Ordinary Meeting Minutes
Held on Wednesday 21 July 2021
Council Chambers, Bega Valley Commemorative Civic Centre Bega 2:00pm
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PresentCr Russell Fitzpatrick , Mayor Cr Liz Seckold, Deputy Mayor Cr Tony Allen
Cr Cathy Griff Cr Mitchell Nadin |
In AttendanceChief Executive Officer, Mr Anthony McMahon Director, Assets and Operations, Mr Ian Macfarlane Director, Community, Environment and Planning, Dr Alice Howe Director, Business and Governance, Mrs Iliada Bolton Manager Communications and Events, Ms Emily Harrison Minute Secretary, Mrs Jackie Grant |
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 |
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That the apologies from Cr Robyn Bain and Cr Jo Dodds for the meeting of 21 July 2021 be noted. |
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2. |
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160/21 |
RESOLVED on the motion of Crs Allen and Seckold That the Minutes of the Ordinary Meeting held on 30 June 2021 as circulated, be taken as read and confirmed. |
3. Declarations
There were no declarations of interest.
4. Public Forum
The following deputations were heard:
Item 8.4 Finalisation of Commercial Land Use Strategy Planning Proposal
• Mr Graeme Brittliff – AGAINST
• Ms Naomi White - AGAINST
The comments and addresses from these requests were circulated to Councillors and are available on Council’s website.
Cr Griff mentioned a petition containing 39 signatures regarding concerns of lack of footpaths from Tathra Lion’s Village for residents to walk to shops, use their walkers or electric scooters.
Cr Griff mentioned a petition containing 109 signatures regarding protection of the grey headed flying foxes and their habitat at the Glebe Wetlands by:
• Requiring that a new species impact statement is done
• Council order an immediate halt to all on site activity at the Littlewoods Estate development
• Seek that an effective buffer is restored
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 |
Outcome of exhibition of draft amendment to Bega Valley Development Control Plan 2013 - South Imlay Street Eden Heritage Conservation Area |
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161/21 |
RESOLVED on the motion of Crs Allen and SeckoldThat Council: 1. Resolve to adopt an amendment to the Bega Valley Shire Development Control Plan 2013 (Attachment 1) to introduce provisions for the South Imlay Street heritage precinct in Eden, pending the outcome of the exhibition of a planning proposal to introduce a South Imlay Street Eden Heritage Conservation Area. 2. Authorise Council officers to submit a planning proposal and supporting information for the introduction of a Heritage Conservation Area for South Imlay Street Eden (Attachment 3) 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. Consider a further report from staff in relation to feedback received during public exhibition of the planning proposal undertaken as part of the Gateway process 4. That those who made submissions to the amendment to Bega Valley Development Control Plan 2013 be notified of Council’s decision. In favour: Crs Fitzpatrick, Griff, Seckold and Allen Against: Cr Nadin Absent: Crs Bain and Dodds
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8.2 |
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162/21 |
RESOLVED on the motion of Crs Nadin and AllenThat Council: 1. Publicly exhibit a draft Contaminated Land Policy (Attachment 1) for not less than 42 days. 2. Receive a further report from staff following public exhibition. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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8.3 |
Endorsement of planning proposal for minor amendments to Bega Valley Shire Local Environmental Plan 2013 |
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163/21 |
RESOLVED on the motion of Crs Seckold and Allen1. Support a planning proposal to implement several minor amendments to Bega Valley Local Environmental Plan 2013. 2. Authorise Council officers to submit the planning proposal (Attachment 1) 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. Authorise Council officers, subject to the conditions of the Gateway Determination and providing no substantial changes to the planning proposal are required, to progress the planning proposal to finalisation and gazettal without a further report to Council. In favour: Crs Fitzpatrick, Griff, Seckold and Allen Against: Cr Nadin Absent: Crs Bain and Dodds
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8.4 |
Finalisation of Commercial Land Use Strategy Planning Proposal |
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164/21 |
RESOLVED on the motion of Crs Fitzpatrick and NadinThat Council: 1. Finalise the amendment to Bega Valley Local Environmental Plan 2013 (Amendment 37) as detailed in this report and in accordance with the delegations issued by the Minister for Planning and Public Spaces under Section 3.36 of the Environmental Planning and Assessment Act 1979, excluding a) properties in Canning and Peden Street, Bega and b) properties at 47 Merimbula Drive, Merimbula, and 3 and 5-7 Sapphire Coast Drive, Merimbula. 2. Advise those who made a submission during exhibition of the planning proposal of Council’s resolution on this matter. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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8.5 |
Application to Modify Development Consent - Central Hotel Redevelopment 90-94 Gipps Street Bega |
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165/21 |
RESOLVED on the motion of Crs Allen and SeckoldThat Council: 1. Refuse the application to modify Development Consent No 2008.340 to remove the requirement to install the handrail along that part of Clark Lane ((Attachment 1). 2. Note that the grounds for refusal to remove of the requirement for a suitable safety barrier to adequately separate the pedestrian footpath and the vehicular carriageway are that it would not be in the public interest. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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9. Staff Reports – Community, Culture and Leisure
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9.1 |
Outcome of the public exhibition of the proposed amendments to grants, awards and scholarships programs |
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166/21 |
