Draft Ordinary Meeting Minutes

Held on Wednesday 10 August 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 Terry Dodds

Acting Director, Planning and Environment, Mr Keith Tull

Director,  Community, Relations and Leisure, Mr Anthony Basford

Director,  Strategy and Business Services, Mr Lucas Scarpin

Executive Manager Organisational Development and Governance, Ms Nina Churchward

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.

1.

Apologies

 

There were no apologies.

 

 

2.

Confirmation of Minutes

 

RESOLVED on the motion of Crs Mawhinney and Seckold

That the Minutes of the Ordinary Meeting and Closed session held on 20 July 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

Pecuniary Interest

Cr McBain declared a pecuniary interest regarding Item 8.1, Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision, on the basis that she is employed as a solicitor at the law firm that has engaged a party to the application.  A signed declaration form was tabled by Cr McBain for inclusion in the Register noting Cr McBain will depart the meeting room, taking no part in debate or voting on this item.

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 subdivision, on the basis that he is the Director of a company in a zoning that may conflict.  A signed declaration form was tabled by Cr Britten for inclusion in the Register, noting Cr Britten will depart the meeting room, taking no part in debate or voting on this item.

4.        Deputations (by prior arrangement)

RESOLVED on the motion of Crs Taylor and Mawhinney

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

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

Against:                  Nil

Item No 8.1          Planning matters from Council meeting 20 July 2016

Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision   

·           Sam Pickersgill

·           Glen Baker

·           Rodney Thompson on behalf of Core Retail Management and Development Pty Ltd

 

The Mayor called for Mr Pickersgill.  Mr Pickersgill was not present.

 

Mr Baker addressed Council.

RESOLVED on the motion of Crs Fitzpatrick and Taylor

To grant Mr Baker 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 Baker addressed Council and responded to questions from Councillors.

 

The Mayor asked if Mr Pickersgill was present.  There was no response.

 

Mr Thompson addressed Council.

5.        Petitions

There were no petitions.

6.        Mayoral Minutes

 

6.1

National Disaster Repair and Recovery Arrangements (NDRRA) Policy Review

 

Recommendation

That Council resolve to present a motion to the  Local Government NSW (LGNSW) annual conference

             That LGNSW advocate for an urgent review of the current State and Federal Government policy and requirements with regard to the National Disaster Relief and Recovery Arrangements and particularly how they relate to State owned assets (on Crown Reserves) held in Trust by local government.  Further, that LGNSW call upon the Institute of Public Works Engineering Australia (IPWEA) to partner in this approach.

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

Against:                  Nil

 

7.

Adjournment into Standing Committees

138/16

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

2.12 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 matters from Council meeting 20 July 2016

 

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 subdivision, on the basis that he is the Director of a company in a zoning that may conflict.  A signed declaration form was tabled by Cr Britten for inclusion in the Register. 

 

Cr McBain declared a pecuniary interest regarding Item 8.1, Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision, on the basis that she is employed as a solicitor at the law firm that has engaged a party to the application.  A signed declaration form was tabled by Cr McBain for inclusion in the Register.

 

02:12 pm     Cr McBain left the meeting, taking no part in debate or voting on this item.

02:12 pm       Cr Britten left the meeting, taking no part in debate or voting on this item.

 

There was two matters as part of this report:

Item 8.2 Strategic Directions for nine deferred sites in the Bega Valley LEP 2013

(Item 8.2 Planning matters from Council meeting 20 July 2016)

·         The Chair noted that this item in the report was not considered as no written advice from the Department of Planning had been received.

Item 8.8 Construction of supermarket and liquor store and associated car parking, signage, earthworks and 2 lot subdivision

(Item 8.8 Planning matters from Council meeting 20 July 2016)

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

That the matter be heard today.

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

Against:                  Nil

Absent:                    Crs McBain and Britten

 

An AMENDMENT was moved by Crs Fitzpatrick and Allen

1.          That Development Application No. 2015.437 being for the construction of a supermarket and liquor store, associated car parking, signage, earthworks and 2 lot subdivision at Lot 11 DP 835239 Merimbola Street, Pambula be approved subject to the draft Consent included as Attachment 2 to this report.

2.          That an additional condition be added as Point i) (a) of the draft conditions worded to cover the construction of a concrete footpath linking the development to the Pambula CBD by connecting via Whitby Lane and include duplicate dot points from the condition i) covering engineering construction requirements for the path.

