Ordinary Meeting Minutes

Held on Wednesday 6 April 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

Director, Transport and Utilities, Mr Wayne Sartori

Director, Planning and Environment, Mr Andrew Woodley

Director, Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Lucas Scarpin

Minute Secretary, Ms 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

55/16

RESOLVED on the motion of Crs McBain and Seckold

That the Minutes of the Ordinary Meeting and Closed Session held on 16 March 2016 as circulated, be taken as read and confirmed.

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

Against:                  Nil

 

3.    Declarations

Non-Pecuniary Interest

Cr McBain declared a non-pecuniary interest regarding Item 9.1 Quarterly Community Project Proposal Summary, on the basis that a family member is involved with the Tathra AFL Club.  A signed declaration form was tabled by Cr McBain for inclusion in the Register noting that Cr McBain would remain in the meeting room, but take no part in debate or voting on this item.

Cr Hughes declared a non-pecuniary interest regarding Item 9.2, 2016 Bega Valley Shire Council Tertiary Scholarships and Item 9.6 Senior of the Year Award 2016, on the basis that there may be a potential perception of a conflict of interest because he may have an association with one or more of the applicants or their family or friends.  A signed declaration form was tabled by Cr Hughes for inclusion in the Register, noting that  Cr Hughes would remain in the meeting room, but take no part in debate or voting on this item.

Cr Fitzpatrick declared a non-pecuniary interest regarding 9.5 Regional Sporting Complex Master Plan on the basis that he is the Chairman of the Pambula sporting complex.  A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register noting he would remain in the meeting room and take part in debate or voting.

4.        Deputations (by prior arrangement)

Item 8.1 Planning Proposal to zone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach as B5 Business Development

Mr Fraser Buchanan who was to speak on behalf of the Bega Ratepayers Association withdrew his request to address Council

Suspension of Standing Orders

RESOLVED on the motion of Crs Allen and Mawhinney

That Standing Orders be suspended to hear the following addresses to Council.

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

Against:                  Nil

Item No 9.1     Quarterly Community Project Proposal Summary

•  Mr Daryl Dobson

Item 9.5. Regional Sporting Complexes Master Plans

•  Mr Fraser Buchanan on behalf of Pambula Soccer Club – authority supplied

·    Mr Glen Baker on behalf of Pambula Panthers AFL & Pambula Merimbula RLFC – authority supplied.

RESOLVED on the motion of Crs Fitzpatrick and McBain

That Mr Baker be granted a further 2 minutes to complete his address

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

Against:                Nil

 

The Mayor thanked those who addressed Council and for their respondes to questions from Councillors.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

7.

Adjournment into Standing Committees

56/16

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

Against:                  Nil

2.32 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

Planning Proposal to zone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach as B5 Business Development

 

The Chair asked the Director Planning and Environment to outline the process and the staff position on the proposal and to indicate if this had changed.

The Director summarised the process followed in regard to lodging a planning proposal, Council’s role and that of the NSW Gateway Planning Panel, as well as the Panel’s reasons for refusal of the previous planning proposal for the site. He noted the applicant’s current planning report addressed the appropriate technical and administrative requirements for a planning proposal as well as the Panel’s previous reasons for refusal.  He noted the staff position remains unchanged that the most appropriate zoning for the land is R3 Medium Density Residential.

 

A motion was moved by Crs Fitzpatrick  and Allen

1.         That the Planning Proposal to rezone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to B5 Business Development be endorsed.

2.         That the Planning Proposal be lodged with the NSW Department of Planning Gateway Panel.

3.         The proponent be advised of Council’s resolution.

A motion was foreshadowed by Cr Hughes

1.         That the Planning Proposal to rezone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to B5 Business Development be refused.

2.         The proponent be advised of Council’s resolution.

The motion was put to the vote and it was CARRIED

57/16

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.         That the Planning Proposal to rezone Lots 33 and 34 DP 243029 Tura Beach Drive, Tura Beach to B5 Business Development be endorsed.

