Ordinary  Meeting Minutes

Held on Wednesday 4 August 2021

Council Chambers, Bega Valley Commemorative Civic Centre Bega 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

Chief 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

 

There were no apologies.

 

2.

Confirmation of Minutes

182/21

RESOLVED on the motion of Crs Seckold and Allen

That the Minutes of the Ordinary Meeting held on 21 July 2021 as circulated, be taken as read and confirmed.

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

Against:                  Nil

Absent:                    Crs Griff and Dodds

 

 

2:02PM        Cr Dodds joined the meeting.

2:02PM        Cr Griff joined the meeting.

3.      Declarations

Pecuniary Interest

Minute Secretary Jackie Grant declared a pecuniary interest regarding Item 11.2 EOI 2021-104 Operation and Management of the Bega Saleyards. A signed declaration form was tabled by Mrs Grant and she will depart the chamber when Item 11.2 is discussed.

Non Pecuniary Interest

Chief Executive Officer, Anthony McMahon, declared a non pecuniary interest and less than significant regarding Item 11.2 EOI 2021-104 Operation and Management of the Bega Saleyards. A signed declaration form was tabled by Mr McMahon and he will remain in the chamber.

The Mayor, Russell Fitzpatrick, declared a non pecuniary interest and less than significant regarding Item 11.2 EOI 2021-104 Operation and Management of the Bega Saleyards. A signed declaration form was tabled Cr Fitzpatrick and he will remain in the chamber.

Cr Seckold declared a non pecuniary interest and less than significant interest regarding Item 11.4 Review of Masterplan for Bega Valley Fields. A signed declaration form was tabled by Cr Seckold      and she will remain in the chamber.

4.      Public Forum

The following deputations were heard:

              Item 8.1 1999.1438 Clay Target Shooting Range - Lot 101 DP 1172182, Murrah River                            Road - Additional Shoot Days

·        Mr Patrick Dickson OBO Murrah river Action Group – AGAINST

·        Mr Gary Pearse OBO Murrah River Action Group – AGAINST

·        Mr Manfred Gegg – AGAINST

·        Mr Neville Brady – FOR

·        Mr Tony Crome - FOR

                   Item 16.1 Recognition of Housing Crisis in Bega Valley Shire

·      Mr Michael Brosnan - FOR

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

5.           Petitions

There were no petitions tabled – reference was made to a petition in relation to Item 8.1 whish staff confirmed was referred to in the report.

6.        Mayoral Minutes

There were no Mayoral Minutes.

 

7.        Urgent Business

There was no Urgent Business.

 

8.          Staff Reports – Planning and Environment

 

8.1

Clay Target Shooting Range - Lot 101 DP 1172182, Murrah River Road - Additional Shoot Days

 

A motion was moved by Crs Griff and Seckold

That Council:

1.    Defer determination of the application and request a separate report from staff to the next         practicable meeting advising Council of matters under Section 4.15 of the Environmental         Planning and Assessment Act 1979 that would enable consideration to be given by Council to         refuse the proposed modification of DA 1999.1438, which would include that:

                     I.            The development fails to mitigate noise impacts on adjoining and nearby rural dwelling.

                   II.            The development fails to mitigate concerns associated with contamination of the site and onto adjoining lands associated with the increase in lead shot.

2.    That those persons who have lodged a submission be notified of Council’s decision.

A Point of order was called by Cr Bain.

The Mayor ruled that there was no point of order.

A point of order was called by Cr Dodds.

The Mayor ruled in favour of the point of order and reminded all Councillors to refrain from  making derogatory and personal comments in the Chamber.

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 Crs Fitzpatrick and Allen

That Council:

1.    Provide in-principle support for the Officer’s Recommendation.

2.    Request a separate report from staff to the next practicable meeting that provides an         amended set of conditions of consent that clarifies the intent of conditions 11, 12 and 13(d)         and references the most recent Planning for Bushfire Protection guidance in condition 15.

3.    That those persons who have lodged a submission be notified of Council’s decision.

The foreshadowed motion became the motion and was put to the vote and it was CARRIED

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

Against:                  Crs Griff and Dodds

183/21

RESOLVED on the motion of Crs Griff and Allen

That the item be dealt with today.

