Ordinary  Meeting Minutes

Held on Wednesday 17 February 2021

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 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.

1.

Apologies

 

There are no apologies.

The absence of Cr Dodds was noted.

 

2.

Confirmation of Minutes

18/21

RESOLVED on the motion of Crs Seckold and Nadin

That the Minutes of the Ordinary Meeting held on 27 January 2021 as circulated, be taken as read and confirmed.

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

Against:                  Nil

ABSENT:                     Cr Dodds

 

 

 

3.          Declarations

There were no declarations of interest.

4.          Public Forum

There was no Public Forum.

5.              Petitions

There were no Petitions.

6.        Mayoral Minutes

There were no Mayoral Minutes.

 

02:05 pm      Cr Dodds joined the meeting.

7.          Urgent Business

7.1

Exploration Licence Applications in the Bega Valley Shire

 

Background

The local community has recently become aware that four exploration licence applications have been lodged with the NSW Resources and Geoscience (the light blue areas shown in the figure below – the dark blue areas are the currently approved exploration licences EL8508, EL7547, EL8679). 

The exploration licence applications (ELA5906, ELA6156, ELA6169 and ELA 6192) all seek approval to explore for Group 1 metallic minerals (antimony, arsenic, bismuth, cadmium, caesium, chromite, columbium, copper, galena, germanium, gold, indium, iron minerals, lead, lithium, manganese, mercury, molybdenite, nickel, niobium, platinum group minerals, platinum, rare earth minerals, rubidium, scandium and its ores, selenium, silver, sulphur, tantalum, tin, tungsten and its ores, vanadium, zinc and zirconia). 

Applicants for these ELAs are Cornfields Pty Ltd (ELA5906), Sapphire Resources Pty Ltd (ELA6156), Buidl Pty Ltd (ELA6169) and Revolution Mining Pty Ltd (ELA6192). Only one of these companies (Sapphire Resources Pty Ltd) holds a current exploration licence (EL8508) in Bega Valley Shire.    Further information about these ELAs and ELs is available at https://minview.geoscience.nsw.gov.au/.

Discussion with NSW Resources and Geoscience indicates that there is no requirement for consultation with local communities, other than publishing notice of an application in two newspapers, at the exploration licence application stage.  There are formal consultation requirements of proponents at the mining lease and development application stages.  NSW Resources and Geoscience advises that further information is available at http://commonground.nsw.gov.au/#!/process and frequently asked questions are available at https://resourcesandgeoscience.nsw.gov.au/landholders-and-community/landholders-rights/common_questions .

As there is little information available in the public domain about these proposals, community concern has been elevated by the uncertainty around them.  This motion seeks to engage with the relevant government agency, through Minister Barilaro, to provide more certainty for the local community and to increase the opportunity for local involvement in the NSW Government’s decision-making process.

 

Figure 1 – Extract from MinView showing ELAs and ELs in Bega Valley Shire

A motion was moved by Crs Griff and Seckold

1.       That Council note that there are significant natural, cultural and agricultural assets within the exploration licence application areas and that the impact of any potential exploration or mining activity is currently unknown.

 

2.       That Council note that any exploration activity would require negotiation of access agreements with relevant landowners.

 

3.       That Council write to the Minister for Regional NSW, Industry and Trade, The Hon John Barilaro MP, requesting increased engagement with the local community and Council in relation to exploration licence applications 5906, 6156, 6169 and 6192, and any future exploration licences within Bega Valley Shire.

The motion was put to the vote and it was CARRIED

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

Against:                  Nil

Abstained:             Cr Bain

 

 

RESOLVED on the motion of Crs Griff and Seckold

1.       That Council note that there are significant natural, cultural and agricultural assets within the exploration licence application areas and that the impact of any potential exploration or mining activity is currently unknown.

 

2.       That Council note that any exploration activity would require negotiation of access agreements with relevant landowners.

 

3.       That Council write to the Minister for Regional NSW, Industry and Trade, The Hon John Barilaro MP, requesting increased engagement with the local community and Council in relation to exploration licence applications 5906, 6156, 6169 and 6192, and any future exploration licences within Bega Valley Shire.

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

Against:                  Nil

Abstained:             Cr Bain

 

 

7.2

Bruce Steer Pool

 

A point of order was called by Cr Dodds regarding asking questions around the matter.

The Mayor ruled against the Point of Order.

A motion was moved by Crs Nadin and Allen

 

1.         That Council immediately halt work on the accessible ramp to the water component of the              Coastal Accessibility project at Bruce Steer Pool.

 

2.         That staff provide an urgent report to Council on alternative options, including how to              proceed with the original design and what the financial implications are.

