Ordinary Meeting Minutes
Held on Wednesday 16 June 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 Robyn Bain Cr Jo Dodds Cr Cathy Griff Cr Mitchell Nadin |
In AttendanceGeneral Manager, Ms Leanne Barnes Director, Assets and Operations, Mr Anthony McMahon Director, Community, Environment and Planning, Dr Alice Howe Director, Business and Governance, Mrs Iliada Bolton Manager Communications and Events, Ms Emily Harrison Minute Secretary, Mrs Bec Jones |
Statement of Commencement of Live Streaming
The Mayor made an announcement about live streaming requirements:
Council meetings are recorded and live streamed to the Internet for public viewing.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.
Acknowledgement of Traditional Custodians of Bega Valley Shire
The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the Traditional Custodians of the lands and waters of the Shire, the people of Yuin nation, to show respect to elders past and present.
1. |
Apologies |
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2. |
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113/21 |
RESOLVED on the motion of Crs Dodds and Seckold That the Minutes of the Ordinary Meeting and Closed session held on 12 May 2021 as circulated, be taken as read and confirmed, with the following amendments, as indicated in red text:
In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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3. Declarations
Non Pecuniary Interest
Cr Seckold declared a non pecuniary interest regarding Item 11.2 Bega Valley Local Traffic Committee, on the basis that she is the chair of the Bega Tathra Saferide. A signed declaration form was tabled by Cr Seckold and she will remain in the Chamber and take part in debate or voting on this item.
4. Public Forum
The following deputations were heard:
Item 16.1 Cr Jo Dodds – Rescission and Notice of Motion – Popularly Elected Mayor Referendum
• Mr Joshua Shoobridge - AGAINST
Item 16.2 Cr Mitchell Nadin – Merimbula Skate Park Location
• Mr Peter O’Keefe - FOR
• Mr Judith Geary - AGAINST
The comments and addresses from these requests were circulated to Councillors and are available on Council’s website.
There were no petitions.
Statement by the Mayor
The Mayor made a statement congratulating General Manager Leanne Barnes being awarded a Public Service Medal, announced in the Queens Birthday Honours List for 2021.
There were no Mayoral Minutes.
7. Urgent Business
There was no Urgent Business.
8. Staff Reports – Planning and Environment
8.1 |
Endorsement of planning proposal to remove minimum site areas for certain residential development |
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A motion was moved by Crs Fitzpatrick and Bain That Council 1. Supports a planning proposal (Attachment 1) to amend Clause 4.1A, which relates to minimum site areas for certain residential development, of Bega Valley Local Environmental Plan 2013. 2. Authorises Council officers to submit the planning proposal 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. Authorises 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. 4. Note work programmed for Financial Year 2022 to address minimum lot sizes, minimum site areas and floor space ratios in the RU5 Village and R2 Low Density Residential zones.
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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114/21 |
RESOLVED on the motion of Crs Fitzpatrick and Bain1. Supports a planning proposal (Attachment 1) to amend Clause 4.1A, which relates to minimum site areas for certain residential development, of Bega Valley Local Environmental Plan 2013. 2. Authorises Council officers to submit the planning proposal 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. Authorises 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. 4. Note work programmed for Financial Year 2022 to address minimum lot sizes, minimum site areas and floor space ratios in the RU5 Village and R2 Low Density Residential zones. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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9. Staff Reports – Community, Culture and Leisure
9.1 |
Recognition of 20 years of partnership with local Aboriginal people |
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115/21 |
RESOLVED on the motion of Crs Seckold and DoddsThat Council: 1. Recognises and respects the traditional owners and custodians of the airspace, land and waters of the Bega Valley Shire. 2. Acknowledges and respects the traditions of Aboriginal people and respects their continued special relationship with the air, land and water of the Shire. 3. Accepts that in order to address the issues and effects of colonisation, which continue to affect Aboriginal people in the Shire, we must first acknowledge the past, to further respect, protect and advance the continuing rights and interests of all people in the Shire. 4. Invites all residents of the Bega Valley Shire to celebrate the 20th anniversary of this important partnership at a civic event to be held at 10.30am on 25 June 2021 at the Bega Valley Commemorative Civic Centre. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
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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116/21 |
RESOLVED on the motion of Crs Nadin and Bain 1. That Council accept the recommendations in the confidential attachment. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
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117/21 |
RESOLVED on the motion of Crs Nadin and Bain2. That Council accept the tender from Kenpass Pty Ltd in relation to contract for the works described in Tender RFT 2021-87 Whipstick Bridge Construction, in the amount of $2,260,150 (including GST), subject to variations, provisional sums and prime cost items. 3. That authority be delegated to the General Manager to execute all necessary documentation. 4. That all tenderers be advised of Council’s decision.
