Ordinary Meeting Minutes

Held on Wednesday 16 December 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 Kelly McDowall

 

 

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

274/15

RESOLVED on the motion of Crs McBain and Seckold

That the Minutes of the Ordinary Meeting and Closed Session held on 25 November 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Abstained:             Cr Mawhinney

 

3.    Declarations

Pecuniary Interest

Cr Allen declared a pecuniary interest regarding Item 8.2 DA No. 2015.480: Erection of a farm shed – Lot 37 DP 752164 110 County Boundary Road, Cobargo, Ordinary Agenda on the basis that he is a joint owner of the property.  A signed declaration form was tabled by Cr Allen for inclusion in the Register, noting he would depart the meeting room, taking no part in debate or voting on this item.

Non Pecuniary Interest

Cr Hughes declared a pecuniary/non pecuniary interest regarding Item 12.1 Citizen and Young Citizen of the Year, on the basis that of personal interest.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting  Cr Hughes would remain in the meeting room, but take no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

Suspension of Standing Orders

RESOLVED on the motion of Crs Mawhiney and Seckold

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

Item No 8.4. DA No. 2015.82: Regularisation of unauthorised additions to attached dual occupancy, 2 Coraki Drive, Pambula Beach,

·           Ms Rosemary Poole

·           Ms Loretta Fella

Item 11.3 Bega Valley Local Traffic Committee - 2 December 2015

·           Mr Max Roberts and Mr Kim Boyd (who had already been granted approval to address Council) on behalf of the Sapphire Coast Sporting Car Club Inc. and the request was included in the Agenda: Item 11.3 Bega Valley Local Traffic Committee - 2 December 2015

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

Against:                  Nil

 

4.1

Item 11.3 Bega Valley Local Traffic Committee - 2 December 2015

 

Mr Boyd and Mr Roberts addressed Council and responded to questions from the Councillors

4.2

Item 8.4 DA No. 2015.82: Regularisation of unauthorised additions to attached dual occupancy, 2 Coraki Drive, Pambula Beach

Mrs Poole addressed Council and responded to questions from Councillors.

Mrs Fella addressed Council and responded to questions from Councillors.

 

 

The Mayor thanked the addressees for their presentations.

5.        Petitions

There were no Petitions tabled by Councillors.

6.        Mayoral Minutes

There were no mayoral minutes.

7.

Adjournment into Standing Committees

275/15

RESOLVED on the motion of Crs Seckold and Mawhinney

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, Allen, Fitzpatrick and Mawhinney

Against:                  Nil

2.16 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 amendments to Local Environmental Plan 2013: Boundary adjustments and subdivision of land with split zones

276/15

RESOLVED on the motion of Crs Tapscott and Seckold

1.      That Council resolves to adopt the amendments to Bega Valley Local Environmental Plan 2013 subject to the minor amendments to the wording of the draft clauses contained in this report.

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.

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

Against:                  Nil

 

8.2

Erection of a farm shed - Lot 37 DP 752164, 110 County Boundary Road, Cobargo

 

Pecuniary Interest

Cr Allen declared a pecuniary interest regarding Ordinary Agenda Report 8.2 DA No. 2015.480: Erection of a farm shed – Lot 37 DP 752164 110 County Boundary Road, Cobargo, on the basis that he is a joint owner of the property.  A signed declaration form was tabled by Cr Allen for inclusion in the Register.  He departed the meeting room, taking no part in debate or voting on this item.

02:19 pm       Cr Allen left the meeting.

277/15

RESOLVED on the motion of Crs Britten and Seckold

That Development Application No. 2015.480 for the erection of a farm shed at Lot 37 DP 752164, 110 County Boundary Road, Cobargo be approved subject to conditions as outlined in the Draft Consent attached to this report.

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

Against:                  Nil

Absent:                    Cr Allen

02:20 pm       Cr Allen returned to the meeting.

 

8.3

Bega Valley Shire Coastal Processes and Hazards Definition Study

278/15

RESOLVED on the motion of Crs Britten and Tapscott

That Council adopt the Bega Valley Shire Coastal Processes and Hazards Definition Study Volume 1 Final Report and Volume 2 Figures Compendium.

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

Against:                  Nil

 

8.4

Regularisation of unauthorised additions to attached dual occupancy, 2 Coraki Drive, Pambula Beach

 

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 that the public address summarized a number of objections already received.  Council staff have included these in the report to Council.

