Ordinary Meeting Minutes
Held on Wednesday 8 June 2016
At Council Chambers, Biamanga Room Bega Commemorative Civic Centre Commencing at 2.00 pm
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PresentCr 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
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In AttendanceGeneral Manager, Ms Leanne Barnes Director, Transport and Utilities, Mr Terry Dodds 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 Kelly McDowall |
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.
MAYOR INTRODUCTORY NOTES
I would like to commence today by commenting on recent events affecting the Shire.
Firstly the recent major weather events that have affected much of the Shire.
1. FLOODS
Thank you to the volunteers, SES, emergency services and Council staff for their work over the weekend. There was a huge effort with specialist teams from Sydney and Victoria supporting local responders. Council undertook a number of pre incident activities to try and minimise impact on some structures. Staff are currently undertaking assessments of infrastructure damage and an application for disaster funding will be lodged.
Secondly I would like to put in perspective the recent visit by both our Prime Minister, The Hon. Malcolm Turnbull, MP; The Hon. Dr Peter Hendy, MP; the Premier of NSW, The Hon. Mike Baird MP and The Hon, Andrew Constance, MP.
The announcements made which I will summarise below are a welcome response by both levels of government to initiatives to stimulate growth and economic benefits for our community that have been driven by this Council and staff and community over the last 7 to 8 years and I look forward to seeing the results of that investment in our Shire.
In Summary:
2. FUNDING ANNOUNCEMENTS
EDEN WHARF
Stage 1
· Council redirected from Imlay Street -$2m
· Federal Government 2013 - $10m
· State Government- $3m
Stage 2 announced May 2016
· State Government Option 3 for 300m plus ships - $29m
Safe Harbour
· State Government announced 2014 - $10m
MERIMBULA AIRPORT
· Stage 1 – State Government Restart NSW, Regional Tourism (Regional Airports) December 2015 - $990k fire emergency water supply
· Stage 2 – State Government Restart NSW, Regional Tourism (Regional Airports) May 2016 $4.4m runway extension north, seal runway extension safety area south
· National Stronger Regions Fund (NSRF) application announced by Federal Government May 2016 $1.2m + Council contribution NSRF for works to current terminal to include passenger security and baggage handling, facility for freight and car parking
There are reports in today's business paper which deal with moving forward with economic development in the shire and I look forward to councillors input on these issues .
1. |
Apologies |
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2. |
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RESOLVED on the motion of Crs Seckold and Taylor That the Minutes of the Ordinary Meeting held on 18 May 2016 as circulated excluding: Item 23.1 Closed Session Item 22.1 Merimbula Land Matters and Item 24.1 Declassification Closed Item 22.1 Merimbula Land Matters With these items referred to Closed Session 8 June 2016, be taken as read and confirmed, with the following amendment: The Question on Notice from Cr Allen read: 20.6 Tura Murrang LibraryCr Allen asked could Councillors receive a complete financial reconciliation of the Tura Beach library project from purchase to completion including and assessment of staff time involved in the project and also including the business plan for the project. The question was taken on notice by the Director, Community Relations and Leisure. In favour: Crs McBain, Hughes, Seckold, Mawhinney, Taylor, Fitzpatrick and Allen Against: Nil Abstained: Crs Councillor Tapscott and Councillor Britten
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3. Declarations
Pecuniary Interest
Cr Britten declared a pecuniary interest regarding Item 8.1, Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivisions on the basis that he is a Director of a company owning land in Pambula with a possible zoning conflict. A signed declaration form was tabled by Cr Britten for inclusion in the Register.
Cr Britten will depart the meeting, taking no part in debate or voting on this item.
Cr Britten declared a pecuniary interest regarding Item S.1, Merimbula Land Matters on the basis that he is a Director of a company owning commercial land in Merimbula. A signed declaration form was tabled by Cr Britten for inclusion in the Register.
Cr Britten will depart the meeting, taking no part in debate or voting on this item.
Non Pecuniary Interest
Nil
4. Deputations (by prior arrangement)
RESOLVED on the motion of Crs Fitzpatrick and Mawhinney
That Standing Orders be suspended to allow the following persons to address Council regarding:
Item 8.1 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision
• Mr Greg Ferguson
· Mr Kel Stolzenhein
In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen
Against: Nil
Mr Ferguson addressed Council.
RESOLVED on the motion of Crs Fitzpatrick and Mawhinney
To grant Mr Ferguson an extension of two minutes to complete his address.
In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen
Against: Nil
Mr Ferguson addressed Council and responded to questions from Councillors.
Mr Stolzenhein addressed Council.
RESOLVED on the motion of Crs Taylor and Fitzpatrick
To grant Mr Stolzenhein an extension of two minutes to complete his address.
In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen
Against: Nil
Mr Stolzenhein addressed Council and responded to questions from Councillors.
The Mayor thanked the presenters for their deputations.
There were no petitions.
There were no mayoral minutes.
7. |
Adjournment into Standing Committees |
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90/16 |
RESOLVED on the motion of Crs Mawhinney and AllenThat 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 |
2.35 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.