In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
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11.2 |
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Cr Seckold declared a non-pecuniary interest regarding Item 11.2 Bega Valley Local Traffic Committee, on the basis that she is the chair of the Bega Tathra Saferide. Cr Seckold remained in the Chamber and took part in debate and voting. |
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118/21 |
RESOLVED on the motion of Crs Nadin and SeckoldThat Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 5 May 2021 to be tabled at the 16 June 2021 Council meeting.
Bega Tathra Safe Ride Community Ride – 12 September 2021 – Alternatively 10 October 2021An application has been received to conduct a Community Ride between Bega and Tathra to celebrate NSW Bike Week on Sunday, 12 September 2021 (alternative date 10 October 2021) from 7.30am to 12pm. Commencing at Bega Cheese Heritage Centre then riding via Bega Cycleway Network to Bega-Tathra Road to Tathra Hotel. Recommendation:That, subject to conditions, sections of the Bega-Tathra Road be temporarily closed between 8.30am to 11.00am (rolling closures) on Sunday, 12 September (and alternate date 10 October) 2021 for the Bega-Tathra Community Ride. That organisers of the Bega-Tathra Community Ride engage a specialist traffic event consultant to prepare a comprehensive Traffic Management Plan encompassing all the required short term closures for access driveways and side roads onto Bega Tathra Road. That the proposed traffic arrangements for the Bega-Tathra Community Ride on Sunday, 12 September (and alternate date 10 October) 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. Council is to be provided with amended Traffic Control Plans showing the current proposed dates, including alternate dates. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate TfNSW accreditation and needs to be updated with correct dates and appropriate sign offs That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW by name for the event. That organisers have written Police approval prior to conducting the event. That letters be sent to landowners seeking written approval for the closure of private gates. That Police and Council review the Traffic Control Plan prior to the event being given final approval. Road Occupancy Licence required as changed traffic conditions proposed on the Princes Highway. That the event operates strictly under the NSW Health Department COVID19 conditions. It was noted the Traffic Control Plans provided were out of date and for the wrong event date. The event organiser will be contacted and required to submit current plans with correct event dates. A copy of the submission is attached. Sandpiper Lane – Installation of a “No Stopping Zone”Further investigation has revealed that there has been a number of complaints regarding this issue over a number of recent years. The formation width of the lane is 5.5 metres, with the lane reserve width only being 10.03 metres wide. The attached photos show some of the recent images of the difficulties facing the permanent residents regarding vehicles parking on the road. Council’s LTC representative has discussed the issue with both the Manager of Planning Services and the Manager of Certification and Compliance and all agree the installation of “No Stopping” zone is appropriate in this situation.Since his initial inspection, Council’s LTC representative has received correspondence from a number of the property owners, both local and absentee. They have expressed concerns regarding the possibility of losing all of the available on street parking for the use of the landowners as there is insufficient parking available on the properties for the number of residence vehicles. This was discussed at length at the recent LTC meeting by the members of the committee and has been decided to instigate “No Stopping” only on the northern side of Sandpiper Lane. It is felt this will alleviate the problems and concerns put forward by the original complainant, in particular the ability to safely leave and enter property driveways. The members of the committee believe this is something that can be monitored over the coming months and can be revisited if complaints continue. Therefore, the original recommendation has been amended to reflect the discussion and input by the property owners. Recommendation:Sandpiper Lane Photos attached. Timed Bus Zone West Kameruka Road, CandeloCouncils Local Traffic Committee representative has been working with Scarlett’s Buses on locating a suitable site for the School Bus transfer of students attending the Candelo Primary School. A site was previously determined and has been used under a trial basis, with success. Unfortunately, a local grain transport company are using the site to park their trailer whilst not in use, refer to photo. As a consequence of this, a request has