2.         That the Planning Proposal be lodged with the NSW Department of Planning Gateway Panel.

3.         The proponent be advised of Council’s resolution.

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

Against:                  Crs Hughes, Seckold, Mawhinney and Taylor

 

8.2

Community Environment Grants Review

58/16

RESOLVED on the motion of Crs Mawhinney and Britten

1.          That the report be noted.

2.         That the annual budget for the Community Environment Grants Program be increased from $40,000 to $50,000 funded from the Environment Levy Special Variation in the 2016-17 budget process.

3.         That the benefits of the Community Environment Grants program be promoted.

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

Against:                  Nil

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.

3.00 pm

9.1

Quarterly Community Project Proposal Summary

 

Non-Pecuniary Interest

Cr McBain declared a non-pecuniary interest regarding Item 9.1 Quarterly Community Project Proposal Summary, on the basis that a family member is involved with the Tathra AFL Club.  Cr McBain remained in the meeting room, but took no part in debate or voting on this item.

The Chair asked the Director Community Relations and Leisure if any new matters had been raised in the address to Council.  The Director advised that in his opinion the item can be dealt with today.

 

RESOLVED on the motion of Crs Allen and Seckold

That the matter be heard as no new matters had been raised in the addresses to Council.

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

Against:                  Nil

59/16

RESOLVED on the motion of Crs Britten and Fitzpatrick

1.    That Council note those Community Project Proposals already approved namely Bermagui Skate Park - seating and shelter.

2.    That Council approve $3,500 and a letter of support for Bega Tathra Australian Football Club – Lawrence Park Upgrade.

3.    That Council provide letters of support for Bermagui Cobargo Swimming Club – upgrade of starting block,  Bega Rugby League Football Club - construction of canteen and Eden Rugby League Football Club - amenities building improvements.

4.    That Council provide a letter of support for Eden Swimming Club – pool blankets and subject to future budgetary application for $10,000 for Eden Swimming Club – winches for pool blankets.

5.    That Council note the Merimbula Pambula Panthers AFL proposal - electronic scoreboard

6.      That Council defer the Merimbula BOAT - Proposed Lake Street Walk and Eden ESSCI path and Curalo Common and ESSCI Curalo viewing platform for further investigation and workshop.

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

Against:                  Nil

DECLARED
DID NOT VOTE:
       Cr McBain

 

9.2

2016 Bega Valley Shire Council Tertiary Scholarships

 

Non-Pecuniary Interest

Cr Hughes declared a non-pecuniary interest regarding Item 9.2, 2016 Bega Valley Shire Council Tertiary Scholarships, on the basis that there may be a potential perception of a conflict of interest because he may have an association with one or more of the applicants or their family or friends. Cr Hughes remained in the meeting room, but took no part in debate or voting on this item.

RESOLVED on the motion of Cr Britten and Allen

That Council resolve on the recommendation as outlined in the Confidential Attachment.

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

Against:                  Nil

DECLARED

DID NOT VOTE:       Cr Hughes

60/16

RESOLVED on the motion of Crs Britten and Allen

1.         That Council awards the Bega Valley Tertiary Scholarships:

a)      $500 scholarships for vocational education to:

·         Emily Ferencz

·         Carl Angove

b)      That Council reallocate $1,000 vocational scholarship stream to the university scholarship stream.

c)       $1,000 scholarships for university students to

·         Jessica Ford

·         Marny Cummings

·         Hollie Russell

·         Priya Benjamin

2.         That the Tertiary Scholarships are awarded as part of the National Youth Week 2016 celebrations (8 April 2016 to 17 April 2016).

3.         That officers advise all applicants of the outcome.

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

Against:                  Nil

DECLARED
DID NOT VOTE:
       Cr Hughes

 

9.3

Naming of new library at Tura Beach

61/16

RESOLVED on the motion of Crs Britten and Allen

1.         That the report be noted.

2.         That Council endorse the name Tura Marrang Library and Community Centre for the new library and community facility located at Tura Beach.

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

Against:                  Nil

 

9.4

Licence Agreements - Old Merimbula School Site

62/16

RESOLVED on the motion of Crs Fitzpatrick and Seckold

1.         That Council, as Reserve Trust Manager of the Old Merimbula School site (R84856) Reserve, resolve to enter into a further five year licence agreement with the Merimbula Imlay Historical Society Incorporated for the occupation of the Old School House Building located on Crown Reserve 84856 at Merimbula at the annual rental fee of $510.40 per annum.

