Ordinary Meeting Minutes
Held on Wednesday 21 February 2018
At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega Commencing at 2.00 pm
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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 Sharon Tapscott
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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 |
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 |
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15/18 |
Councillors noted that the leave of absence from 9 February 2018 to 3 March 2018 requested by Cr Nadin was accepted on 31 January, 2018. |
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RESOLVED unanimously on the motion of Crs Dodds and Seckold That Item 13.1, Amendments to the Minutes 13 December 2017 to Council be heard prior to Item 2 Confirmation of the Minutes. |
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Amendments to the Minutes 13 December 2017 |
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RESOLVED on the motion of Crs McBain and BainThat Council adopt the minutes of the 13 December with amendments as outlined below those read by Cr McBain on 21 February, 2018.
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2. |
Confirmation of Minutes |
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RESOLVED on the motion of Crs Dodds and Bain That the Minutes of the Ordinary Meeting held 31 January 2018 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin |
3. Declarations
Non-Pecuniary Interest
Cr Fitzpatrick declared a non-pecuniary interest regarding Item 12.1, Drinking Water Fluoridation - NSW Health Community Survey on the basis that he is a board member of the Southern NSW Health Board. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick will remain in the meeting room and take part in debate and voting.
Cr Fitzpatrick declared a non-pecuniary interest regarding Item 12.3, Comments on NSW Freight Strategy on the basis that he is employed by a company involved in the transport industry. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register.
Cr Fitzpatrick will remain in the meeting room and take part in debate and voting.
Cr Tapscott declared a non-pecuniary (but significant) interest regarding Item 18.1, Upgrade of Pambula Hospital on the basis that she is Chair of the Save Our Hospital Inc and a committee member of Bega Hospital Community Consultative Committee and Pambula Health Service Community Engagement Committee.
A signed declaration form was tabled by Cr Tapscott for inclusion in the Register, noting Cr Tapscott will depart the meeting room, taking no part in debate and voting on this item.
Cr Fitzpatrick declared a non-pecuniary interest regarding Item 18.1, Upgrade of Pambula Hospital on the basis that he is a Board Member of Southern NSW Health Board.
A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register, noting Cr Fitzpatrick will depart the meeting room, taking no part in debate and voting on this item.
Statement by Cr Bain
RESOLVED unanimously on the motion of Crs Seckold and Dodds
That Cr Bain be given leave to make a statement.
Cr Bain spoke regarding comments made by her at the Council meeting on 31 January 2018 and apologised to Mr Jesson.
“Thank you Madam Mayor and thank you Councillors.
At the previous Council meeting, whatever day it was last month, Mr Jesson came and gave a presentation to us in relation to the minutes and minute taking. During the course of that presentation I listened carefully to what Mr Jesson had to say and I mistakenly said and I quote “I am sorry you had no confidence in the Council for the bigger items”, now Mr Jesson didn’t quite say that, Mr Jesson did say “the presented Minutes are both amateurish and appalling in terms of being a full and accurate record, if the community cannot have confidence in the Council getting something as straight forward and routine as the minutes correct then how can the Council expect the community to have confidence for the Council to get things that really count right. I have seen firsthand when Council does not get its obligations and processes right.”
So he did not say that he did not have confidence in the Council, he posed a question as how could the community be expected to have confidence, for that Mr Jesson I apologise for verballing you.
While I am on my feet, I must say it is quite difficult when people give presentations that are not written, you are trying to listen as carefully as you can, but when emotive words about Council of which you represent because you are elected by the people, emotive words such as amateurish and appalling seem to ring in your ears. I have been a Councillor for 18 months and have worked closely with all the people around this table and many of the staff within the Council, I could not call any of them amateurish or appalling.
While I understand Mr Jesson was referring to the minutes, the minutes are taken by two very competent and capable people that is Kelly and Janelle, so amateurish and appalling are not two words that I would to describe this Council.
