Ordinary Meeting Minutes
Held on Wednesday 24 November 2021
Via Zoom 2:00pm
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PresentCr Russell Fitzpatrick , Mayor Cr Liz Seckold Cr Tony Allen Cr Robyn Bain 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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96/21 |
RESOLVED on the motion of Crs Allen and Seckold That the apology from Cr Dodds for 24 November 2021 Council meeting be noted. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
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2. |
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97/21 |
RESOLVED on the motion of Crs Bain and Allen That the Minutes of the Ordinary Meeting held on 3 November 2021 as circulated, be taken as read and confirmed. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
3. Declarations
There were no declarations of interest
4. Public Forum
The following deputations were heard:
Item 8.4 Finalisation of planning proposal to introduce the South Imlay Street conservation area
· Ms Gail Ward – FOR
5. Petitions
There were no petitions.
6. Mayoral Minutes
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6.1 |
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98/21 |
RESOLVED on the motion of Crs Fitzpatrick and Nadin That the statement made by The Mayor be noted. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
7. Urgent Business
There was no Urgent Business.
8. Staff Reports – Planning and Environment
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8.1 |
Clause 4.6 Variations to Development Standards Approved by Council for July to September 2021 Period |
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99/21 |
RESOLVED on the motion of Crs Allen and SeckoldThat Council note the Clause 4.6 Variations approved by Council (Attachment 1) for the period July 2021 to September 2021. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
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8.2 |
Request to vary development standard - 53 McDonald Road, Wandella |
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100/21 |
RESOLVED on the motion of Crs Allen and SeckoldThat Council: 1. Support in principle the erection of a dwelling house on Lot 540 DP 859896, known as 53 McDonald Road, Wandella. 2. Seek the concurrence of the Secretary of the Department of Planning, Infrastructure and Environment pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013 for variation to the 120 hectare minimum lot size development standard specified by Clause 4.2A(3)(a) of the Bega Valley Local Environmental Plan 2013 to allow the erection of a dwelling on Lot 540 DP 859896. 3. Should the Secretary of the Department of Planning, Infrastructure and Environment grant concurrence to the proposed variation to the minimum lot size development standard, in the specific exceptional circumstances of this application, that staff be delegated to determine the application subject to standard conditions, generally as outlined in the Draft Conditions of Consent (Attachment 1). 4. Should the Secretary of the Department of Planning, Infrastructure and Environment refuse concurrence, that staff be delegated to refuse the application. 5. Should the Secretary of the Department of Planning, Infrastructure and Environment grant concurrence to the proposed variation, that Council release the current restriction on use of land over Lot 540 DP 859896 at 53 McDonald Road, Wandella to enable to the landowners to erect a dwelling on the land parcel. 6. That all costs associated with release of the restriction on use of land including Council’s legal costs, survey work, plan preparation and registration fees be borne by the Applicant. 7. That the Chief Executive Officer and/or Mayor be authorised to execute the necessary documentation to effect the release of the restriction on use of land. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
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8.3 |
Use of Land for Dwelling Purposes - request to vary minimum lot size, 26-28 Cobargo Street, Quaama |
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101/21 |
RESOLVED on the motion of Crs Nadin and AllenThat Council: 1. Assume the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 20-002 and pursuant to Clause 4.6 of Bega Valley Local Environmental Plan 2013. 2. Approve a variation to Clause 4.1A to allow the land use for a dwelling on Lot 3 Section 4 DP 758860 known as 26-28 Cobargo Street, Quaama. 3. Approve development application 2021.407 for use of the land for a dwelling, subject to the conditions of consent provided in Attachment 1. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
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8.4 |
Finalisation of planning proposal to introduce the South Imlay Street Heritage Conservation Area |
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102/21 |
RESOLVED on the motion of Crs Griff and Nadin1. That the item be dealt with today. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
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103/21 |
RESOLVED on the motion of Crs Seckold and GriffThat Council 2. Finalise the amendment to Bega Valley Local Environmental Plan 2013 to introduce the South Imlay Street Heritage Conservation Area subject to the revisions detailed in Attachment 1 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. 3. 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 and Allen Against: Nil Absent: Cr Dodds |
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8.5 |
Amendment to planning proposal for rural residential land, South Pambula |
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104/21 |
RESOLVED on the motion of Crs Bain and Nadin1. That Council staff prepare a planning proposal for Site 1, as detailed in this report, and submit it to the Department of Planning, Industry and Environment for Gateway Determination 2. That following Gateway Determination, the planning proposal be placed on public exhibition. 3. That at the conclusion of the exhibition period, Council officers prepare a further report to Council if material amendments to the planning proposal are required to address submissions received during the exhibition period. 4. That should no material changes to the planning proposal for Site 1 be required in response to submissions received during the exhibition period, Council officers progress the planning proposal to finalisation and gazettal without a further report to Council. 5. That Council request an amendment to the Gateway Determination for the South Pambula Rural Residential Planning Proposal to remove all references to Site 1, give delegation for Council to be the local plan-making authority, and extend the timeframe for completion of the amendment by six months. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
9. Staff Reports – Community, Culture and Leisure
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9.1 |
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105/21 |
RESOLVED on the motion of Crs Bain and GriffThat Council: 1. Support the proposed expenditure of NSW partnerships – Local Council Funding Stage 2 funds as described in this report. 2. Endorse the Chief Executive Officer to make variations to funding allocations if required to meet funding deed requirements. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
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9.2 |
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106/21 |
RESOLVED on the motion of Crs Bain and AllenThat Council: 1. Recognise that recovery from the Black Summer bushfires is ongoing for the Bega Valley community and that, for all those touched by the fires, the recovery process is unique. 2. Recognise the significant support the Bega Valley Shire received, and continues to receive, from people across the region, the country and internationally. 3. Lower the flags in Littleton Gardens to half-mast on 31 December 2021 to mark the occasion that the Black Summer bushfires reached the Bega Valley Shire. 4. Establish a community small grant program to support people across the Bega Valley Shire to recognise the Black Summer bushfires in their own way. 5. Delegate to staff authority to disburse the small grant program between 6 December 2021 and 31 March 2022. 6. Note that the manner in which Council recognises the anniversary of the end of the fires, on 4 March 2022, will be determined by the new Council. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
10. Staff Reports – Economic Development and Business Growth
There were no Economic Development and Business Growth reports.