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

Against:                  Cr Nadin

184/21

RESOLVED on the motion of Crs Fitzpatrick and Allen

That Council:

1.    Provide in-principle support for the Officer’s Recommendation.

2.    Request a separate report from staff to the next practicable meeting that provides an         amended set of conditions of consent that clarifies the intent of conditions 11, 12 and 13(d)     and references the most recent Planning for Bushfire Protection guidance in condition 15.

3.    That those persons who have lodged a submission be notified of Council’s decision.

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

Against:       Crs Griff and Dodds

 

8.2

Finalisation of planning proposal to permit dwellings on deemed concessional lots

185/21

RESOLVED on the motion of Crs Nadin and Allen

That Council:

1.    Support the amendment to Bega Valley Local Environmental Plan 2013 (Amendment 39) (Attachment 1) to incorporate provisions to permit consideration of dwellings on deemed concessional lots as exhibited and request that the Minister for Planning and Public Spaces make the plan.

2.    Advise those who made a submission during exhibition of the planning proposal of Council’s         resolution on this matter.

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

Against:                  Nil

 

8.3

Finalisation of planning proposal for certain land at Boydtown

186/21

RESOLVED on the motion of Crs Bain and Nadin

That Council:

1.    Defer item as owners of the land referred to are in lock down in Sydney and they have         requested to attend a face to face public forum.

2.    Write to Department of Planning and Environment, ask for deferral of the matter until such         time as the lockdown is no longer in place.

3.    If deferral is unavailable bring a report back to 18 August 2021 meeting and the owners to         present via zoom

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

Against:                  Crs Griff and Dodds

 

9.          Staff Reports – Community, Culture and Leisure

 

10.        Staff Reports – Economic Development and Business Growth

 

10.1

Memorandum of Understanding with Service NSW

187/21

RESOLVED on the motion of Crs Nadin and Seckold

That Council delegates authority to the Chief Executive Officer to enter into a new Partnership Agreement with Service NSW (Attachment 1) to deliver business support services in Bega Valley Shire.

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

Against:                  Nil

 

11.        Staff Reports – Infrastructure Waste and Water

 

11.1

Proposed divestment of Narira Village Complex in Cobargo

188/21

RESOLVED on the motion of Crs Allen and Dodds

That this Item be deferred for discussion in Closed Session under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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

Against:                  Nil

 

03:44 pm      Cr Dodds left the meeting.

 

11.2

EOI 2021-104 Operation and management of the Bega Saleyards

 

Cr Fitzpatrick declared a non-pecuniary interest regarding Item 11.2 EOI 2021-104 Operation and Management of the Bega Saleyards on the basis the Mayor’s the Executive Assistant is a Director of one of the businesses referred to in the item.

Cr Fitzpatrick remained in the Chamber and took part in debate and voting.

Chief Executive Officer (CEO), Anthony McMahon declared a non-pecuniary interest regarding Item 11.2 EOI 2021-104 Operation and Management of the Bega Saleyards on the basis the CEO Executive Assistant is a Director of one of the businesses referred to in the item.

Mr McMahon remained in the Chamber.

Minute Secretary, Jackie Grant declared a pecuniary interest regarding Item 11.2 EOI 2021-104 Operation and Management of the Bega Saleyards on the basis that she is a Director of RJ & JA Grant Pty Ltd.

Mrs Grant departed the meeting at 03:42pm with Mr McMahon taking minutes for Item 11.2.

A motion was moved by Crs Bain and Nadin

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

2.    That Council note the Expression of Interest process for the operation and management of         the Bega Saleyards has now closed.

3.    That Council consider the Council officers’ recommendation as detailed in the attached         Confidential Report.

4.    That Council receive all three submissions for the Expression of Interest (EOI) regarding the         operation and management of the Bega Saleyards and note the suitability of each         submission.

5.    That Council accepts the EOI submission from Peter Muirhead AOBO Bega Beef Co-op as         detailed in the EOI submission.

6.    That Council authorises the Chief Executive Officer and Mayor to execute lease         documentation with Peter Muirhead AOBO Bega Beef Co-op for a period of five (5) years as         the successful candidate.

7.    That Council authorises the Chief Executive Officer and Mayor to execute lease         documentation with the second applicant being RJ & JA Grant Pty Ltd for a period of five (5)         years should the successful applicant decline the terms and conditions of the lease         agreement.

8.    That Council authorises the CEO and Mayor to execute lease documentation with the third         applicant being Sapphire Horizons for a period of five (5) years should the successful         applicant or second preferred applicant decline the terms and conditions of the lease         agreement.