The motion was put to the vote and it was CARRIED

In favour:             Crs Nadin, Griff, Dodds and Allen

Against:                  Crs Fitzpatrick, Bain and Seckold

 

19/21

RESOLVED on the motion of Crs Nadin and Allen

1.         That Council immediately halt work on the accessible ramp to the water component of the              Coastal Accessibility project at Bruce Steer Pool.

 

2.         That staff provide an urgent report to Council on alternative options, including how to              proceed with the original design and what the financial implications are.

 

In favour:             Crs Nadin, Griff, Dodds and Allen

Against:                  Crs Fitzpatrick, Bain and Seckold

 

 

 

 

8.          Staff Reports – Planning and Environment

There were no Planning and Environment reports.

 

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 reports.

 

 

11.        Staff Reports – Infrastructure Waste and Water

 

11.1

Waste Facility Consolidation and Modernisation Project - Update

 

A motion was moved by Crs Griff and Dodds

That Council endorse:

1.    Immediately increasing opening hours at Bermagui, keeping Cobargo closed, removing the temporary skip bins in place at Cobargo.

2.    Commencing preparation of a Development Application to expand the landfill capacity at Central Waste Facility.

3.    Expanding the kerbside bin collection service to rural properties.

4.    Developing the Bermagui and Eden waste transfer stations to provide more opportunities for greater waste diversion.

5.    Construction of a new waste resource recovery precinct at the Central Waste Facility including organics processing to be included as part of the Central Waste Facility expansion.

6.    Establishing a transitional closure plan for Candelo and Wallagoot waste transfer stations.

7.    Further investigating the most suitable location for a central waste transfer station at either the existing Merimbula site or a new site at the Central Waste Facility.

8.    Staff responding to concerns of raised by local residents in recent correspondence to explore speed and condition of Wanatta Lane, given extra traffic.

An amendment to the motion was proposed by Cr Dodds

1.    Immediately increasing opening hours at Bermagui, keeping Cobargo closed, removing the temporary skip bins in place at Cobargo, once the collection services to rural properties has occurred

The amendment was accepted by Cr Griff.

An addition to the motion was proposed by Cr Dodds

2.    That the CWF be accessible for tip shop contact, but not for FOGO collection.

The addition was not accepted by Cr Griff.

The motion was put to the vote and it was LOST

In favour:             Crs Griff, Seckold and Dodds

Against:                  Crs Fitzpatrick, Bain, Nadin and Allen

 

 

 

 

 

 

 

 

A motion was foreshadowed by Cr Fitzpatrick

That Council endorse:

1.    Immediately increasing opening hours at Bermagui, keeping Cobargo closed, and only         removing the temporary skip bins in place at Cobargo once the collection service to rural         properties has occurred.

 

2.    Commencing preparation of a Development Application to expand the landfill capacity at

        Central Waste Facility.

 

3.    Expanding the kerbside bin collection service to rural properties.

 

4.    Developing the Bermagui and Eden waste transfer stations to provide more opportunities

        for greater waste diversion.

 

5.    Commence planning of a new waste resource recovery precinct at the Central Waste Facility

        including construction and demolition waste and organics processing noting this should not         be accessible by the general public.

 

6.    Establishing a transitional closure plan for Candelo and Wallagoot waste transfer stations.

 

7.    Retaining the Merimbula Waste Transfer station in lieu of a transfer station at the Central         Waste Facility conditional upon organics processing being relocated.

 

An addition to the motion was proposed by Cr Bain

8.    That Council hold an EOI process to gauge private sector interest in resource recovery         services.

The addition was accepted by Cr Fitzpatrick.

An amendment to Point 1 of the motion was proposed by Cr Allen

1.    That council immediately increase opening hours at Bermagui, keeping Cobargo closed and         only not removing the temporary skip bins in place at Cobargo once until the collection         service to rural properties has occurred.

The amendment was accepted by Cr Fitzpatrick.

An amendment was proposed by Cr Nadin

2.    Commencing preparation of a Development Application to expand the landfill capacity at

        Central Waste Facility. Begin planning for a new site to house a future central waste facility in         the Bega Valley Shire, noting the current facility has about 15-20 years before the current six         cells will be at capacity.

 

The amendment was not accepted by Cr Fitzpatrick.

A motion was moved by Crs Fitzpatrick and Bain

That Council endorse:

1.    Immediately increase opening hours at Bermagui, keeping Cobargo closed and not         removing the temporary skip bins in place at Cobargo until the collection service to rural         properties has occurred.

