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 Director, Business and Governance, Mrs Iliada Bolton Acting Manager Communication and Events, Mr Ian Campbell Minute Secretary, Mrs Bec Jones |
The Mayor made an announcement about live streaming requirements:
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.
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.
1. |
Apologies |
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8/20 |
RESOLVED on the motion of Crs Seckold and Dodds That Council note an apology from Cr Tapscott for the meeting today 5 February 2020 In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott |
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2. |
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RESOLVED on the motion of Crs Bain and Seckold That the Minutes of the Ordinary Meeting held on 29 January 2020 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott |
There were no declarations of interest
Report by Mayor of deputations heard prior to the meeting
The following requests were heard prior to the meeting regarding:
• Mr Garret Barry for David Granger
• Mr Garret Barry for David Grugeon, Ta Ana Westaway, Robert Pelnens, Clyde Thomas and Glenn Tucker
• Ms Evelyn Chrystal
5. Petitions
There were no petitions.
There was no urgent business.
8.1 |
Outcome of the Exhibition of Draft Rural Residential Strategy |
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A motion was moved by Crs Fitzpatrick and Dodds 1. That Council adopt the Rural Residential Strategy (Attachment 1). 2. That Council provide a copy of the adopted Rural Residential Strategy to the NSW Department of Planning, Industry and Environment for endorsement. 3. That Council advise those who made a submission to the draft Rural Residential Strategy during the exhibition period of Council’s decision.
An amendment to the motion was moved by Cr Bain 1. That Council adopt the Rural Residential Strategy (Attachment 1). 2. That Council provide a copy of the adopted Rural Residential Strategy to the NSW Department of Planning, Industry and Environment for endorsement. 3. That Council advise those who made a submission to the draft Rural Residential Strategy during the exhibition period of Council’s decision. 4. That Council staff prepare a report by the end of this calendar year, to allow Council to consider the issue of deemed concessional lots.
The amendment was not accepted by Cr Dodds.
A motion was foreshadowed by Cr Bain 1. That Council adopt the Rural Residential Strategy (Attachment 1). 2. That Council provide a copy of the adopted Rural Residential Strategy to the NSW Department of Planning, Industry and Environment for endorsement 3. That Council advise those who made a submission to the draft Rural Residential Strategy during the exhibition period of Council’s decision. 4. That Council staff prepare a report by the end of this calendar year, to allow Council to consider the issue of deemed concessional lots.
An amendment to the original motion was moved by Cr McBain 1. That Council adopt the Rural Residential Strategy (Attachment 1). 2. That Council provide a copy of the adopted Rural Residential Strategy to the NSW Department of Planning, Industry and Environment for endorsement 3. That Council advise those who made a submission to the draft Rural Residential Strategy during the exhibition period of Council’s decision. 4. That the inserted statement on Page 42 of the BVSC Rural Residential Strategy be removed and the original statement retained 5. That all of the parcels of land listed on Page 15 of the Council Report in point 9 be included as recommendations to the BVSC Rural Residential Strategy, and 1183 Princes Highway Kiah also be included The amendment was accepted by Cr Fitzpatrick and Cr Dodds
Cr Bain agreed to the inclusion of Cr McBain’s amendment in her foreshadowed motion Cr Bain’s foreshadowed motion was put to the vote: 1. That Council adopt the Rural Residential Strategy (Attachment 1). 2. That Council provide a copy of the adopted Rural Residential Strategy to the NSW Department of Planning, Industry and Environment for endorsement 3. That Council advise those who made a submission to the draft Rural Residential Strategy during the exhibition period of Council’s decision.
4. That Council staff prepare a report by the end of this calendar year, to allow Council to consider the issue of deemed concessional lots.
5. That the inserted statement (indicated in red with no strikethrough) on Page 42 of the BVSC Rural Residential Strategy be removed and the original statement (indicated in red with strikethrough) retained.
6. That all of the parcels of land listed on Page 15 of the Council Report in point 9 be included as recommendations to the BVSC Rural Residential Strategy, and 1183 Princes Highway Kiah also be included.