His last sentence “I have seen firsthand on what happens when a Council does not get its obligations and processes right” and has I explained at the last Council meeting it was fortuitous that Mr Jesson happen turned up at that day because in the morning the Councillors were dealing with an administrative error of a missing $360,000 in the form of bond money that was to be given, that was given back to a developer that was supposed to be held as a bond to get the road and infrastructure from Eden Cove right for the residents of Eden Cove. That administrative error happened under the watch of Mr Jesson and I did ask him that day if he would assist this Council in finding how $360,000 that was never meant to be given back was given back. Fortunately Mr Jesson did say yes he would help. I must say for the next 2.5 years while I am on this Council I will do the very best that I can do to get to the bottom of the situation as to how an administrative error came to let $360,000 be returned to developer that should have never of been returned.”
Mr Jesson requested permission of the Chairperson to have a right of reply in relation to Cr Bain’s statement.
The Mayor advised Councillors there is no automatic right of reply allowed in a Code of Meeting Practice however it may be decision of this Council whether we will hear from the floor as per a right of reply to the statement you just heard.
The Mayor asked for a mover to hear the right of reply. Cr Allen asked would the right of reply be restricted to five minutes. The Mayor advised any speaker would be restricted to five minutes.
Mr Myron van der Waerden addressed the meeting.
RESOLVED unanimously on the motion of Crs Tapscott and Dodds.
That Mr Myron van der Waerden be given a further two minutes to complete his address.
Mr Lusk responded to questions from Councillors via phone.
Mr Sean Burke addressed the meeting.
RESOLVED unanimously on the motion of Crs Tapscott and Dodds.
That Mr Sean Burke be given a further two minutes to complete his address.
Mr Burke responded to questions from Councillors.
Mr John Bryson addressed the meeting.
Mr Bryson responded to questions from Councillors.
Mr Anthony Herford addressed the meeting.
RESOLVED unanimously on the motion of Crs Dodds and Griff.
That Mr Anthony Herford be given a further two minutes to complete his address.
Mr Fraser Buchanan addressed the meeting.
Mr Buchanan responded to questions from Councillors.
Mr Fraser Buchanan addressed the meeting.
Mr Buchanan responded to questions from Councillors.
There were no petitions.
There were no Mayoral Minutes.
7. Urgent Business
There was no urgent business.
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RESOLVED unanimously on the motion of Crs Tapscott and Seckold That Item 12.1 be dealt with prior to Item 9. |
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Drinking Water Fluoridation - NSW Health Community Survey |
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Cr Fitzpatrick declared a non-pecuniary interest regarding Item 12.1, Drinking Water Fluoridation - NSW Health Community Survey on the basis that he is a Board Member of Southern NSW Health Board. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register. Cr Fitzpatrick remained in the meeting room and took part in debate and voting. A motion was moved by Crs Griff and Dodds. That due to the deputations the matter be deferred until the resolution of legal challenges in the circuit court plus 28 days or by the end of 2018 whichever is sooner. A foreshadowed motion was moved by Crs Allen and Bain. That the matter be dealt with today. The motion was put to the vote and LOST. In favour: Crs Griff and Dodds Against: Crs Fitzpatrick, Bain, McBain, Seckold, Tapscott and Allen Absent: Cr Nadin A motion was foreshadowed by Cr Dodds That Council prior to make a decision obtain independent legal advice on the risks to the organisation, staff and Councillors on proceeding to fluoride the water supplies of the Shire. A motion was moved by Crs Allen and Bain. That the matter be dealt with today. The motion was put to the vote and CARRIED. In favour: Crs Fitzpatrick, Bain, McBain, Seckold, Tapscott and Allen Against: Crs Griff and Dodds Absent: Cr Nadin A motion was moved by Crs Allen and Bain. 1. That Council note the findings of the community survey. 2. That Council seek approval from the Secretary of NSW Health for the Bega Valley Shire Council to extend the State funded, fluoridation program to all public water supplies within the Shire. The motion was put to the vote and it was CARRIED |
RESOLVED on the motion of Crs Allen and Bain1. That Council note the findings of the community survey. 2. That Council seek approval from the Secretary of NSW Health for the Bega Valley Shire Council to extend the State funded, fluoridation program to all public water supplies within the Shire. In favour: Crs Fitzpatrick, Bain, McBain, Seckold, Tapscott and Allen Against: Crs Griff and Dodds Absent: Cr Nadin |
