarding his question:

To assist Crs Allen and Fitzpatrick, I would like to simplify and break down the question as follows with the first three questions requiring a simply ' yes ' or ' no ' answer and the last verification if the marina option is chosen :

1.     Having voted to commit $2m of ratepayers funds towards extending the wharf at Eden, do you continue to support that project now under way with commonwealth and state funding in place?

        YES NO

2.     Do you support the creation of a safe harbour in the port of Eden as proposed by the State Government of NSW?

        YES NO

3.     Do you believe a marina would be of more economic benefit to Eden than the wharf extension?

        YES NO

4.     If so why and what evidence have you to support that view

Statement by Cr Britten

Cr Britten explained the Code of Meeting Practice notes for asking and responding to a Question on Notice in writing, and made a statement regarding his question on notice published in the Agenda for the Council meeting to be held 25 November 2015.  Cr Britten also noted reference to the Bega District News online 19/11/2105 6.33 pm, where both Crs Allen and Fitzpatrick made statements in relation to his question on notice.

Cr Fitzpatrick  made a statement in which he:

·         Outlined his full past and continuing support for both projects.

·         Noted that he had never expressed any opposition to the wharf extension.

·         Outlined his involvement since 2009 when Council  first resolved to support a safe harbour study for Snug Cove, through Council’s commitment of funding and the Federal Government announcement of funding for the wharf extension prior to the 2013 federal election.

·         Outlined the funding applications and the shortfall in funding between the application amount to the funds announced and the commitment of Council funding.

·         Outlined the history of the project, the reports commissioned, the lobbying undertaken to gain RDAF Federal and State Government funding, the Council’s involvement and the funding announcements relating to the wharf extension and the safe harbour project.

Cr Allen made a statement in which he:

·         Outlined the history of the safe harbour project and his involvement since 2007 particularly lobbying, as Mayor, with State and Federal bureaucrats and politicians commencing in gaining funding for the master planning process.

·         Outlined the development to provide a safe harbour for the Port of Eden, the concept of an attenuator and the possibility of a marina behind the attenuator.

·         Noted his total  commitment to the evolution of the port,  lobbying for the wharf extension and development of a safe  harbour.

·         Outlined his commitment to representing the best interests of the ratepayers and residents  across the Shire and the unlimited potential of Eden and the port.

 

The Mayor thanked the speakers and the comments were noted.

Statements by Councillors

Cr Tapscott read from a prepared statement regarding the Question on Notice.

Cr Taylor asked for leave to make a statement regarding the matters discussed.

Cr Fitzpatrick asked for a point of order, noting that Cr Taylor’s statements were not in keeping with the matters raised in the Question on Notice.

The Chairperson, Cr Britten, ruled that the statement from Cr Taylor was allowed.

Cr Allen asked for a point of order, regarding permission for Cr Taylor to make the statement.

The Chairperson, Cr Britten, referred to the Code of Meeting practice and ruled that the statement from Cr Taylor was allowed.

Cr Taylor addressed the Council.

20.  Questions for the Next Meeting

20.1

Status of works in Eden, Merimbula and Bega – Cr McBain

 

Cr Kristy McBain asked what assurances do Councillors have that the works currently being undertaken in the three main towns being the Imlay Street upgrade Eden, works in Littleton Gardens and carpark Bega and Bypass and carpark works Merimbula, will be completed by Christmas?

The question was answered by the Group Manager Transport and Utilities, noting that the areas concerned would be open for public use during the Christmas period and that he would provide further information on the extent of any works that may be required to be fully completed later in the new year following the Christmas period.

 

20.2

Bus Shelters in the Bega Valley - Cr McBain

 

Cr Kristy McBain asked could Councillors be provided with a list of all current bus shelters within the Shire

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 events she had attended or participated in:

·           Mumbulla Mountain to launch the Biamanga and Gulaga National Parks plans of management to respect their cultural significant and sacred sites.

·           St Peters Parish Pambula, Merimbula and Eden’s 150th anniversary.

·           Mary MacKillop International mobile learning centre, Timor Leste.

·           The Regional Wellbeing survey need to be compleed by 1 December 2015

·           Staff Union Day Picnic at Bega Golf Club

·           Launch of the replica of the diving suit (used 1938) at the Tathra Wharf Museum.

·           Announcement of the Federal Arts funding to Bega Valley, awarded to fLing, Four Winds Festival and Bega Valley Regional Gallery.

 

Cr Tapscott reported on events she had attended or participated in:

·         The visit by the Cruise Ship Pacific Dawn.

Statements by Councillors

Cr McBain sought leave to make a statement to the Council.

Cr McBain addressed the Council regarding the statements made regarding the question on notice Item 19.2 Port of Eden Development - financial viability of Marinas.

22.  Confidential Business

 

Adjournment Into Closed Session

272/15

RESOLVED on the motion of Crs McBain and Taylor

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

22.1    Senior Staff performance

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.

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, McBain, Hughes, Tapscott, Seckold, Allen and Fitzpatrick

Against:                  Nil

ABSENT:                    Cr Mawhinney

 

23.  Adoption of reports from Closed Session

22.1

Senior Staff performance

273/15

RESOLVED on the motion of Crs McBain and Tapscott

That Council note the senior staff performance review report for 2014-15. 

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

Against:                  Nil

ABSENT:                    Cr Mawhinney

24.  Resolutions to declassify reports considered in closed session

There were no resolutions to declassify reports.

Closure

There being no further business, the Chairperson closed the meeting at 4.19 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 25 November 2015.