3.          That those persons who made a submission be advised of Council’s decision.

The AMENDMENT was CARRIED.

 

A motion was foreshadowed by Cr Hughes

That Council seek a further report from staff including grounds for refusal relating to the impact of the development on neighbouring properties.

 

139/16

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.          That Development Application No. 2015.437 being for the construction of a supermarket and liquor store, associated car parking, signage, earthworks and 2 lot subdivision at Lot 11 DP 835239 Merimbola Street, Pambula be approved subject to the draft Consent included as Attachment 2 to this report.

2.          That an additional condition be added as Point i) (a) of the draft conditions worded to cover the construction of a concrete footpath linking the development to the Pambula CBD by connecting via Whitby Lane and include duplicate dot points from the condition i) covering engineering construction requirements for the path.

3.          That those persons who made a submission be advised of Council’s decision.

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

Against:                  Crs Hughes and Tapscott

Absent:                    Crs McBain and Britten

 

02:41 pm       Cr McBain returned to the meeting.

02:41 pm       Cr Britten returned to the meeting.

 

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

Nil reports.

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 CBD Short Term Car Parking Options

 

A memo was tabled by the Director, Strategy and Business Services.

 

140/16

RESOLVED on the motion of Crs Britten and Tapscott

1.         That Council note the report and plans for interim parking solutions in Merimbula for the 2016/17 summer period as outlined on pages 12 and 13 of this report.

2.         That Council note the information contained in this report relating to the current bridge and path connecting the Berrambool parking and the CBD, and refer consideration of any future works to improve this area to the upcoming asset management plan review

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.

2.59pm

11.1

Storm event of June 2016 update

141/16

RESOLVED on the motion of Crs Britten and Seckold

1.          That Council note the effects of the 5 June, 2016 East Coast Low Event and the potential financial, operational and policy ramifications.

2.          That Council follow up the need for assistance with both Federal and State members as a matter of priority..

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

Against:                  Nil

 

 

11.2

Natural Disaster Emergency Declaration - Direct Negotiation Procurement – Tathra Wharf

142/16

RESOLVED on the motion of Crs Britten and Seckold

1.         That Council note the effects of the 5 June, 2016 East Coast Low Event, and the damage sustained to the Tathra Wharf.

2.         That Council authorise the General Manager, and in her absence the Director of Transport and Utilities, to enter into direct negotiations with any entity with a view to entering into contracts in relation to the subject matter of this report in accordance with Clause 55 (3) (dot point 9) of the Local Government Act 1993.

3.         That Council authorise the General Manager, and in her absence the Director of Transport and Utilities, to enter into contracts with any entity identified through direct negotiations in relation to the subject matter of this report in accordance with Clause 55 (3) (dot point 9) of the Local Government Act 1993, for a period not exceeding 3 months from the date of approval.

4.          That Council authorise the General Manager, and in her absence the Director of Transport and Utilities to identify the appropriate funds to bridge Council’s commitment until other funding is made available.

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

Against:                  Cr Allen

 

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

Major projects quarterly update

143/16

RESOLVED on the motion of Crs Tapscott and McBain

That Council note the major projects update report.

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

Against:                  Nil

 

12.2

Actions from resolutions of Council - Status Report

144/16

RESOLVED on the motion of Crs Tapscott and Seckold

That Council note the status reports on actions from Council’s Resolutions for the period 1 April 2016 to 30 June 2016

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

Against:                  Nil

 

12.3

Memorandum of Understanding with Eurobodalla Shire Council

145/16

RESOLVED on the motion of Crs Seckold and McBain

That Council notes report outlining the outcomes from the first six months of implementation of the Memorandum of Understanding with Eurobodalla Shire Council.

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

Against:                  Nil

 

12.4

End of Term report

146/16

RESOLVED on the motion of Crs Britten and McBain

That Council note the End of Term report for the period September 2012 to August 2016 and publish the report to the Council website.

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

Against:                  Nil

 

12.5

Local Government NSW Annual Conference 2016 - submission of motions by Bega Valley Shire Council

147/16

RESOLVED on the motion of Crs McBain and Tapscott

That the following motions be submitted online on the Local Government NSW website by COB Monday, 22 August 2016.