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8.1 |
Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision |
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Cr Britten declared a pecuniary interest regarding Item 8.1, Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivisions on the basis that he is a Director of a company owning land in Pambula with a possible zoning conflict. A signed declaration form was tabled by Cr Britten for inclusion in the Register. Cr Britten departed the meeting room, taking no part in debate or voting on this item. 02:35 pm Cr Britten left the meeting. A motion was moved by Crs McBain and MawhinneyThat the matter be deferred for a site visit by Councillors. It was put to the vote and it was CARRIED. |
RESOLVED on the motion of Crs McBain and MawhinneyThat the matter be deferred for a site visit by Councillors. In favour: Crs McBain, Hughes, Tapscott, Seckold, Mawhinney and Taylor Against: Crs Fitzpatrick and Allen absent: Cr Britten |
02:42 pm Cr Britten returned to the meeting.
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8.2 |
Alterations and additions to existing dwelling - Lot 246 DP 1038569, 45 Park Lane, Bournda |
RESOLVED on the motion of Crs Tapscott and FitzpatrickThat Development Application No. 2016.126 for alterations and additions to the existing dwelling is approved subject to conditions as outlined in the draft Consent attached to this report. In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Nil |
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8.3 |
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RESOLVED on the motion of Crs Britten and Seckold1. That Council places the Use of Public Land – Local Approvals Policy on public exhibition for a period of 42 days. 2. That following the exhibition period, the Policy be adopted or, if material feedback is received, a further report be presented to Council for consideration. In favour: Crs McBain, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Cr Hughes |
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8.4 |
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RESOLVED on the motion of Crs Fitzpatrick and Allen1. That Council resolves to zone the following land; Lots 1, 2, 3 DP 1077434, Lot 242 DP 750190, Lot 297 DP 728021, Lots 2381 & 2382 DP 873277, Lots 7005 & 7006 DP 1057325 Lot 2492 DP 732066, Lot 250 DP 750190, Lot 1 DP 502251 Newtown Road, Boundary Road & East Street, Bega in accordance with the Planning Proposal included as Attachment 1 to this report.2. The Planning Proposal be lodged with the NSW Department of Planning and Environment for Gateway determination. In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Nil |
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8.5 |
Planning Proposal to rezone land at Sapphire Coast Drive, Wallagoot |
RESOLVED on the motion of Crs Britten and Tapscott1. That Council resolve to zone Lots 34 DP 875572, Lot 42 DP 815711 and Lot 85 DP 750194 Sapphire Coast Drive, Wallagoot in accordance with the Planning Proposal included as Attachment 1 to this report.2. The Planning Proposal be lodged with the NSW Department of Planning and Environment for Gateway determination.In favour: Crs McBain, Tapscott, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Crs Hughes and Seckold |
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.
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9.1 |
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RESOLVED on the motion of Crs Britten and McBain1. That Council note the report. 2. That Council provide in-principle support to the proposal from the Bureau of Accessible Tourism (BOAT) for the design and construction of a path, suitable for walking and cycling, along Lake Street Merimbula from Rotary Park to the Merimbula Wharf on the basis that it does not create a cost impost on Council. 3. That Council provide BOAT with a letter of support for the proposal from the Mayor and that officers provide a list of potential requirements to undertake such a project. 4. That Council agree to hold funds for the project in trust should BOAT secure grants or other funding towards the project. In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Nil |
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9.2 |
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RESOLVED on the motion of Crs Fitzpatrick and Britten1. That Council note the report. 2. That Council adopt the Regional Sporting Complex Master Plan for Pambula Sporting Complex. 3. That users and stakeholders be notified and thanked for their interest and input into the process. In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Nil |
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.
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10.1 |
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RESOLVED on the motion of Crs Britten and Seckold1. That Council note that a 28 day public notification process was completed on 6 May 2016 regarding the proposal to classify land acquired in Eden as operational land, with no submissions received. 2. That Council resolve to classify Lot 14 DP 250841 at Eden 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 |
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10.2 |
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RESOLVED on the motion of Crs Britten and Mawhinney1. That Council note the funding commitments from the State and Federal Governments. 2. That Council activate the $1.2m budget provision in the 2017 Operating Budget. 3. That Council resolve to update the Merimbula Regional Airport Masterplan with the latest research and analysis, considering the altered forecasts surrounding this project and report back to Council for adoption. 4. That Council authorise the General Manager to execute any necessary documents relating to the acceptance and governance of the relevant funding commitments from the State and Federal Government. In favour: Crs McBain, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Cr Hughes |
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10.3 |
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RESOLVED on the motion of Crs Mawhinney and SeckoldThat Council note the report. 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.
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11.1 |
North Bega Sewerage Pumping Station and Rising Main Proposal for Detailed Design |
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RESOLVED on the motion was moved by Crs Britten and McBainThat Council accept the recommendations as outlined in the Confidential Memorandum attached to this report. In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Nil
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RESOLVED on the motion of Crs Britten and McBain1. That Council accept the proposal from NSW Public Works (NSW Water Solutions) in relation to the detailed design of a new sewage pumping station (SPS) at North Bega and associated rising main in the amount of $240,725 (including GST), subject to variations and provisional items. 2. That authority is delegated to the General Manager to execute all necessary documentation. In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Nil |
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11.2 |
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RESOLVED on the motion of Crs Britten and Seckold1. That the proposed ‘Order’ and restriction on the use of land vested in prescribed authority pertaining to Lot 402 DP 1191314 at Wolumla (Central Waste Facility site) as presented to Council on 8 June 2016, be executed by the General Manager and/or Mayor and registered with Land and Property Information. 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.