9.    Until the lease agreement is entered with the preferred applicant, Council approve Sapphire         Horizons Pty Limited to continue as monthly tenants of Bega Saleyards.

10.  That Council authorise the Chief Executive Officer and Mayor to enter into negotiations in         order to execute the necessary lease documentation to provide tenure to the successful         applicant.

189/21

RESOLVED on the motion of Crs Bain and Nadin

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

2.    That Council note the Expression of Interest process for the operation and management of         the Bega Saleyards has now closed.

3.    That Council consider the Council officers’ recommendation as detailed in the attached         Confidential Report.

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

Against:                  Nil

Absent:                    Cr Dodds

190/21

RESOLVED on the motion of Crs Bain and Nadin

4.    That Council receive all three submissions for the Expression of Interest (EOI) regarding the         operation and management of the Bega Saleyards and note the suitability of each         submission.

5.    That Council accepts the EOI submission from Peter Muirhead on behalf of Bega Beef Co-op         as detailed in the EOI submission.

6.    That Council authorises the Chief Executive Officer and Mayor to execute lease         documentation with Peter Muirhead on behalf of Bega Beef Co-op for a period of five (5)         years as the successful candidate.

7.    That Council authorises the Chief Executive Officer and Mayor to execute lease         documentation with the second applicant being RJ & JA Grant Pty Ltd for a period of five (5)         years should the successful applicant decline the terms and conditions of the lease         agreement.

8.    That Council authorises the CEO and Mayor to execute lease documentation with the third         applicant being Sapphire Horizons for a period of five (5) years should the successful         applicant or second preferred applicant decline the terms and conditions of the lease         agreement.

9.    Until the lease agreement is entered with the preferred applicant, Council approve Sapphire         Horizons Pty Limited to continue as monthly tenants of Bega Saleyards.

10.  That Council authorise the Chief Executive Officer and Mayor to enter into negotiations in         order to execute the necessary lease documentation to provide tenure to the successful         applicant.

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

Against:                  Nil

Absent:                    Cr Dodds

 

11.3

EOI 2122-003 Use and occupation of Bar Beach Kiosk, Merimbula

191/21

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council note the Expression of Interest (EOI 2122-003) process carried out for the use and occupation of part Reserve 63203 at Bar Beach, Merimbula.

2.    That Council, as Crown Land Manager of Reserve 63203, approve a further five-year licence with an option for a further five-years to Bar Beach Kiosk Pty Ltd (Phoebe Mills) for their continued occupation of part Reserve 63203 at Bar Beach, Merimbula for an annual rental fee as determined by a formal market valuation and increased annually by CPI.

3.    That Council authorise the Chief Executive Officer and Mayor to execute the necessary licence documentation to provide further tenure.

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

Against:                  Nil

Absent:                    Cr Dodds

 

03:48 pm      Cr Dodds returned to the meeting.

 

11.4

Review of Master Plan for Bega Valley Fields

 

Cr Seckold declared a non-pecuniary interest regarding Item 11.4 Review of Master Plan for Bega Valley Fields on the basis that she has not been part of the review due to only living in the vicinity for 5 months.

Cr Seckold remained in the Chamber and took part in debate and voting.

192/21

RESOLVED on the motion of Crs Seckold and Bain

1.   That Council receive and note the information in the report including the feedback on the       draft document distributed to site users and neighbours for comment.

2.   That Council endorse the attached Draft Master Plan for the Bega Valley Fields Sportsgrounds        with recommended amendments included in the report.

3.    That Council delegate authority to the Chief Executive Officer, if required, to review and         revise this Master Plan for minor amendments arising during the delivery of this plan.

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

Against:                  Nil      

 

11.5

Bega Valley Local Traffic Committee

193/21

RESOLVED on the motion of Crs Nadin and Bain

That Council adopt the recommendations contained in the Bega Valley Local Traffic Committee minutes dated 7 July 2021 and tabled at the 4 August 2021 Council meeting being:

 

1.    That Council approve the proposed arrangements involving public footpaths and shared         pathway within the road reserve of Arthur Kaine Drive, Merimbula, for the Pambula 2         Merimbula 5k Fund Run on Sunday, 7 November 202, that it be deemed a Class 2 special         event and conducted under an approved and current Traffic Control Plan, in accordance with         the Transport for NSW (TfNSW) Traffic Control Manual.

