Ordinary Meeting Minutes

Held on Wednesday 3 February 2016

At Council Chambers, Biamanga Room Bega Commemorative Civic Centre 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, Mrs Janelle Curtis

 

Statement of Commencement of Live Streaming

Council meetings are recorded and live streamed to the Internet for public viewing. By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded. The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

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

1/16

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary and Closed Session Meeting held on 16 December 2015 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Abstained:             Cr Hughes

 

3.    Declarations

Non Pecuniary Interest

Cr Mawhinney declared a non-pecuniary interest regarding Item 9.2 National Youth Week 2016  Small Grants Program the basis that she is a member the South East Arts Board.  A signed declaration form was tabled by Cr Mawhinney for inclusion in the Register noting Cr Mawhinney would remain in the meeting room, but take no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

4.1

Deputation Requests already received

 

Planning and Environment Report No 8.2 Attached Dual Occupancy 29 Hergenhans Lane, Angledale

Mr George Morrow

 

4.2

Suspension of Standing Orders

2/16

RESOLVED on the motion of Crs Taylor and Mawhinney

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

Economic Development and Business Growth 11.1 Bega Clock Tower

·         Ms Judy Geary

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

Against:                  Nil

The Group Manager Planning and Environment spoke regarding a memorandum that was provided to Councillors correcting two (2)  inaccuracies in the report:

·        Page 30  dot point 6 should read: “The new building will not directly impact on the significance of the listed item

·        Page 30 - Submission – Noise Disturbance and Visual Intrusion – Comment Line 7 – the reference to 51 m should read 38 m

Mr Morrow addressed Council and responded to questions from Councillors

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

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

Against:         Nil

 

Ms Geary addressed Council and responded to questions from Councillors

RESOLVED on the motion of Crs Mawhinney and Taylor

That an extension of two minutes be granted to Ms Geary to complete her address

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

Against:         Nil

The Mayor thanks those persons addressing Council.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

 

7.

Adjournment into Standing Committees

3/16

RESOLVED on the motion of Crs Allen 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 McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

2.25 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 Planning Proposal to reclassify part Lot 4 DP 1138056 Cattle Bay, Eden

4/16

RESOLVED on the motion of Crs Seckold and McBain

1.         That Council resolves to adopt the amendments to Schedule 4 Part 2 of Bega Valley Local Environmental Plan 2013 as exhibited in the Planning Proposal to reclassify part Lot 4 DP 1138056 Cattle Bay, Eden, from ‘Community land’ to ‘Operational land’.

2.         That Council requests the Minister for Planning and Environment to finalise the plan under section 59(2) of the Environment Planning and Assessment Act 1979.

3.         That those persons who attended the Public Hearing be advised of the above.

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

Against:                  Nil

Abstained:             Cr Hughes

 

8.2

Attached Dual Occupancy 29 Hergenhans Lane, Angledale

 

The Chairperson asked had any new matters been raised in the address.

The Group Manager Planning and Environment responded that the matters raised in the address had been fully covered in the report.  He advised Councillors could choose to defer the report if they wished.

A motion was moved by Crs Britten and Allen

That the matter be dealt with today.

Cr Hughes foreshadowed a motion

That the matter be deferred to allow for the Heritage Advisor to be consulted regarding matters raised by Mr Morrow.

The motion was put to the vote and it was LOST

In favour:             Crs McBain, Britten, Fitzpatrick and Allen

Against:                  Crs Hughes, Tapscott, Seckold, Mawhinney and Taylor

The foreshadowed motion became the motion and was put to the vote and CARRIED

5/16

RESOLVED on the motion of Crs Hughes and Tapscott

That the matter be deferred to allow for the Heritage Advisor to be consulted regarding matters raised by Mr Morrow

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

Against:                  Crs Fitzpatrick and Allen

 

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

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

9.1

NSW Regional and Public Galleries Conference 2016

6/16

RESOLVED on the motion of Crs Seckold and Mawhinney

That Cr Britten as the Mayor, or the Mayor’s nominee, attend the 2016 Regional and Public Galleries NSW Conference in conjunction with relevant Council staff and the necessary expenses are defrayed by the Council in keeping with its Policy.