 

A motion was moved by Crs Britten and McBain

1.          The matter be deferred for further consideration;

2.          As a matter of urgency, the applicant shall provide Council with a survey report from a registered surveyor to determine the height of the building in accordance with the requirements of clause 4.3 of Bega Valley Local Environment Plan 2013 (BVLEP 2013);

3.          Where the height of the building is identified above the development standard, the applicant shall submit a written request to Council to justify the contravention in accordance with the requirements of Clause 4.6 of BVLEP;

4.          Upon receipt of a satisfactory response to (2) and (3) above, the General Manager provide a report to the next practicable meeting advising Council of matters under s79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the granting of consent to the development application; and

5.          The General Manager include in the report suitable draft conditions in the event that Council ultimately determines to grant consent to the development application. Such draft conditions to include a requirement for certification from a suitably qualified engineer as to the structural integrity of the building prior to occupation and a requirement for lodgement of a satisfactory landscape plan and planting of suitable species prior to occupation.

 

A motion was foreshadowed by Cr Hughes

1.         That Development Application 2015.82 for the regularisation of unauthorised alterations and additions to an attached dual occupancy (including a rock retaining wall, concrete tower, deck and spa) be refused for the following reasons:

a.         The proposed development fails to comply with the maximum building height development standard set by Clause 4.3 of the BVLEP 2013 and is inconsistent with the objectives of the clause in that the development does not retain the existing character and amenity of the locality.

b.         The proposed development is inconsistent with the objectives of Clause 5.5 of the BVLEP 2013 and the principles of the NSW Coastal Policy as the development would have an unacceptable impact on a sensitive coastal location, being the Pambula River mouth and its environs in terms of scenic quality and amenity.

c.         The proposed development is inconsistent with the objectives of SEPP 71 Coastal Protection as the development fails to ensure the visual amenity of the coast is protected and the type, bulk, scale and size of the development is inappropriate for the location. Further the development fails to protect and improve the natural scenic quality of the surrounding area.

d.         The proposal would not be in the public interest.

2.         That Council serve notice on the owner to have the unauthorised structure demolished.

3.         That the property owner reinstates vegetation to the satisfaction of Council to a standard consistent with the extent of vegetation that currently exists on either side of the tower as it currently stands.

4.          Those parties who made a submission be advised of Council’s decision

 

The motion was put to the vote and it was CARRIED

279/15

RESOLVED on the motion of Crs Britten and McBain

1.          The matter be deferred for further consideration;

2.          As a matter of urgency, the applicant shall provide Council with a survey report from a registered surveyor to determine the height of the building in accordance with the requirements of clause 4.3 of Bega Valley Local Environment Plan 2013 (BVLEP 2013);

3.          Where the height of the building is identified above the development standard, the applicant shall submit a written request to Council to justify the contravention in accordance with the requirements of Clause 4.6 of BVLEP;

4.          Upon receipt of a satisfactory response to (2) and (3) above, the General Manager provide a report to the next practicable meeting advising Council of matters under s79C of the Environmental Planning and Assessment Act 1979, if any, that would enable consideration to be given by Council to the granting of consent to the development application; and

5.         The General Manager include in the report suitable draft conditions in the event that Council ultimately determines to grant consent to the development application. Such draft conditions to include a requirement for certification from a suitably qualified engineer as to the structural integrity of the building prior to occupation and a requirement for lodgement of a satisfactory landscape plan and planting of suitable species prior to occupation.

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

Against:                  Crs Hughes and Tapscott

 

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

Community Project Proposals - Summary and Assessment

280/15

RESOLVED on the motion of Crs Mawhinney and Seckold

1.      That the report and project proposal summary table be received and noted.

2.      That Council note those Community Project Proposals already approved.

3.      That Council adopt the following recommendations for outstanding Community Project Proposals:

a.      Council provide in-principle support to the Bermagui Chamber of Commerce for the installation of outdoor gym and fund requested amount if additional funding becomes available.

b.      Council provide in-principle support to the Montreal Goldfields Committee for the resurfacing of their carpark and fund requested amount if additional funding becomes available.

c.      Council provide in-principle support to the Tathra Headland and Wharf Access Group to enable the applicant to investigate other funding opportunities; noting the Council resolution of 12/08/2015 referring the proposal to the discussion about ‘headline projects’ to determine its priority against other ‘headline projects’.  

d.      Request Eden Whalers AFL Club to provide further information regarding the upgrade of lighting on the AFL field to reduce risk of unexpected cost and or delays.

e.      Council provide in-principle support to Campbell Page Eden for the Eden Skate Park revamp to enable them to investigate other funding opportunities.

f.       Council continue to work with the Merimbula Special Events Committee to identify suitable projects.

