Ordinary Meeting Minutes

Held on Wednesday 31 January 2018

At Council Chambers, Biamanga Room BVCCC Bega

Commencing at 2.00 pm

 


 Present

Cr 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 Attendance

General 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 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

1/18

RESOLVED on the motion of Crs Fitzpatrick and Bain

That Cr Allen’s apology for today’s meeting be accepted.

That Cr Nadin’s request for a leave of absence from 9 February, 2018 until 3 March 2018 be

accepted.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

 

 

Alteration of standing orders

2/18

RESOLVED on the motion of Nadin and Bain

That Item 4, Deputations to Council be hear prior to Item 2 Confirmation of the Minutes

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

2.        Deputations (by prior arrangement)

 

Suspension of Standing Orders

3/18

RESOLVED on the motion of Cr Griff and Seckold

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

Item 2, Confirmation of the Minutes-

Mr David Jesson:  adoption of the minutes of the Ordinary and Closed Session meetings held on 13 December 2017

Item 11.2 RFT 13/17 Sale of 142-144 Imlay Street, Eden (former Hotel Australasia

Mr Peter Whiter

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

 

Mr Jesson addressed the meeting.

RESOLVED unanimously on the motion of Crs Tapscott and Seckold

That Mr Jesson be given a further two minutes to complete his address.

Mr Jesson responded to questions from Councillors.

The Mayor thanked Mr Jesson for his address.

Mr Whiter addressed the meeting and responded to questions from Councillors.

The Mayor thanked Mr Whiter for his address.

 

3.

Confirmation of Minutes

4/18

RESOLVED on the motion of Crs Dodds and Tapscott

That the matter be deferred to consider and include the items raised in the address to Council by Mr Jesson.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

 

 

4.    Declarations

Non Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 14.1 Investments Report - November and December 2017on the basis that he is a Director of the Pambula and Community Bank who hold the ownership of the Pambula and Bega Bendigo Bank Franchises. 

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 and voting on the item.

5.        Petitions

                   There were no petitions.

6.        Mayoral Minutes

6.1

E-Zones

5/18

RESOLVED on the motion of Crs McBain and Fitzpatrick

That staff prepare a report to the next Council meeting outlining the current status of E zones and their strategic position in Council’s planning instrument, the current position of the NSW Department of Planning in relation to E zones and work undertaken to review matters presented to staff for consideration.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

7.        Urgent Business

                   There was no urgent business.

8.

Adjournment into Standing Committees

 

There were no reports to Standing Committees.

9.          Staff Reports – Planning and Environment

                      There were no Planning and Environment Reports

10.        Staff Reports – Community, Culture and Leisure

                      There were no community Culture and Leisure Reports

11.        Staff Reports – Economic Development and Business Growth

11.1

Outcomes from the Tourism Industry Liaison Group (TILG)

6/18

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council note the strategic direction and input from the Tourism Industry Liaison Group (TILG).

2.    That Council note the progress to the next stage of tendering for the provision of tourism marketing and promotion for a four year period from 1 July 2018.

3.    That Council note the recommendations within the report ‘Review of Tourism Services in the Bega Valley Shire’ (2016), and Council Officers progress the development of an appropriate long-term service delivery model for tourism marketing and promotion and  a preferred funding model for the future consideration of Council.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

 

11.2

RFT 13/17 Sale of 142-144 Imlay Street, Eden (former Hotel Australasia)

 

The Mayor asked the General Manager if any new matters had been raised in the address to Council.  The General Manager responded in the negative.

RESOLVED on the motion of Crs Bain and Nadin

That the matter be dealt with today.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

7/18

RESOLVED on the motion of Crs Bain and Fitzpatrick

1.       That Council resolve to decline to accept all tenders.

2.       That Council decline to invite fresh tenders or applications on the basis that there are reasonable prospects of being able to negotiate a contract with the highest ranked tenderer in relation to the subject matter of the tender and the only other tender that was submitted does not meet any of the prescribed requirements.

3.       That Council resolve to enter into negotiations with Irisha Pty Ltd and Rubycove Pty Ltd with a view to entering into a contract and side deed for the sale of 142-144 Imlay Street, Eden (the former Hotel Australasia) on the basis that the financial capacity of the company to deliver the project within the required timeframes are met and there are reasonable prospects of being able to negotiate a contract and side deed which meet all the requirements of the contract and side deed the subject matter of the tender.

In favour:             Crs Fitzpatrick, Bain, Nadin, McBain and Seckold

Against:                  Crs Griff, Tapscott and Dodds

Absent:                    Cr Allen

12.  Staff Reports – Infrastructure Waste and Water

12.1

RFQ 102/17 Supply and Delivery of one Street Sweeper Truck

 

RESOLVED unanimously on the motion of Crs Fitzpatrick and Seckold

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

8/18

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.         That Council accept the quotation from Bucher Municipal Pty Ltd in relation to the purchase of one vacuum style street sweeper truck under RFQ 102/17 for the total sum of $337,681.64 (including GST).