been received from Scarlett’s Buses for the installation of a School Bus Zone, with operating hours of 8.00 – 8.30am and 4.00 – 4.30pm, school days. Council’s LTC representative has visited the site on 27 April 2021 and has provided photos that show the proposed site of the School Bus Zone. As can be seen in the image, there is sufficient room for the use of the site for the school bus interchange, the temporary location of garbage bin collection and an area where, if required, the local grain hauler can park their trailer. There was discussion between the committee members regarding the use of the site by the grain hauler and all members were of the opinion there was no obligation to provide such a site for their use, as the trailer should be stored at a depot. However, all members considered there was sufficient room at the location for all parties to accommodate their needs.Recommendation:That Council approve the installation of a timed School Bus Zone for the transfer of student on West Kameruka Road between the hours of 8.00am to 8.30am and 4.00pm to 4.30pm for a length of 30 metres commencing at the eastern edge of the access driveway to the old Kameruka Golf Course. Timed Bus Zone Photos attached. Bega Pony Club Camp and Gymkhana – 11 July 2021A late submission has been received on behalf of Bega Pony Club in relation to an intention to hold their annual Pony Club Camp Parade on Sunday, 11 July commencing at 9.00am for approximately 30 minutes. The parade will commence at the Bega Show Ground travelling west along Upper Street, turning right onto Parker Street, left onto Carp Street and finishing at the bottom end of Auckland Street. Recommendation:Bega Pony Club has been given the approval for the use of public land under the Single events and ceremonies certification on the 11 April 2017 that is valid for 5 years. The special condition states that the street parade be conducted as a Class 4 Special Event under the direct control and management of Police. The applicant is to obtain approval from the Police to conduct the class 4 event. A road occupancy licence from the RTA will be required for any classified main road. That the proposed traffic arrangements involving the temporary closure of Upper Street, Parker Street, Carp Street and Auckland Street, Bega for The Bega Pony Club Parade to be held on Sunday, 11 July 2021, be deemed a Class 4 special event and it be conducted under the direct control of the NSW Police. 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 Bega Valley Shire Council, NSW Police Force and Transport for NSW by name for the event. That organisers have written NSW Police approval prior to conducting the event. That the organisers maintain the roads cleanliness as they were prior to this event ie: clean up any horse manure. Approval subject to current Traffic Control Plan (TCP). That the event operates strictly under the NSW Health Department COVID19 conditions. A copy of submission is attached In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
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11.3 |
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119/21 |
RESOLVED on the motion of Crs Bain and Allen1. That Council receive and note the information in the report. 2. That Council endorse in principle the concept design dated 28 April 2021 for the new Taylors Square Tathra public amenities building. 3. That Council delegate authority to the General Manager, to endorse amendments to the design to deliver best outcomes in balancing user needs, building function and the project budget. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
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Note: The plans as tabled at the meeting of 16 June 2021 are available on Council’s website: Bega Sports Complex Option 6: https://begavalley.nsw.gov.au/page.asp?f=RES-TOT-85-70-51 Bega Sports Complex Option 6B: https://begavalley.nsw.gov.au/page.asp?f=RES-BPH-88-73-44 Bega Sports Complex Option 6C: https://begavalley.nsw.gov.au/page.asp?f=RES-DDL-70-54-35
A motion was moved by Crs Fitzpatrick and Nadin
1. That Council receive and note the information in the report. 2. That Council endorse the lower level concept version 6 as tabled at the meeting for the Bega Sporting Complex upgrades 3. That Council endorse the upper level concept 6b as tabled at the meeting with provision to be made for serving on the southern side of the south east kiosk and the toilets on the southern end to be designated as male and female with a urinal to be incorporated into the male toilets. 4. That Council delegate authority to the General Manager, to endorse amendments to the design as recommended by the Project Control Group to deliver best outcomes in balancing user needs, building function and the project budget. 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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120/21 |