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

Against:                  Nil

 

9.2

Conversion of building to library and community facility at Tura Beach

281/15

RESOLVED on the motion of Crs Taylor and Seckold

1.      That Council receive and note the report.

2.      That Council award tender RFT64/15 for the conversion, renovation and fit-out of the old Tura Beach Tavern into a library and community facility to Edwards Builders Pty Ltd for the lump sum price $996,561 (excl. GST) subject to variations and provisional sums.

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

4.      That Council authorise the General Manager to execute the relevant contracts and documentation for the project to commence.

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

Against:                  Cr Allen

 

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

Merimbula Wharf Public Toilet Facility

282/15

RESOLVED on the motion of Crs Tapscott and Hughes

1.      That Council enter into a formal Deed of Agreement with Merimbula Aquarium Pty Ltd for the maintenance and operation of the public toilet facility, located on Lot 475 DP 728039 and within Crown lease area 1987/3.

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

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

Against:                  Nil

 

10.2

Jigamy Youth Camp Development

283/15

RESOLVED on the motion of Crs Hughes and Seckold

1.      That Council enter into a formal Deed of Agreement with Twofold Aboriginal Corporation Incorporated and the Aboriginal Evangelical Fellowship (Family & Youth Services) Incorporated for the provision of an easement for Asset Protection Zone purposes over a portion of Council owned unformed road reserve adjoining Lot 25 DP 750242 at Broadwater.

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

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

Against:                  Nil

 

10.3

Old CBC Building in Bega

284/15

RESOLVED on the motion of Crs Hughes and Britten

1.      That Council formally write to the Minister for Crown Lands seeking in-principle consent under Section 102 of the Crown Lands Act 1989 to a sale of the old CBC building located within the Bega Reserve Trust (180031) in Auckland Street, Bega.

2.      That approval of the Minister also be sought to direct the proceeds of any sale to other Reserve Trusts within the Bega area managed by the Bega Valley Shire Council.  

3.      That Council notify community groups to encourage them to consider the possibility of leasing the facility.

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

Against:                  Nil

 

10.4

Lease of Land to Tulgeen Group

285/15

RESOLVED on the motion of Crs Seckold and Mawhinney

1.      That Council grant a further 10 year lease to Tulgeen Group Incorporated for their continued occupation of Part Lot 14 DP 813625 and Part Lot 28 DP 914639 at Taronga Crescent in Bega (being approximately 1.247ha) at the minimum annual rental fee as contained in Council’s schedule of fees and charges, currently $510.40 per annum (including GST).

2.      That all costs associated with establishing the new lease are borne by Tulgeen Group Incorporated, including any survey, plan preparation and registration costs. 

3.      That an amount of $6,736, being the balance of the market rental valuation for the site, be shown as a donation from Council’s property rebate fund.

4.      That authority is given for the Mayor and General Manager to execute the necessary documents.

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

Against:                  Nil

 

 

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

Mobile Waste Transfer Services to Remote Villages

286/15

RESOLVED on the motion of Crs McBain and Tapscott

1.      That Council trial provision of up to three garden waste event services at Wonboyn Lake.

2.      That Council engage in discussions with Cleanaway and the Wonboyn Lake community with a view to conducting a trial kerbside garden waste service at Wonboyn Lake in the 16-17 financial year.

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

Against:                  Nil

 

11.2

RFT 31/15 Airport management, operations and maintenance services

287/15

RESOLVED on the motion of Crs Britten and Mawhinney

That the matter be deferred to Closed Session for discussion of the confidential attachment.

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

Against:                  Cr Hughes

 

11.3

Bega Valley Local Traffic Committee - 2 December 2015

 

As this matter was subject to an address by deputation the Chairperson asked the Group Manager Transport and Utilities if any new matters had been raised.

The Group Manager Transport and Utilities advised that from a staff point of view there would be no need to provide another report on the matter.

 

RESOLVED on the motion of Cr Britten and Taylor

That the matter be heard and that the item on the Bega Valley Rally be considered separately

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

Against:                  Nil

288/15

RESOLVED on the motion of Crs Britten and Taylor

That Council adopt the following Traffic Committee recommendations as follows:

19th Annual Bermagui Seaside Fair Street Parade – 12 March 2015

1.         That, subject to conditions, Scenic Drive, Bermagui from Endeavour Point Headland will be temporarily closed from 9.30am to 11.30am on Saturday 12 March 2016 for the Bermagui Seaside Fair Street Parade.

2.         That, subject to conditions, Lamont Street, Bermagui between the intersections of Montague Street and Wallaga Street be temporarily closed from 9.30am to 11.30am on Saturday 12 March 2016 for the Bermagui Seaside Fair Street Parade.