-      Improved access for people with a disability motion

-      National Disaster Repair and Recovery Arrangements (NDRRA) Policy Review motion

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

Against:                  Nil

 

12.6

Request from Canberra Region Joint Organisation to consider membership

 

An AMENDMENT was moved by Crs Britten and Taylor

The Council join the Canberra Region Joint Organisation (CBRJO) for a period of one year and pay the appropriate membership fees.

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

Against:                  Crs Hughes, Fitzpatrick and Allen

The Amendment was CARRIED.

 

A motion was foreshadowed by Cr Hughes

That Council consider the membership request from the Canberra Region Joint Organisation.

 

148/16

RESOLVED on the motion of Crs Britten and Taylor

The Council join the Canberra Region Joint Organisation (CBRJO) for a period of one year and pay the appropriate membership fees.

IN FAVOUR:       Crs McBain, Tapscott, Seckold, Britten, Mawhinney and Taylor

AGAINST:    Crs Hughes, Fitzpatrick and Allen.

 

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. 

3:41 PM

13.1

Referral of 2016 Financial Statements to Audit

149/16

RESOLVED on the motion of Crs Taylor and Allen

1.    That Council resolve that The Council’s general purpose financial report is prepared in accordance with:

a)       The Local Government Act 1993 (as amended) and the Regulations made there under; and

b)       The Australian Accounting Standards and professional pronouncements; and

c)       The Local Government Code of Accounting Practice and Financial Reporting; and

d)       Presenting fairly the Council’s operating result and financial position for the year; and

e)       According with Council’s accounting and other records.

2.    The Council’s Special Purpose Financial Reports are prepared in accordance with:

a)       NSW Government Policy Statement “Application of National Competition Policy to Local Government”; and

b)       Office of Local Government Guidelines “Pricing and Costing for Council Businesses: A Guide to Competitive Neutrality”; and

c)       The Local Government Code of Accounting Practice and Financial Reporting; and

d)       The Department of Water and Energy Best Practice Management of Water Supply and Sewerage Guidelines.

e)       Presenting fairly the operating result and financial position for each of Council’s declared Business Activities for the year; and

f)          According with Council’s accounting and other records.

3.      That the signatories be required to confirm they are not aware of any matter that would render the reports false or misleading in any way, and include such information in the statement.

4.      That Council authorise the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer to execute the statement required by Section 413(2)(c) of the Local Government Act 1993.

5.      That Council endorse the referral of General Purpose Financial Report and Special Purpose Financial Reports to Council’s Auditor for audit.

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

Against:                  Nil

 

13.2

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

150/16

RESOLVED on the motion of Crs Mawhinney and Tapscott

1.         That Council receive and note the attached report indicating Council’s Investment position.

2.         That Council note the Certificate of the Responsible Accounting Officer.

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

Against:                  Nil

3.44 pm         The Ordinary Meeting was reconvened.

14.

Adoption of reports from Standing Committees

151/16

RESOLVED on the motion of Crs Mawhinney and Seckold

That all motions recorded in the Standing Committees, including votes for and against and acknowledging declarations of interest already made, be adopted in and by the Ordinary Council Meeting.

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

Against:                  Nil

15.      Delegates Reports

 

15.1

2016 Conference of the National Climate Change Adaptation Research Facility (NCCARF)

 

The report was noted.

 

 

16.      Rescission/alteration Motions

There were no rescission/alternation 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

Lucas Brothers Story and Recognition

 

The report was noted.

 

 

20.  Questions for the Next Meeting

There were no questions for the next meeting.

21   Items of Interest Relating to Council Business

Cr Seckold reported she attended:

·           Eurobodalla Shire Council Candidate information session

·           NAIDOC celebrations in Bega

·           Launch of the new aviary temperate Australia at On the Perch, Tathra

·           Salvation Army launch of new store in Gipps Street

·           Littleton Gardens replanting of native trees

·           Shirley Hannon exhibition

Cr McBain reported that she attended the Bega Valley Business Forum and received praise regarding the Economic Summit” great event and program”.

22.  Confidential Business

There was no confidential business.

23.  Adoption of reports from Closed Session

There was no closed session.

24.  Resolutions to declassify reports considered in closed session

There was no closed session

Closure

There being no further business, the Chairperson closed the meeting at 3.51pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 10 August 2016.