8. |
Adjournment into Standing Committees |
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9. Staff Reports – Planning and Environment
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9.1 |
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RESOLVED on the motion of Crs Allen and Fitzpatrick1. That Council resolve to apply zoning and minimum lot size controls to the Tathra River Estate site as follows: · Apply part R5 Large Lot Residential Zone, RE1 Public Recreation Zone and E2 Environmental Conservation as per Figure 2 · Apply a 1ha lot size to the R5 Large Lot Residential Zoned land as per Figure 4. 2. That Council proceed to finalise the amendments to Bega Valley Local Environmental Plan 2013 (Amendment No. 28) for Lot 2 DP 582074 in accordance with the delegations issued by the Minister for Planning and Environment under Section 59 of the Environmental Planning and Assessment Act 1979. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin |
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9.2 |
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RESOLVED on the motion of Crs Allen and Tapscott1. That the Primary Opening trigger level for Wallaga Lake remain at 1.25m AHD (Australian Height Datum) as per the adopted policy of December 2016 and accompanying Review of Environmental Factors; 2. That the discretionary, secondary opening trigger of 1.1m – 1.25m AHD following a 3 month closure remain with the following additions: “Wallaga Lake may be opened at or above 1.1m AHD following a 3 month closure, or if significant rainfall is predicted in the catchment (100mm+) and / or other exceptional circumstances are occurring such as essential public infrastructure requiring urgent maintenance, or damage occurring to private property or business operations including farm operations. Exceptional circumstance openings at heights between 1.1m and 1.25m AHD will be based on the advice of Council Environment staff with advice and approval being required from the Office of Environment and Heritage, Department of Primary Industries – Fisheries and Batemans Bay Marine Park Authority.” 3. That Council staff offer to assist landholders in the Wallaga Lake catchment that are impacted by high water levels and salt intrusion with developing potential mitigation measures. In favour: Crs Fitzpatrick, Bain, McBain, Seckold, Tapscott, Dodds and Allen Against: Cr Griff Absent: Cr Nadin |
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9.3 |
Commercial Centres Strategy - Review of the Merimbula Pambula Tura Beach Catchment |
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RESOLVED unanimously on the motion of Crs Bain and Seckold That the matter be dealt with today. |
RESOLVED on the motion of Crs Fitzpatrick and Bain1. The Draft Commercial Centres Strategy – Review of the Merimbula, Pambula, Tura Beach Catchment 2017 be adopted as publicly exhibited 2. The Draft Commercial Centres Strategy – Review of the Merimbula, Pambula, Tura Beach Catchment 2017 be forwarded to the Department of Planning for approval. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin |
10. Staff Reports – Community, Culture and Leisure
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10.1 |
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RESOLVED on the motion of Crs Fitzpatrick and Seckold1. That Council note the report. 2. That Council award five (5) Bega Valley Shire Council International Women’s Day scholarships to the value of $500 (total allocation $2,500) to:. • Brianna Larkham, Merimbula • Eliza Bell, Wolumla • Gabriela Green, Merimbula • Indigo Walker, Bega • Leesa Chen, Bega 3. That officers advise all applicants of the outcome 4. That Council seek to expand the number of IWD Awards provided in future years through partnership with other organisations. IN FAVOUR: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen AGAINST: Nil ABSENT: Cr Nadin |
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10.2 |
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RESOLVED on the motion of Crs Tapscott and Dodds1. That Council, as Reserve Trust Manager of the Candelo (R.180039) Reserve, approve in principle the assignment of the current lease for the occupation of the Candelo Town Hall Cafe from Mr Ross Morgan to Ms Lee Elliott. 2. That the Mayor and General Manager be authorised to execute the necessary documents. 3. That in accordance with the requirements of the Crown Lands Act, Council obtain the Minister’s consent to the assignment. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin |
11. Staff Reports – Economic Development and Business Growth
There were no Economic Development and Business Growth reports.