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

Against:                  Nil

 

9.2

National Youth Week 2016 Small Grants Program

 

Non-pecuniary interest

Cr Mawhinney declared a non-pecuniary interest regarding Item 9.2 National Youth Week 2016  Small Grants Program the basis that she is a member the South East Arts Board.  A signed declaration form was tabled by Cr Mawhinney for inclusion in the Register.  Cr Mawhinney remained in the meeting room, but took no part in debate or voting on this item

Cr Fitzpatrick moved a motion that the motion be put.  The motion was CARRIED

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

Against:                  Nil

 

RESOLVED on the motion of Cr Fitzpatrick and Seckold

That the report be noted and that Council adopt the recommendation as outlined in the confidential attachment with the inclusion of funds for the Merimbula Visitors Information Centre Project with the additional funds of $974 coming from the Financial Assistance Grants budget.

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

Against:                  Nil

7/16

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.         That Council make the following allocations through the National Youth Week 2016 Small Grants program, with the additional funds of $974 coming from the Financial Assistance Grants budget:

Organisation

Amount

Campbell Page

$774

Candelo Karate Dojo Inc.

$500

Sapphire Marine Discovery Centre

$,1000

Women’s Resource Centre

$1,000

South East Arts

$700

Spiral Gallery

$1,000

Merimbula Visitors Information Centre Project

$1,000

Total allocation

$5,974

2.         That officers advise all applicants of the outcome.

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

Against:                  Nil

Abstained:             Cr Mawhinney

 

9.3

Seniors Festival 2016 Small Grants Program

 

RESOLVED on the motion of Crs Britten and Fitzpatrick

That the report be noted and that that Council resolve on the recommendation as outlined in the confidential attachment ,with the additional funds of $895 coming from the Financial Assistance Grants budget.

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

Against:                  Nil

Abstained:             Cr Hughes

8/16

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.         That Council make the following allocations through the Seniors Festival 2016 Small Grants Program:

Organisation

Amount

Bega Valley Meals on Wheels 

$500

Bermagui U3A

$500

Bermagui & District Seniors Social Club

$500

Bega Seniors Citizens

$500

Bega Valley Archers

$500

Eden Killer Whale Museum Committee

$350

Eden Community Access Centre

$500

Imlay District Nursing Home

$500

Merimbula Tourism Inc.

$500

Merimbula Men’s Shed

$120

Pamboola Wetlands

$450

U3A Sapphire Coast

$500

Uniting Church

$475

Total

$5,895

3.         That officers advise all applicants of the outcome

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

Against:                  Cr Hughes

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 Clock Tower

 

RESOLVED on the motion of Crs Britten and Allen

That the matter be deal with today.

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

Against:                  Nil

 

A motion was moved by Cr Britten and Cr Allen

That Council relocate the clock tower to a more suitable location within the precinct of Bega in keeping with its value to the community and consult with the grandchildren of the Evershed family and the community as to a suitable location.

A motion was foreshadowed by Cr Hughes

That Council resolve on a path forward in relation to the Bega Clock Tower in relation to maintenance and location.

The chairperson deemed the foreshadowed motion required Council to determine a path forward.

The motion was put to the vote and it was CARRIED

9/16

RESOLVED on the motion of Crs Britten and Allen

That Council relocate the clock tower to a more suitable location within the precinct of Bega in keeping with its value to the community and consult with the grandchildren of the Evershed family and the community as to a suitable location.

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

Against:                  Crs Hughes and Seckold

 

11.2

Road names to be pre-approved and reserved for future use within the Shire

10/16

RESOLVED on the motion of Crs Hughes and Allen

That authority be given for Council staff to submit the above list of proposed road names to the Geographical Names Board of New South Wales for pre-approval and reservation for future use within the Shire as approved by the Council Delegate.

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

Against:                  Nil

 

11.3

Construction Tender for Demolition of Buildings at Cannery Site, Eden - Tender 93/15

 

RESOLVED on the motion of Crs Britten and Tapscott

That Council accepts recommendations as outlined in the confidential attachment

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

Against:                  Nil

11/16

RESOLVED on the motion of Crs Britten and Tapscott

1.                  That Council accept the tender from John Michelin & Sons Pty Ltd  in relation to the contract for the works described in Tender 93/15, in the amount of $72,341 (inc. GST), subject to variations, provisional sums and prime cost 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 McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

11.4

Goods and service tender for the provision of bitumen, emulsions and asphalt materials and services
LGP213 RFT 75/15

 

RESOLVED on the motion of Crs Allen and Seckold

That Council accepts recommendations as outlined in the confidential attachment

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

Against:                  Nil

12/16

RESOLVED on the motion of Crs Allen and Seckold

1.      That Council accept the tender from Downer EDI Works Pty Ltd  in relation to contract for the works described in Tender RFT 75/15, in the amount of $1,311,285.15 (including GST), subject to variations, provisional sums and prime cost 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 McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

 

 

11.5

Restart NSW Funding Deed Merimbula Airport

13/16

RESOLVED on the motion of Crs Mawhinney and Tapscott

That Council authorise the General Manager to execute funding Deeds associated with the Regional Tourism Infrastructure (Airports) funding program.

