PresentCr Kristy McBain, Mayor Cr Liz Seckold, Deputy Mayor Cr Tony Allen Cr Robyn Bain Cr Jo Dodds Cr Russell Fitzpatrick Cr Cathy Griff Cr Mitchell Nadin Cr Sharon Tapscott
|
In AttendanceGeneral Manager, Ms Leanne Barnes Acting Director, Transport and Utilities, Mr Ian MacFarlane Acting Director, Planning and Environment, Mr Keith Tull Director, Community, Relations and Leisure, Mr Anthony Basford Director, Strategy and Business Services, Mr Graham Stubbs 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 |
|
RESOLVED unanimously on the motion of Crs Bain and Dodds
That Item 2 Confirmation of Minutes be suspended until following the deputations.
Pecuniary Interest
Cr Fitzpatrick declared a pecuniary interest regarding Item 9.1, Construction of Trailer Parking area associated with existing freight transport facility on the basis that he is employed by Bobbin Transport who’s Directors are the property owners. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick will depart the meeting room, taking no part in debate or voting on this item.
Cr Fitzpatrick declared a pecuniary interest regarding Item 10.6, Licence Agreement Renewals on the basis that he is a board member of Southern NSW Local Health District. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick will depart the meeting room, taking no part in debate or voting on this item.
4. Deputations (by prior arrangement)
2. |
|
RESOLVED on the motion of Crs Allen and Griff That the Minutes of the Ordinary meeting and Closed session meeting held on 1 November 2017 as circulated, be taken as read, confirmed and adopted with the following amendments to the minutes of the Ordinary meeting: a) that the section of the minutes beginning with the words, “5.58 pm The Ordinary Meeting was reconvened” and ending with the words, “there being no further business, the Chairperson closed the meeting at 6.00 pm” be deleted, and, b) that the deleted words be replaced with the words, “The Ordinary meeting did not reconvene was unintentionally abandoned at the conclusion of the meeting in closed session. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
There were no petitions.
There were no Mayoral Minutes.
5. |
Adjournment into Standing Committees |
181/17 |
RESOLVED on the motion of Crs Bain and NadinThat the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
2.36 pm The Ordinary meeting adjourned and formed in the committee.
9.1 |
Construction of Trailer Parking area associated with existing freight transport facility |
|
Cr Fitzpatrick declared a pecuniary interest regarding Item 9.1, Construction of Trailer Parking area associated with existing freight transport facility on the basis that he is employed by Bobbin Transport whose Directors are the property owners. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register. Cr Fitzpatrick departed the meeting room and took no part in debate or voting on this item. 02:37 pm Cr Fitzpatrick left the meeting. |
RESOLVED on the motion of Crs Nadin and TapscottThat the Development Application (DA No. 2017.342) for earthworks and retaining wall structures for the purpose of facilitating the use of the land as a transport depot (parking of trailers) be approved in accordance with the conditions detailed in the Draft Consent attached to this report. In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Fitzpatrick
|
02:38 pm Cr Fitzpatrick returned to the meeting.
9.2 |
Planning Proposal - Existing Holdings Amend Clause 4.2A BVLEP 2013 |
RESOLVED on the motion of Crs Bain and Fitzpatrick1. That Council resolve to amend Clause 4.2A as detailed in this report. 2. That Council resolve to introduce an Existing Holdings Map. 3. That Council resolve to forward the Planning Proposal to the Department of Planning for Gateway Determination. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
10.1 |
|
|
A motion was moved by Crs Allen and Fitzpatrick 1 That Council note the report. 2. That Council adopt the following as its goal for Aquatic Facilities: To have a fit for purpose six pool aquatic facility strategy that maximises opportunities for the community and visitors to participate and enjoy facilities that meet legislative and compliance requirements and have pools and aquatic facilities that are operating at modern standards. 3. That Council determine a preferred option as the current pool and aquatic facility asset model (Expectations – Current Assets Model as per report) In favour: Crs Fitzpatrick, Bain and Allen Against: Crs Nadin, Griff, McBain, Seckold, Tapscott and Dodds It was put to the vote and LOST. 03:30 pm Cr Bain left the meeting. 03:33 pm Cr Bain returned to the meeting. RESOLVED that the motion of Crs Fitzpatrick and Allen That the matter be put. IN FAVOUR: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen AGAINST: Nil A motion was foreshadowed by Cr McBain and Tapscott 1. That Council note the report. 2. That Council adopt the following as its goal for Aquatic Facilities: To have a fit for purpose six pool aquatic strategy that maximises opportunities for the community and visitors to participate and enjoy facilities that meet legislative and compliance requirements and have pools that are operating at modern standards. 3 That Council staff develop a full profile covering capital, operational, management and funding options for discussion with Councillors and the community. It was put to the vote and CARRIED.