The motion was put to the vote and it was CARRIED
In favour: Crs Fitzpatrick, Bain, Nadin, McBain, Seckold and Allen Against: Crs Dodds and Griff Absent: Cr Tapscott
A point of order was called by Cr Nadin regarding the relevance of Cr Griff’s objection to the motion The Mayor ruled in favour of the point of order
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RESOLVED on the motion of Crs Fitzpatrick and Dodds1. That Council adopt the Rural Residential Strategy (Attachment 1). 2. That Council provide a copy of the adopted Rural Residential Strategy to the NSW Department of Planning, Industry and Environment for endorsement 3. That Council advise those who made a submission to the draft Rural Residential Strategy during the exhibition period of Council’s decision. 4. That Council staff prepare a report by the end of this calendar year, to allow Council to consider the issue of deemed concessional lots.
5. That the inserted statement (indicated in red with no strikethrough) on Page 42 of the BVSC Rural Residential Strategy be removed and the original statement (indicated in red with strikethrough) retained.
6. That all of the parcels of land listed on Page 15 of the Council Report in point 9 be included as recommendations to the BVSC Rural Residential Strategy, and 1183 Princes Highway Kiah also be included. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott
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There were no Community, Culture and Leisure reports.
There were no Economic Development and Business Growth.
11.1 |
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RESOLVED on the motion of Crs Nadin and Seckold 1. That the nominees listed below for membership of Bemboka Colombo Park, Candelo John Gordon Recreational Reserve, Bermagui Dickinson Oval and Tathra Lawrence Park Site Committees be appointed. 2. That the nominations for S355 General Sportsground Committee representatives for Bemboka Colombo Park, Bermagui Dickinson Oval and Tathra Lawrence Park be endorsed as follows:
In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott
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11.2 |
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RESOLVED on the motion of Crs Allen and Fitzpatrick1. That the grant offer of $90,000 from the Department of Planning, Industry and Environment for preparation of Council’s Wolumla Creek Flood Study at Wolumla and Surrounds be accepted and the funding agreement be executed by the General Manager. 2. That the grant offer of $90,000 from the Department of Planning, Industry and Environment for preparation of Council’s Bega and Brogo Rivers Catchment Flood Warning System Scoping Feasibility Study be accepted and the funding agreement be executed by the General Manager. 3. That the relevant grant co-contributions and budget allocations be made available for each project from General Fund during the project delivery period as per conditions of the funding agreement. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott
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11.3 |
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A point of order was called by Cr Dodds regarding Cr Allen’s statement “……people running out of water is rubbish” Cr Dodds requested Cr Allen to withdraw his statement. The Mayor ruled in favour of the point of order and requested Cr Allen to withdraw his statement. Cr Allen declined to withdraw his statement. Mayor McBain requested Cr Allen to withdraw his statement . Cr Allen acknowledged the personal circumstances of the community regarding shortage of water. Mayor McBain requested Cr Allen to withdraw his statement. Cr Allen withdrew his statement. |
RESOLVED on the motion of Crs Allen and Griff1. That consideration be given to the introduction of Level 1 water restrictions for all four (4) water supply systems in the Bega Valley Shire with delegation provided to the General Manager to make a decision on implementation timing if necessary. 2. That the General Manager be delegated to implement future decisions on water restrictions until current drought conditions ease to enable timely responses to storage level declines or water supply or quality issues created by the bushfires.