        That persons involved in the preparation and implementation of the Traffic Control Plan must         hold the appropriate RMS accreditation.

        That organisers fully implement an approved Special Event Transport Management Plan.

        That organisers have approved public liability insurance of at least $20 million indemnifying         Bega Valley Shire Council, NSW Police and TfNSW by name for the event.

        That organisers have written Police approval prior to conducting the event.

        That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

        That event organiser liaises with public transport operators.

        That the event operates strictly under the NSW Health Department COVID19 conditions.

2.    That Council approve the proposed arrangements involving public footpaths and parking         spaces contained in road reserves in Ocean Drive, Merimbula for the New Year’s Eve Market         21 on Friday, 31 December 2021, that it be deemed a Class 3 special event and conducted         under an approved and current Traffic Control Plan, in accordance with the Transport for         NSW (TfNSW) Traffic Control Manual.

        That, persons involved in the preparation and implementation of the Traffic Control Plan         must hold the appropriate TfNSW accreditation.

        That organisers have approved public liability insurance of at least $20 million indemnifying         Bega Valley Shire Council, NSW Police and TfNSW by name for the event.

        That organisers have written Police approval prior to conducting the event.

        That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

        That event organiser liaises with public transport operators

        That the event operates strictly under the NSW Health Department COVID19 conditions.

3.    That Council approve the installation of a temporary “Bus Zone” commencing 6.5m from         western edge of the existing Taxi Zone for a distance of 18.5 metres.

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

Against:                  Nil

 

11.6

RFT 2021-09 & RFT 2021-106 Merimbula Airport Infrastructure Works

 

A motion was moved by Crs Bain and Allen

1.    That Council accept the recommendations outlined in the confidential attachment relating to         RFT 2021-95 Merimbula Airport Runway Early Earthworks

2.    That Council accept the tender from Symal Infrastructure Pty Ltd in relation to contract for         the works described in tender RFT 2021-95 Merimbula Airport Runway Early Earthworks, in         the amount of $2,657,627.50  (including GST), subject to variations, provisional sums and         prime cost items.

3.    That Council decline to accept the submitted tenders for RFT 2021-106 Merimbula Airport         Expansion Runway & Precinct Works under Clause 178 of the Local Government (General)         Regulation 2005 and enter into negotiations with the lowest conforming Tender with a view         to entering into a Contract with Symal Infrastructure Pty Ltd for the works to the limit of         available funding.

4.    That all tenderers be advised of Council’s decision.

5.    That authority be delegated to the Chief Executive Officer to execute all necessary         documentation in relation to the request for tender RFT 2021-95 Merimbula Airport Runway         Early Earthworks & RFT 2021-106 Merimbula Airport Expansion Runway & Precinct Works.

6.    Council note that further funding for the Airport through the Federal Government Regional         Airport Program Round 2 has been announced since preparation of this report to the value of         $2,175,000

7.    Council note that further funding for the Airport through the NSW Government Snowy Hydro         Legacy Fund has been applied for and a decision is still awaiting on the outcome.

8.    Council endorse a further loan of up to $2.0 million to be funded by the future income         generated by the lease of General Aviation Precinct land to assist in funding any funding gaps

9.    That Council note the planned runway closure of 6 weeks and the two options for this closure         from late November to late December 2021 or February to till early March 2022.

10. That Council note the options available for the Biodiversity Credit offsets requirements for         the Runway Extension and endorse payout of the credits based upon the Bio Diversity Offset         Credit Calculations - July 2021 of $579k (excluding GST) and progress the creation of the         Stewardship Site at the Airport.

194/21

RESOLVED on the motion of Crs Bain and Nadin

1.    That Council accept the recommendations outlined in the confidential attachment relating to         RFT 2021-95 Merimbula Airport Runway Early Earthworks

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

Against:                  Nil

195/21

RESOLVED on the motion of Crs Bain and Nadin

2.    That Council accept the tender from Symal Infrastructure Pty Ltd in relation to contract for         the works described in tender RFT 2021-95 Merimbula Airport Runway Early Earthworks, in         the amount of $2,657,627.50  (including GST), subject to variations, provisional sums and         prime cost items.

3.    That Council decline to accept the submitted tenders for RFT 2021-106 Merimbula Airport         Expansion Runway & Precinct Works under Clause 178 of the Local Government (General)         Regulation 2005 and enter into negotiations with the lowest conforming Tender with a view         to entering into a Contract with Symal Infrastructure Pty Ltd for the works to the limit of         available funding.