2.         That Council, as Reserve Trust Manager of the Old Merimbula School site (R84856) Reserve, resolve to enter into a five year licence agreement with the Merimbula Scout & Guide Associations for the continued occupation of the Old School Hall and section of land at the rear of Crown Reserve 84856 at Merimbula at the minimum annual rental fee as set by Crown Lands and currently $510.40 per annum.

3.         That authority be given for the Mayor and General Manager to execute both Licence agreements.

4.         That in accordance with the requirements of the Crown Lands Act, Council obtain the Minister’s formal consent to enter into both licence agreements.

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

Against:                  Nil

 

9.5

Regional Sporting Complexes Master Plans

 

Non-pecuniary interest

Cr Fitzpatrick declared a non-pecuniary interest regarding 9.5 Regional Sporting Complex Master Plan on the basis that he is the Chairman of the Pambula Sporting Complex.  Cr Fitzpatrick remained in the meeting room and took part in debate or voting.

The Chair asked the Director Community Relations and Leisure if any new matters had been raised in the address to Council.  The Director advised that in his opinion additional matters had been raised in regard to the Pambula Sporting Complex

63/16

RESOLVED on the motion of Crs Britten and Fitzpatrick

That the matters regarding Pambula Sporting Complex be deferred for further report to Council following assessment by staff of the information heard today and other items raised by Councillors for further report to Council.

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

Against:                  Nil

64/16

RESOLVED on the motion of Crs Britten and Taylor

1.         That Council adopt the Regional Sporting Complex Master Plan for Bega Sports Complex, subject to review from time to time.

2.         That users and stakeholders be notified and thanked for their interest and input into the planning projects.

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

Against:                  Nil

 

9.6

Senior of the Year Award 2016

 

Non-Pecuniary Interest

Cr Hughes declared a non-pecuniary interest regarding Item 9.6 Senior of the Year Award 2016, on the basis that there may be a potential perception of a conflict of interest because he may have an association with one or more of the applicants or their family or friends. Cr Hughes remained in the meeting room, but took no part in debate or voting on this item.

65/16

RESOLVED on the motion of Crs Britten and Mawhinney

That the matter be deferred to the Closed Session for discussion.

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

Against:                  Nil

DECLARED
DID NOT VOTE:
      Cr Councillor Hughes.

 

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

Assignment of Lease - Tathra Beach Kiosk

66/16

RESOLVED on the motion of Crs Seckold and Tapscott

1.         That Council, as Reserve Trust Manager, approve in principle the assignment of the current lease for the occupation of the Tathra Beach Kiosk, located on Crown Reserve 79310 at Tathra from Bibi’s Pty Ltd to Berlowitz and Fraser.

2.         That the Mayor and General Manager be authorised to execute the necessary documents.

3.         That in accordance with the requirements of the Crown Lands Act, Council obtain the Minister’s consent to the assignment.

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

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

Acquisition of land for road widening - Atkins Anderson Road, South Wolumla

67/16

RESOLVED on the motion of Crs Allen and Taylor

The Mayor and/or General Manager be authorised to execute the necessary documentation to effect transfer of Lot 10 DP 1097684 to the current property owner of the adjoining land Mr Wayne James Dunning, as per the executed Deed.

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

Against:                  Nil

 

11.2

Tenders for Construction Nutleys Creek Reservoir

 

RESOLVED on the motion of McBain and Britten

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

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

Against:                  Nil

68/16

RESOLVED on the motion of Crs Britten and McBain

1.         Council accept the tender submission from Hornick Constructions Pty Limited for Construction of Nutley’s Creek Reservoir as described in RFT 05/16, in the amount of $2,340,327 (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

 

11.3

RFT 06/16 Merimbula CBD Bypass - Street Lighting & Power Asset Relocation Tender

 

RESOLVED on the motion of McBain and Tapscott

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

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

Against:                  Nil

69/16

RESOLVED on the motion of Crs McBain and Tapscott

1.         That Council accept the tender from Allstate Power Pty Ltd in relation to contract for the works described in Tender RFT 06/16, in the amount of $192,000.00 (incl. GST), subject to variations and provisional sums.