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

Against:                  Nil

Abstained:             Cr  Hughes

 

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

National Stronger Regions Fund Round 3

14/16

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.    That Council resolve to formally submit an application for Round Three of the National Stronger Regions Fund for the Merimbula Regional Airport with final figures and potential funding sources reported to Council at its meeting on 24 February 2016.

2.      That the Mayor and General Manager be delegated to negotiate with the Twyford Hall Committee with a further report to the 24 February meeting.

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

Against:                  Nil

Abstained:             Cr Hughes

 

 

12.2

Major projects quarterly update

15/16

RESOLVED on the motion of Crs McBain and Tapscott

That Council note the major projects update report.

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

Against:                  Nil

 

12.3

Applications for Financial Assistance: Section 356
Urgent request addressed by the General Manager - Surf Life Saving NSW - George Bass Surf Boat Marathon

16/16

RESOLVED on the motion of Crs Allen and Tapscott

1.         That Council support Surf Life Saving NSW for the 2016 George Bass Surf Boat Marathon to the value of $5000.00.

2.         That the funds be drawn from the Section 356 operating budget.

3.         That event organisers be advised of the requirement to apply for funding well in advance of the 2018 event.

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

Against:                  Nil

Abstained:             Cr Councillor Hughes

 

12.4

Actions from resolutions of Council - Status Report

17/16

RESOLVED on the motion of Crs McBain and Seckold

That Council note the status report on actions from Council’s Resolutions for the period 1 October 2015 to 31 December 2015

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

Against:                  Nil

 

13.  Staff Reports – Finance (Leading Organisation)

There were no Finance reports.

3.31 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

18/16

RESOLVED on the motion of Crs Allen 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 McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen

Against:                  Nil

15.      Delegates Reports

There were no delegates reports

16.      Rescission/alteration Motions

There were no rescission motions

17.      Notices of Motion

There were no notices of motions

18.  Urgent Business

There was no urgent business.

19.      Questions On Notice

19.1

Cr Tapscott - Tourism and Cemeteries

 

The response to Cr Tapscott’s question on Tourism and Cemeteries that appeared in the Agenda was noted.

 

20.  Questions for the Next Meeting

20.1

NSW Government Affordable Housing Fund

 

Cr Russell Fitzpatrick asked could the General Manager call a meeting of interested groups to discuss Council submitting a combined Expression of Interest under the NSW Affordable Housing Fund.  He noted registration was due on 29 February, 2016 and Expressions of Interest due by  15 March 2016.

The General Manager took the question on notice and advised the Group Manager Community Relations and Leisure would provide a report to Councillors on action taken in relation to coordinating a combined submission.

 

21   Items of Interest Relating to Council Business

Cr Seckold reported on the following matters of interest:

Launch of “The Shirl” portraiture prize for youth at the Bega Valley Regional Art Gallery on 18 December 2016

Welcoming P&O Cruise Eden, along with Dr Peter Hendy, The Hon Andrew Constance, General Manager, Mayor and Cr Tapscott, to the Port of Eden on 10 January 2016

Attendance at the Candelo Show on 17 January 2016, where local produce, craft, art, vintage cars, music, animals and ring events were showcased.

Attending, along with Group Manager Community Relations and Leisure, on 22 January, 2016 the screening of Gary Lonesborough’s short film “The Children” set at Gillards Beach and Wyndham. 

The Australia Day celebrations including the Opening of the Bega Valley Commemorative Civic Centre, with over 700 attending to celebrate community achievers, citizenship conferees, and speech from Australia Day Ambassador Mr Dick Smith.

The Bega Police Citizen’s Youth Club (PCYC) demonstration of defensive and offensive techniques, and call for volunteers and ideas for activities from the PCYC Far South Coast Manager.

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

The were no reports declassified.

Closure

There being no further business, the Chairperson closed the meeting at 3.39  pm.

Statement of Cessation of Live Streaming for the period of the Closed Session.

The Chairperson advised that the recording of the meeting would now cease.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 3 February 2016.