Ordinary  Meeting Minutes

Held on Wednesday 5 February 2020

At Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega Commencing at 2:00 pm

 


 Present

Cr 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 Attendance

General 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

 

 

Statement of Commencement of Live Streaming

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.

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.

1.

Apologies

 

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

 

2.

Confirmation of Minutes

9/20

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

 

 

3.        Declarations

There were no declarations of interest

 

4.              Public Forum

           Report by Mayor of deputations heard prior to the meeting

The following requests were heard prior to the meeting regarding:

Item 8.1 Outcome of the exhibition of the Draft Rural Residential Strategy

•  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.

6.        Mayoral Minutes

 

6.1

Power, communications and access for designated evacuation centres

 

RESOLVED on the motion of Mayor McBain

That:

1.         Council staff prepare a report to Council providing an assessment of the key locations              for evacuation centres across the Shire, including the needs for accessibility,               modifications to ensure adequate communications (PA systems) and shelter,  Solar PV              and back up battery systems or generators to be available for Council facilities that are              used as neighbourhood safer places, or places for community to gather and exchange              information in times of crisis such as community halls. In prioritising this list extra   weight              be given to facilities that are in communities that have one road in/out.

 

2.         Council audit identified possible evacuations centres to ensure that they have the

             electrical capacity to be connected to an emergency generator and if not rectify as

             required.

 

3.         Council work with Office of Emergency Management to create an emergency response

             kit for each of these locations, such a kit could include a satellite phone or radio              communications  for guidance for communities who become isolated during a crisis              etc.

 

4.         Council request that the NSW State Government offer a funding package to assist in              this type of ‘disaster proofing’ in community.

 

5.         Council also request that the NSW State Government fund any modifications that need

             to be made to public and private buildings that act as Evacuation Centres as a matter of              priority and also investigate increasing funding for already identified projects to include              these aspects.

 

6.         Council request that the State Government work with the State’s energy network              providers to look at better ‘future proofing’ for small communities that are at the end of              the line through micro grid solutions.

 

7.          These representations are also sent to the relevant Federal Ministers.

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

Against:                  Nil

Absent:                    Cr Tapscott

 

 

7.          Urgent Business

                      There was no urgent business.


 

8.          Staff Reports – Planning and Environment

8.1

Outcome of the Exhibition of Draft Rural Residential Strategy

 

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

 

10/20

RESOLVED on the motion of 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.

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

 

9.          Staff Reports – Community, Culture and Leisure

                      There were no Community, Culture and Leisure reports.

10.        Staff Reports – Economic Development and Business Growth

                      There were no Economic Development and Business Growth.

11.        Staff Reports – Infrastructure Waste and Water

 

11.1

Sportsground Site Committee Volunteer Nominations

11/20

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:

Sportsground

Nominations for Site Committee

Representing

Dickinson Oval

Bermagui

Kelly-Lee Jubb (Site Committee & S355 Committee)

Francis Jubb (Site Committee & S355 Committee)

Cricket Club

AFL Club

Lawrence Park Tathra

Cymmon Parker (Site Committee & S355 Committee)

Shannon Grass (Site Committee & Alt S355 Committee)

Lee Manning

Kristopher Manning

Peter Cross

AFL Club

Cricket Club

AFL Club

AFL Club

Community

Colombo Park Bemboka

Venke Mannes (Site Committee & Alt S355 Committee)

Lions Club

John Gordon Recreational Reserve Candelo

David Heffernan

Belinda Heffernan

Community

Tennis Club

 

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

Against:                  Nil

Absent:                    Cr Tapscott

 

 

 

 

 

 

11.2

Floodplain Management Grant Offers

12/20

RESOLVED on the motion of Crs Allen and Fitzpatrick

1.    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

 

 

11.3

Water Restrictions

 

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.

13/20

RESOLVED on the motion of Crs Allen and Griff

1.          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

 

12.        Staff Reports – Governance and Strategy

12.1

2019/20 Bega Valley Bushfire Council fee and charges waivers

14/20

RESOLVED on the motion of Crs Allen and Bain

1.    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

 

 

03:36 pm     Cr Nadin left the meeting.

03:38 pm       Cr Nadin returned to the meeting.

 

13.      Staff Reports – Finance

                   There were no Finance reports.

14.      Councillor Reports

                   There were no Councillor reports.

15.      Rescission/alteration Motions

                   There were no Rescission/alteration motions.

 

 

 

 

 

 

16.      Notices of Motion

 

16.1

Tree Removal Signs

15/20

RESOLVED on the motion of Crs Nadin and Bain

That 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

Re-constitution of Bega Valley Shire Youth Council

16/20

RESOLVED on the motion of Crs Seckold and Griff

That 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.   Questions with Notice

 

17.1

Water Connections - Main Trunk System

 

A report was provided to Council and included in the Business Paper of 5 February 2020 on this matter.

 

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 4:23 pm.

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 5 February 2020.