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

 

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

Australian Local Government Association: National General Assembly call for motions

 

Cr Fitzpatrick and Allen

That the proposed motions be considered individually

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

Against:                  Nil

70/16

RESOLVED on the motion of Crs Britten and Fitzpatrick

That the following Motion/s for the ALGA National Assembly be forwarded to ALGA for consideration for inclusion in the Business Paper for the National Assembly:

Motion for ALGA National General Assembly – Cr Britten

That the National General Assembly call on the Australian Government to develop an Intergovernmental Agreement on the Coastal Zone in consultation with state, territory and local governments as a means of defining the roles and responsibilities of each tier of government in relation to coastal zone management.

National Objective

There is currently a lack of consistency between the approach to coastal policy and implementation adopted by the Australian, State and Territory governments. There is also, as identified by the Productivity Commission report into Barriers to effective climate adaptation, a need to clarify the roles, responsibilities and legal liability of local governments in relation to climate adaptation, and to improve their capacity to manage climate risks.

Background

Coastal councils face significant challenges in dealing with a range of pressures affecting the coastal zone, including coastal erosion and projected climate risks such as sea level rise, and gaining resources to address the impact of population growth and seasonal tourism peaks.

The Productivity Commission inquiry into Barriers to effective climate adaptation has identified several barriers to effective service delivery by local governments in the current climate.

• The roles and responsibilities of local government are not always clear. These include responsibilities for managing the risks of climate change, especially in the areas of emergency management and existing areas of settlement at risk from climate change, but also extend to many areas beyond adaptation.

• Local governments have capacity constraints. Shortages of professional and technical expertise, and financial constraints, are preventing some councils from planning for climate change and implementing effective adaptation actions. There is also inadequate information and guidance to support local government decision making. It is the responsibility of state and territory governments to ensure that councils have the capacity to fulfil their regulatory functions, including those that relate to climate change adaptation.

There is a need for more effective collaboration on coastal management and climate change matters between the three tiers of government. Such a mechanism needs to define the roles and responsibilities of the three tiers of government involved in coastal zone management, as recommended in the 2009 Coastal Inquiry report of the House of Representatives Standing Committee on Climate Change, Water, Environment and the Arts.

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

Against:                  Nil

71/16

RESOLVED on the motion of Crs Hughes and Seckold

A motion was moved by Crs Hughes and Seckold

That the following Motion/s for the ALGA National Assembly be forwarded to ALGA for consideration for inclusion in the Business Paper for the National Assembly:

Proposed Motion – Cr Hughes

That the National General Assembly call on the Australian Government to develop a national guideline for all States and Territories to ban mass balloon release.

National Objective

There is currently a lack of consistency between different State and Local jurisdictions about dealing with the release of balloons. Some jurisdictions already have limits or partial bans but this has not been effective in stopping the sale of balloons for mass release.

Balloons that are released into the air eventually come back down to earth – not necessarily in the same jurisdiction where they were released – with the potential to harm the environment and animal life, in particular birds and marine animals.

Balloons have similar effects to plastic bags and many dead animals have been found with the remnants of balloons inside them. Balloons and balloon fragments are often mistaken for food and swallowed, which can cause injury and death.

Background

Scientists have called for the release of balloons to be banned.

Balloons are a huge threat, not only to birds, but turtles and other marine life according to Fiona Maxwell, campaigner with the Australian Marine Conservation Society reported in the Sydney Morning Herald on 18 May, 2015.

Dr Jenn Lavers, a biologist at the Institute of Marine and Antarctic Studies, in Hobart, finds balloons in 5% of the seabirds she examines. Performing an autopsy on a shearwater, Dr Lavers extracted the remains of a purple balloon from its gizzard. “It was a beautiful bird, about 80 or 90 days old,” she said. “But after it died and I cut it open, this purple balloon just exploded out of it”. Worse, in the same wedge-tailed shearwater she found the remains of another, white, latex balloon. “These were blockages for its whole digestion,” said Dr Lavers “when it’s mixed in with stomach juices, the stuff becomes horrible, almost like chewing gum, and it just blocks them up”.

