Ordinary Meeting Minutes
Held on Wednesday 27 November 2019
At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega Commencing at 2:00pm
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PresentCr Kristy McBain, Mayor Cr Sharon Tapscott, Deputy Mayor Cr Tony Allen Cr Robyn Bain Cr Jo Dodds Cr Russell Fitzpatrick Cr Cathy Griff Cr Mitchell Nadin Cr Liz Seckold |
In AttendanceGeneral Manager, Ms Leanne Barnes Director, Assets and Operations, Mr Anthony McMahon Director, Community, Environment and Planning, Dr Alice Howe Acting Director, Business and Governance, Mr Daniel Murphy Manager, Communication and Events, Ms Ariane Rummery Minute Secretary, Mrs Bec Jones |
Statement of Commencement of Live Streaming
The Mayor made an announcement about live streaming requirements noting that:
Council meetings are recorded and live streamed to the Internet for public viewing and by entering the Chambers during an open session of Council, those present consent to their 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 privacy; however visitors to the gallery may be recorded.
Acknowledgement of Traditional Custodians of Bega Valley Shire
The Mayor commenced 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, to show respect to elders past and present.
Mayoral Acknowledgement
The Mayor acknowledged the resignation of Executive Manager, People and Governance, Ms Nina Churchward, and thanked Ms Churchward for her service to Bega Valley Shire Council.
The Mayor acknowledged the efforts of the Rural Fire Service, Fire and Rescue, National Parks and State Forests in fire fighting efforts within our region and the State. In addition, the Mayor specifically recognised the local volunteers, members of strike teams assisting on the fire front in Northern NSW and provided her thanks to those providing their services.
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Apologies |
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The leave of absence of Cr Bain for 27 November 2019 was noted. |
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2. |
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RESOLVED on the motion of Crs Dodds and Griff That the Minutes of the Ordinary Meeting held on 20 November 2019 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain |
3. Declarations
There were no declarations of interest
Report by Mayor of deputations heard prior to the meeting
There were no deputations heard prior to the meeting.
There were no petitions.
There were no Mayoral minutes.
7. Urgent Business
There was no urgent business.
8. Staff Reports – Planning and Environment
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8.1 |
Finalisation of Planning Proposal for properties previously reported at Millingandi and Tura Beach (Mandeni) |
RESOLVED on the motion of Crs Fitzpatrick and Nadin1. That Council finalise amendments to Bega Valley Local Environmental Plan 2013 (Amendment 33) subject to the revisions detailed in this report and in accordance with the delegations issued by the Minister for Planning and Environment under Section 3.36 of the Environmental Planning and Assessment Act 1979. 2. That Council officers inform those who made a submission during the exhibition of the Planning Proposal of Council’s resolution on this matter. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain
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9. Staff Reports – Community, Culture and Leisure
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9.1 |
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An amendment to the motion was proposed by Cr Nadin That Council resolves to:
1. Adopt the Community Engagement Strategy (Attachment 1). 2. Repeal Chapter 8 of Bega Valley Development Control Plan 2013. 3. Make the Community Engagement Strategy publicly available. Cr Nadin proposed an amendment: 4. That Council commit to upgrading the audio-visual facilities in the Council Chamber in the 2020-2021 budget
The Mayor ruled that the amendment to the motion was outside the item being discussed and suggested Cr Nadin raise this as a Notice of Motion.
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RESOLVED on the motion of Crs Griff and SeckoldThat Council resolves to: 1. Adopt the Community Engagement Strategy (Attachment 1). 2. Repeal Chapter 8 of Bega Valley Development Control Plan 2013. 3. Make the Community Engagement Strategy publicly available. In favour: Crs Nadin, Griff, McBain, Seckold, Tapscott and Dodds Against: Crs Fitzpatrick and Allen Absent: Cr Bain
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10. Staff Reports – Economic Development and Business Growth
There were no Economic Development and Business Growth reports.