11. Staff Reports – Infrastructure Waste and Water
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11.1 |
Colombo Park Bemboka - Concept Design for New Amenities Building and Picnic Area |
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107/21 |
RESOLVED on the motion of Crs Bain and Allen1. That Council receives and notes the information in the report. 2. That Council endorses the concept design for the Colombo Park amenities building and picnic area including the recommended amendments noted in the Community and Stakeholder Engagement section of this report. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
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11.2 |
Disposal of Easement to Essential Energy to support Merimbula Airport works |
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108/21 |
RESOLVED on the motion of Crs Allen and Seckold1. That Council grant a formal easement for an overhead electrical service over Council owned operational land being Lot 2 DP 549112, Arthur Kaine Drive, Merimbula 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 overhead 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, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds
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11.3 |
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109/21 |
RESOLVED on the motion of Crs Bain and Allen That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 16 November 2021 to be tabled at the 24 November 2021 Council meeting being: 1. That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed each day from 9am to 5pm on 18, 19, and 20 February 2022 for the Far South Coast National Show. That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 9am to 5pm on 18, 19, and 20 February 2022 for the Far South Coast National Show. That the proposed traffic arrangements for the Far South Coast National Show be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with 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 fully implement an approved Special Event Transport Management Plan. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW (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 Use of Public Land approval. That the event operates strictly under the NSW Health Department COVID19 conditions. That after the event, organisers are to clean up any rubbish or waste left behind 2. That, subject to conditions, Zingel Place, Bega between the Sapphire Marketplace roundabout and entrance to the Littleton Gardens car park be temporarily closed between 7:00am and 10.30am on Wednesday 26 January 2022 for the Bega Australia Day celebrations. That the proposed traffic arrangements involving the temporary closure of Zingel Place, Bega for the Bega Australia Day celebrations on Wednesday, 26 January 2022, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with 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 fully implement an approved Special Event Transport Management Plan. That organisers have approved public liability insurance of at least $20 million for the event. That organisers have written Police approval prior to conducting the event. That the event achieves all conditions of Council’s Use of Public Land approval. That the event operates strictly under the NSW Health Department COVID19 conditions. That after the event, organisers are to clean up any rubbish or waste left behind. 3. That, subject to conditions, Fishpen Road, Merimbula between the intersections of Marine Parade and Calendo Court be temporarily closed between 7.00am and 5.00pm on Sunday, 13 March 2022 for Eat Merimbula Food Festival. That, as per the Local Traffic Committee meeting recommendations of 5 July 2017 which were adopted by Council on 16 August 2017 regarding events in the Fishpen area, the Eat Merimbula event was considered for one-lane closure only but deemed to be a two-lane closure for safety purposes. That the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place. That the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the Eat Merimbula Festival on Sunday, 13 March 2022 be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the NSW Transport for NSW (TfNSW) Traffic Control Manual. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate NSW TfNSW accreditation. That organisers fully implement an approved Special Event Transport Management Plan. 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 the event operates strictly under the NSW Health Department COVID19 conditions. That after the event, organisers are to clean up any rubbish or waste left behind. 4. That, subject to conditions, the section of Beach Street, between Market Street and Alice Street, Merimbula be temporarily closed each Saturday from 2pm to 9pm from 11 December 2021 through until 12 January 2022 for the Merimbula Twilight Holiday Markets. That the proposed traffic arrangements for Merimbula Twilight Holiday Markets be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with 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 fully implement an approved Special Event Transport Management Plan. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW (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 Use of Public Land approval. That the event operates strictly under the NSW Health Department COVID19 conditions. That after the event, organisers are to clean up any rubbish or waste left behind. 