Ordinary  Meeting Minutes

Held on Wednesday 11 November 2020

Via Zoom 2:00pm

 


 Present

Cr Russell Fitzpatrick , Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Kristy McBain

Cr Mitchell Nadin

 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

Manager Communications and Events, Ms Emily Harrison

Project Lead, Recovery, Rebuilding and Resilience, Mr Chris Horsburgh

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. 

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.

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.

Statement by the Mayor – Naidoc Week and Remembrance Day

Today we mark two very significant occasions – NAIDOC Week and Remembrance Day.

NAIDOC week is a celebration of the history, culture and achievements of Aboriginal and Torres Strait Islander peoples.

And despite the restrictions presented by COVID-19, there are some wonderful events and activities in our libraries, galleries and online to celebrate this year’s theme – Always Was, Always Will Be.

Today, we also observe Remembrance Day.

We remember those in our armed forces who have died in the line of duty and we continue to reflect with humility on the enduring connections created by this selfless service.

It is also an opportunity to give thanks again to the villagers of Villers-Bretonneaux who earlier this year, mobilised to raise funds in our time of need, reaffirming their solidarity with Australia that was forged 102 years ago.

Both Remembrance Day and NAIDOC week provide an opportunity for reflection and deep gratitude.

The Mayor called a minute’s silence, to mark Remembrance Day.

1.

Apologies

 

There were no apologies.

 

2.

Confirmation of Minutes

245/20

RESOLVED on the motion of Crs Bain and Dodds

1.    That the Minutes of the Ordinary Meeting held on 28 October 2020 as circulated, be taken as         read and confirmed.

2.    That Item 11.5 of the Minutes of the Ordinary Meeting held on 7 October 2020 be         amended where indicated in red below:

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

Against:                  Nil

Abstained:             Cr McBain

3.          Declarations

There were no declarations of interest

 

4.          Public Forum

             Report by Mayor of deputations heard prior to the meeting

   Item 11.1 Risk to residents due to significant degradation of Woodlands Land Bald Hills

                   •    Mr Stephen Dobbie

                   •    Mr Howard Bartholomuesz

•    Mr Robert Crewe

·    via audio visual link (Zoom)

                   The comments and addresses from these requests were circulated to Councillors and are available            on Council’s website.

 

5.              Petitions

                   Cr Seckold tabled a petition from Henrietta Mitford Burgess, Secretary of Bega Red Cross for the    Security and Tenure of the Bega Saleyards Kiosk containing eight signatures and two letters.

 

                   6. Mayoral Minutes

                   There were no Mayoral Minutes.

 

7.        Urgent Business

                   There was no Urgent Business.

 

8.          Staff Reports – Planning and Environment

 

8.1

Endorsement of Planning Proposal for a Heritage Conservation Area in Imlay Street, Eden and Associated Guidelines in Development Control Plan 2013

 

 

A motion was moved by Crs Seckold and Dodds

That Council:

1.            Resolve to support the South Imlay Street Heritage Conservation Area Planning Proposal (Attachment 1).

2.            Authorise Council officers to submit the planning proposal and supporting information to the Department of Planning, Industry and Environment requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3.            Resolve to exhibit the proposed amendments to Chapter 2.3 ‘Eden Town Centre’ Development Control Plan 2013 to provide design guidelines within the proposed Eden Heritage Conservation Area (Attachment 2).

4.            Consider a further report from staff in relation to feedback received during public exhibition undertaken as part of the Gateway process and exhibition of the associated draft amendments to Bega Valley Development Control Plan 2013.

The motion was put to the vote and it was LOST

 

In favour:             Crs Griff, Seckold and Dodds

Against:                  Crs Fitzpatrick, Bain, McBain, Nadin and Allen

 

A motion was foreshadowed by Crs Bain and Nadin

That Council:

1.            Note the report.

2.            Resolve to consult with the community of Eden on the proposed amendments to 2.3 ‘Eden Town Centre’ Development Control Plan 2013 to provide design guidelines within the proposed Eden Heritage Conservation Area.

3.            Consider a further report from staff in relation to feedback received during public consultation, prior to considering a Conservation Area Planning Proposal and referral for a Gateway Determination.

The motion was put to the vote and it was CARRIED

 

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

Against:                  Crs Dodds and Griff

 

 

246/20

RESOLVED on the motion of Crs Bain and Nadin

1.            Note the report.

2.            Resolve to consult with the community of Eden on the proposed amendments to 2.3 ‘Eden Town Centre’ Development Control Plan 2013 to provide design guidelines within the proposed Eden Heritage Conservation Area.