Even those in the balloon industry say it’s time to end the sight of massed balloons floating away at occasions such as funerals or sports celebrations. “I believe the days of the balloon release are over and done with,” said Maureen Egan, president of the Balloon Artists and Suppliers Association of Australia. “Whatever goes up, comes down, and it is going to be litter,” Ms Egan said. “It’s awful to hear about cases like this bird’s”. (SMH 18/5/15)

Mass balloon releases are already illegal in NSW and in the Sunshine Coast, Queensland but encouraging alternative forms of celebration and having the required educational campaigns are more difficult because of different approaches in different jurisdictions.

In UK many cities and regional authorities already ban balloon release. In US some States, such as California, as well as many towns prohibit the release of balloons.

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

Against:                  Crs Britten, Fitzpatrick and Allen

 

12.2

Classification of land acquired at Bega

72/16

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.         That Council note that a 28 day public notification process was completed on 18 March 2016 regarding the proposal to classify land to be acquired in Bega as operational land, with no submissions received.

2.         That Council now resolve to classify Lot 21 DP 1214150 at Bega as operational land under Section 31 of the Local Government Act 1993.

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

Against:                  Nil

 

12.3

Community Engagement Strategy for the Community Strategic Plan Review

 

Crs Tapscott and McBain

73/16

RESOLVED on the motion of Crs Tapscott and McBain

Council receive and note the Community Engagement Strategy and proposed schedule for the review of the 2017 Community Strategic Plan.

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

3:56 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

74/16

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

Against:                  Nil

15.      Delegates Reports

15.1

Country Mayors Meeting 11 March 2016

 

 

 

Council noted the report from Cr Britten that appeared in the Agenda for the Council Meeting held 6 April 2016

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

There were no responses to questions on notice

20.  Questions for the Next Meeting

20.1

Stopping Mass Release of Balloons

 

Cr Keith Hughes asked could Councillors receive a report or an indication of what support or education Council can provided to encourage people not to release balloons on mass.

The General Manager took the question on notice for referral to Council’s Waste Section’s Community Education program.

 

20.2

Littleton Gardens - consumption of alcohol

 

Cr Bill Taylor raised community concerns regarding alcohol consumption in Littleton Gardens and asked what was the process for having the gardens declared an Alcohol Free Zone.

The question was taken on notice by the Director Planning and Environment.

 

21   Items of Interest Relating to Council Business

Cr McBain

Thank you to Council staff regarding  Beach Street, kerb and guttering, turf etc is looking fantastic.

22.  Confidential Business

 

Adjournment Into Closed Session

75/16

RESOLVED on the motion of Crs McBain and Seckold

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

22.1    Bega Lands update

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

9.6       Senior of the Year Award 2016 – deferred from the Ordinary Meeting

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

Against:                  Cr Hughes

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

The Chairperson advised that the recording of the meeting would cease for the period of the Closed Session of Council.

RESOLVED on the motion of Crs Fitzpatrick and Mawhinney

That the Ordinary Meeting reconvene.

4:31 pm         The Ordinary Meeting was reconvened.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording of the Council Meeting would  recommence and reminded those present that 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.

23.  Adoption of reports from Closed Session

23.1

Bega Lands update

76/16

RESOLVED on the motion of Crs Fitzpatrick and McBain

That Council note the resolution of the Closed Session.

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

Against:                  Nil

 

23.2

2016 Senior Citizen of the Year

 

Non-Pecuniary Interest

Cr Hughes declared a non-pecuniary interest regarding Item 9.6 Senior of the Year Award 2016, on the basis that there may be a potential perception of a conflict of interest because he may have an association with one or more of the applicants or their family or friends. Cr Hughes remained in the meeting room, but took no part in debate or voting on this item.

77/16

RESOLVED on the motion of Crs Seckold and Tapscott

1.      That Council note the resolution of the Closed Session and the name of the 2016 Citizen of the Year be announced at the Golden Gig during Seniors Week.

2.      That Council award future Senior Citizen of the Year Awards as part of the Australia Day celebrations and that the Senior Citizen of the Year is further acknowledged as part of the Seniors Festival program.

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

Against:                  Nil

DECLARED
DID NOT VOTE:
       Cr Hughes

24.  Resolutions to declassify reports considered in closed session

Closure

There being no further business, the Chairperson closed the meeting at 4.34 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 6 April 2016.