11. Staff Reports – Infrastructure Waste and Water
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11.1 |
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RESOLVED on the motion of Crs Tapscott and Griff1. That Council receive and note the report. 2. That subject to determination of the Aboriginal Land Claim and a Native Title assessment, Council, as Crown Land Manager of Reserve (R85134), approve a further twenty year licence to NRMA Tourist Park No 1 Pty Limited, for their continued occupation of part reserve R85134, for an annual market rental as determined by a registered Valuer. 3. That NRMA Tourist Park No 1 Pty Limited be responsible for the payment of all costs associated with the preparation of the licence including the determination of the Aboriginal Land Claim and a Native Title assessment. 4. That Council authorise the General Manager and Mayor to execute all necessary documentation to provide further tenure of twenty years. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain |
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11.2 |
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RESOLVED on the motion of Crs Allen and Dodds1. That Council delegate authority to the General Manager to give land owners consent for the creation of a public road over part Lot 420 DP 874393 for market value as determined by a registered valuer. 2. That Council delegate authority to the General Manager to execute the necessary documentation to release the Right of carriageway in favour of Essential Energy over part Lot 420 DP 874393. 3. That following receipt of confirmation from the proponent of acceptance to compensate Council for the market value as determined, Council progress to execute the necessary documentation and approvals to facilitate the creation of the road reserve. 4. That all costs associated with the creation of a public road over part Lot 420 DP 874393 including Council’s legal costs, survey work, plan preparation and registration fees be borne by the applicant. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain
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11.3 |
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RESOLVED on the motion of Crs Dodds and Tapscott1. That Council receive and note the report. 2. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of ten (10) years to Horizon Credit Union Limited for their continued occupation of Shop 1, Twyford Hall at Market Street, Merimbula. 3. That Horizon Credit Union Limited be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain
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RESOLVED on the motion of Crs Nadin and TapscottThat Council adopt the following recommendations of the Bega Valley Local Traffic Committee: EAT Festival Merimbula - 8 March 2020Eat Merimbula is a food festival celebrating local produce and local chef talent within the Sapphire Coast 1. That, subject to conditions, Fishpen Road, Merimbula between the intersections of Marine Parade and Calendo Court be temporarily closed between 7.00am and 5.00pm on Sunday, 8 March 2020 for Eat Merimbula Food Festival. 2. That, as per the Local Traffic Committee meeting recommendations of 5 July 2017 which were adopted by Council on 16 August 2017 regarding events in the Fishpen area, the Eat Merimbula event was considered for one-lane closure only but deemed to be a two-lane closure for safety purposes. 3. That the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place. 4. That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the Eat Merimbula Festival on Sunday, 8 March 2020 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual. 5. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation. 6. That organisers fully implement an approved Special Event Transport Management Plan. 7. That organisers have written Police approval prior to conducting the event. 8. That the event achieves all conditions of Council’s issued Approval for Use of Public Land. Far South Coast National Show (Bega) February 2020An application has been received from the Bega AP&H Society Inc. for the annual Far South Coast (Bega) Show on 14, 15, and 16 February 2020. The Bega AP & H Society Inc requests the following: · Use of Bega Park as a car parking area for the duration of the Show · Use of the East street land for camping, parking of caravans and horse floats etc · General clean up of the area adjacent to the Showground prior to the show Recommendation:1. That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed from 9am to 5pm on 14, 15, and 16 February 2020 for the Far South Coast National Show. 2. That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 14, 15, and 16 February 2020 for the Far South Coast National Show. 3. That the proposed traffic arrangements for the Far South Coast National Show be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual. 4. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation. 5. That organisers fully implement an approved Special Event Transport Management Plan. 6. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event. 7. That organisers have written Police approval prior to conducting the event. 8. That the event achieves all conditions of Council’s Use of Public Land approval Rainbow Wave Festival – Merimbula February 2020An application has been received from Headspace Bega for The Rainbow Wave Festival to be held on 22 February 2020. This is a Mardi Gras Style event in celebrating our local LGBTI Community. This event was previously held at Oaklands Events Centre Pambula, attracting over 400 people. Due to the overwhelming response, Headspace are requesting that this event be moved to Merimbula Town Centre with a Street Parade followed by live music and performances. Suggestion as per Event Organiser1. That, subject to conditions, sections of Beach Street and Market Street, Merimbula be temporarily closed between 11.00am and 6.30pm on Saturday, 22 February 2020 for the Rainbow Wave Festival street parade and performers. 2. That, subject to conditions, Beach Street, Merimbula between the intersections of Market Street and Alice Street and Market Street, Merimbula between Palmer Lane and Merimbula Drive, Merimbula be temporarily closed between 11am and 6.30pm on Saturday, 22 February 2020 for the Rainbow Wave Festival street parade and performers. 3. That the proposed traffic arrangements involving the temporary closure of Market Street and Beach Street, Merimbula for the Rainbow Wave Festival street parade and performance on Saturday, 22 February 2020, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the NSW Roads and Maritime Services (RMS) Traffic Control Manual. 4. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW RMS accreditation. 5. That organisers fully implement an approved Special Event Transport Management Plan. 6. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and NSW Roads and Maritime Services by name for the event. 7. That organisers have written NSW Police approval prior to conducting the event. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain
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11.5 |
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A motion was moved by Crs Allen and Fitzpatrick 1. That Council receive and note the report. 2. The 2019/20 Candelo Pool season be extended until the ANZAC Day public holiday (Monday 27 April 2020). 3. That Candelo Pool admission fees be free for all pool entry for the remainder of the 2019/20 pool season. The motion was put the vote and it was CARRIED In favour: Crs Fitzpatrick, Nadin, Griff, Tapscott, Dodds and Allen Against: Cr Seckold and McBain Absent: Cr Bain
A motion was foreshadowed by Cr McBain 1. That Council receive and note the report. 2. The 2019/20 Candelo Pool season be extended until the ANZAC Day public holiday (Monday 27 April 2020). 3. Candelo Pool admission fees be reduced to $2 for all pool entry and half price for season passes for the remainder of the 2019/20 pool season. |
RESOLVED on the motion of Crs Allen and Fitzpatrick1. That Council receive and note the report. 2. The 2019/20 Candelo Pool season be extended until the ANZAC Day public holiday (Monday 27 April 2020). 3. That Candelo Pool admission fees be free for all pool entry for the remainder of the 2019/20 pool season. In favour: Crs Fitzpatrick, Nadin, Griff, Tapscott, Dodds and Allen Against: Crs Seckold and McBain Absent: Cr Bain
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12. Staff Reports – Governance and Strategy
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12.1 |
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The attachments pertaining to the report on this Item 12.1 2018-19 Annual Report were tabled: 1. 2018-2019 Annual Report 2. 2018-2019 Operational Plan Final Report 3. 2017- 2018 Annual Report Update- Councillor Expenses
The attachments are available for viewing on Council’s website: |
RESOLVED on the motion of Crs Griff and Seckold1. That the 2018-19 Annual Report be endorsed and published on Council’s website, hard copies be placed in Council’s libraries and notification of publication sent to the NSW Office of Local Government. 2. That Council note the further extension requested, of the Office of Local Government following Council’s resolution of 18 September 2019, for the annual Financial Statements which will be reported separately to Council when signed off by all parties. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain
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12.2 |
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RESOLVED on the motion of Crs Nadin and Dodds1. That the Council appoint Mr McMahon Director Assets and Operations as Acting General Manager for the upcoming period of the General Manager’s leave from 9 December 2019 to 10 January 2020. That Council delegate to the Acting General Manager Mr McMahon, the authority to exercise all discretionary functions that Council is capable of delegating and is not prohibited from doing so under sect 377 of the Local Government Act 1993, and also excluding any specific functions which Council has, by resolution, reserved to Council. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain
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12.3 |
Transfer of the management for Narira Village Complex at Cobargo |
RESOLVED on the motion of Crs Griff and Seckold1. That Council approve assignment of the Property Management Agreement for Narira Village Complex from Sapphire Coast Tenancy Scheme to Southern Cross Housing from 1 December 2019 to 31 October 2020. 2. That the Mayor and/or General Manager be authorised to execute the necessary documentation. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain
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12.4 |
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RESOLVED on the motion of Crs Seckold and DoddsThat Council note the report. In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen Against: Nil Absent: Cr Bain
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13. Staff Reports – Finance
There were no Finance reports.
There were no Councillor reports.
15. Rescission/alteration Motions
There were no rescission/alteration motions.
There were no notices of motion.
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RESOLVED on the motion of Crs Fitzpatrick and Nadin
1. That Council place the following proposed amendments to the adopted Code of Meeting Practice on public exhibition, and invite public submissions on these amendments:
a. Amend item 9.14 to read “Questions may be asked at the meeting on a matter on the agenda of the meeting, a matter of which notice has been given in accordance with clauses 3.10 and 3.14, or ask Questions Without Notice on matters of performance, strategy, or policy at a meeting. A Councillor may ask a maximum of two Questions Without Notice at each meeting”
b. Amend item 4.12 to read “Each speaker will be allowed present five(5) minutes to address the Council and with the approval, of Councillors, an additional two minutes may be allowed.”
2. That following the exhibition period a report be presented to Council, to consider any submissions and resolve appropriately, on the Code of Meeting Practice and include a resolution which appropriately amends the Order of Business for Ordinary Council meetings a required at clause 8 of the Code of Meeting Practice.
In favour: Crs Fitzpatrick, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Cr Tapscott Absent: Cr Bain
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There were no questions with notice.
18. Confidential Business
There was no confidential business.
19. Noting of Resolutions from Closed Session
There was no noting of resolutions from closed session.
20. Declassification of reports considered previously in closed session
There was no declassification of reports considered previously in closed session.
Closure
There being no further business, the Chairperson closed the meeting at 3:29 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 27 November 2019.