 

2.    Commencing preparation of a Development Application to expand the landfill capacity at

        Central Waste Facility.

 

3.    Expanding the kerbside bin collection service to rural properties.

 

4.    Developing the Bermagui and Eden waste transfer stations to provide more opportunities

        for greater waste diversion.

 

5.    Commence planning of a new waste resource recovery precinct at the Central Waste Facility

        including construction and demolition waste and organics processing noting this should not         be accessible by the general public.

 

6.    Establishing a transitional closure plan for Candelo and Wallagoot waste transfer stations.

 

7.    Retaining the Merimbula Waste Transfer station in lieu of a transfer station at the Central         Waste Facility conditional upon organics processing being relocated.

 

8.    Holding an EOI process to gauge private sector interest in resource recovery services.

The motion was put to the vote and it was CARRIED

In favour:             Crs Fitzpatrick, Bain, Seckold and Allen

Against:                  Crs Nadin, Griff and Dodds

 

  20/21

RESOLVED on the motion of Crs Fitzpatrick and Bain

That Council endorse:

1.    That council immediately increase opening hours at Bermagui, keeping Cobargo closed and         not removing the temporary skip bins in place at Cobargo until the collection service to rural         properties has occurred.

 

2.    Commencing preparation of a Development Application to expand the landfill capacity at

        Central Waste Facility.

 

3.    Expanding the kerbside bin collection service to rural properties.

 

4.    Developing the Bermagui and Eden waste transfer stations to provide more opportunities

        for greater waste diversion.

 

5.    Commence planning of a new waste resource recovery precinct at the Central Waste Facility

        including construction and demolition waste and organics processing noting this should not         be accessible by the general public.

 

6.    Establishing a transitional closure plan for Candelo and Wallagoot waste transfer stations.

 

7.    Retaining the Merimbula Waste Transfer station in lieu of a transfer station at the Central         Waste Facility conditional upon organics processing being relocated.

 

8.    Holding an EOI process to gauge private sector interest in resource recovery services.

In favour:             Crs Fitzpatrick, Bain, Seckold and Allen

Against:                  Crs Nadin, Griff and Dodds

 

 

 

 

 

11.2

EOI 2021-62 - Occupation of office space within Bermagui Community Centre

21/21

RESOLVED on the motion of Crs Seckold and Allen

1.    That Council receive and note this report and Confidential Report attached.

2.    That Council note the Expression of Interest process for the occupation of office space within Bermagui Community Centre has now closed.

3.    That Council approve a further five-year licence to Bermagui Historical Society for their continued occupation of space within the Bermagui Community Centre for the market rental fee of $6,875 (plus GST), less a rebate achieved of 67%.

4.    That Council approve a further five-year licence to Four Winds for their continued occupation of space within the Bermagui Community Centre for the market rental fee of $14,350 per annum (plus GST), less a rebate achieved of 56%.

5.    That Council approve a further five-year licence to Southern NSW Local Health District for their continued occupation of space within the Bermagui Community Centre for the market rental fee of $7,198.98 (plus GST).

6.    That Council authorise the General Manager and Mayor to execute the above-mentioned licence agreements.

7.    That Council make an application to NSW Department of Industry – Lands and Water for an investigation to be undertaken to create a reserve over Lot 2 DP 1102635 and for Council to be appointed as the Crown Land Manager of the reserve.

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

Against:                  Nil

 

11.3

Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan

22/21

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council endorse the findings and recommendations of the Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan dated 23rd December 2020 as the best available flood information and interim measures for use in managing the flood risk within the identified catchment area and for future emergency response planning

2.    That a copy of the final endorsed Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan be published on Council’s website, provided to Council’s Local Emergency Management Committee and the State Emergency Service for their information.

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

Against:                  Nil

 

11.4

Proposed divestment of Lot 121 DP 847899 Arthur Kaine Drive, Merimbula

23/21

RESOLVED on the motion of Crs Fitzpatrick and Nadin

That Council decline to accept the offer as detailed in the attached Confidential Memorandum and request that staff bring back a report on options.

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

Against:                  Nil

 

11.5

Pambula River, Pambula Lake and Yowaka River Catchment Flood Study Final Findings

24/21

RESOLVED on the motion of Crs Dodds and Seckold

1.    That Council endorse the findings and recommendations of the Pambula River, Pambula Lake and Yowaka River Catchment Flood Study as the best available flood information and interim measures for use in developing any subsequent floodplain risk management study and plan; and future emergency response planning

2.    That a copy of the final endorsed Pambula River, Pambula Lake and Yowaka River Catchment Flood Study be published on Council’s website and provided to Council’s Local Emergency Management Committee for its information

3.    That a further report be presented to Council following the public exhibition to consider final         adoption of the flood study.

