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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 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 |
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.
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 |
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2. |
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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 |
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)
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.
7. |
Adjournment into Standing Committees |
138/16 |
RESOLVED on the motion of Crs Fitzpatrick and MawhinneyThat 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.
In accordance with Council’s Code of Meeting Practice, Cr Taylor assumed the chair for this section of the agenda.
8.1 |
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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 TapscottThat 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 Allen1. 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.
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RESOLVED on the motion of Crs Fitzpatrick and Allen1. 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
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02:41 pm Cr McBain returned to the meeting.
02:41 pm Cr Britten returned to the meeting.
Nil reports.
In accordance with Council’s Code of Meeting Practice, Cr McBain assumed the chair for this section of the agenda.
10.1 |
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A memo was tabled by the Director, Strategy and Business Services.
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RESOLVED on the motion of Crs Britten and Tapscott1. 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
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In accordance with Council’s Code of Meeting Practice, Cr Fitzpatrick assumed the chair for this section of the agenda.
2.59pm
11.1 |
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RESOLVED on the motion of Crs Britten and Seckold1. 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
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11.2 |
Natural Disaster Emergency Declaration - Direct Negotiation Procurement – Tathra Wharf |
RESOLVED on the motion of Crs Britten and Seckold1. 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 |
In accordance with Council’s Code of Meeting Practice, Cr Mawhinney assumed the chair for this section of the agenda.
12.1 |
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RESOLVED on the motion of Crs Tapscott and McBainThat Council note the major projects update report. In favour: Crs McBain, Hughes, Tapscott, Seckold, Britten, Mawhinney, Taylor, Fitzpatrick and Allen Against: Nil |
12.2 |
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RESOLVED on the motion of Crs Tapscott and SeckoldThat 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 |
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RESOLVED on the motion of Crs Seckold and McBainThat 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 |
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RESOLVED on the motion of Crs Britten and McBainThat 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 |
RESOLVED on the motion of Crs McBain and TapscottThat 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 |
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An AMENDMENT was moved by Crs Britten and TaylorThe 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.
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RESOLVED on the motion of Crs Britten and TaylorThe 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. |
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 |
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RESOLVED on the motion of Crs Taylor and Allen1. 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 |
RESOLVED on the motion of Crs Mawhinney and Tapscott1. 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 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 |
15.1 |
2016 Conference of the National Climate Change Adaptation Research Facility (NCCARF) |
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The report was noted. |
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16. Rescission/alteration Motions
There were no rescission/alternation motions.
There were no notices of motion.
There was no urgent business
19.1 |
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The report was noted. |
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There were no questions for the next meeting.
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”.
There was no confidential business.
There was no closed session.
There was no closed session
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.