RESOLVED on the motion of Crs Seckold and AllenThat Council: 1. Note the feedback received during the public exhibition of the proposed amendments to Council’s grants, awards and scholarship programs. 2. Consolidate the existing Awards and Scholarships Committee, Bega Valley Medallion Committee and various grant determination processes into a Grants Committee comprised of Councillors and senior staff, and an Awards Committee comprised of Councillors and members of the community. 3. Note Council’s support for the diverse range of community-led events across the Bega Valley Shire that are held on Australia Day, ANZAC Day and NAIDOC Week, within available resources. 4. Undertake the following changes to Council’s grants, awards and scholarships programs, as identified in this report, which in summary are to: a) Amend the delivery of Council’s community grants and scholarships program in line with community feedback b) Provide administrative oversight of the community grants program delivered in partnership with the Mumbulla Foundation, under the Memorandum of Agreement with the Mumbulla Foundation, and this be reviewed in 12 months, c) Combine Council’s annual Local Awards and Bega Valley Medallion Awards (with retention of the Bega Valley Medallion Award name) and discontinue Council’s annual Sportsperson of the Year Award d) Hold one major annual ceremony to award the Bega Valley Citizen of the Year, Senior Citizen of the Year, Young Citizen of the Year and Medallion Awards, and conferral of citizenship on Australia Day e) Hold minor citizenship ceremonies on the date not adopted for the Shire’s main awards ceremony and on other dates throughout the year, subject to demand and the requirements of the Australian Department of Home Affairs. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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9.2 |
Memorandum of Understanding with Atlas of Life in the Coastal Wilderness |
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167/21 |
RESOLVED on the motion of Crs Griff and SeckoldThat Council delegate to the Chief Executive Officer authority to enter into a Memorandum of Understanding with Atlas of Life in the Coastal Wilderness Inc. (Attachment 1) to work collaboratively to support citizen science in Bega Valley Shire. In favour: Crs Fitzpatrick, Griff and Seckold Against: Crs Nadin and Allen Absent: Crs Bain and Dodds
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9.3 |
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168/21 |
RESOLVED on the motion of Crs Griff and SeckoldThat Council delegate to the Chief Executive Officer authority to enter into a Memorandum of Understanding (MOU) with Mumbulla Foundation (Attachment 1) to support community based activities across the Shire. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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9.4 |
Office of Local Government
Model Social Media Policy |
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169/21 |
RESOLVED on the motion of Crs Nadin and SeckoldThat Council provide a submission (Attachment 1) to the Office of Local Government on the consultation draft of the Model Social Media Policy. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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10. Staff Reports – Economic Development and Business Growth
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10.1 |
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170/21 |
RESOLVED on the motion of Crs Allen and GriffThat Council resolve to endorse the Investment Prospectus (Attachment 1). In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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10.2 |
Proposal to become a member of the Bega Valley Circularity Co-operative |
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171/21 |
RESOLVED on the motion of Crs Allen and SeckoldThat Council: 1. Note its previous commitment to directly support the Bega Circular Valley initiative, including in-principle support to become a member of the Bega Valley Circularity Co‑operative Ltd. 2. Resolve to become a foundation member of the Circularity Co-operative Ltd. 3. Delegate to the Chief Executive Officer responsibility for Council’s involvement in the Circularity Co-operative Ltd. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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11. Staff Reports – Infrastructure Waste and Water
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11.1 |
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172/21 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council defer item 11.1 to the 4 August 2021 Council meeting. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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11.2 |
Zingel Place Administration Building Upgrade - Project & Costings |
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173/21 |
RESOLVED on the motion of Crs Allen and Seckold1. That Council receive and note the report. 2. That Council endorse the Concept Design Report for the Bega Valley Shire Council Administration Building upgrade. 3. That Council endorse the Master Plan for Zingel Place, including the shared reception and entrance with the Bega Valley Regional Gallery and Administration Building. 4. That Council endorse the Concept Plan for Level 00 and Level 01 for the Bega Valley Shire Council Administration Building upgrade. 5. That Council receive and note the cost plan for the overall estimated project cost is $8.975 million with a construction cost of $6.7 million. This figure includes contingencies and consultant fees for services and assumes a construction commencement in 2023. 6. That Council make an allocation in the future long-term financial modelling of $8.975million in capital expenditure to allow the Bega Valley Shire Council Administration Building upgrade. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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11.3 |
Pambula River Pambula Lake Yowaka River Flood Study Final Findings |
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174/21 |
RESOLVED on the motion of Crs Seckold and Griff1. That Council adopt the findings and recommendations of the Pambula River, Pambula Lake and Yowaka River 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 Pambula River, Pambula Lake and Yowaka River Flood Study be published on Council’s website and provided to Council’s Local Emergency Management Committee for its information. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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11.4 |
