Ordinary Meeting Minutes
Held on Wednesday 18 August 2021
Via Zoom 2:00pm
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PresentCr Russell Fitzpatrick , Mayor Cr Liz Seckold, Deputy Mayor Cr Tony Allen Cr Robyn Bain Cr Jo Dodds Cr Cathy Griff Cr Mitchell Nadin |
In AttendanceChief Executive Officer, 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 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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2. |
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192/21 |
RESOLVED on the motion of Crs Bain and Nadin That the Minutes of the Ordinary Meeting held on 4 August 2021 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
3. Declarations
Pecuniary Interest
Cr Mitchell Nadin declared a pecuniary interest regarding Item 8.1 Residential Flat Building (40 Units) and Strata Subdivision, Lots 1 and 2 DP 521571 – 95-97 MainStreet, Merimbula. Cr Nadin will depart the Zoom meeting when Item 8.3 is discussed.
4. Public Forum
The following deputations were heard:
Item 8.1 Residential Flat Building Building (40 Units) and Strata Subdivision, Lots 1 and 2 DP 521571 - 95-97 Main Street, Merimbula
· Mr Damien Foley OBO Club Sapphire – FOR
· Mr Garrett Barry OBO Club Sapphire – FOR
Item 8.2 Dwelling and carport, 10 Moruya Street, Quaama
· Ms Cecile Bower - FOR
Item 8.3 Finalisation of planning proposal for certain land at Boydtown
· Mr Myall Stevens OBO KPMG - AGAINST
· Mr Alex Cockerill OBO WSP - AGAINST
· Mr Michael Milliken OBO Boydtown Pty Ltd – AGAINST
Item 10.1 Submission on Snowy Mountains Special Activation Precinct Draft Master Plan
· Mr David Gallan OBO Far South Coast Branch of National Parks Association (NSW) Inc. - AGAINST
There were no Petitions.
There were no Mayoral Minutes.
7. Urgent Business
A motion was moved by Crs Fitzpatrick and Allen
Staff have brought to my attention an urgent item of late
business relating to delegations that if not dealt with prior to the next
meeting of Council could have significant impacts.
In accordance with section 9.3(a) of the code of meeting practice, I move that
Council deal with an urgent late report on delegations at Item 12.3 to be
considered today.
In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen
Against: Nil
8. Staff Reports – Planning and Environment
02:04 pm Cr Nadin left the meeting.
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8.1 |
Residential Flat Building (40 Units) and Strata Subdivision, Lots 1 and 2 DP 521571 - 95-97 Main Street, Merimbula |
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193/21 |
RESOLVED on the motion of Crs Allen and Griff That this item be dealt with today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
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194/21 |
RESOLVED on the motion of Crs Allen and Bain1. That Council assume the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notifies the Department accordingly. 2. That Council approve the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013. 3. That Council approve the variation to the minimum site area for residential flat buildings under Clause 4.1(A)(3)(d) of the Bega Valley Local Environmental Plan 2013. 4. That Council approve development application 2020.509 for Residential Flat Building (40 Units) and Strata Subdivision subject to the conditions of consent provided in Attachment 3. 5. That those who made a submission be notified of Council’s determination. In favour: Crs Fitzpatrick, Bain, Griff, Seckold, Dodds and Allen Against: Nil Absent: Cr Nadin
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02:05 pm Cr Nadin returned to the meeting.
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8.2 |
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195/21 |
RESOLVED on the motion of Crs Seckold and Dodds That this item be dealt with today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
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196/21 |
RESOLVED on the motion of Crs Seckold and Allen1. That Council assume the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013 2. That Council approve a variation to Clause 4.1A to allow the erection of a dwelling on Lot 1 DP 377525 known as 10 Moruya Street, Quaama. 3. That Council approve development application 2021.267 subject to the conditions of consent provided in Attachment 1. 4. That those who made a submission be advised of Council’s decision. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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8.3 |
Finalisation of planning proposal for certain land at Boydtown |
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197/21 |
RESOLVED on the motion of Crs Griff and Dodds That this item be dealt with today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
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198/21 |
RESOLVED on the motion of Crs Dodds and SeckoldThat Council 1. Support the amendment to Bega Valley Local Environmental Plan 2013 (Amendment 38) for certain land at Boydtown as exhibited (Attachment 1) and request that the Minister of 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 |
9. Staff Reports – Community, Culture and Leisure
There were no Staff reports – Community, Culture and Leisure.
10. Staff Reports – Economic Development and Business Growth
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10.1 |
Submission on Snowy Mountains Special Activation Precinct Draft Master Plan |
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A motion was moved by Crs Griff and Dodds That Council make a submission (Attachment 1) to the NSW Department of Planning, Industry and Environment providing feedback on the Snowy Mountains Special Activation Precinct Draft Master Plan, seeking a 50 day extension to the closing date for submissions, given the importance of the development and the imposition on Covid to holding relevant consultative meetings. The submission would include the addition of the following response to Principle 4: Principle 4 Carrying Capacity: Council notes the significant additional infrastructure proposed for Kosciusko National Park. This fragile, alpine environment is an important natural asset for NSW and the Bega Valley Shire. While the Discussion Paper identifies the need to protect and enhance sensitive environmental values of the park and surrounds, the draft master plan does not include reference to minimising the environmental impacts arising from proposed additional tourism. Council proposes that this be specifically included in the objectives for Principle 4 and that quantitative strategic indicators be developed to measure the effectiveness of the SAP in protecting these important alpine environmental values. A Point of order was called by Cr Griff. The Mayor ruled that there was no point of order.