12. Staff Reports – Infrastructure Waste and Water
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Compulsory Acquisition of Sewerage Easement - Wallaga Lake Road |
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RESOLVED on the motion of Crs Dodds and Seckold1. That the proposed easement for sewerage purposes approximately 5m wide designated as (A) in the registered deposited plan 1230937 within Crown Public Road, be compulsorily acquired for the purpose of Wallaga Lake Koori Village Sewerage Scheme in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) by authority contained in the Local Government Act 1993. 2. That the terms of easement will be shown as attached under the heading ‘Easement for Sewer Pipeline’. 3. That minerals are to be excluded from this acquisition. 4. That this acquisition is not for the purposes of resale. 5. That the Mayor and General Manager be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the interest in the Crown public road by compulsory process under section 186 of the Local Government Act 1993 for Wallaga Lake Koori Village Sewerage Scheme. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin |
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12.3 |
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Cr Fitzpatrick declared a non-pecuniary interest regarding Item 12.3, Comments on NSW Freight Strategy on the basis that he is employed by a company involved in the transport industry. A signed declaration form was tabled by Cr Fitzpatrick for inclusion in the Register. Cr Fitzpatrick remained in the meeting room and took part in debate and voting. 04:27 pm Cr Griff left the meeting. 04:29 pm Cr Griff returned to the meeting |
RESOLVED on the motion of Crs Fitzpatrick and McBain1. That Council respond to the draft NSW Freight and Ports Plan with the comments outlined in this report. 2. That Council write to the NSW State Government advising the key deficiencies in the draft NSW Freight and Port Plan are: a) East-West connections must include the Brown Mountain upgrade on the Snowy Mountain Highway; b) Addressing pinch points in the road network through the Bega Valley Shire for both passengers and freight including the Brogo River Bridge on the Princes Highway; c) Providing improvements to the connection south into Victoria from Bega Valley Shire and recognition and development of the Sydney - Melbourne Coastal Drive; d) Planning for future transport development to and from the Port of Eden; e) Potential for linkage between the Inland Rail, Canberra and the Port of Eden; f) That the Princes Highway should be listed as a road of national importance; g) That much of the Princes Highway is currently not B-double accessible and this should be addressed. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin |
13. Staff Reports – Governance and Strategy
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13.2 |
Half Yearly Report on Implementation of the Operational Plan 2017 - 2018 |
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04:44 pm Cr Dodds left the meeting. |
RESOLVED on the motion of Crs Bain and SeckoldThat Council note the progress on the 2017 - 2018 Operational Plan. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott and Allen Against: Nil Absent: Crs Nadin and Dodds |
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13.3 |
Draft Model Code of Meeting Practice for Local Councils in NSW |
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04:47 pm Cr Dodds returned to the meeting. |
RESOLVED on the motion of Crs Bain and Dodds1. That Council note the report. 2. That Council endorse the inclusion of those non-mandatory matters outlined in the Element 2 in this document into a submission on the draft Code of Meeting Practice. 3. That Council notify endorsement of the Reviewed Code of Meeting Practice for Councils in NSW via a submission to the Office of Local Government for their consideration. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin |
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Consultation on Proposed Office of Local Government Councillor Induction and Professional Development Guidelines |
RESOLVED on the motion of Crs Dodds and Bain1. That Council note the report. 2. That Council endorse the proposed Guidelines via submission to be presented to the Office of Local Government for their consideration. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin |
14. Staff Reports – Finance
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14.1 |
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A motion was moved by Crs Allen and Fitzpatrick. That the report be deferred to a workshop in the next two or three weeks. The motion was put to the vote and was LOST. In favour: Cr Allen Against: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott and Dodds Absent: Cr Nadin A motion was moved by Crs Bain and Dodds. 1. That Council adopt the December Quarterly Budget Review. 2. That Council note movements outlined in the Quarterly Budget Review Statement. 3. That Council does not commit to any further additional expenditure, unless it is in conjunction with a Quarterly Budget Review and an alternate funding source can be identified. The motion was put to the vote and CARRIED. |
RESOLVED on the motion of Crs Bain and Dodds1. That Council adopt the December Quarterly Budget Review. 2. That Council note movements outlined in the Quarterly Budget Review Statement. 3. That Council does not commit to any further additional expenditure, unless it is in conjunction with a Quarterly Budget Review and an alternate funding source can be identified. In favour: Crs Fitzpatrick, Bain, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Nadin |
15. |
Adoption of reports from Standing Committees |
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At approx. 4.53 pm Mr Jesson, a member of the public requested permission to make a statement by handing the Mayor with a piece of paper.