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175/21 |
RESOLVED on the motion of Crs Allen and Nadin1. That Council receive and note the report 2. That Council approve the proposal to name the service road in Merimbula, Bowlers Drive noting the name does not comply with Council’s Road Naming Procedure 4.10.6. 3. That Council advertise the proposed road name on its website, inviting submissions to the proposal. 4. That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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11.5 |
Divestment of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui |
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176/21 |
RESOLVED on the motion of Crs Allen and Nadin1. That Council receive and note the report. 2. That Council retain ownership of Lot 281 DP 1158995 at 137 Murrah Street, Bermagui until funding can be identified to demolish the water reservoir and shed encroaching onto Nutley’s Creek Road, Bermagui. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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11.6 |
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177/21 |
RESOLVED on the motion of Crs Allen and Nadin1. That Council grant a formal easement for an underground electrical service over Council owned operational land being part Lot 12 DP 1110585 at Upper Brogo Road, Brogo to the benefit of Essential Energy. 2. That the Transfer Granting Easement note the requirement for Essential Energy, to maintain and repair in perpetuity the underground electrical service. 3. That all costs associated with creation and grant of the easement including Council’s legal costs, survey work, plan preparation and registration fees be borne by Council. 4. That the Chief Executive Officer and/or Mayor be authorised to execute the necessary documentation to effect creation of the easement. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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12. Staff Reports – Governance and Strategy
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12.1 |
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178/21 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council resolve to use firms listed in the following two panels: · The NSW Government Legal Services Panel State Government Legal Panel and · Local Government Procurement Panel of Approved Legal Services Providers Local Government Procurement Legal Panel. 2. That local firms be considered and where appropriate, engaged through Council’s existing procurement policy and procedures for legal services for matters with a value of less-than $50,000 or where local legal representation is required. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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12.2 |
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179/21 |
RESOLVED on the motion of Crs Allen and Nadin That the Council Meeting scheduled for 11 August 2021 be held on 18 August 2021. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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13. Staff Reports – Finance
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13.1 |
Council to act as a guarantor on a loan for the purposes of extending the Eden Killer Whale Museum building |
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180/21 |
RESOLVED on the motion of Crs Allen and Nadin1. Council delegate authority to the Chief Executive Officer of Bega Valley Shire Council to execute documents related to the guarantee for the Eden Killer Whale Museum building extension loan. 2. This delegation is based on the in-principle support to act as Guarantor following a due diligence assessment of the required documentation. 3. Should the due diligence assessment result in a recommendation not to proceed, the Chief Executive Officer will bring a further report to Council for their decision. In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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14.1 |
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Cr Seckold’s report was noted. |
15. Rescission/Alteration Motions
There were no Rescission/Alteration Motions.
There were no Notices of Motion.
There were no Questions with Notice.
18. Questions without Notice
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18.1 |
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· What is the timeline and who is conducting those investigations? · When can the community expect an invitation to be members on the reference group? · What is the current state of the bridge? Mr Macfarlane responded that: · A number of studies are currently being undertaken on Cuttagee Bridge and the surrounds. A draft Heritage Assessment and Coastal Storm Hazard Analysis have been received and are being reviewed by staff. Additionally a Tier 2 Structural Assessment is scheduled to be carried out but is currently delayed due to Covid issues and new dates are being investigated. · It is hoped that members of the public will be invited to be part of the Cuttagee Bridge Advisory Group (CBAG) by the end of this week. This is timed to coincide with the Cuttagee Bridge project page being launched on the Council website with the latest information. · The bridge is deemed safe to traffic under its current load limit at this time, pending results of the structural assessment |
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
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21.1 |
CL112/21 of Confidential Closed Session Council Meeting of 12 May 2021 – Item 19.1 CEO Recruitment |
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181/21 |
RESOLVED on the motion of Crs Allen and Nadin 1. That following the Ordinary Council Meeting of 12 May 2021, as per resolution 113/21, discussions were held between the Mayor and Council staff announcing the appointment of the interim CEO. 2. That Council declassify resolution CL112/21 of Item 19.1 CEO recruitment, of the confidential closed session Council Meeting of 12 May 2021:
In favour: Crs Fitzpatrick, Nadin, Griff, Seckold and Allen Against: Nil Absent: Crs Bain and Dodds
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Closure
There being no further business, the Chairperson closed the meeting at 3:03 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 21 July 2021.