A motion was foreshadowed by Cr Nadin That Council make a submission (Attachment 1) to the NSW Department of Planning, Industry and Environment providing feedback on the Snowy Mountains Special Activation Precinct Draft Master Plan.
The motion of Crs Griff and Dodds was put to the vote and it was LOST. In favour: Crs Griff, Seckold and Dodds Against: Crs Fitzpatrick, Bain, Nadin and Allen
The foreshadowed motion of Cr Nadin was seconded by Cr Allen and became the motion
A motion was foreshadowed by Cr Dodds That Council make a submission (Attachment 1) to the NSW Department of Planning, Industry and Environment providing feedback on the Snowy Mountains Special Activation Precinct Draft Master Plan with the addition of the extension time of 25 days consultation period. The motion of Crs Nadin and Allen was put to the vote and it was CARRIED In favour: Crs Fitzpatrick, Bain, Nadin and Allen Against: Crs Griff and Seckold Abstained: Cr Dodds
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199/21 |
RESOLVED on the motion of Crs Allen and Nadin That this item be dealt with today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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200/21 |
RESOLVED on the motion of Crs Nadin and Allen That Council make a submission (Attachment 1) to the NSW Department of Planning, Industry and Environment providing feedback on the Snowy Mountains Special Activation Precinct Draft Master Plan. In favour: Crs Fitzpatrick, Bain, Nadin and Allen Against: Crs Griff and Seckold Abstained: Cr Dodds |
11. Staff Reports – Infrastructure Waste and Water
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11.1 |
Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers |
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201/21 |
RESOLVED on the motion of Crs Nadin and Allen1. That Council receive and note the report. 2. That Council give notice to the Minister for Lands and Forestry of the name and contact details of Council’s engaged or employed Native Title Managers, as required, under Section 8.8 of the Crown Land Management Act 2016 (NSW). In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Absent: Cr Dodds (camera off)
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11.2 |
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202/21 |
RESOLVED on the motion of Crs Bain and Nadin1. That Council receive and note the information in the report. 2. That Council endorse the final concept designs for the Eden skatepark and the connecting areas. 3. That Council delegate authority to the Chief Executive Officer to procure any supply items specified by the respective landscape architects. 4. That Council delegate authority to the Chief Executive Officer, if required, to endorse amendments to the design to fit within the project budget. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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12. Staff Reports – Governance and Strategy
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12.1 |
Report on Implementation of Council's Operational Plan 2020-2021 |
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203/21 |
RESOLVED on the motion of Crs Bain and NadinCouncil note the progress on the 2020-2021 Operational Plan from 1 January 2021 to 30 June 2021 and include Attachment 1 of this report with the 2020-2021 Annual Report. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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12.2 |
Appointment of Councillor representatives to Committees and External Bodies. |
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204/21 |
RESOLVED on the motion of Crs Allen and Seckold1. That Council extend the appointment of the current delegates to positions as outlined in the table below until the next term of Council is elected. 2. That Council extend the term of current Section 355 committee members until the next term of Council is elected. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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12.3 |
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205/21 |
RESOLVED on the motion of Crs Fitzpatrick and Allen That this item be dealt with as urgent today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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206/21 |
RESOLVED on the motion of Crs Dodds and Seckold1. That Council notes and resolves to delegate to the Mayor, General Manager (Chief Executive Officer) and Committees of Council the functions described in Attachment 1, and including delegation to the CEO of: a. all of the functions of Council as provided in the Local Government Act 1993, except those excluded by Section 377 of the Local Government Act 1993 and those delegated to the Mayor and Committees of Council; and b. as set out at items 1 to 16 under the heading of “Delegations to the Chief Executive Officer (General Manager)”. 2. That the adopted Register of Delegations - Part 1 (Attachment 1) be published on Council’s website. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
13. Staff Reports – Finance
There were no Staff Reports – Finance.
There were no Councillor Reports.
15. Rescission/alteration Motions
There were no Rescission/alteration Motions.
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16.1 |
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A motion was moved by Crs Dodd and Griff That Council publicly exhibit proposed changes to Council’s adopted 2021-2022 Fees and Charges to waive the following fees described in Council’s Fees and Charges for businesses to use public land in the shire’s towns and villages: a) Application fees for use of public land for outdoor eating, footpath displays and fixed premises signage, b) Outdoor eating annual rental fees, and c) Shopfront footpath displays, fixed premises signage fees. Crs Dodds and Griff withdrew the motion and moved a new motion That staff provide a report on available options to support local businesses as a result of impacts of COVID and potential impacts of different support options. The motion was put to the vote and it was CARRIED In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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207/21 |
RESOLVED on the motion of Crs Dodds and GriffThat staff provide a report on available options to support local businesses as a result of impacts of COVID and potential impacts of different support options. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
There were no Questions with Notice.
18. Questions without Notice
There were no Questions without Notice.
19. Confidential Business
There was no Confidential Business.
20. Noting of Resolutions from Closed Session
There were 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 3:06 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 18 August 2021.