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12.1 |
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RESOLVED on the motion of Crs Fitzpatrick and Allen1. That Council, as Reserve Trust Manager of The Zane Grey and Dickenson Park (R83225) Reserve, resolve to enter into a further 5 year licence agreement with the Bermagui Big Game Anglers Club for the occupation of the radio room located on Crown Reserve 83225 at Bermagui at the annual rental fee of $1,500 per annum. 2. That authority be given to the Mayor and General Manager to execute the licence agreement. 3. That in accordance with the requirements of the Crown Lands Act, Council obtains the Minister’s formal Consent to enter into the licence agreement. In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Nil |
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12.2 |
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RESOLVED on the motion of Crs Britten and TapscottThat Councillor Taylor attends the 2016 Climate Adaptation 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 |
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12.3 |
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RESOLVED on the motion of Crs Tapscott and SeckoldThat Council note its support for the extension of Part 6 A of the Protection of the Environment Operations (Clean Air) Regulation 2015 to the three regional ports in NSW. In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen 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.
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13.1 |
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RESOLVED on the motion of Crs Fitzpatrick and Mawhinney1. That Council note this report. 2. That Council resolve a target of approximately 1% saving against Contract estimates being in total $400,000 held against the relevant fund, during the 2017 financial year. 3. That Council endorse the implementation of the Operational Efficiency Reserve and the associated process of reporting gains against contract expenditure to Council each Quarter through the QBRS process. In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Nil |
3.48 pm The Ordinary Meeting was reconvened.
14. |
Adoption of reports from Standing Committees |
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RESOLVED on the motion of Crs Mawhinney and SeckoldThat 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 |
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15.1 |
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The delegates report was noted. |
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Cr Mawhinney reported on her attendance at the:
· Councils Section 355 General Halls and Buildings Committee meeting where the group confirmed their recommendations for allocations of hall maintenance funding for 2016/17.
· Internal Audit Committee (IAC) Meeting and urged Councillors to read the IAC audits as prepared.
16. Rescission/alteration Motions
There was no rescission/alteration motions
There was no notices of motion.
18. Urgent Business
There was no urgent business.
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19.1 |
Meeting Room Names at Tura Marrang Library and Community Centre |
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The report was noted. |
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19.2 |
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The report was noted. |
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20. Questions for the Next Meeting
Cr Tapscott asked would Council advise what is the current situation with the land holders around Central Waste Facility (CWF). There are issues with litter and smell. Does Council conduct a monthly audit and review of our procedures?
The question relating to monthly audits was taken on notice by the Director, Transport and Utilities.
The Director, Transport and Utilities advised in that relation to the rest of the questions that staff meet with the EPA regularly via phone and face to face meetings. Recently the site has experienced extreme winds. Three vehicles turned up at once to unload quickly. The staff member tried quickly to cover the loads before the extreme winds.
Mr Dodds has been speaking with staff regarding smell, and is reviewing processes and undertaking a gap analysis.
Council is working closely with regulator, the EPA.
There is a meeting on Friday 10 June 2016 with Mr Terry Dodds (Director, Transport and Utilities),Toby Browne (Waste & Recycling Manager), Cr Michael Britten (Mayor) with the landowners and EPA. The next CWFC Group meeting is to be held in August.
Mr Dodds assured Council that staff are taking the landowners concerns seriously.
21 Items of Interest Relating to Council Business
Cr Seckold reported that she attended:
The University of Wollongong Business Partnership Forum where Bega Valley Shire Council was praised for their participation.
The 2016 Regional Wellbeing Survey Workshop
The workshop:
o discussed the wellbeing of rural and regional Australians and their views about issues ranging from the liveability of their communities to coping with drought, environmental health and changing land management
o led by Jacki Schirmer, the Regional Wellbeing Survey Project Leader and Associate Professor University of Canberra Health Research Institute on 2 and 3 June.
o In-depth briefing on findings of 2015 on community liveability, resilience, wellbeing, agriculture and farming, natural resource management and water management were provided.
o early look before the results are launched in Canberra on 19 June at the Australian Local Government Association annual Conference.
Cr McBain reported that the tour of the Tura Marrang Library and Community Centre was amazing and encouraged the community to attend the opening on the 25 June 2016.
22. Confidential Business
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Adjournment Into Closed Session |
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107/16 |
RESOLVED on the motion of Crs Mawhinney and Tapscott1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: S.1 Merimbula Land Matters 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 and (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.
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.
4.18 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.
23. Adoption of reports from Closed Session
24. Resolutions to declassify reports considered in closed session
Closure
There being no further business, the Chairperson closed the meeting at 4.18 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 8 June 2016.