5. That, subject to conditions, Upper Cobargo Road be temporarily closed between 8.00am and 5.00pm on Saturday, 11 June 2022 for the duration of a competitive stage of the Bega Valley Rally. That, subject to conditions, Coopers Gully Road be temporarily closed between 8.00am and 5.00pm on Saturday, 11 June 2022 for the duration of a competitive stage of the Bega Valley Rally. That, subject to conditions, Walls Flat & Wents Road be temporarily closed between 12.00pm and 5.00pm on Saturday, 11 June 2022 for the duration of a competitive stage of the Bega Valley Rally. That, subject to conditions, Buckajo Road, Spring Creek Road be temporarily closed between 12.00pm and 5.00pm on Saturday, 11 June 2022 for the duration of a competitive stage of the Bega Valley Rally. That, subject to conditions, Niagra Lane / Comans Lane be temporarily closed between 12.00pm and 5.00pm on Saturday, 11 June 2022 for the duration of a competitive stage of the Bega Valley Rally. That, subject to conditions, Perico Road be temporarily closed between 4.00pm and 11.00pm on Saturday, 11 June and 6.00am – 6.00pm Sunday, 12 June 2022 for the duration of a competitive stage of the Bega Valley Rally. That, subject to conditions, Snake Track be temporarily closed between 4.00pm and 11.00pm on Saturday, 11 June and 6.00am – 6.00pm Sunday, 12 June 2022 for the duration of a competitive stage of the Bega Valley Rally. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate Transport for NSW 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 Transport for NSW by name for the event. That organisers obtain approval from the Commissioner of NSW Police or their delegate, under Section 115 of the Road Transport Act 2013, prior to conducting the event. That signage be displayed advising of road closure. 6. That, subject to conditions, Carp Street, Bega be temporarily closed between the intersections of Auckland Street and Gipps Street for the Bega Chamber of Commerce Retail Promotion between 3pm and 9pm on Friday 17 December 2021. That the proposed traffic arrangements involving the temporary closure of Carp Street, Bega for the Bega Chamber of Commerce Retail Promotion on Friday, 17 December 2021, be deemed a Class 2 special event and it be conducted under an approved 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 full implement an approved Special Event Transport Management Plan. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and TfNSW Services 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 Use of Public Land approval. That the event operates strictly under the NSW Health Department COVID19 conditions. That after the event, organisers are to clean up any rubbish or waste left behind. 7. That Council approve the installation of a timed School Bus Zone for the collection of students on Wallaga Lake Road between the hours of 7.30am to 7.45am School Days commencing at the northern end of the mandatory “No Stopping” of the school crossing, for a length of 20 metres. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
12. Staff Reports – Governance and Strategy
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12.1 |
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110/21 |
RESOLVED on the motion of Crs Allen and NadinThat Council note the End of Term report for the period 1 July 2017 to November 2021 and publish the report to Council’s website on 6 December 2021. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
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12.2 |
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111/21 |
RESOLVED on the motion of Crs Nadin and SeckoldThat Council: 1. Receive and note the 2020-21 Annual Report, with the absence of Attachment 2, Council’s Audited Financial Statements. 2. Ensure that once the Audited Financial Statements are returned to Council from the Audit Office that they are included as an attachment to the Annual Report. 3. Provide a copy of the 2020-21 Annual Report to the NSW Office of Local Government by 30 November. 4. Publish the 2020-21 Annual Report on Council’s website on 6 December 2021 In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
13. Staff Reports – Finance
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13.1 |
Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2021 |
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112/21 |
RESOLVED on the motion of Crs Griff and AllenThat council: 1. Note the NSW Audit Office has advised they are unable to provide the audited statements in time to allow for the minimum timeframe required to give public notice of the intent to present the statements to a Council meeting prior to the 4 December 2021 Council elections. 2. Note that a report will be provided to the new Council to present the audited financial statements in the new year. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
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13.2 |
Quarterly Budget Review Statement (QBRS) September 2021 - Q1 |
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113/21 |
RESOLVED on the motion of Crs Allen and Nadin1. That Council receive and note the September 2021 Quarterly Budget Review Statement. 2. That the budget recommendations detailed in the September 2021 Quarterly Budget Review Statement be adopted. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
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13.3 |
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114/21 |
RESOLVED on the motion of Crs Bain and Nadin1. That Council receive and note the attached report on Council’s investment position as at 31 October 2021. 2. That Council notes the certification of the Responsible Accounting Officer. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold and Allen Against: Nil Absent: Cr Dodds |
14. Councillor Reports
There were no Councillor Reports.
15. Rescission/Alteration Motions
There were no Recission/Alteration Motions.
16. Notices of Motion
There were no Notices of Motion.
17. Questions with Notice
There were no Questions with Notice.
18. 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 were no Declassification of reports considered previously in closed session.
Closure
There being no further business, the Chairperson closed the meeting at 3:14 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 24 November 2021.