3.            Consider a further report from staff in relation to feedback received during public consultation, prior to considering a Conservation Area Planning Proposal and referral for a Gateway Determination.

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

Against:                  Crs Griff and Dodds

 

 

9.          Staff Reports – Community, Culture and Leisure

There were no Community, Culture and Leisure reports.

 

10.        Staff Reports – Economic Development and Business Growth

 

10.1

Prospectus 2.0

247/20

RESOLVED on the motion of Crs Bain and Allen

That Council note and endorse the Prospectus 2.0 project list as presented, to be developed into a funding Prospectus similar to the 2017 Infrastructure Prospectus.

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

Against:                  Nil

 

 

 

10.2

BCRRF Stream 2 and BLER Funding

248/20

RESOLVED on the motion of Crs Dodds and Seckold

That Council endorse the projects as outlined in the supplementary attachment for lodging as applications under the Bushfire Local Economic Recovery (BLER) and Phase 2 Bushfire Community Recovery and Resilience Fund Stream 2 (BCRRF2) funding programs.

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

Against:                  Nil

 

 

 

10.3

BCRRF Stream 2 and BLER Funding - Supplementary Attachment

 

Refer to resolution for Item 10.2.

 

 

11.        Staff Reports – Infrastructure Waste and Water

 

11.1

Risk to residents due to significant degradation of Woodlands Lane, Bald Hills

249/20

RESOLVED on the motion of Cr Bain and Fitzpatrick

That:

1.    The matter be deferred until after a meeting with all Councillors and residents of         Woodlands Lane.

 

2.    Council note the significant gap between potential developer contributions yield and the cost to upgrade Woodlands Lane and bridge which will continue to increase over time.

3.    Council note the estimated annual financial impact of taking on responsibility for managing Woodlands Lane and bridge.

4.    A further report be brought back for Council to finalise its position after further engagement with residents.

5.    That Council contact the Local State Member to ask that he be involved in discussions on the matter.

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

Against:                  Nil

 

11.2

Bega saleyards

250/20

RESOLVED on the motion of Crs Seckold and Allen

 

1.    That Council give notice of its intention to classify Lot 1 and 2 DP 1268814 at Kerrisons Lane, Bega as operational land under section 34 of the Local Government Act 1993 (NSW) upon registration of the plan of subdivision.

2.    That Council enter into a formal Deed of Agreement and Licence with the NSW Rural Fire Service, for the provision of Lot 1 DP 1268814 at Kerrisons Lane, Bega for the purpose of establishing a fit for purpose emergency control centre and regional facility, as detailed in the attached draft Deed.

3.    That Council approve the subdivision of Lot 282 DP 750190 and Lot 2 DP 1268814 for lease purposes as shown on the attached draft plan for lease purposes.

4.    That Council note a public Expression of Interest process will be conducted by Council officers for the use and management of the Saleyards facilities incorporating a clause in relation to the ongoing use arrangements of the Kiosk through a community constituted organisation, shown as Lot 282 DP 750190 and Lot 2 DP 1268814 on the draft plan for lease purposes attached and the results be presented back to Council for consideration.

5.    That Council approve a further 3-month lease to Sapphire Horizons Pty Limited, from 31 December 2020 to 31 March 2021 on the same terms and conditions as the existing lease.

6.    That Council delegate authority to the General Manager and Mayor to execute the necessary documentation to affect the above course of action.

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

Against:                  Nil

 

 

11.3

RFT 2021-03 Pretty Point Bridge Construction

251/20

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council accept the recommendation in the Confidential Attachment 1

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

Against:                  Nil

 

252/20

RESOLVED on the motion of Crs Bain and Nadin

2.    That Council accept the tender for RFT 2021/03 Pretty Point Bridge from South East Civil and Crane for $854,892 (including GST) subject to variations, provisional sums and prime cost items.

3.    That Council delegate to the General Manager authority to award the tender and execute all necessary documentation.

4.    That Council officers advise unsuccessful tenderers of Council’s decision.

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

Against:                  Nil

 

 

 

12.        Staff Reports – Governance and Strategy

There were no Governance and Strategy reports.

 

13.        Staff Reports – Finance

There were no Finance reports.

14.      Councillor Reports

 

14.1

Canberra Region Joint Organisation Board Meeting 26 October 2020

 

The Councillor report on the Canberra Region Joint Organisation Board meeting of 26 October 2020 was included in the Agenda of the Ordinary Council Meeting of 11 November 2020.