|
RESOLVED on the motion of Crs McBain and Tapscott1. That Council note the report. 2. That Council adopt the following as its goal for Aquatic Facilities: To have a fit for purpose six pool aquatic strategy that maximises opportunities for the community and visitors to participate and enjoy facilities that meet legislative and compliance requirements and have pools that are operating at modern standards. 3 That Council staff develop a full profile covering capital, operational, management and funding options for discussion with Councillors and the community. In favour: Crs Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Crs Fitzpatrick, Bain and Allen
|
10.2 |
|
|
RESOLVED on the motion of Crs Fitzpatrick and Bain That the matter be put. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Cr Tapscott
|
RESOLVED on the motion of Crs Fitzpatrick and AllenThat Council note the report. 1. That Council endorse Bega as the preferred location for the redevelopment of the Bega Valley Regional Gallery. 2. That Council officers undertake the required due diligence on a number of Bega sites, to report to Council prior to preparing a detailed submission to Create NSW’s Regional Cultural Fund based on the preferred location. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Cr Tapscott
|
10.3 |
|
|
RESOLVED on the motion of Crs Fitzpatrick and Bain That the matter be dealt with today. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin RESOLVED on the motion of Cr Bain and Fitzpatrick That the recommended allocations from the Confidential Attachment be adopted. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin 04:01 pm Cr Nadin left the meeting. 04:04 pm Cr Nadin returned to the meeting.
|
RESOLVED on the motion of Crs Fitzpatrick and Bain1. That Council note the report. 2. That the Access Improvement Grant Subcommittee and the Access and Inclusion Advisory Committee be thanked for their assessment and recommendations. 3. That the 2017/18 Access Improvements Grants are allocated as outlined in the summary provided to Councillors: a) Eden Killer Whale Museum Access improvements - $2,000 b) Eden Services and Social Club Inc. Lake Curalo Boardwalk link - $7,675 c) Four Winds Concerts Inc. Amphitheatre access upgrades- $3,000 d) Masonic Investments Ltd Pambula Masonic Centre access - $2,500 e) Pambula Wetlands and Heritage Project Enhancing access to Panboola - $3,360 f) St Georges Uniting Church Garden of Eden Community Project - $5,000 g) St Georges Uniting Church Accessible bathroom upgrade - $3,859 h) Tulgeen Disability Services Access all Areas project - $4,972 (conditional on community access to equipment or $3,166 if only for Tulgeen clients) i) Yuin Folk Club Access improvement – Yuin Folk Festival site - $3,749 5. That Council officers write to all applicants advising them of the outcome of their applications. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
10.4 |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
RESOLVED on the motion of Crs Seckold and Griff That the recommended allocations from the Confidential Attachment be adopted. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
RESOLVED on the motion of Crs Seckold and Griff1. That Council note the report. 2. That Council allocate funds as follows:
4. That officers write to all applicants advising them of the outcome of their applications. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
10.5 |
|
|
RESOLVED on the motion of Crs Fitzpatrick and Bain That Council adopt the recommendations from the Confidential Memorandum. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
RESOLVED on the motion of Crs Fitzpatrick and Bain1. That Council note this report. 2. That Council appoint the following nominees to Council’s Community Hall committees as indicated: 4. That Council officers advise all applicants of the outcome. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
4.14 pm
RESOLVED unanimously on the motion of Crs Dodds and Nadin
The Council take a 5 minute adjournment
04:23 pm Cr Bain left the meeting.
04:23 pm Cr Bain returned to the meeting.
10.6 |
|||||||||||||||||||||
|
RESOLVED unanimously on the motion of Crs Griff and Seckold That the motion to be dealt with today. RESOLVED unanimously on the motion of Crs Nadin and Griff That Item 2 be dealt with separately. The previous motion was withdrawn.
Cr Fitzpatrick declared a pecuniary interest regarding Item 10.6, Licence Agreement Renewals on the basis that he is a board member of Southern NSW Local Health District. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register. Cr Fitzpatrick departed the meeting room and took no part in debate or voting on this item 04:25 pm Cr Fitzpatrick left the meeting.
RESOLVED on the motion of Crs Bain and Allen That Council deal with the three Visitor Information Centres separately. In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Fitzpatrick
|
||||||||||||||||||||
RESOLVED on the motion of Crs Bain and Allen 1. Approval of a further three year Licence to Bermagui Historical Society, Four Winds and Bega Valley Meals on Wheels Cooperative, for their continued occupation of space within the Bermagui Community Centre for the new fees proposed, to be introduced over a three year period as detailed in the table below.
In favour: Crs Bain, Nadin, Griff, Seckold, Tapscott, Dodds and Allen Against: Cr McBain Absent: Cr Fitzpatrick
|
|||||||||||||||||||||
RESOLVED on the motion of Crs Bain and Allen 2. Approval of a further three year Licence to Southern NSW Local Health District for their continued occupation of space within the Bermagui Community Centre for the market current market rental fee noted in this report, plus an additional weekly cleaning fee In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Fitzpatrick |
|||||||||||||||||||||
RESOLVED on the motion of Crs Tapscott and Bain 3. Approval of a further one year Licence to Eden Community Access Centre Incorporated and for their continued occupation of space within the Eden Gateway Centre for Year 1 at the current license fee of $518 for a further review in 12 months In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
|||||||||||||||||||||
RESOLVED on the motion of Crs Allen and Nadin 4. Approval of a further one year Licence to Merimbula Tourism Incorporated , Bermagui Chamber of Commerce, and Eden Tourism their continued occupation of the current sites at the existing previous Licence Agreement $518 per annum until the tourism industry liaison review report is considered by Council In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Fitzpatrick |
|||||||||||||||||||||
RESOLVED on the motion of Crs Allen and Nadin 5. That authority be given for the Mayor and General Manager to execute the above Licence Agreements. 6. That in accordance with the requirements of the Crown Lands Act, Council obtains the Minister’s formal Consent to enter into the Licence Agreement with Merimbula Tourism Incorporated. 7. That Council adopt the amended fees and charges for use of the Bermagui Community Centre Hall and Meeting Rooms as follows:
In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Fitzpatrick |
04:56 pm Cr Fitzpatrick returned to the meeting.