3.         That the proposed traffic arrangements involving the temporary closure of Scenic Drive and Lamont Street, Bermagui for the Bermagui Seaside Fair Street Parade on Saturday, 14 March 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.

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

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

6.         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.

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

Far South Coast National Show, Bega – 19, 20 & 21 February 2016

1.         That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed from 9am to 5pm on 19, 20 and 21 February 2016 for the Far South Coast National Show.

2.         That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 19, 20 and 21 February 2016 for the Far South Coast National Show.

3.         That the proposed traffic arrangements for the Far South Coast National Show 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.

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

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

6.         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.

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

Rotary Club of Merimbula, Merimbula Mother’s Day Classic Fun Run – Sunday 8 May 2015

1.         That the proposed traffic arrangements involving Ocean Drive and Fishpen Road, Merimbula for the Merimbula Mother’s Day Classic on Sunday, 10 May 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.

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

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

4.         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.

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

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

Car Parking at Merimbula Boat Ramp

1.         Council approve the installation of signs stating “Cars with Trailer Parking Only” at either              end of the designated area. 

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

Against:                  Nil

RESOLVED  on the motion of Cr  Britten and Tapscott that in regard to the Bega Valley Rally

That Council resolve in relation to the Traffic Committee item Bega Valley Rally:

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

2.         That signage is displayed advising of Road Closures

3.         That letters are sent to land owners seeking written approval for the closure of private gates.

4.         That a Traffic Management Plan is required stating that private gates are locked in accordance with CAMS guidelines.

5.          That the organisers of the 2016 Bega Valley Rally be advised that Council supports the rally in principle.

6.         That Council support the road closures(as listed), on Sunday 12th June 2016 for the Bega Valley Rally subject to requirements set out by the local Traffic Committee

a)       Buckajo Road, Bega including the spectator point on private land

b)       Upper Cobargo Road, Bega

c)       The Snake Track

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

Against:                  Cr Hughes

 

11.4

National Stronger Regions Fund - Round Two

289/15

RESOLVED on the motion of Crs Britten and Taylor

1.      That Council note the successful Round Two National Stronger Regions Fund announcement for the North Bega Sewer Project.

2.      That Council authorise staff to refocus the Merimbula Airport proposal for report to Council in February 2016 prior to submission on 15 March 2016.

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

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

2016 Citizen of the Year and Young Citizen of the Year Awards

 

Non Pecuniary Interest

Cr Hughes declared a pecuniary/non pecuniary interest regarding Item 12.1 Citizen and Young Citizen of the Year, on the basis that of personal interest.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting  Cr Hughes would remain in the meeting room, but took no part in debate or voting on this item.

290/15

RESOLVED on the motion of Crs Fitzpatrick and Britten

That the matter be deferred to the Closed Session for discussion of the confidential attachment.

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

Against:                  Nil

Abstained:             Cr Hughes

 

12.2

Finalisation of MoU with Eurobodalla Shire Council

291/15

RESOLVED on the motion of Crs Britten and Fitzpatrick

That Council endorse the Memorandum of Understanding between Bega Valley Shire Council and Eurobodalla Shire Council.

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

Against:                  Nil

 

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

Southern Phone Company Pty Ltd - Dividend 2015

292/15

RESOLVED on the motion of Crs McBain and Seckold

1.         That Council note the dividend of $194,114.04 declared by Southern Phone Company Limited to Bega Valley Shire Council. for use on the following projects.

·                $45,000 - Bega Pool: Upgrade and replace existing heat pumps.

·                $15,000 – Bermagui: Partner funding with Bermagui Chamber of Commerce to install Green Gym Equipment on public reserves.

·                $12,074 – Montreal Goldfields: Partner funding assisting with the resurfacing of the carpark.

2.          That the balance of funds, being $17,040.04, will be restricted for future allocation in the next round of Community Grants program 2015-16 year and appropriately identified at the time as being funded through the Southern Phones dividend.

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

Against:                  Nil

 

13.2

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

293/15

RESOLVED on the motion of Crs McBain and Taylor

1.         That Council receive and note the 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, Fitzpatrick and Mawhinney

Against:                  Nil

3.22 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

294/15

RESOLVED on the motion of Crs Mawhinney and McBain

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, Fitzpatrick and Mawhinney

Against:                  Nil

15.      Delegates Reports

15.1

Canberra Urban and Regional Futures (CURF) Seminar

 

The report provided in the Agenda for the meeting of 16 December 2015 was noted.