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 and Dodds

Against:                  Nil

Absent:                    Cr Allen

 

12.2

Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan Grant Offer

9/18

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.         That the grant offer of $169,866.67 from the NSW Office of Environment and Heritage for completion of Council’s Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan be accepted and authority be delegated to the General Manager to execute the funding agreement prior to the submission date of 6 February 2018.

2.         That upon acceptance of the NSW Office of Environment and Heritage grant offer of $169,866.67, nomination/s be called for local community representatives, for the Bega Valley Shire Floodplain Risk Management Focus Group from within the Merimbula Lake and Back Lake catchments.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

 

12.3

Bemboka Men's Shed and Community Meeting Room - Waiver of Section 64 Charges

10/18

RESOLVED on the motion of Crs Bain and Seckold

1.      That Council approve the application for the exemption for payment of Section 64 contributions totalling $13,568.12 for DA2017.416 as contemplated in Procedure 4.07.5.

2.      That Council staff negotiate a formal agreement for occupation of the site including consideration of responsibility by the Bemboka Sports, Social and Recreation Club Inc. for the whole of life costs for the building.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

13.  Staff Reports – Governance and Strategy

13.1

Council Meeting dates to December 2018

11/18

RESOLVED on the motion of Crs Dodds and Tapscott

1.         That Councillors adopt the amended meeting dates for 2018 as noted in the report to Council of 31 January 2018.

Day and Date

Meeting Type

Wednesday, 31 January 2018

Ordinary

Wednesday, 21 February 2018

Ordinary

Wednesday, 14 March 2018

Ordinary

Wednesday, 11 April 2018

Ordinary

Wednesday, 2 May 2018

Ordinary

Wednesday, 23 May 2018

Ordinary

Wednesday, 13 June 2018

Ordinary

Wednesday, 27 June 2018

Ordinary

No meetings in July 2018

 

Wednesday, 8 August 2018

Ordinary

Wednesday, 29 August 2018

Ordinary

Wednesday, 19 September 2018

2.00pm Meeting Election of  Mayor and Deputy Mayor

3.00pm Ordinary

Wednesday, 10 October 2018

Ordinary

Wednesday, 31 October 2018

Ordinary

Wednesday, 21 November 2018

Ordinary

Wednesday, 12 December 2018

Ordinary

2.    That the amended dates be published on Council’s website.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

 

13.2

Six monthly report implementation actions - Memorandum of Understanding with Eurobodalla Shire Council

12/18

RESOLVED on the motion of Crs Nadin and Griff

That Council note the report.  

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

 

13.3

Joint Organisation membership

13/18

RESOLVED on the motion of Crs Bain and Tapscott

1.    That Council inform the Minister for Local Government (Minister) of Bega Valley Shire Council’s endorsement of the Minister, recommending to the Governor the establishment of a Joint Organisation (JO) in accordance with this Resolution:

        To approve the inclusion of the Bega Valley Shire Council’s (the Council) area in the JO's area.

2.    That the Joint Organisation be established to cover the Council’s area and any one or more of the following council areas in the South East and Tablelands State planning region:

·     Bega Valley

·     Eurobodalla

·     Goulburn Mulwaree

·     Hilltops

·     Queanbeyan Palerang

·     Snowy Monaro

·     Upper Lachlan

·     Wingecarribee

·     Yass Valley

3.         That, on the expiry of a period of 28 days from the making of this Resolution, the General Manager provide the Minister:

a)     with a copy of this Resolution including the date on which Council made this Resolution, and

b)     inform the Minister this Resolution has not been rescinded, for the purpose of the Minister issuing a certificate under section 400P of the Act.

4.         That the General Manager also advise the Minister that the preferred name for the Joint Organisation accurately reflect it as a NSW Local Government body through inclusion of South East NSW and Canberra Region in the name and support South East Joint Organisation.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

 

14.  Staff Reports – Finance

14.1

Investments Report - November and December 2017

 

Non Pecuniary Interest

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 14.1 Investments Report - November and December 2017on the basis that he is a Director of the Pambula and Community Bank who hold the ownership of the Pambula and Bega Bendigo Bank Franchises. 

Cr Fitzpatrick remained in the meeting room and took part in debate or voting.

14/18

RESOLVED on the motion of Crs Fitzpatrick and Tapscott

1.            That Council receive and note the attached reports indicating Council’s investment position.

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

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott and Dodds

Against:                  Nil

Absent:                    Cr Allen

 

15.

Adoption of reports from Standing Committees

 

There were no reports to Standing Committees.