RESOLVED on the motion of Crs Fitzpatrick and Nadin1. That Council receive and note the information in the report. 2. That Council endorse the lower level concept version 6 as tabled at the meeting for the Bega Sporting Complex upgrades 3. That Council endorse the upper level concept 6b as tabled at the meeting with provision to be made for serving on the southern side of the south east kiosk and the toilets on the southern end to be designated as male and female with a urinal to be incorporated into the male toilets. 4. That Council delegate authority to the General Manager, to endorse amendments to the design as recommended by the Project Control Group to deliver best outcomes in balancing user needs, building function and the project budget. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
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11.5 |
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121/21 |
RESOLVED on the motion of Crs Bain and Nadin1. That Council receive and note the report. 2. That Council authorise the General Manager and Mayor to execute the necessary lease documentation to provide further tenure of five (5) years to Merimbula Tennis Club Incorporated for their continued occupation of Lot 90 DP 234142 at 1 Kalinda Street, Merimbula, for an annual rental fee as determined by a registered Valuer, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure. 3. That Merimbula Tennis Club Incorporated be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
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11.6 |
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122/21 |
RESOLVED on the motion of Crs Bain and Seckold1. That Council receive and note the information in the report. 2. That Council endorse the Master Plan and The Playground Plan for Memorial Park, Quaama. 3. That Council delegate authority to the General Manager to procure items of play equipment and park furniture specified by the landscape architect. 4. That Council delegate authority to the General Manager, if required, to review and revise this Master Plan for any minor amendments arising during the delivery of this plan. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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11.7 |
Request for Waiver of Public Land Use Fees - Twyford Hall Redevelopment - Monarch Building Solutions |
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123/21 |
RESOLVED on the motion of Crs Dodds and SeckoldThat Council do not support the requested fee waivers. In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil |
12. Staff Reports – Governance and Strategy
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12.1 |
Council’s Energy Cost Saving Initiatives including Procurement Australia’s Power Purchasing Agreement Proposal |
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2:51 pm Cr Nadin left the meeting. 2:53 pm Cr Nadin returned to the meeting.
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124/21 |
RESOLVED on the motion of Crs Dodds and Griff1. That Council approve joining the binding stage (Stage 2) of the Procurement Australia Aggregated Procurement Activity. 2. That Council delegate responsibility for executing associated agreements to the General Manager. 3. That Council note the Power Purchasing Agreement – Indicative Business Case findings and recommendations. 4. That Council note the intention for Bega Valley Shire Council to pursue cost savings over renewable targets through the Power Purchasing Agreement.
In favour: Crs Fitzpatrick, Bain, Nadin, Griff, Seckold, Dodds and Allen Against: Nil
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13. Staff Reports – Finance
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13.1 |
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125/21 |
RESOLVED on the motion of Crs Allen and Dodds1. That Council receive and note the attached reports indicating Council’s investment position as at 30 April 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
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14.1 |
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Cr Seckold’s Councillor Report was included in the Ordinary Council Meeting Agenda of 16 June 2021. |
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14.2 |
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Cr Fitzpatrick’s Councillor Report was included in the Ordinary Council Meeting Agenda of 16 June 2021. |
15. Rescission/alteration Motions
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16.1 |
Cr Jo Dodds - Rescission and Notice of Motion - Popularly Elected Mayor referendum |
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16.2 |
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A motion was moved by Crs Nadin and Allen
1. That Council invite the two groups who submitted a Merimbula skatepark Community Project Proposal to submit concept/masterplan design for their respective submissions.