4.    That all tenderers be advised of Council’s decision.

5.    That authority be delegated to the Chief Executive Officer to execute all necessary         documentation in relation to the request for tender RFT 2021-95 Merimbula Airport Runway         Early Earthworks & RFT 2021-106 Merimbula Airport Expansion Runway & Precinct Works.

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

Against:                  Nil

196/21

RESOLVED on the motion of Crs Bain and Allen

6.    Council note that further funding for the Airport through the Federal Government Regional         Airport Program Round 2 has been announced since preparation of this report to the value of         $2,175,000

7.    Council note that further funding for the Airport through the NSW Government Snowy Hydro         Legacy Fund has been applied for and a decision is still awaiting on the outcome.

8.    Council endorse a further loan of up to $2.0 million to be funded by the future income         generated by the lease of General Aviation Precinct land to assist in funding any funding gaps

9.    That Council note the planned runway closure of 6 weeks and the two options for this closure         from late November to late December 2021 or February to till early March 2022.

10. That Council note the options available for the Biodiversity Credit offsets requirements for         the Runway Extension and endorse payout of the credits based upon the Bio Diversity Offset         Credit Calculations - July 2021 of $579k (excluding GST) and progress the creation of the         Stewardship Site at the Airport.

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

Against:                  Nil

 

12.        Staff Reports – Governance and Strategy

 

12.1

Update on Council Elections

197/21

RESOLVED on the motion of Crs Nadin and Allen

It is recommended that Council:

1.    Note the change of date for the 2021 Council to now be held on 4 December 2021

2.    Note that the Mayoral term will be extended until 4 December 2021

3.    Not elect a Deputy Mayor from 4 September 2021 until the 3 December 2021 election

4.    Note that caretaker period will now commence on 4 November 2021

5.    Adopt the 22 September 2021 as an ordinary Council meeting

6.    Not hold an Ordinary Council meeting in December 2021

7.    Receive a further report to set the meeting date for the Mayoral election for the new Council.

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

Against:                  Nil

 

13.        Staff Reports – Finance

 

13.1

Certificate of Investment - June 2021

198/21

RESOLVED on the motion of Crs Bain and Allen

1.    That Council receive and note the attached reports on Council’s investment position as at 30 June 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

 

14.1

Alga - 2021 National General Assembly Conference

 

Cr Dodds report was noted.

 

15.      Rescission/alteration Motions

There were no Rescission/Alteration Motions

16.      Notices of Motion

 

16.1

Recognition of housing crisis in Bega Valley Shire

 

A motion was moved by Crs Griff and Dodds

That Council:

1.    Recognise that Bega Valley Shire is currently experiencing a crisis in housing, which is having profound impacts on people across the housing continuum.

2.     Write to the Australian Assistant Treasurer and Minister for Housing calling for:

a)    increased funding for social and affordable housing, including expansion of the National Housing Finance and Investment Corporation

b)    changes to taxation policy to reduce the impact of short term residential accommodation on the availability of permanent rental accommodation.

3.    Write to the NSW Minister Water, Property and Housing expressing interest in collaborating with the NSW Government to deliver the NSW Housing Strategy 2041 2021‑22 Action Plan, and specifically seeking opportunities to:

a)    identify NSW Government land in Bega Valley Shire that is suitable for short-term and long-term housing uses (Action 1.3.2)

b)    work with Local Aboriginal Land Councils to support use of Aboriginal land for Aboriginal housing and economic development (Action 2.1.1 and Action 3.4)

c)    ensure that any simplified and coordinated planning framework (Action 2.1.4), changes to the Housing SEPP (Action 2.1.2) and improvements to housing legislation (Action 2.3) address the impact of short term residential accommodation on the availability of permanent rental accommodation

d)    trial temporary accommodation options for people experiencing homelessness (Action 2.6.2)

        e)    partner with Land and Housing to develop Council-owned land for social housing (Action                 5.1.3) and develop an affordable housing contribution scheme (Action 5.2.1).

4.    Investigate opportunities for Council to partner with local housing providers to address crisis         housing needs.

5.    Write to the major short term letting platforms seeking support to access accommodation for permanent rental tenants.

 

Amendments were proposed by Crs Bain and Nadin

The amendments were accepted by Crs Griff and Dodds

That Council:

1.    Recognise that Bega Valley Shire is currently experiencing a crisis in housing, which is having profound impacts on people across the housing continuum.