In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott
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12.1 |
2019/20 Bega Valley Bushfire Council fee and charges waivers |
RESOLVED on the motion of Crs Allen and Bain1. That Council formally extend its support to the members of our community who have been impacted by the 2019/20 Bega Valley Bushfire disaster. 2.. That Council resolve to waive fees and charges as outlined below and exhibit items a,b,c,d,j, l, m for 28 days from 6 February 2020 AS REQUIRED UNDER 610F Public notice of fees (3) (a) and if not submissions are received progress to implement the same level of fees and charges waiver afforded previously in 2018 with some minor additions with support detailed below: a. Waiver of Council fees associated with the lodgement of a development application, including any pre-lodgement advice, or complying development certificate and other certificates for current owners to rebuild their lost or damaged buildings or subsequent inspections. b. Waiver of waste disposal gate fees for fire-affected material subject to the NSW Government financing the cost to Council to dispose of and manage this waste. c. Waiver of interest on General Rates instalments for the remainder of the financial year for fire effected properties (not destroyed but unable to be lived in) not covered by the NSW Government’s announcement of 4 February 2020. d. Waiver of lease and licences fees paid to Council for use of Council owned and managed land and buildings as detailed in the report to Council of 5 February 2020 for a period of six months being the second half of the 2019/20 financial year. e. That for all Bega Valley Shire Council water customers where water usage for the current period is calculated to be more than 10% above the previous three year average a $50 credit be applied to the account. Customers who have lost their home will not be charged for water used since the last time their meter was read until a new meter is installed. f. Provide a one off reimbursement of up to 13,000L of water (noting this is cost of water only and not cartage by contractor) to residents within fire affected areas that are not connected to Council’s reticulated water supply and have utilised the services of water carters accessing Council water fill stations. The mechanism for this to be provision of evidence of a water account paid to a water carter registered with Council to access Council water fill stations. g. Provide residential and non-residential sewerage customers who have lost their homes or businesses with a credit of 50% of the annual sewer access charge. h. Provide residential and non-residential water customers who have lost their homes or businesses with a credit of 50% of the annual water access charge. i. In recognition of fire-damaged pressure sewer systems Council to repair systems free of charge. The mechanism of this is for Council Water & Sewer Staff to authorise and perform all repairs. j. Water connection fees be waived for reconnection of meters for properties who have had their water meter destroyed by fire. k. Delegate to the General Manager authority to advertise the waiving of green waste fees should the NSW Government commit to funding the management, handling and processing of green waste for a fixed period.
l. Waive library charges for books lost due to bushfires and photocopying of replacement documents for bushfire affected residents. m. Waive tree assessment fees on bushfire affected properties n. Provide free access to pools until 30 June 2020 for residents who have had their primary residence damaged or destroyed 3. That Council formally thank the NSW Government for their decision to provide rate relief for people that have lost their home or business in the fires to cover the full cost of Council rates for the third and fourth quarters of this financial year and to waive applicable government fees, effective immediately, on all development applications related to dwellings damaged or destroyed in the recent bushfires including BASIX Certificate fee and the Planning Reform Fund fee. 4. That Council note that further work is being done to progress a waiving by the NSW Government of the long service levy applied to development applications . 5. That Council write to the Minister for Local Government and Deputy Premier/ Minister for Recovery to request that serious consideration be given to extending the general rate relief to all ratepayers of the Bega Valley Shire Council for a six-month period as we are a severely affected Council. 6. That the Council encourage all landlords within the Shire to follow Council’s path in terms of rent reductions in the immediate future 7. That the Council encourage the NSW State Government to reduce payroll tax for employers in bushfire affected local government areas for the next three months. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott
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03:36 pm Cr Nadin left the meeting.
03:38 pm Cr Nadin returned to the meeting.
There were no Finance reports.
There were no Councillor reports.
15. Rescission/alteration Motions
There were no Rescission/alteration motions.
16.1 |
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RESOLVED on the motion of Crs Nadin and BainThat Council discontinue with the erecting of signs on vegetation that has been illegally removed. In favour: Crs Bain, Nadin and Allen Against: Crs Fitzpatrick, Griff, McBain, Seckold and Dodds ABSENT: Cr Tapscott |
16.2 |
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RESOLVED on the motion of Crs Seckold and GriffThat staff provide a report to Council into the re-establishment of a Youth Council outlining how such a group could now add value to Council’s work and planning. IIn favour: Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Dodds and Allen Against: Nil Absent: Cr Tapscott |
17.1 |
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A report was provided to Council and included in the Business Paper of 5 February 2020 on this matter. |
There was no confidential business.
There was no noting of resolutions from closed session.
There was no declassification of reports considered previously in closed session.
There being no further business, the Chairperson closed the meeting at 4:23 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 5 February 2020.