16.      Councillor Reports

16.1

Local Government NSW (LGNSW) Annual Conference 2017

 

Cr McBain spoke to the report and responded to questions from Councillors.

 

The report included in the Agenda for the Meeting 31 January 2018 was noted.

17.      Rescission/alteration Motions

                   There were no rescission motions.

18.      Notices of Motion

                   There were no notices of motion.

19.      Questions On Notice

                   There were no responses to questions on notice included in the Agenda for the meeting 31 January, 2018

20.      Questions for the Next Meeting

20.1

Publishing of the Business Paper

 

Cr Mitchell Nadin apologised to the public for Council not getting the Business Paper as soon as Council would have liked to have.  He asked a question of the General Manager, that he had asked before the meeting, but which he thought would be good for the public to hear.

He noted there was a facebook post that made it clear that we didn’t put out our business paper because there was a public holiday, which obviously implied we put our business paper out on a Friday, whereas on our website is says 5.00 pm on a Thursday and in our business paper it says one week before the meeting which would be the Wednesday.

He asked the General Manager to explain to the public exactly what Council’s policy was, if we have a policy, in getting the business paper out, and how we might avoid this sort of confusion in the future?

The General Manager responded the process is confusing as we used to have a number of things in place.  The process has been to get it out on a Thursday evening.  It was an error this time because of the public holiday because of Australia Day and in terms of the staff involved were tied up with Australia Day activities and preparing for the day on Friday.

She apologised for that error and will go through and streamline so that we are consistent in where and when we publish because it is in three different places in three different ways.  That has come about through a whole range of reasons about getting the business paper to Councillors as early as possible.  This used to be on Friday before a Council meeting, it is now a week in advance and is then published as soon as it has been given to the Councillors.

There is no actual requirement that we have to do this at a particular time, but we do need to be consistent in all the places as to when and where it is published and we will move to do that.

 

20.2

New staff structure

 

Cr Cathy Griff asked the General Manager a question which she felt may be answered immediately, being where, within the new structure, environment fits, how that would fit into the scheme we have ahead of us?

The General Manager responded that Council is still in the consultation phase in relationship to changes to staff reporting.  The period of consultation concludes today.  Senior Manager will consider feedback received from staff in relationship to the structure.  She stated the environment section is extremely important, noting recent information regarding biosecurity and biodiversity legislation that are coming forward, the work that we do in that area.  The fine tuning  will be provided to Councillors and the published publicly, when the consultation period as required under the award is concluded.

 

20.3

Traffic Matters Pambula

 

Cr Russell Fitzpatrick stated his question was via the Traffic Committee and he had already spoken to Cr Bain.  He stated that probably the biggest issue he noticed over the holiday period was at the bottom of the Princes Highway junction and Bullara Streets at Pambula.  Quite often at Pambula the traffic was backed up right up the hill, past the Town Hall, not on just the odd occasion at peak hour, but most of the day this occurred.  The T-intersection at the bottom has now outlived its life sentence.  He stated he knew it was an Roads and Martime Service (RMS) road and it is not a Council concern, but it is a Council concern, in that the residents and ratepayers of the Bega Valley are affected by it at this time of year.  He stated he knew it was only at this time of year, but if we leave it now and wait until November next year, and say we should have done something about the thing, we really need Council to get on the front foot and do something about it now.  Hopefully Mr Macfarlane and Cr Bain, noting he and Cr Bain have already talked about it, that it was a real issue and he believed there is enough room there for a roundabout to be made which would actually alleviate the situation. 

He noted he may have an pecuniary interest in that Bobbins trucks are often held up there as well, and trucks would need to get around it, something similar to the one at Eden on the highway when you turn right. It doesn’t need a garden in the centre, he believed there was enough room, a further bit of area outside basically Robert Smiths and also the motel.  He stated he could not see any reason why RMS could not come up with a design for it, that needs to alleviate that there are numerous accidents just waiting to occur and it only that locals are really wary of it and try and avoid it now that we haven’t had a serious accident there over this Christmas period

The General Manager advised the question would be taken on notice

She noted Councillors would be aware that the Freight and Port Strategy for future transport NSW is currently on exhibition.  Council has also, in terms of current process for NSW with RMS in terms of the Princes Highway put a number of items on the Agenda in terms of our feedback for submissions on that.  The Freight and Port Strategy consultation doesn’t conclude until March, so Council is able to get it into that process as well as the current work that is happening through the South East Australian Transport Strategy (SEATS).  It is very important that we get them on board in terms of lobbying for a number of those areas, so we will take that on board as part of those areas.

 

21.      Confidential Business

                   There was no Confidential Business

22.      Adoption of reports from Closed Session

                   There were no Closed Session Reports

23.      Resolutions to declassify reports considered in closed session

                   There were no declassified reports.

Closure

There being no further business, the Chairperson closed the meeting at 3.35 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 31 January 2018.