2.     Write to the Australian Assistant Treasurer and Minister for Housing calling for:

a)    increased funding for social and affordable housing, including expansion of the National Housing Finance and Investment Corporation

b)    changes to taxation policy to reduce the impact of short term residential accommodation on the availability of permanent rental accommodation.

3.    Write to the NSW Minister Water, Property and Housing expressing interest in collaborating with the NSW Government to deliver the NSW Housing Strategy 2041 2021‑22 Action Plan, and specifically seeking opportunities to:

a)    identify NSW Government land in Bega Valley Shire that is suitable for short-term and long-term housing uses (Action 1.3.2)

b)    work with Local Aboriginal Land Councils to support use of Aboriginal land for Aboriginal housing and economic development (Action 2.1.1 and Action 3.4)

c)    ensure that any simplified and coordinated planning framework (Action 2.1.4), changes to the Housing SEPP (Action 2.1.2) and improvements to housing legislation (Action 2.3) address the impact of short term residential accommodation on the availability of permanent rental accommodation

d)    trial temporary accommodation options for people experiencing homelessness (Action 2.6.2)

        e)    partner with Land and Housing to develop Council-owned land for social housing (Action                 5.1.3) and develop an affordable housing contribution scheme (Action 5.2.1).

4.    Investigate opportunities for Council to partner with local housing providers to address crisis         housing needs.

5.    Write to the major short term letting platforms seeking support to access accommodation for permanent rental tenants.

6.    Recognise that Bega Valley Shire is currently experiencing a crisis in housing, which is having         profound impacts on people across the housing continuum.

7.    That the Mayor and CEO liaise with the owners of the former Eden Catholic school “St         Josephs” with a view to having the old school provide a short term temporary         accommodation option for homeless persons.

8.    Look for other appropriate opportunities to encourage social and affordable future         subdivisions developments come before the Shire.

9.    In the very short term seek discussions with other caravan parks within the Shire who may be         able to allow SJA vans remain onsite for greater than 3 months.

10.  That Council call on Southern Cross Housing to accelerate the program for the maintenance on   existing housing stock to allow occupancy.

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

Against:                  Nil

 

199/21

RESOLVED on the motion of Crs Griff and Dodds

That Council:

1.    Recognise that Bega Valley Shire is currently experiencing a crisis in housing, which is having profound impacts on people across the housing continuum.

2.     Write to the Australian Assistant Treasurer and Minister for Housing calling for:

a)    increased funding for social and affordable housing, including expansion of the National Housing Finance and Investment Corporation

b)    changes to taxation policy to reduce the impact of short term residential accommodation on the availability of permanent rental accommodation.

3.    Write to the NSW Minister Water, Property and Housing expressing interest in collaborating with the NSW Government to deliver the NSW Housing Strategy 2041 2021‑22 Action Plan, and specifically seeking opportunities to:

a)    identify NSW Government land in Bega Valley Shire that is suitable for short-term and long-term housing uses (Action 1.3.2)

b)    work with Local Aboriginal Land Councils to support use of Aboriginal land for Aboriginal housing and economic development (Action 2.1.1 and Action 3.4)

c)    ensure that any simplified and coordinated planning framework (Action 2.1.4), changes to the Housing SEPP (Action 2.1.2) and improvements to housing legislation (Action 2.3) address the impact of short term residential accommodation on the availability of permanent rental accommodation

d)    trial temporary accommodation options for people experiencing homelessness (Action 2.6.2)

        e)    partner with Land and Housing to develop Council-owned land for social housing (Action                 5.1.3) and develop an affordable housing contribution scheme (Action 5.2.1).

4.    Investigate opportunities for Council to partner with local housing providers to address crisis         housing needs.

5.    Write to the major short term letting platforms seeking support to access accommodation for permanent rental tenants.

6.    Recognise that Bega Valley Shire is currently experiencing a crisis in housing, which is having         profound impacts on people across the housing continuum.

7.    That the Mayor and CEO liaise with the owners of the former Eden Catholic school “St         Josephs” with a view to having the old school provide a short term temporary         accommodation option for homeless persons.

8.    Look for other appropriate opportunities to encourage social and affordable future         subdivisions developments come before the Shire.

9.    In the very short term seek discussions with other caravan parks within the Shire who may be         able to allow SJA vans remain onsite for greater than 3 months.