There were no Economic Development and Business Growth reports.
12.1 |
|
|
RESOLVED on the motion of Crs Bain and Nadin That Council adopt the recommendations from the Confidential Memorandum. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil
|
RESOLVED on the motion of Crs Bain and Nadin1. That Council accept the tender from Cleanaway Pty Ltd in relation to contract for the services described in Tender 78/17, in the amount of $15,998,083.65 (excluding 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 Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
13.1 |
|
RESOLVED on the motion of Crs Seckold and DoddsThat the 2016-17 Annual Report be endorsed and published on Bega Valley Shire Council website, provision of hard copies to Bega Valley Shire Council library branches and lodged with the NSW Office of Local Government. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
13.2 |
|
RESOLVED on the motion of Crs Tapscott and SeckoldThat Council endorses the Internal Audit Committee Annual Report 2016/17. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
14.1 |
|
RESOLVED on the motion of Crs Dodds and NadinThat Council note the tabled audited 2016/17 Financial Statements. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
5.19 pm The Ordinary Meeting was reconvened.
12. |
Adoption of reports from Standing Committees |
198/17 |
RESOLVED on the motion of Crs Nadin and TapscottThat the following motions recorded in the Standing Committees, including votes for and against, be adopted in and by the Ordinary Council Meeting: 9.2 Planning Proposal - Existing Holdings Amend Clause 4.2A BVLEP 2013 10 Staff Reports – Community, Culture and Leisure 10.1 Aquatic Facilities Strategy 10.2 Bega Valley Regional Gallery Redevelopment 10.3 Access Improvement Grants 10.4 Festivals and Events Grants 2018 10.5 Community Hall Committee Nominations 12.1 RFT 78/17 Waste Collection Services Tender 13.1 2016 - 17 Annual Report 13.2 Internal Audit Committee Annual Report 2016/17 14.1 Financial Statements In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
|
05:20 pm Cr Fitzpatrick left the meeting. The following items were subject to Pecuniary interest declaration by Councillors: Item 9.1, Construction of Trailer Parking area associated with existing freight transport facilityCr Fitzpatrick’s pecuniary interest as declared was noted. Item 10.6, Licence Agreement Renewals Cr Fitzpatrick’s pecuniary interest as declared was noted. He departed the meeting room and took no part in debate and voting on the matter. RESOLVED on the motion of Crs Tapscott and NadinThat the recommendation of the Standing Committee be adopted. In favour: Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Fitzpatrick |
05:20 pm Cr Fitzpatrick returned to the meeting.
16.1 |
|
|
The report was noted. |
|
|
14. Rescission/alteration Motions
There were no rescission/alteration motions.
18.1 |
|
RESOLVED on the motion of Crs Allen and BainNotice of MotionThat Council officers present a report to Council which examines the opportunity to amend the timeframes to a 4 week associated with the 1.1 m secondary opening trigger for Wallaga Lake. In favour: Crs Fitzpatrick, Bain, Nadin, McBain, Dodds and Allen Against: Crs Griff, Seckold and Tapscot |
19.1 |
Cr Fitzpatrick - Further Question regarding Woodlands Lane, Bald Hills |
|
The response published in the Agenda for the meeting of 22 November, 2017 was noted. |
19.2 |
|
|
The response published in the Agenda for the meeting of 22 November, 2017 was noted. |
|
Adjournment Into Closed Session |
200/17 |
RESOLVED on the motion of Crs Bain and Nadin1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 21.1 Organisational Structure - senior staff positions 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. 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 Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil |
The Chairperson advised that the recording of the meeting would cease for the period of the Closed Session of Council.
6.13 pm The Ordinary Meeting was reconvened.
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.
22.1 |
Closed Session Report 21.1Organisational Structure - Senior staff positions |
|
RESOLVED on the motion of Crs Allen and Nadin That Council adopt the recommendation for the senior officer structure to be amended to three positions: · Director responsible for assets strategy, projects, works, water, sewer, waste, recreation and leisure · Director responsible for planning and sustainability, economic strategy and projects, community and cultural assets, community connections and support · Director responsible for our people and governance and organisational planning, finance and reporting, certification and compliance, and internal services In favour: Crs Fitzpatrick, Bain, Nadin, McBain, Seckold, Tapscott and Allen Against: Crs Griff and Dodds |
There being no further business, the Chairperson closed the meeting at 6.19 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 22 November 2017.