2. That Council staff work with the groups to organise a deadline for submission to the Council process, and prepare a report for Council for final consideration once that deadline has passed.
3. That Council acknowledge each group are providing the full financial contribution to establishing concept plans.
An amendment was proposed by Cr Bain
1. That Council give in principle support to a new skatepark at Ford Park in Merimbula, to replace the existing skatepark in Merimbula.
2. That as part of the Sapphire Coast Skatepark Association submission to Council, that in addition to concept masterplan design, they include a traffic and parking impact study of the proposed skatepark in the Fishpen area.
3. That Council staff work with the group to organise a deadline for submission to the Council process, and prepare a report for Council for final consideration once that deadline has passed.
4. That Council acknowledge the group is providing the full financial contribution to establishing concept plans.
The amendment was not accepted by Crs Nadin and Allen.
3:37 pm Cr Allen left the meeting. 3:38 pm Cr Allen returned to the meeting.
A motion was foreshadowed by Cr Dodds That a report be provided to Council outlining the costs associated with undertaking a traffic and parking impact study of the Fishpen area.
An amendment to the original motion was suggested by Cr Nadin 1. That Council invite the two groups who submitted a Merimbula skatepark Community Project Proposal to submit concept/masterplan design for their respective submissions.
2. That Council staff work with the groups to organise a deadline for submission to the Council process, and prepare a report for Council for final consideration once that deadline has passed.
3. That Council acknowledge each group are providing the full financial contribution to establishing concept plans. 4. That a report be provided to Council outlining the costs associated with undertaking a traffic and parking impact study of the Fishpen area.
The amendment was accepted by Cr Allen.
A motion was moved by Crs Nadin and Allen.
1. That Council invite the two groups who submitted a Merimbula skatepark Community Project Proposal to submit concept/masterplan design for their respective submissions. 2. That Council staff work with the groups to organise a deadline for submission to the Council process, and prepare a report for Council for final consideration once that deadline has passed. 3. That Council acknowledge each group are providing the full financial contribution to establishing concept plans.
4. That a report be provided to Council outlining the costs associated with undertaking a traffic and parking impact study of the Fishpen area.
The motion was put to the vote and it was LOST In favour: Crs Nadin Against: Crs Fitzpatrick, Bain, Allen, Seckold, Dodds and Griff
A motion was foreshadowed by Crs Dodds and Fitzpatrick That a report be provided to Council outlining the costs associated with undertaking a traffic and parking impact study of the Fishpen area. The motion was put to the vote and it was CARRIED In favour: Crs Fitzpatrick, Allen, Seckold, Dodds and Griff Against: Crs Nadin and Bain
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128/21 |
RESOLVED on the motion of Crs Dodds and Fitzpatrick That a report be provided to Council outlining the costs associated with undertaking a traffic and parking impact study of the Fishpen area. In favour: Crs Fitzpatrick, Griff, Seckold, Dodds and Allen Against: Crs Bain and Nadin |
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17.1 |
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A response to Cr Nadin’s question was provide as a report in the Ordinary Council Meeting Agenda of 16 June 2021. |
3:55 pm Cr Dodds left the meeting.
3:56 pm Cr Dodds returned to the meeting.
18. Questions without Notice
Statement by Cr Bain
Cr Bain made a statement noting she also wished to acknowledge the work of Mr McMahon and Dr Howe in relation to the changing place proposed for Tathra at Item 11.3.
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
There was no declassification of reports considered previously in closed session.
Closure
There being no further business, the Chairperson closed the meeting at 3:59 pm.
Confirmed
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 16 June 2021.