10.  That Council call on Southern Cross Housing to accelerate the program for the maintenance         on   existing housing stock to allow occupancy.

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

Against:                  Nil

 

04:37 pm      Cr Nadin left the meeting.

 

16.2

Protection of flying foxes in Bega Valley Shire

 

A motion was moved by Crs Griff and Dodds

That Council:

1.    Prioritise completion of the Bega Valley Shire Flying Fox Camp Management Plan, to identify appropriate management measures for grey-headed flying foxes in Bega Valley Shire, including management of heat stress.

2.    Work with the Department of Planning, Industry and Environment’s Biodiversity and Conservation Division (BCD) to review the protection status of Glebe Lagoon reserve and identify additional conservation mechanisms to protect flying fox habitat, if required.

3.    Work with Eurobodalla Shire Council and BCD to reduce threats to the flying fox population on the Far South Coast, including support for wildlife carers.

4.    Work with BCD, Bournda Environmental Education Centre, Pambula Wetlands and Heritage Projects Inc and the Friends of Glebe Wetlands to increase community understanding of the importance of protecting the grey-headed flying fox and its habitat in Bega Valley Shire.

The motion was put to the vote and it was tied.

In favour:             Crs Griff, Seckold and Dodds

Against:                  Crs Fitzpatrick, Bain and Allen

Absent:                    Cr Nadin

The Mayor used his casting vote and the motion was LOST

 

16.3

Management of petitions to Council

 

A motion was moved by Crs Dodds and Griff

That Council:

1.    Amend its requirements for receiving petitions to Council to:

a)    accept signatures from people under the age of 18, and

b)    accept petitions generated by online platforms, providing they contain the names, addresses and digital signatures of petitioners.

2.    Refer petitions tabled at Council to staff for a response to the petitioners and to Council.

3.    Include these amendments in the next iteration of Council’s Code of Meeting Practice and Community Engagement Strategy.

The motion was put to the vote and it was tied.

In favour:             Crs Griff, Seckold and Dodds

Against:                  Crs Fitzpatrick, Bain and Allen

Absent:                    Cr Nadin

The Mayor used his casting vote and the motion was LOST

 

.

Adjournment

200/21

RESOLVED on the motion of Crs Bain and Allen

That the meeting be adjourned for 5 minutes.

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

Against:                  Nil

Absent:                    Cr Nadin

 

4:49pm         The Ordinary Meeting was adjourned.

5.00 pm         The Ordinary Meeting was reconvened.

17.      Questions with Notice

There were no Questions with Notice

18.        Questions without Notice

There were no Questions without Notice

19.        Confidential Business

 

 

Adjournment Into Closed Session

201/21

RESOLVED on the motion of Crs Allen and Dodds

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

11.1 Proposed divestment of Narira Village Complex in Cobargo.

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 (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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, Griff, Seckold, Dodds and Allen

Against:                  Nil

Absent:                    Cr Nadin

 

The recording of the meeting ceased for the period of the Closed Session of Council.

5:00pm         The Ordinary Meeting was adjourned.

5.32 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

20.1

11.1 Proposed divestment of Narira Village Complex in Cobargo

202/21

RESOLVED on the motion of Crs Bain and Dodds

1.    That Council receive and note the report and attached Confidential Memorandum.

2.    That Council decline the offer received from Southern Cross Housing and delegate authority to the Mayor and Chief Executive Officer to negotiate a sale of Lot 2 DP 1027919, being Narira Village Complex in Cobargo for a minimum value as set by Council taking into consideration the valuation received.

3.    That once the sale is finalised the sale amount is made public.

4.    That all fees to finalise this matter be payable by Council and NSW Land and Housing Corporation split as per proportion of shareholding from the proceeds of sale.

 5.   That Council hold the reserve balance of $108,632.78 as well as the net proceeds from the sale of Narira Village for future community housing initiatives in the Shire and transfer the balance of $42,238.72 for the ongoing operation/maintenance and renewal of the Narira facility.

6.    That Council hereby authorise its official seal to be affixed to the contract documents under the signature of the Mayor and Chief Executive Officer. 

7.    That Southern Cross Housing be advised of Council’s decision.

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

Against:                  Nil

Absent:                    Cr Nadin

 

21.        Declassification of reports considered previously in closed session

There were no Declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 5:33 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 4 August 2021.