 

 

14.2

Australian Coastal Councils Annual General Meeting - 16 October 2020

 

The Councillor report on the Australian Coastal Councils Association’s Annual General Meeting of 16 October 2020 was included in the Agenda of the Ordinary Council Meeting of 11 November 2020.

 

15.      Rescission/alteration Motions

There were no Rescission/alternation Motions.

 

16.      Notices of Motion

 

16.1

Background on Use of Council Facilities for historical related purposes

 

A motion was moved by Crs Fitzpatrick and Allen

That Council be provided with a report in relation to the use of Council facilities by museums, including current management arrangements, costs and possible options in relations to financial support for the important voluntary committees operating from these assets.

An amendment to the motion was proposed by Cr Griff

The amendment was not in line with the Code of Meeting Practice and was not accepted.

 

253/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council be provided with a report in relation to the use of Council facilities by museums, including current management arrangements, costs and possible options in relations to financial support for the important voluntary committees operating from these assets.

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

Against:                  Nil

 

 

16.2

Cobargo public amenities

254/20

RESOLVED on the motion of Crs Allen and McBain

1.    That Council rebuild the public toilets in Cobargo, destroyed in the Summer fires, at their previous location in the main street.

2.    That staff provide a report to Council on the costs associated with constructing an additional single, accessible toilet at Apex Park in Cobargo.

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

Against:                  Nil

 

 

16.3

Bega Valley Regional Learning Centre options

255/20

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council undertake necessary investigation to provide a report on the ownership and management options for the Bega Valley Regional Learning Centre.

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

Against:                  Nil

 

 

 

 

 

 

 

 

 

  17.   Questions with Notice

 

17.1

Cr Bain - Drought funding

 

A response to this question on notice was provided as a report in the Agenda of the Ordinary Council Meeting of 11 November 2020.

 

 

17.2

Cr Nadin - Old Pambula Courthouse

 

A response to this question on notice was provided as a report in the Agenda of the Ordinary Council Meeting of 11 November 2020.

 

 

17.3

Cr Nadin - Tura Library

 

A response to this question on notice was provided as a report in the Agenda of the Ordinary Council Meeting of 11 November 2020.

 

 

17.4

Cr Bain - Eden Lime Incident

 

A response to this question on notice was provided as a report in the Agenda of the Ordinary Council Meeting of 11 November 2020.

 

 

18.        Questions without Notice

18.1

Water Line Repair

 

Cr Allen asked for an update on the status of the water line repair following flooding.

The question was taken on notice by Director Assets and Operations.

 

18.2

Planting of Street Trees

 

Cr Dodds asked for an update on Council capacity to commence a street tree planting program, particularly in Canning Street, Bega as previously proposed.

The question was taken on notice by Director Assets and Operations.

 

18.3

Traffic Light Timing - Merimbula

 

Cr Nadin asked for clarification on the process for complainants to follow regarding the traffic light timing in Merimbula.

Mr McMahon replied indicating that the complainants can contact Council direct regarding the matter.

 

18.4

Employment Figures for Bega Valley Shire

 

Cr Griff asked if Council could have an update on employment figures and data relevant to our Shire.

The General Manager responded that the recently completed Canberra Region Joint Organisation Workforce Strategy will be reported to Council and the continued idProfile work on economic and employment impacts from COVID-19 will be circulated as received.

 

18.5

Eden Lime - Request for Verbal Update

 

Cr Bain asked for a verbal update regarding the Eden Lime incident.

The General Manager provided the verbal update, noting a community meeting as resolved had been held. Attendees were from outside Eden. A follow up meeting will be held prior to the next Eden Councillors in the Community session.

 

18.6

Street Furniture Renewal - Bemboka

 

Cr Bain asked if the street furniture in Bemboka is being renewed would it be possible to donate the existing street furniture for use at Colombo Park.

The question was taken on notice by Director Assets and Operations.

 

18.7

Robertson St Bemboka

 

Cr Bain asked for a report regarding the condition of Robertson St in Bemboka.

The question was taken on notice by Director Assets and Operations.

 

18.8

Colombo Park Trustee

 

Cr Nadin asked for clarification regarding the Trustee for the Colombo Park in Bemboka.

The question was taken on notice by Director Assets and Operations.

 

19.        Confidential Business

There was no Confidential Business.

 

20.        Noting of Resolutions from Closed Session

There was no noting of resolutions from closed session.

21.        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 3:46 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 11 November 2020.