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RESOLVED on the motion of Crs Tapscott and Dodds That Council suspended standing orders to hear Mr Jesson’s statement. In favour: Crs McBain, Tapscott and Dodds Against: Crs Fitzpatrick, Bain, Griff, Seckold and Allen Absent: Cr Nadin |
There were no Councillor Reports.
17. Rescission/alteration Motions
There were no rescission/alteration motions.
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18.1 |
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Non-Pecuniary InterestCr Tapscott declared a non-pecuniary (but significant) interest regarding Item 18.1, Upgrade of Pambula Hospital on the basis that she is Chair of the Save of Hospital Inc and a Committee Member of Bega Hospital Community Consultative Committee and Pambula Health Service Community Engagement Committee. Cr Tapscott departed the meeting room, taking no part in debate or voting on this item. Cr Fitzpatrick declared a non-pecuniary interest regarding Item 18.1, Upgrade of Pambula Hospital on the basis that he is a Board Member of Southern NSW Health Board. Cr Fitzpatrick departed the meeting room, taking no part in debate or voting on this item. 05:27 pm Cr Tapscott left the meeting. 05:27 pm Cr Fitzpatrick left the meeting. 05:28 pm Cr Bain left the meeting. 05:28 pm Cr Bain returned to the meeting. A motion was moved by Crs Griff and Seckold That Bega Valley Shire Council write a letter to Minister for Health ,The Hon Brad Hazzard MP and the Member for Bega, The Hon Andrew Constance MP, supporting the Pambula District Hospital Community Engagement Committee in their bid to secure funding for the upgrade of Pambula District Hospital. A motion was foreshadowed by Cr Bain. That the Notice of Motion be deferred to seek further information and clarification from the State. An amendment was proposed by Cr McBain and accepted by the mover and seconder to remove the word promised. The motion was put to the vote and CARRIED. |
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RESOLVED on the motion of Crs Griff and Seckold That Bega Valley Shire Council write a letter to Minister for Health ,The Hon Brad Hazzard MP and the Member for Bega, The Hon Andrew Constance MP, supporting the Pambula District Hospital Community Engagement Committee in their bid to secure funding for the upgrade of Pambula District Hospital. In favour: Crs Bain, Griff, McBain, Seckold and Dodds Against: Cr Allen Absent: Crs Fitzpatrick, Nadin and Tapscott |
5:41 pm Cr Fitzpatrick returned to the meeting.
5:41 pm Cr Tapscott returned to the meeting.
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19.1 |
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The response published in the Agenda for the meeting of 21 February, 2018 was noted. |
20. Questions for the Next Meeting
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20.1 |
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Cr Cathy Griff asked that Council write to the NSW Health and ask for them to fund the water treatment plants. The response was taken on notice by the Acting Director Transport and Utilities. |
21. Confidential Business
There was no confidential business.
22. Adoption of reports from Closed Session
There were no reports for adoption.
23. Resolutions to declassify reports considered in closed session
There were no reports to declassify.
Closure
There being no further business, the Chairperson closed the meeting at 5.43 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 21 February 2018.