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

Against:                  Nil

 

12.        Staff Reports – Governance and Strategy

 

12.1

Half Yearly Report on Implementation of Council's Operational Plan 2020-2021

25/21

RESOLVED on the motion of Crs Bain and Dodds

That Council note the progress on the 2020-2021 Operational Plan from 1 July 2020 to 31 December 2020 and place Attachment 1 of this report on Council’s website, with the following amendment to Activity Code 4.8.1.1:   

For the period Jul-Dec 2020: Total applications received: 260 Total applications determined: 326 Estimated project cost of development: $92m

% Applications determined within 40 days: 61.7%

% Applications determined between 40-60 days: 18.7%

% Applications determined over 60 days: 19.6%

Applications determined by Private Certifiers: 68 applications totalling $7.5m of works

 

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

Against:                  Nil

 

13.        Staff Reports – Finance

 

13.1

December QBRS

26/21

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council receive and note the December 2020 Quarterly Budget Review Statement.

2.    That the budget recommendations detailed in the December 2020 quarterly budget   review statement be adopted.

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

Against:                  Nil

 

 

13.2

Certificate of Investment

27/21

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council receive and note the attached reports indicating Council’s investment position as at 31 January 2021.

2.    That Council note the certification of the Responsible Accounting Officer.

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

Against:                  Nil

 

14.      Councillor Reports

There were no Councillor Reports.

15.      Rescission/alteration Motions

There were no Rescission/alteration Motions.

16.      Notices of Motion

 A Notice of Motion from Cr Cathy Griff was raised under Item 7.1 Urgent Business.

 A Notice of Motion from Cr Mitchell Nadin was raised under Item 7.1 Urgent Business.

 

17.      Questions with Notice

 

17.1

Cr Nadin: Bar Beach sand spit

 

A response to Cr Nadin’s question was provided as a report in the Ordinary Council Meeting Agenda of 17 February 2021.

 

18.        Questions without Notice

 

18.1

Traffic Improvement Projects

 

Cr Bain asked for a report on traffic improvement projects that have been raised through the Traffic Committee that have not progressed due to the lack of funding. Could this report identify funding opportunities for these projects.

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

 

18.2

Staffing Numbers

 

Cr Bain asked for a report on the numbers of staff across all portfolio areas of Council.

The question was taken on notice by the General Manager.

 

19.        Confidential Business

 

Adjournment Into Closed Session

28/21

RESOLVED on the motion of Crs Allen and Seckold

1.    That Council resolve to adjourn into Closed Session to discuss the following confidential items:

19.1    Personnel Matter

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals.

 

2.    That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above.

3.    That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2).

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

Against:                  Nil

 

4:14 pm       The live streaming of the meeting ceased for the period of the Closed Session of Council.

4:14 pm       The Ordinary Meeting was adjourned.

4:25 pm         The Confidential Closed Session meeting commenced.

4:55 pm         The Confidential Closed Session meeting concluded.

5:15 pm         The Ordinary meeting was reconvened.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording of the Council Meeting would recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.

20.        Noting of Resolutions from Closed Session

20.1a

Noting of Resolutions from Closed Session

29/21

RESOLVED on the motion of Crs Allen and Nadin

That the resolutions from Closed Session held on 17 February 2021 be brought forward.

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

Against:                  Nil

 

 

20.1b

Confidential Closed Session Item 19.1 - Personnel Matter

30/21

RESOLVED on the motion of Crs Fitzpatrick and Bain

1.    That Council note the correspondence from the General Manager with confirmation of her         intention not to seek renewal of her current contract and acknowledge her contribution         over her 19 plus years’ service with Council, including eight years as General Manager.

2.    That Council commence a recruitment process for Council’s next General Manager in line         with the recruitment and selection requirements of the Local Government Act 1993 and         seek quotations from recruitment providers in accordance with Council’s procurement         policy.

3.    That Council establish a Selection Panel for the recruitment process for the position made         up   of all Councillors that can make themselves available for the full process to be part of         the Panel, an appropriately qualified independent and the nominated representative from         the recruitment provider.

4.    That the Selection Panel assess quotations from qualified recruitment providers and         approve the appointment of the provider.

5.    That Council change the title of the position to Chief Executive Officer (CEO).

6.    That Council note a communications plan will be developed and the Mayor is the sole         Council spokesperson to support a seamless transition to the commencement of a new         CEO.

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

Against:                  Crs Griff and Dodds

 

 

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 5:41pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 17 February 2021.