 

15.2

Cr Ann Mawhinney and Mr Terry Bunn, Chair, Internal Audit Committee: Australian Public Sector Anti-Corruption Conference (APSAC) 17th to 19th November

 

The report provided in the Agenda for the meeting of 16 December 2015 was noted.

 

15.3

NSW Public Libraries Association Conference 2015

 

The report provided in the Agenda for the meeting of 16 December 2015 was noted.

16.      Rescission/alteration Motions

There were no rescission / alteration 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 - Bus Shelters in the Bega Valley - Cr McBain

 

The response to the question from Cr McBain that was included in the Agenda for the meeting of 16 December 2015 was noted.

 

19.2

Response to Questions on Notice - Outdoor seating cost and fees - Cr Fitzpatrick

 

The response to the question from Cr Fitzpatrick that was included in the Agenda for the meeting of 16 December 2015 was noted.

 

20.  Questions for the Next Meeting

20.1

Options for Low Cost Housing in the Bega Valley

 

Cr Liz Seckold asked could the Council please identify land in the Bega Valley suitable for low cost housing? She advised homelessness in our region is an ongoing problem.  Many community groups are concerned about this and would be prepared to raise funds towards and manage such a facility.

The question was taken on notice by the Group Manager, Planning and Environment.

 

20.2

Heritage Register for Trees

 

Cr Liz Seckold asked could Council consider creating a Heritage Register on trees over 100 years old in the Bega Valley?  She suggested that residents could be asked to nominate trees on their property or in their area, Council staff would be aware of indigenous trees and their significance particularly as markers for ancient walking tracks eg Bundian Way but these trees are known locally by generation of families.

The question was taken on notice by the Group Manager, Planning and Environment.

 

21   Items of Interest Relating to Council Business

Cr Seckold reported on matters of interest she had attended:

·        The Regional Forum Leading Through Uncertainty

·        Bega High School presentations and University of Wollongong’s graduation

·        NetGen graduation

·        Bega Valley Shire Council Staff Service Awards

·        StandBy Postvention

·        Final SPAN Meeting

·        Bega Christmas Carnival

·        Opening of SHIRL National Youth Portrait Prize

22.  Confidential Business

 

Adjournment Into Closed Session

295/15

RESOLVED on the motion of Crs McBain and Mawhinney

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

1.1        Bega Land Developments

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (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.

11.2      RFT 31/15 Airport management, operations and maintenance services

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.

12.1      2016 Citizen of the Year and Young Citizen of the Year Awards

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) personnel matters concerning particular individuals (other than councillors),

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, Tapscott, Seckold, Allen, Fitzpatrick and Mawhinney

Against:                  Cr Hughes

 

23.  Adoption of reports from Closed Session

22.1

Bega Land Developments

296/15

RESOLVED on the motion of Crs Allen and Seckold

That Council note the report to and resolution of the Closed Session

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

Against:                  Nil

 

22.2

RFT 31/15 Airport management, operations and maintenance services (Deferred from the Ordinary Meeting Item 11.2)

297/15

RESOLVED on the motion of Crs Allen and Seckold

1.         That Council not accept any tenders as no tenders received offered value for money.

2.         That Council not recall tenders as this is unlikely to provide a better outcome at this time.

3.         That Council negotiate as management fee for service contract with the current operator for a 2 year transition period to allow Council to become the certified aerodrome operator for the purposes of the Civil Aviation Safety Regulations and the Aviation Transport Security Regulations.

4.         That Council retender the management operations of the Merimbula Airport once operator certification has been received.

5.          That the General Manager and Group Manager Transport and Utilities negotiate with the current operator and report back to Council.

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

Against:                  Nil

 

22.3

2016 Citizen of the Year and Young Citizen of the Year Awards (Deferred from the Ordinary Meeting Item 12.1)

 

Non Pecuniary Interest

Cr Hughes declared a pecuniary/non pecuniary interest regarding Item 12.1 Citizen and Young Citizen of the Year, on the basis that of personal interest.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting  Cr Hughes would remain in the meeting room, but took no part in debate or voting on this item.

298/15

RESOLVED on the motion of Crs Allen and Seckold

1.      That Council note the selection of the Bega Valley Shire Citizen of the Year for 2016.

2.      That Council note the selection of the Bega Valley Shire Young Citizen of the Year for 2016.

3.      That the successful nominees be advised they will be presented with their awards at the Australia Day ceremony to be held in Bega on 26 January 2016, and that announcement of the awardees will be kept confidential until the official Australia Day program is released.

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

Against:                  Nil

Abstained:             Cr Hughes

 

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 4.27 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 16 December 2015.